The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-06-13
A LEFT HANDED WILL.
Curious Dispute Over the Validity of
New Workers. Last Testament.


Is the signature of a right-handed
man, made with his left hand and dis
playing the chirOgraphical characters
tics of the person who guided the pen,
rather than the characteristics of the
signer, valid in law?
Surrogate Fitzgerald will give an
answer TO this question on next Mon
day, possibly, and will settle a point
novel in contention, and, so far as
known, entirely new in will contests in
this county.
Ignatz Goldstein, plumber, of 194 East
Fiftieth street, was taken to Mount
Sinai hospital in last January, suffering
from an absceSs in the lungs. His con-
ditiOn was such that the only chance of
saving his life was by an operation.
He was told by the physicians that the
| operation might not be successful, and
that if he had any earthly affairs to
settle it would be well to attend to
them.
The patient thereupon sent for his
lawyer, Eli Schreyer. of 300 Broadway,
and his attending physician, who is his
cousin also, DR.. David J. Goldstein, to
whom he expressed the desire to sign
his Will
Mr.. Schreyer had prepared the instru-
ment in accordance with the instruc-
/ tons of the sick man, who directed that
the moneys possessed by him, in bank
and in his house, should. be divided
equally among his brothers and sisters,
and that his business and real estate
I should go to his wife to be enjoyed
by her during her lifetime, or until
her remarriage, when it should revert
TO his child.
Goldstein was in the full possession
of his faculties. The will was read to
him on the night Of Jan. "a, as he lay on
the operating table of the hospital. He
said it was written as he had directed.
and that it carried out his wishes. A
pen was dipped in ink and handed to
the Datient-Or rather offered to him,
for he was unable to grasp it. His
right arm and hand were so swollen
that he had lost all control of his fin
gers. He was too weak tC sit up, and
it was suggested that he use his left
hand to attach his signature.
The pen was placed between the
thumb and fOrefnger of that hand but
Goldstein, unaccustomed to its use in
penmanship, could not make a legible
signature without assistance. Mr..
Schreyer said that as the wishes of the
testatOr had been expressed clearly in
the presence of witnesses, it would be
legal to give him physical aid to com
plete his intention, so DR.. GOldstein
guided his hand, and his name was
written at the bottom Of the last page
of the document.
Then came DR.. Howard Lilienthal and
his assistants. The patient was placed
/ under the influence of an anaesthetic,
and the operation was performed. Gold
stein died on the next day.
When the viii was presented for pro-
! bate the widow served notice of CON
/ test. She objected to the clause which
| deprived her of her husbands real es-
! tate and business if she married again
! The point was raised that the sigma
/ ture to the viii was not the signature
of Ignatz GOldstein; that it resembled
/ the signature of DR.. David ]. Goldstein
more than that of the testator, and
| was, therefore, the act Of the man who
| guided the pen, and not the act Of the
man who wrote with it.
! This is the rather abstruse psyche
! logical study with which Surrogate
| Fitzgerald has had to deal. Morris Gu
| kor, who represents the brothers and
sisters to whom the cash Of which Gold
| stein died possessed has been bequeath-
/ ed, says there is no possible doubt of
the intent of the maker of the will, and
| the validity of his signature, even
| though made with his left hand.
| Three of the legateeS live in foreign
countries, and Mr.. Cukor contends that
! it would be impossible for a psychology
| zeal influence to extend across the sea
! and esta blish a telepathic conmunica-
/ ton with DR.. Goldstein, who, in turn
! exerted this will power on the mind of
/ the man whom he aided in tracing the
characters which expressed his desires.
Wills have been offered for probate
/ in this state in which the signatures
were made with toes. and in one in
stance with the mouth, but this is the
/ first instance in which the signature of
a right-handed man, made with the
/ left hand, has been disputed.