The sun., 1901-12-11
MODIPIES B. G. CRUGER'S WILL
CHILDREN TO RECEIVE THREE
FOURTHS or HIS ESTATE.
Surrogate Thomas Rules Against the Be-
queathing Of the Decedent's Entire
Fortune to . Woman with whom lie
Had Lived for Some Years Abroad.

Had Lived for Some Years Abroad.
The will Of Eugene Guido Cruger which
purported to leave his entire estate to Olga
Salomea Heitz. was admitted to probate
Yesterday by Surrogate Thomas, but in a
way by which the three contesting children
Of Mr.. Cruger are In the main the success
ful litigants. The contest was waeed by
Mr.. Cruger's first wife, now Mrs. j. Frederic
1ams. as guardian Of her three minor
children by the testator. Mrs. Tams de-
clared the will a forgery, that Mr.. CruRer
was mentally incompetent when he exc
cuted il, that IL was procured by undue
influence. and was not, If executed by him
at all, executed in a way to convey any
property In this State.
The document was executed in Accord
ance with the laws OF France, where, the
Surrogate says, a will is valid without wit
nesses II 1t is Photographic. Mr.. Cruger had
written II himself. and In few words named
Miss Heitz AZ his sole egatee. He ap-
pointed no executor. but motion to have
one appointed with the will annexed will
now be made. The Surrogate finds that
tho document was not executed according
10 the laws OF this country and its validity
as an instrument to bequeath personal
property would depend on whether Or not
Mr.. Cruger was a resident of France
Mr.. Cruger was born at Florence in 1850,
of American parents. resident abroad
lie married here I'm 1880, but his wife pro-
cured an absolute divorce In 1887 with the
custody OF the three children, who now
contest the will. A second marriage, 10
Meta Bell Kane, occurred in 1897 and she
separated from him in 1891 1t was in this
year that he met Olga Heitz in a cafe in
Paris. and the Heitz woman continued 10
reside with him until his death on April 4.
Isas, at Fontainebleau.
The opinion states that the contention
that the will was forged, which was SIM
ported by expert evidence. led the Surro-
gate to examine the document carefully.
and he has come TO the conclusion that Mr.
truger wrote the will. While Mr. Cruper
was Ill from 1896 with a progressive illness
accompanied by partial paralysis of the
organs OF speech, the Surrogate saws he
retained his mental faculties, and the will
was executed az time when he was fully
competent.
undue influence on tho part OF Miss Heitz
While the Surrogate holds that the will
j. valid rs having been executed in France
hv resident OF that country. in so far as
state % bs ssvs 81 Personal Psr q. properly in this
g-eater than the laws of France warrant.
he finds that where a man dies lea wing
three legitimate children. as Mr.. Cruper
did, he cannot leave bv will more than a
quarter OF his estate outside OF his family.
Ihre'-tourths of the personal estate will
therefore go 10 the contestinp children
and the other quarter TO Miss Heitz
very small part Of the estate Of Mr..
CruRer was In France, where II was disposed
OF under prior probate of the will His
personally IN this country is estimated
at about sl32 900. Mr.. Cruger had given
large sums OF money to his two former
wives and had settled a large sum on the
contesting children. The probate will not
aneci the realty Of Mr. Cruger in this ,ity
in properties the yearly income from
which is less than 5000 a year. This
realty will pass as in intestacy TO the three