New-York tribune., 1903-02-24
HAGAMAN ESTATE FIGHT.
II NEW NOTION MADE.
Nrs. ". C. Delabarre Asks to Haze
PROCEEDINGS Set aside.

/
referee to ascertain the value of the estate OF
the late Theodore Haga1nan broker and hotel
man. win be argued Friday in the Surro-
gates Court before Surrogate Fitzgerald ac-
cordng to Henry W. Unger. the attorney. The
original proceedings were brought the lawyer
said. by Isaac Hagaman the brother, and SIS
! ters next OF kin of the dead The petition
! to set aside the proceedings is made by Mrs
Frances Freeland DeIabarre, wife of DR.. w 6
Delabarre. of No. 224 Central Park South and
widow of Theodore Hagaman he declares.
! Mr. Unger, who is of the firm of Levy &
Unger attorneys for Isaac Hagaman, said that
! the case involved hundreds of thousands of dol
| lars
On December of last year" said Mr.. Unger'
! 4 applied for letters OF administration IN the
| estate of Theodore Haganan. who died at the
Waldorf-Astoria on September II. 1900 Inc
application was on behalf of Isaac Hagaman
and others. the next of kin of the deceased In
the application it was declared that the estate
was worth 81 500 900. Through her attorneys,
Mills & Flower Mrs Frances Freeland Della
barre the widow of Theodore Hagaman, con-
tended that, the widow, she was entitled to
take out the letters of administration. and III
applying for the letters said that the estate was
worth only $1,000 and asked that the surety
bond he fixed at that amount.
I objected TO the bond being fixed SO low aqd
(
Isaac Hagaman. stating that he believed his
brother had left personal property worth
81, 100000 1 then made motion that referee
be appointed to take testimony to the value
of the Hagaman estate. Surrogate Fitzgerald
appointed John A. Foley, of No. 46 Broadway.
After two hearings, Mr. Unger said, he was
served with order issued by Surrogate Fitz-
gerald to show cause why the proceedings
should not he vacated. It stated. he declared
that on August Il. 1901. the heirs-at-law had
had made a full and complete settlement of the
estate in consideration of $1,000 and some
other things"
The argument on the motion to set aside will
be heard Friday.
Mr.. Unger read from what he said was a tran
script of the testimony taken at the hearing
Mr.. Hagaman died at the Waldorf, Septem-
Der II. 1900" he said. and according to
the widows sworn testimony her husband was
attended in his last illness by a DR.. Heald and a
specialist from Brooklyn whose name she could
not recall. She did not remember DR.. HeaId's
first name. She thought it was James I have
the death certificate here, and it is signed by
DR.. Joseph b Heald. of No. 161 West One-hun-
dred-and-sixth-st. II says that he died from
chronic gastrits, cirrhosis of the liver and pull
monary oedema. I cannot find the name OF
DR. Head in the telephone or city directory and
young man whom I sent TO the address in
Observation-Disclosures could learn nothing
Of him there"
Mrs Delabarre declares that there was no
nurse employed for Mr.. Hagaman during his
Illness continued Mr. Unger. but says she
nursed him, and that during the last week of
his illness she was assisted BY Maurice Willis
Of No, : West Ninety-second-st-. who is
brother-in-Iaw of Dr. Richard c. Flower, an init
mate friend of the family.
then began q question about Or. Flow
or. She testified that she had knoEn him for
six years. He had been a friend OF her hus-
bands and through that friendship they got 10
he on intimate terms. She said that DR.. Flower
had prescribed for both her husband and her
self and that her husband had great faith in
DR.. Flowers medicines.
I asked her if between August and Septem-
Der II of 1901 she had received $250,000 from
any source. She admitted that she had received
d sum like that from her husband. She said
that it would be impossible for her to state then
what she did with the money
she said that Dr. Flower was a business friend
and often made investments for herself and her
husband. She said that most of her invest
ments had been made through DR. Flower and
that she had made a number since her hus-
bands death.
IN answer to my questions she admitted that
she had opened = personal account in the
r nth Avenue trust company on july 20, 1901
She identified handbook which I showed her
as having been hers. and said that the amounts
in it were correctly stated. The book was ad-
mitted in evidence. It showed that she opened
the account on July % with a deposit of
S16.230; July il she deposited 1850; on Au-
gust 80. S372SS2 and again August a de-
posit Of S25.910.
The first item Of withdrawal showed that she
had given check for $1,000 to r. c. Flowers
order on July p, 1900 the day the money was
deposited She acknowledged giving the check.
The second check was dated August ;. and was
in favor of r. c. Flower for 81, 100. The next
drawn August p. for LOCO The next
check drawn August 23 the day after
she deposited the check for S512, $50, and was
in favor of r. c. Flower for $4,000. She ac-
knowledged giving the check and SAID that it
had been given TO DIT. Flower TO purchase Blue
Ridge mining stock and bonds for her. The
next check was dated in September. and was
payable to self It was for 100000 She de-
posted the none IN the National Park Bank
she said. because she had been advised not to
keep all Of her money in one bank. I asked her
what became of the 10000, and she said she
drew $4,000 and put il in a safe deposit vault
balanced.
The next check the Fifth Avenue Trust
Company dated September Z. 1t was for
$4,000. and was payable TO self
On September 10, the day before her hus-
band died, there check drawn on her ac-
count for 100000, payable TO herself On the
same day check for S25. 900 was drawn nav
able 10 self, and Endorsed to r. c. Flower
There also check for $4,000 TO the per-
sonal order Of r. c. Flower On the checkbook
stub for the last named checks was written that
they had been given for the purchase of Blue
Ridge stock and bonds.
Where is the 100000 nowr asked She
Eu1-a al Tho FHad