Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-07-11
TO FILE THE ROGERS Will
Executors Decide to Go to the
Prerogative Court. 'f'tfe'l
THEY WANT TO AVOID HARDNESS
Have Other Reasons for Taking
the Step. }U


| Ut any llfne lultT IMAM en- Oayb
After the Death OF the Testator.
Paterson, N. j., July 8. To prevent
circumlocutiou and preliminary fencing
with the cnntesting relatives, the ex-
ecutors OF the will of Jacob s. Rogers
have decided to file the instrument for
probate in the Prerogative Court of
| Probate OF New Jersey, of which Chan
cellor William j. Maie of Trenton is
the presiding judicial officer. ss
| a'lt has been decided,'' said William
| S. Pennington. one OF the executors.
yesterday, THAT this willbe the wisest
course in view Of the litigation that is
expected Should We follow the usual
course and file the will for probate
the estate probably would be tied up
| for years. et,
Before the executors can take any
legal step their appointment must be
approved by. the court, and they must
obtain the necessary court order en-
powering them to handle the funds of
the estate. We believe that through the
Prerogative Court this business can, be
handled more expeditiously than
through any other channel, and it il
the desire OF the executors to do every
thing in their power to hasten a legal
/ settlement.
BY going directly to the Chancellor
we hope to, avert dilatary tactics, which
might be more or less effective in the
| lower courts There are other reasons
| that have influenced this decision. but
| OF them / do not feel at liberty to
speak at present 40.
| 81 am unable to say Just when tn ,
| will is likely to be fled for probate.
Under the law OF this State it is OPP
tional with us whether we file it in
Paterson or In Trenton, and it may be
filed at any time later than 10 days
after the death OF tesia tor. The Chan
cellor mt present is absent IN his vaca-
ton. and no nters will be taken until
after his return.
''As to the value of the Rogers estate
/ can give no more definite estimate
than that already given. An actual
inventory OF the personal property in
the shape Of stocks and bonds Is i'm
possible. The law DOES not give uH the
custody of these securities until after
our appointment as executors has been
confirmed by the court
| "0ur knowledge OF their character at
present rests wholly upon information
obtained from Theodore b. Rogers, and
his knowledge of the subject is adj
mittedly not exact, because of the ties
tator's extreme reticence on all matters
connected with his personal FORTUNE
and his business affsirB. .a
cit is safe to say, however, thst all
| of these SECURITIES are of the kind gem
orally designated las gilt.edged. Mr..
| Rogers was man who would not buy
or hold securities of any other kind.
In addition to retaining former At
torney- General Griggs in defense OF the
will the executors will have the legal
services of John s. Beam, my law
| partner.
+" Despite the reports that Mr.. Rogers
had submitted to me and to Judge
Barckalow the teft Of bis will at tho
time he wrote, IT,, want to say that
there Is no truth, in that statement.
| Mr.. Rogers wrote the will himself.
every line of it--and affixed his signa.
ture to each individual page. Nor, did
he submit it to me or TO Judge
Barokalow either for our advice or our
approval of it's validity. do not be-
lieye that any living man was familiar
with its provisions, butt in spite of
that think the VIII is likely to be a
hard one TO break. 81 &
Tho litigation over the Rogers will
IL not likely to be confined to the dis
satisfied heirs. This State of New Jersey
may have q big tight on its hands to
collect tho collateral inheritance tax OF
5 per cent on all requests left to persons
not direct heirs. Another question
arises over the Metropolitan Museum
OF Art. The law exempts from the pay :
ment OF the tax all legaoies to ''chari-
ties, hopsitaia, orphan asylums, public
libraries, Bible or tract societies and
1 all religious, benevolent and charitable
institutions and organizations. -
is this provision Of the law broad
enough to include the Ant Nd useum in
New York CityY' lawyers are ASKING.
is an art museum benevolent in
stitutionYn II the courts answer this
question in the negative the bulk of
Mr.. Rogers property will be taxed and
the State will receive large sum.
In the presence of two yelled women
VINO paid their silent tribute to the
dead manufacturer memory over his
grave In Cedar Lawn cemetery on Fri
day there is suggestion of romance
in his life dating back many years.
They did not attend the services 10 the
house, but drove to the cemetery in
their carriage. which was richly ap-
pointed and drawn by handsome pair
of horses. ef
One of the women v as old and feeble
tie other still rudy with the beauty
of middle age. They stood aloof as the
coffin was lowered into the oEen grave,
surrounded by the small circle of
mourners, but when all had gone except
one gentleman, the younger of the two
women slowly advanced to the head of
the grave and there dropped spray
of flowers The gentleman who had
fingered then escorted them back to
their waiting carriage, lifted his hat,
and they were driven away.
Both women were former residents of
Paterson, and the one was the daughter
of the other. Years ago. when the
daughter was in the bloom of a beauti-
full maidenhood, MIR. Rogers met Fer in
Paris, aud became infatuated withIher
charming personality. After his return
to Paterson he sought to have the girl
and her mother come back to America,
but they had planned to remain In
France. Finally the millionaire per-
suade6 them to grant his wish. He
bought for them ID aWaterbury. Conn,
a pleasant home, and settled upon the
girl securities valued at $40, 600. as
suring her an income Of about ~. 500
year. Some years later. when their
income was reduced by depreciation Of
some of the stocks and bonds, he
replaced them with others of greater
value.
MRS. HEINiscH MAY CONTEST.
Asbury Park, N. j., July 8. Mrs. Fl.
q. Heinisch, the balf-sis of Jacob
. ! Lea al. a