New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-07-10
MISTAKE IN ROGERS WILL
INSTRUMENT WILL BE OFFERED FOR
PROBATE IN NEw-JERSEY.

Paterson, y. j., July (SpeciaD.-The will Of
Jacob s. Rogers has been printed by the executors
end IL will be offered for probate In the Prerogative
Court next week at Trenton. Its complete text
would sdd nothing to the information which Trtb-
une readers already have Of II. So far no caveat
has been fled here by any Of the relatives and
Theodore 3. Rogers says that he is still undecided
what do about contesting the will of his. uncle
There is curious mistake in the last codic of the
Will which was made last fall 1t is as follows:
And hereby further will and beoueath to Thee
dore r Rogers. son Of my deceased brother Theo-
eore Rogers, an additional of seventy-fve
thousand thousand dollars.
The word thousand" is repeated and If taken
literally would give the nephew $40 ooo leaving
much less than nothing for the METROPOLITAN a1u-
scum Of Art. When asked what effect this mis-
take would have in the eye OF the law Mr. Pen
nngton said: No effect whatever. except to give
Theodore Rogers the sum OF $4,000. which was
,nanfestly the intention Of the testator The law
looks the intention Of the deceased and NOT ar
thSwords. This mistake has no more effect than
the repetition OF the word and which occurs in
6 former part Of the will. There are also mis-
takes in punctuation in the WILL but they will
have effect in disturbing the manifest intention
Of the testator.''
Another peculiar provision of the will is that the
testator cancels all debts which his executors may
find that any woman him. He says that he
in the habit OF making investments for women
and he does not want to have them held to strict
bility after his death
Mr.. Rogers describes himself throughout the will
Of the city, county and State of New-York The
executors do not care to talk this subject Judge
Barkalow said to-day that they would probate the
will IN this State. but he would not say whether
Mr. Rogers was citizen of this State Mr. Pen
nington admitted that he knew. but he said he did
not care TO tell. Being asked If Mr.. Rogers voted
in this State. Mr.. Pennington would not saw There
seems TO be some legal difficulty about this point
and the executors do want to show their hand
al this time They have engaged John ". Griggs
their counsel
The will starts out with the statement that its
bachelor. This it is thought. deliberately in
serted TO counteract any claims that might be set
up by women that ne married. He repeats the
formula in the codicils.
John c. Dwyer has been judge of the Third Tot-
ing Precinct of the Fourth Ward in this city. in
Rogers ever voted here, Mr.. Dwyer said: Mr.
Rogers never appeared at the polls in this city We
carried him the registry books for years. until
the act was passed requiring voters appear per-
sonally and register. and then his was
dropped. He never asked put his on
New-York. but my understanding is that he never
voted anywhere. He q Democrat but he
never exercised the right of suffrage
Probably the only reason the executors want to
probate the will in this State is that of them
live here. and that ii will be more convenient for
they would then be foreign executors, and prob
ably have TO give larger bonds. Another reason
may be that they want the fees to 10 the State
of New-Jersey. The collateral inheritance tax in
this State is 8 per cent. and the large estate
of Mr. Rogers this might $4,000 TO the State.