The Providence news. (Providence [R.I.]) 1891-1906, 1900-12-03
The Contest Over Duryea's VIII
Is TO Be Reopsned.
DAUGHTERS WERE CUT OFF.
Millionaire Starch MilufaeiuIsr LET! Tho
Bulk d His Estate 70 Son, whs Is Sut-
fsrlng From Broken Neck

New York, Dec. IA snpstshuat VIC
tory has been gained by Mrs. Eva Duryea
Thelberg, Mrs. Grace Duryea sprigS and
Mrs. Marcia Cox, daughters OF Edgar h.
Duryea, the millionaire starch manufac-
turer. of Glen Cove, l.. L., In their en-
deayor TO upset their fathers will on the
ground of undue influence exercised, SO
they say. by their brother. Walter Y.
puryea, before and after the accident in
which he broke his neck.
The surrogate has decided that the pro-
bate proceedings may be rsopened on
Dec IL.
County Judge ssabury. who Is also the
surrogats OF Nassau county. has for
weeks been listening 70 arguments oy
J. Campbell Thompson and Townsend
scndder' OF counsel for tho Duryea sis
ters. urging the reopening OF the pro-
ceedings.
These proceedings had been virtually
abandoned by Pryor, Melliss d Harris.
who FIRST represented the Duryea sisters.
as soon as the four subscribing wit
nesses 10 the will had peen examined. AT
that time IL had been practically agreed
TO permit the Issuance OF the VIII 10
probate, to Immediately take an appeal.
and thus get the case before a jury in
the Supreme court.
This arrangement, however, was un-
satisfactory to the contestants. who ar
gued that the major portion of the es-
tate. valued at more than s2,000,00o. would
Immediately fall into the hands OF their
brother. Walter Il. Duryea. their cousins.
Frank. Harry and Louis Dpryea, and
Edward r. Payne. their fathers legal
adviser. all of whom, they declare, are
hostile to their interests.
THE NEW MOTION.
]. Campbell Thompson Immediately
went TO Mineola and obtained an order
TO show cause why the proceedings be-
fore the surrogate should not be reopen
ed alb Initia--
He also applied for the appointment OF
. temporary administrator OF tho estate
Of Edgar f. Duryea on the ground OF
the hostility OF Walter 4. Duryea and
the executors toward the three Duryes
sisters.
Walter r. Duryea through his counsel
Robert T. Honeyman. raised objection
after objection 10 the proceedings being
reopened He protested that his sisters
had voluntarily surrendered their rights
before the surrogate. and that IL was
Unfair TO expect him 10 spend more time
and money in defending the will
Scores of affdavits have been showered
on Judge Seabury by both sides. Walter
Duryea accused his sisters OF having ran
sacked and robbed the family mansion at
Glen Cove, known az The Eims This
Trey denied with great vigor. After sew
eral weeks OF argument Judge Seabury
has announced his decision.
IN FAVOR OF DAUGHTERS.
IL was in favor or the three daughters
end permits the reopening OF the con-
Aaf IAf...
initio. In other words. the four witnesses
examined during the trial OF the first con-
test cannot be re-examned. These were
the four witnesses to the signing OF the
VIII BY Edgar II. Duryea. The motion
Tor the appointment of a temporary ad-
Ministrator was, for the present. denied.
The hearing Of testimony is to begin
at Mineola, L. l.. on Tuesday. Dec. H.
We are very much gratieed" said
Mrs, Grace Duryea sprigg. Ito learn that
we nave won signal victory in the con-
test. We are not really antagonistic to
walter. All that we ask is that our
fathers estate be equally divided"
j. Campbell Thompson. the attorney
for Mrs Sprigg, Mrs. Thelberg and Mrs
Cox. said he was delighted at the success
or MS efforts I'm behalf OF the Duryea SIS
ters and stated that he had accumulated
mass or testimony, which, when pro-
duced I'm court would satisfy any rea-
sonable mind of the fraud which had been
attempted TO be perpetrated on his
clients.
"A mass of medical testimony has been
accumulated" he said. "for the purpose
or showing TO the court the lack of men
tai capacity on the part of the deceased
millionaire due 10 his habits and ex-
cesses.
THE NEW AFFTDAvITs.
I'm addition to the medical testimony
afhdavits have been collected from vari-
Gus acquaintances of the late Mr. Dur
yea, all OF which go TO prove his intem-
perance and his insane delusions. A direct
attack VIII be made upon those who were
instrumental In creating the alleged will
now being contested. The pecullarities
OF the situation at the time of the maxi
Ing OF this alleged will will be shown up
For the purpose of showing the way
In which the old man was deluded an
incident wherein Walter Duryea plays a
leading part will be laid bare.
"lnasmuch as the proponents OF the
VIII have claimed that Mr.. Duryea was
Justified i'm cutting of his daughters, the
unvclliug OF this incident will show that
much greater cause existed for the ex-
crcisc OF parental discrimination in the
case OF his son Walter"