New-York tribune., 1905-11-05
SAW TODD 1903 WILL.
SAYS LOCKWOOD HID 1T.
UQdertaker Wanted authority
.Shozcn Before Cremating Body

sion a VIII executed IN 1910 Dy Mrs. Mdrgarelta
Todd the woman found dead the tracks of
the Philadelphia and Reading Railroad near
Philadelphia week last Friday night,
came forward yesterday He is P. w. Rad
cfe, the vice president and manager OF the
Stephen Merritt Burial Company AT o'clock
in the morning after Mrs. Todd's body was
found G. W. Amory. manager of the Won Hoff-
man apartment house. called him up and ordered :
him TO get the body and bring it to New-York
CITY for burial Later Saturday morning Lock-
wood appeared at the establishment
When he entered Sinclair Tousey, the broth
er-n-iaw of Mrs Rosalie Tousey. was sitting in
a chair Lockwood rushed by him and en-
tered Mr. Radcliffe's office. He announced that
he was Mrs Todd's attorney and that he want
ed her body cremated on Sunday, in accordance
with her expressed wishes. Mr. Radciiffe refused
10 recognize his authority. To prove that ne
was the executor of the estate, Lockwood puileo
Mrs Todd's will from his pocket and began
fourfshing it, Mr.. Radcliffe asked to be allowed
to see it. Lockwood consented.
THE will seemed all right. said MT RAD
cIiffe Yesterday. "and dated l9o5 lheIe
was no mention Of Lockwood's name Mrs
r.1;. Touse1, was named as the executrix. |
told lockwood that he had no authority to Or
der me TO crernate the body under the WILL ana
tfat would not take the responsibility OF ool"s
90 said that l would send the body to the re-
cnivinz vault at Woodlawn Cemetery ana "al'
for further orders until Mrs TouSeyS arrival
on his way out Lockwood called Mr.. Tousev an
'iuterloper' Mr.. Tousey acted the part II d
gentleman He picked out the coffin ana lel'
the funeral ARRANGEMENTS with He also
agreed with me that it would be best TO 'eaNe
| the hody in the receiving vault until Mrs.
Tousey reached America.
Monday morning lockwood filed, but did not
| offer for probate. will drawn UP III January
| fanq This will namad him as the executor OF
| the estate In remarking on Lockwood's acuoh'
| George Gordon Hastings the lawyer represent
ing Mrs Tnusey. said yesterday:
The execution of a will in 1903 DESTROYS any any
| wis made subsequently. If the will of 1903
| cannot be found-and Lockwood tells me fhat
! he has lost it-and va cannot prove me CoL- %
| rents of the missing will, ] believe We can;
/ the result will be the same IS II MIS- lo'" i''
! died without making Will -.
Il a lawyer should file viii knowing tRal
nrohate and attempt to secure rights given him
under the superseded will but not under the
| later will it would amount TO felony and ne
| punished by ten years imprisonment
Mark Alter. Lockwoods attorney, said yester-
| day that he knew nothing of the existence of a
| will drawn up in 1908. Magistrate Whitman in
the Jefferson Market police court yesterday
| dismissed the complaint against Hastings
| Tousey and Theron Davis. brought by Lock
wood. because of the raid IN which they gained
| nossesson of No. 26 West 29th-st., and put him
| and his detectives out of doors. Magistrate
| Whitman said that the matter was civil and
| not criminal since Lockwood was not assaulted.
| and that he had jurisdiction over it
Alter threatened to raid the premises with
/ forty detectives, and the magistrate said that
| he could do so IL he wanted TO. Alter said last
night that he would bring action of eject
ment against Hastings on Monday in the 3D.
| District Municipal Court, and at the same time
ask for another hearing of the first complaint
under Section 465 of the Criminal Code. He
said that he would go the grand jury If the
| magistrate refused another hearing
Maurice Meyer and Daniel OReilly, the at
| torneys of Milton Berolzlied. Mrs. Todd's grand
| son. have served papers on Hastings Tousey
| and Lockwood demanding the property left by
| Mrs Todd, the sFoUHd that they represent
| the only heir in the city. They will begin ae-
| ton on next Wednesday to compel Lockwood to
| give up the papers connected with the estate in
his possession. They said yesterday that they
would act in harmony with Hastings until MIS-
| Tousey arrives as their interests are identical
| with his If she viii not agree to divide the es-
tate left BY Mrs Todd with their client they
will then begin litigation against her as they
consider that Mrs Todd died inteState
George A c. Barnett, q lawyer, of No 119
West 10th-st, said yesterday that Mrs. Todd
| hired him last spring to draw up a secret will
for her He was 10 furnlSn witnesses, dnQ no
one but Mrs Julia Howe, Mrs. Todds step
daughter was to know anything about the will
Lockwood and Berolzlied to be eliminated
and Mrs Tousey was to receive the greater part
of the estate He said yesterday:
Mrs. Tousey here Tuesday or Wednes-
day and said that she coming back here
Friday afternoon. At o'clock she was to leave
my office as she was going make trip out
| of town
Barnetts Office is within few feet of Chris
topher-st. Miss Fannie knight said that Amory
| ordered the cabman to drive Mrs Todd to
some place in Christopher-st. on the Friday af-
ternonn that Mrs. Todd left town Mr. Hast
| ingr yesterday explained this saying
Mrs Todd hired me to draw up her Will on
| Thursday evening. She dictated it to me on
| Friday morning | asked her if should bring II
| 10 her in the evening. SIZE said that she was
| going to Orange. y. j.. in the afternoon, and
that 1 should bring it to her TO sign at o'clock
!, | on Monday morning On Friday afternoon, as
| she was about to start Amory thought that sho
u-as going to Barnettg, and ordered the driver
10 20 to No l1g West 10th-st- Mrs Todd said
no, to Christ32heP-sI
Coroner SchoIer said yesterday that he had
> Just received word from Coroner Dugan Of
Philadelphia that no expected to come this
citv in few days and confer with the District
Attorney on the Todd case Mr.. Schoer said
that he had been to see an Assistant District
Attorney and that the county had not yet
determined to take any legal steps In the case.
IT Is now r.porte from Philadelphia that two
man and not two women met Mrs Todd on her
arrival in Philadelphia Friday afternoon.
rho mon drove away with her ia cab, and
n-ere later seen it is said in the neighborhood
L. lTuu Ta1F g M IA