The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-07-17
ROGERS'S WILL FOUND.
Chancellor Asks Double the
Personal Property of
S855,OO0.
Ispecial to aThe Jersev civ News.,'l

Especial to tThe Jersey City News i
TRENTON, July II, 1901.-The will of
the late Jacob S. Rogers, who was at one
time a prominent locomotive builder of
Paterson. was offered in the Prerogative
Court yesterday. John w. Griggs. former
Attorney General of the United States,
appeared before Chancellor Magic in the
interests of the will. Mr.. Griggs looked
we'll and appeared to be in better health
than for a long time past.
The petition asked that the will and the
codicil be probated and that citation issue
to all the parties in interest. Thomas
Barkalow, William Pennington and Will
lam Rogers were made administrators OF
the estate, pendente lite, until the final
determination of who is entitled to the ad-
ministration.
The case was moved by Mr.. Griggs, who
had three objects in view
First-That the case be taken from the
Orphans Court of Passaic County, and
heard directly by the Chancellor as or
binary of the State.
Second-That the executors under the
will be named as administrators of the
estate, pendente lite. or pending the de-
termination of the question of who shall
Third-That a reasonable bond be ac-
cepted by the chancellor of the admins
traitors so appointed
In the first and second objects he was
successful, the ordinary taking possession
of the case under his constitutional right,
and fixing September 16 next as the re-
turn day for the citation.
The chancellor also agreed to hear the
testimony personally, and, further, for
the convenience of counsel, to hear the
testimony probably in Jersey City Chan
Gerry Chambers, after the return of the cl-
tation.
But when it came to the third propo-
sition of Mr.. Griggs, the matter Oh the
bond. the Chancellor said he could not
make it 100000, as Mr.. Griggs suggested.
Robert w. De Forest, trustee OF the Me-
tropolitan Museum of Art and counsel lor
the museum, addressed the court, saying
that the museum had every confidence III
Messrs. Barkalow, Pennington ana Iheo-
dore Rogers, the executors under inc Win
and the administrators pendente life, and
he thought the sum Of 100000 sufficient
bond.
The Chancellor. however, found on go
ing over the itemized list of personal
property in the petition that it footed up
ss55 900. The statute required a bond IN
double the amount This meant that the
administrators would be called upon to
give bonds for s1,710,0O0,
Mr. Griggs said that this would be prac-
tically prohibitive, and added that moth
ing but court practice has created such
power
He also claimed that it was entirely
matter of discretion with the court, and
a compromise was finally made upon
basis Of $5OO,OOO bonds, and the admins
traitors pendente lite are not to dispose
of any. securities except by order of the
court.
The petition read by Mr.. Griggs was
strictly formal. The affidavit of the
Metropolitan Museum of Art. through
Mr.. DeForest, set forth that the corporal
ton was the principal residuary legatee
under the will; that there are many Sc
ourities requiring immediate attention,
and then joined in the prayer that Jonn
S. Barkalow, William Pennington an1
Theodore B. Rogers be named as admin
istrators, with direction to take up GER
tain stock, options according to their
judgment.
Mr.. Pennington, one OF the executors
under the will swore that until this
court should act the executors were with
out power to gain access to the safe in
New York where the securities of the
testator are He was satisfied. however.
that Mr. Rogers owned 4.S05 shares OF
the capital stock Of the Paterson and
Hudson River Railroad, 1864 shares Of
the Paterson and Ramapo Railroad, the
whole valued at S342 900 also 800 shares of
the New Jersey Central stock. worth S4S,-
000. a majority of the stock of the Rog-
ers Locomotive Works and other stocks.
Keering Dull Light.