Evening journal., 1901-07-17
ROGERS WILL
HEARING FIXED
argument Will be Heard on
September l6
PROBATE WAS NOT GRANTED
Theodore B. Rogers SiVS Every Con.
SideraIiOn Demands That lie
Serve as Administrator

Nerve as Administrator
Trenton. ~ j.. July 17.-Untl the
viii OF the late Jacob s. Rogers, OF
Paterson, II. j., has been subjected TO
judicial scrutiny. the estate OF the ee-
centric millionaire viii be administered
by his executors. William Pennington.
John S. Barkalow and Theodore b..
Rogers, under a bond Of 5000 600. fur
nished by the American Surety Com
pany The executors qualified at uhe
state House yesterday afternoon. after
a lruitless eiiort to have the win ad .
mitted 10 probate.
The proceedings. before Chancellor
| William j. Magic. We're formal. but the
foundation was laid for a bitter LEGAL
controversy over the Rogers millions.
Tho real battle will commence ON Sep
tember l6, when. in response 10 c!ia-
ti0ns issued by the chancellor yester-
day, all OF the parties Ia ntoreat viii
appear for oral examination. II will
then bo determined whether the splen-
did gift Of $4,000 900 TO the Me,ropoli-
| tan Museum Cf Art shall stand. or
whether tho estate shall be be divided
among relatives Of the dead man.
Caveats were filed Ia the Court OF
! Chancfry yesterday by Helen Rogers
Bradford. Edith Rogers Gallally. fOi
Julia Edith Gallatly. a niece of the tea
tatur; Thomas Rogers. a nephew. and
his sister. Ella A. Rogers Ia olplsinl
the probate. counsel for Thomas Rng-
crs gave notice that when the cas-,
lcOmCs up before the chancellor on Sen
tember l6. Mr. Rogers and other rela.
tives viii undertake to have the vii
OF Jacob S. Rogers set aside ChaHcel
lor Magic announced that the nitia
hearing would be held an the Stat,
House in Trenton. after which hi
would hold court in Jersey City. fol
the convenience OF counsel and wilt
ncssea. NEST of whom reside in New
York.
When John W. Gnges. former attor
ey-general who appeared for the cX
ecutQrs, rose 90 present. the last vii
and testament OF the Paterson recluse
the silence in the court room was on
. pr0ssivc. A middlc-aecd woman. nc
cOmpanied by a little girl. clutche
p lcnvulsively at the chair which she oc
cupied in q secluded corner. as the FER
mor governor OF New Jersey read th
petition for probate This gave ris
To all sorts Of rumOrs, but when Ques
toned, the woman, who wore
veil. said she was merely "a spectator
and had no other Interest In the pro
cecdings. She declined 10 give he
name
Theodore B. Rogers OF Bear Del
a nephew of the testator, and namei
/, In the will as one OF the trustees. sl
between Mr.. Griggs and Mr.. DE Forest
(, His position has been prOblcmatica
n from the first. and at one time II wa
reported that he would join with hi
, relatives in c0ntesting the gift to tn
= Metropolitan Museum of Art Mr.. Rog
y ers dispeled this impression yesterday
but up TO the very last he refused &
! Join i'm the petition TO have the win ad
y mitted TO probate. Nevertheless. III
10 qualified rs an administrator PENDENT
lite. Mr.. Rogers said that he did no
, feel called upon to join in the petition
but every consideration demanded tha
- he should serve as an administrators o
the estate.
After stating the fact Of Jacob
4 Rogers death and describing his will
the petition offered by Mr. Griggs Sc
, forth.
your petitioners further show. ant
ara informed and believe, the sal
Jacob S. Rogers was never married, an,
left no wife or children.
IL also states that Jason Rogers
son Of Philander Rogers. deceased. No
sol Summer avenue, Newark and Nh
einia H,Initsch, NtWark. assert thu
7 they are heirs. or noXt of kin of or [
deceased. but as 10 the truth of sue
claims the petitioners are not in
formed.
Mrs. Heinitsch states that Jacob 5
Rogers was hor half brother. She wa
not mentioned in the will, and ha
given notice Of contest After Septem
her iG had bren agreed upon as ;h
tine fOr the hearing Of the contest
Mr.. Criggs presente a Iottion slgnc
by the dirortois of the MetrOpolita
Musuem of Art asking for the appoint
I lment of John S. Barkalow, Williar
3 Pennington and Theodore b. Rogers a
!. administrators pendente lite, wit
n power to trQnsact necessary busines
I connected with the estate. There wa
lno objection and the executors Qualihc
n i'm $500 600 bond. This is consderc
= small sum. but Chancellor Magic q
the same time issued an order whic
d forbids the administrators TO sell q
transfer securities belonging 10 TN
q Rogers estate. or to disturb the princ
e pal Of the estate otherwise. withou
/ 6rqf consulting him.