The sun., 1905-08-02
$2,500,oo0 FOR mrs. ZTEGLSR
CONTEST or BAKING POWDER
MANS WILL SETTLED.


so,ne sIs 500 900 Left fer the Aasptsd
son.-One Coasidcsaasa BefssD the
Court an Opinisn Thst the naekes Of
Expeditisns 70 the Psae IVES Insane.
On the AFFIDAVIT Of Lawyer John d. Lind
say that an eminent alienist whom he had
consulted was OF the opinion that William
Ziegler, the baking powder millionaire,
who died at Noroton, Conn, on May "a,
was not Of sunaoient mental capacity to
execute valid will. Supreme Court Justice
0iessrioh signed an order yesterday author
izing Justice Gaynor, Mr.. zieglers executor.
to settle the widows claim on the estste
by paying her q 400. 900 cash and 81 900 900
In stock Of the Royal Baking Powder Com
pany.
Three weeks ago Mn. Matilda e. Ziegler
began her action to have the will set aside
ON the ground Of her husbands inoom-
petenoy. The will WAS executed on March
81, and bequeathed TO the couples four
teen year-old adopted son, William ZiegleY.
the bulk Of tie estate, which It was then
believed would amount to some thirty
millions. Nineteen millions IL nearer the
mark.
Justice Gaynor and the adopted son
wers named ~ defendants In the widows
action, which was brought In q friendly
spirit though with q. determination to
protect her rights. The will gave Mrs
Zicgler the life interest In her husbands
town and country homes. and an annuity
Of 50 900. John D. Lindsay was named
as iegal guardian for the boy on July IS,
and since then, according to his affidavit,
he has been active In trying TO bring about
an equitable settlement without. loss 70
the estate such as would necessarily result
from a protracted litigation. For bis
$4,000 under the order signed yesterday.
Another 500. 900 Is set aside to cover the
expense Of administering the estate and
paying the commissions Of the executors
Justice Gaynor Mrs. Ziegler and William
b. Champ. =,
to the papers, and u credited with fifteen
year expectancy Of life. At $4,000 year
this would have amounted TO only $7S0. 900
and accumulations Of surplus income, with.
t counting her life interest In the real
estate. Her widows right II her husband
bad died intestate would have been one
In the real estate, which was calculated
yesterday to be worth about y 600 900. A
man who has been connected with the
SurroRates' ONCE for years and who has
Witnessed innumerabie contests OF large
considered that Mrs. ziesler had done
very well under the circumstances.
Justice Gaynor Is In Europe and Law
yer Charles n. Hyde represented him in
The litigation. Bowers 4 Sands acted for
Mrs. Zlegler and Patton, Stillman 4 Patton
for the testator's brothers and sisters,
who were legatees under the will. AL the
parties have signed consents to the settle
ment by which Mrs Ziegler gets 81, SOC. 600.
In his affidavit Mr. Lindsay says 1t Ia
agreed that in the event OF Q contest the
interests OF his ward, the adopted boy,
would probabl suffer greatly owing to the
pro.rac.ed nature and uncertainty Of such
litigation. Under the settlement. however.
his income will diminish but inoonsidera-
enjoyment of it. Mr.. Lindsay says that
the boy, notwithstanding his youth, is
well able to appreciate the position he Is
in and Is anxious that the settlement
should be effected on the lines indicated.
When the suit was begun and hr. Lind
say was named ~ guardian OF the boy
for the purposes Of the action, he imme-
diateiy devot ed himself to bringing about
a settlement. He consulted he sRys, an
-emnent alienist, who after having sub
mitted TO him hypothetical question EN-
bracing the condition OF MIR. Ziegler, as II
was known at the time he made the will
LIE very difficult 10 prove that the baking
powder man was mentally incompetent
| at the time.
So with the consents OF all concerned
| Justice Giegerich directed Justice Gaynol
to make the settlement. The 81 800. 900 n
! baking powder stock will consist Of 5,0O(
| common and 8, 900 preferred shares.