New-York tribune., 1901-04-23
WON'T WE'D HERZOG, IT'S SAID
MISS MCOMB LIKELY TO TAKE HER
PART IN THE RESIDUARY ESTATE
OF HER FATHER.

There is every reason to believe now that the
will OF James Jennings McComb who died at
his country seat, Estherwood al Dobbs Ferry.
March 81, will be admitted to probate without
a contest and that his daughter, Miss Fannie
Rayne McComb will not interfere in any way
with the provision in codicil made by her
father five days before he died that If she mar
ries Louis Herzog she should receive only
annuity of 5000 1t is reported on the best
authority that Miss McComb has no intention
of marrying Herzog, and in that case the codi-
Gil becomes void and she will inherit the fortune
set aside for her in the original will
The will up for probate before Surro-
gate Skman, at White Plains, Yesterday. and
though the clerk Leslie H Sutherland, took the
affidavits of five witnesses to the will and codi-
ellis, letters testamentary could not be issued
because of the absence of two witnesses TO one
of the codicils The witnesses sworn were the
Rev. Thornton NJ. Niven. DR.. C. H. Judson DR..
Robert Dennison, William C. Kidney and
Senator Charles P. McClelland. of Dohbs Ferry.
The signature of Thomas J. McCabe. another
witness who is dead was proved by sworn
aff1davt to his handwriting.
Added interest was given to the will yester
day when a fourth codicil filed. 1t was
made at Liverpool England, on September 8,
1888 while Mr.. McComb travelling in Eng
land for his health. 1t makes no radical
changes in the WILL except to add new execu-
tor 1t also makes provision for distribution
of his property in any of mis- children
should die before he did. 1t appoints as execu-
tors and trustees the Title Guarantee and Trust
Company his wife Mary Esther McComb, his
son-in-law Granville w. Garth, and his son.
Jennings Scott McComb. 1t also provides that
none of the executors are to receive any re
muneration except the trust company.
This new codici was found hidden away
among some private papers of Mr. McComb and
was written by an English solicitor. The coun-
sci for the McComb heirs refused to discuss the
exact Interpretation of the codicil in which Nc
Comb stipulates that in case Fannie shall
marry Mr. Louis Herzog, the provision which
she shall enjoy from my estate shall be as fol-
lows: An annuity of $4,000 per year shall be
paid to her so long as she lives free and clear
from any enjoyment or interference thereWlth
on the part of her husband Upon her death the
sum of $300000 shall be divided between her
children, which may survive her and the issue
OF child of hers who may have previously
died such issue to take the parents share
All Mr. Kidney manager of the estate. would
say this: Il believe she would be far bet
ter off if she didn't get married TO him" An
examination of the will, which bears date
June 9, 1892, shows that each Of Mr.. McComb's 5
four children-Nary Alice Fannie Rayne, Lille
and Jennings Scott McComb-are each to re-
ceve an independent income of $4,000 a year.
But this is not ALL said close friend of the
family, "as Fannie and each of her brothers and
estate which will probably amount to about
SS0o0OOO. Therefore my conclusion is that If
she does not marry Herzog she will be nearly
twenty times richer than If she does. So far as
l know she has intention of marrying the
man her father mentions l am of the opinion
that McComb did not look with favor upon the
I attentions HerZog paid 70 his daughter
The big country estate known EStherwOod
Is given in trust for the of the widow and
/ children, and Mrs. McComb is to have in
come Of $4,000 a year TO maintain the estab-
lishment and also an annuity Of $4,000 for her
own use. Mr. McComb in the will says that
on account of recent transfer TO his wife of
100000 in bonds. the other provisions in
lieu OF dover Therefore. lawyers say the en-
tire resduary estate goes TO the children share
OF which will be inherited by Miss Fannie.
II developed yesterday that of the heirs
10 Mr.. McCombs estate Is Robert Lee McComb,
a nephew. who lives in Paris. He is artist.
The testator leaves S1T5.0OO to be divided
| among his six nephews, including the artist but
Of the heirs is dead. Robert Lee NcComb
will receive $4,000 Another nephew, David
James McComb. will receive a SEPARATE bequest
OF So. 600
The final disposition OF the will will not come
up until May g. when appraisers will be ap-
pointed and the State transfer tax fixed.