The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-07
PRICE TWO CENTS.
SAYS THE TESTATOR LIVES.
ODD WILL CONTEST THAT RECALLS
WINDSOR HOTEL FIRE

A Relative of Proprietor Leland Claims the
925O,O0 Estate of Annie Taylor Morgan,
Supposed Victim of the Fire-Body
Wasn't Found, and the Testator's Sister
Urges That There Is No Proof of Death.
A legal fight over the will OF Annie Taylor
Morgan will take place in the Surrogate's Court
the first week oi October. and an interesting
story is likely to be told by the witnesses who
appear for the contestant. Miss Morgan was
the daughter Of the late Homer Morgan. who
twenty-five years ago was one OF the best
known real estate brokers in this city. He left
nearly half a million dollars to his daughter
Annie and about the same amount to
his daughter Alma Louise. now Mrs. Fellows.
They were his only children. After her
fathers death Miss Annie T. Morgan went to
reside at the Windsor Hotel on Fifth avenae
She was n rather eccentric woman and often
made trips to Europe without giving her sister
or friends notice. On a number of occasions
she simply left the hotel saying that she might
be back in day or year
Miss Morgan possessed a fine musical educa-
ton. and was fond OF going abroad to visit
stars in the world Of music. many OF whom
were warm personal friends of hers While
living ut the Windsor she became greatly
attached to the members OF the family OF
proprietor Leland and she often took Miss L.
land to drive with her in the Park. The hotel
proprietors daughter finally became her con-
slant companion. On March II, the day OF the
Windsor fire. Miss Morgan was seen about the
hotel as usual. She told some one that she i'm
tended to go out half an hour later for the pur-
pose OF visiting friend. Before the half hour
had passed. the hotel was in flames 1t was
completely destroyed and about fifty persons
lost their lives. The exact number who per-
ished in the flames is not known. In the at
OF missing aud not accounted for appeared the
name OF Miss Morgan. Some said she was not
at the hotel at the time the fire occurred. but
that she had gone only to visit a friend.
In less than month from the date OF the
fire, on April IL. q document purporting to he
the last will and testament Of Annie T. Morgan
was filed in the Surrogate's office. With ID
was the petition of Miss Hattie Leland. daugh-
ter OF the hotel proprietor She asked that
testamentary letters be issued in the
case and that guardian be appointed
for the beneficiary under the will,
the beneficiary being Ina Leland Smith.
12-year-old relative of Miss Leland.
The provisions OF the will were that all debts
and funeral expenses Of MISS Morgan should
be paid as soon after her death as possible.
The estate. consisting OF pers nal property to
the value OF S250.OOO. was left ito Mise
Hattie Leland. OF 90 West Fifty-frst street.
In trust. to be invested and kept in
vested. the interest to be applied to
the benefit of Roddaughter. Ina Leland
Smith until she attains the age OF twenty
five years. when the principal and unpaid
balances of the income shall be paid to Miss
Smith absolutely and in Fee" In conclusion
the paper states: Il appoint my friend Will
liam Duffy of 10 William street and James 3.
Greves. of 81 Park place executors"
10 tln pita iApu aoIa m
April "a. On that day. Miss Morgan's sister.
Mrs. Fellows. appeared as contestant at the
Surrogates office. She was accompanied by
her counsel. Mankey g. Wadley. whose offices
are in Long Island City They. submitted an
affidavit from Mrs. Follows objecting to the
probate Of the will on tho grounds that Miss
Morgan was not dead and that the document
fled was not the last will OF Miss Morgan also
that even il it was SO executed. it was not her
free. uncons trained and voluntary act.
Surrogate Fitzgerald appointed Francis B.
Delehanty as guardian for Ina Leland Smith
James A. Hudson OF 45 Broadway appeared as
attorney for Hattie Leland and asked that the
case DO speedily called up for examination.
The contestant will require Miss Leland to
produce proof Of Miss Morgan's death. This
will be a difficult matter. inasmuch as Miss
Morgan's body was not identified as being
among those found in the ruins after the ho-
tel nre. The friends Of the contestant de-
clare that Miss Morgan was eccentric and will
probably appear In person In due time. They
believe that she left the hotel before the fire.
and on seeing her name in the list OF missing.
concluded to keep out OF the way for a few
months and then appear and surprise her
friends.