New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-07
NILES BANKss WILL PRoBATED.
SURROGATE ADMITS IT. AND ALSO De-
CIDEs THAT HIS SON is DEAD.

Surrogate Thomas yesterday began taking testi-
mony in the contest the will Of Miles Banks.
who died some time ago The testator was the
brother Of General n. P. Banks. The contest was
begun by Maude Ernestine Banks, of Waltham.
Mass. granddaughter of the testator. She brings
the contest on the usual statutory grounds
When Mr.. Banks died it was found that he had
bequeathed to his son Ernest Banks H.ooo His
friends were surprised to learn that he had son.
it being generally supposed that the elder Banks
was unmarried Son and father had for some
reason become estranged y before No men
ton is made In the will of Miss Banks, the con-
testant. who is daughter OF Ernest Banks. II Is
said that the testator died in ignorance OF the fact
that he had a granddaughter living.
BY the terms OF the viii most OF the estate ia
bequeathed to General N P. Banks. a brother. and
TO Rebeeca Banks Sanger, a sister.
William j. Myron, one of the subscribing witnesses
to the will. the first witness He said that hs
had been old friend OF the testator.
lis 1t a fact that he drank ha-d?
mo. don't think he a hard drinker-"
In answer TO questions, however, the witness re-
called one occasion when he and the testator had
been drinking together. After much questioning
the witness said he remembered that Mr.. Banks
had drunk pint bottles of champagne on that
occasion.
Philip J. Britt counsel for Miss Banks told the
Surrogate that it was not known whether Ernest
Banks was living or dead. but that, owing to bis
long absence he would legally be presumed 10 be
dead and that his daughter would therefore In
W. H. simonson. the other subscribing witness.
also testified. Rebecca Banks Sanger, the sister
OF the testator, was the next witness
At this juncture counsel for the Will stated that II
would be admitted that Banks had been married
''WiH you admit that he was married; that Err
nest his son. and that Ernestine was ths
daughter. of Ernest7" asked Mr.. Britt
Yes was the reply
Surrogate Thomas. however, ruled that Mr.. Brit<
would have 10 prove all his allegations
The contestant the first witness after re-
cess She said that she was born IN 1Sl2, and that
her father was Ernest Banks She said that she
had not seen her father for many years; that she
young when she saw him last she scarcely
remembered him. She said that her mother died
tions. Miss Banks said that she had seen her
grandfather only once, and that she never made
any effort to make his acquaintance
Elizabeth Bemis aunt of the contestant, said
that Ernest Banks had disappeared many years
ago. As TO his habits the witness said that he
nesses were placed on the witness stand to show
that the relatives OF Miles Banks had tried to keep
him and his granddaughter separated. Surrogate
Thomas excluded the evidence
This ended the testimony, and Surrogate Thomas $.
delivered his decision from the bench. He said:
I find that, as matter of fact Miles Bank was
was married and had daughter Maude Ernestins
Banks. the contestant here. / further find, q
and that Ernestine. Banks is the heir-at-law OF
Miles Banks and next Of kin to Ernest Banks, and
as such has status 70 contest the will Of Miles
1 also find that the will of Miles Banks was duly
State. and that there is no evidence to show any
wrongdong TO influence him in the making of the
will The will Is therefore admitted to probate
case would be appealed and the fight carried into
the other courts