The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-08
TO PREVENT LEGAL DELAYS.
Plan Decided on by the Rogers VIII
Executors

Z IAN DSStASd on ny the hoSeFo " III
Executors.
PATERSON. y. J. July S-The prevent
CiTcumIocution and preliminary fencing
with the Contesting relatives the execu-
tors of the viii of Jacob 5. Rogers have
decided to file the instrument for probate
in the Prerogative Court of Probate Of
New Jersey, of which Chancellor William
! MAZE, of Trenton, Is the presiding jul
dicial officer.
1t has been decided" said William s
Pennington, one OF the executors, that
this viii be the wisest course in view of
the litigation that is expected. Should
We follow the usual course the estate
probably would be tied up for years
Before the executors can take any lie
gal step their appointment must be ap-
proved by the court. and they must OBJ
tain the necessary court order empOw-
ering them to handle the funds of the es-
tate. We believe that through the Pre-
rogative Court this business can be han
died more expeditiousIy than through any
other channel. and it IS the desire of the
executors to do ever thing In their power
to hasten legal Sc Element.
BY going directly to the chancellor we
hope to avert diIatory 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 feI at liberty to speak at
present
I am unable to say Just when the viii
is hkeIy@to be filed for probate Under
the law Of this State il is optional with
US whether we file it in Paterson or in
Trenton, and it may be filed at any time
later than ten days after the death Of
the testator The chancellor at present is
absent on his vacation. and no steps Will
be taken until after his return
As to the value Of the Rogers estate I
can give no more definite estimate than
that already announced. An actual inven-
tory Of the personal property in the shape
OF stocks and bonds is impossible The
law does rot give US the custody Of these
securities until after our appointment as
executors has been confirmed bv the
court
our knowledge Of their character at
present rests wholly upon information
obtained from Theodore B. Rogers, and
f. his knowledge of the subject is admit
teddy not exact. because Of the testator-s
extreme reicence on all matters con-
nected with his personal fortune and his
business affairs
1t is safe to say, however, that all Of
these securities are of the kind general
y designated as gfIt-edged- MI Rogers
was Iuaa who would not buy or hold
securities Of any other kind In addition
10 retaining ex-AttoTRey General Grfggs
IN defence Of the viii 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
BaTckalow the text OF his will Al the
time he wrote it, I want TO say that
there is no truth in that statement. A1r
Rogers wrote the viii himself-every
Ike Of it-and affixed his signature to
each individual page. Nor did he sub
nit it to me or to Judge Barckalow eth
er for our advice OF our approval of its
validity 1 DO not believe that any lfv-
ing man was familiar with its provisions
but, in spite Of that. I think the viii is
likely to be hard one to break
The litigation over the Rogers viii is
not likely TO be confined TO the dissatis-
fled heirs. The State of New Jersey may
have 4 big fight on its hands to collect
the collateral inheritance tax of 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 payment Of the
tax all Iegacies to charities. hospitals,
orphan asyIums public libraries. Bible
CT tract societies, and all religious. be
nevoIent and charitable institutions and
organizations
Is this provision of the law broad
enough TO include the Art Museum in
New York city2' lawyers are asking Is
an art museum a benevolent institution
If the courts answer this question in the
negative the bulk Of Mr. Rogers proper
ty will be taxed and the State viii re-
ceive large sum
In the presence Of two yelled women
who paid their silent tribute to the dead
manufacturers memory over his grave III
Cedar Lawn Cemetery on Friday there is
a suggestion Of d romance IN his life dat
ing back many years They did not at
tend the services in the house. but drove
to the cemetery in their carriage. which
was richly appointed and drawn by u
handsome pair Of horses.
One Of the women was old and feeble
the other still rudy with the beauty Of
middle age They stood aIoof as the cot
. fin was lowered into the open grave. sur
rounded by tle small circle Of nOurners.
but when ali had gone except one gentle
I man the younger Of the TWO women slow
y advanced to the head Of the grave and
gentleman who had fingered then escort
/ ed them back TO their waiting carr. ge
lifted his hat, ana they were driven
away.
Both women were former residents of
Paterson and the one was the daughter
Of the other Years go when the daugh-
ter was young. MI Rogers met her in
Paris and became infatuated with her
After his return to Paterson ne sought to
have the --frl and her mother come back
/ TO America. but they had planned to re-
main in France Finally the millionaire
persuaded them to grant his wish He
I bought for them IN Waterbury, Conn. Il
pleasant home and settled uDOn the girl
securities valued at $4,000. assuring her
an income Of about s. 500 . year Some
years later. when their income was re-
duCed by depreciation of some Of the
stocks and bonds he replaced them with
others of greater value
NAV CONTEST ROGERS, WITH