New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-14
WITNESS TN TODD CASE.
TELLS OF LATER WILL.
Estate of Woman Found Dead on
Tracks an Contest.

The trial Of the contest Of the viii Of Mrs.
Marguerite Todd. who was found dead on the
tracks Of the Reading Railroad. Philadelphia,
on last October %, was begun yesterday before
Surrogate Fitzgerald Mrs. Todd Left an es-
tate valued at $4,000 which includes the Won
Hoffman apartment house No. ~ West 10Th
street. Mrs. Frank Tousey her daughter. and
Milton Berelsheinl. her grandson. are contest
ing the VIII. Ingersou lockwood. lawyer, who
was the principal witness yesterday. is named
IN the viii submitted for probate as executor.
The contestants are DESTROYS OF getting rid of
Lockwood as executor. This viii was drawn in
1902 and the contestants say that yet unols-
covered viii was drawn the following year
Lockwood is represented by Mark Alter and
Jones Cochrane. Maurice Meyer. Daniel o'Reilly
and Theron G. Davis appeared for Berelsheina-
George B. Hastings is counsel for Mrs. Iousey-
F.M. Lee. one of the subscribing witnesses 70
the viii OF 1902 was the first witness called
He testified that he and Francis G. Hatfield,
real estate dealer of Yonkers, both signed the
viii and attestation clause and that it was
signed by Mrs. Todd in their presence His men,
DRY was poor, as he cid not know whether he
read the attestaton clause or whether Mrs Todd
declared the paper 10 be her last will and tesla
nent He said Mrs. Todd asked him 10 sign the
VIII the day before II was executed. He said
Lockwood and Jennie Payne were in the apart
appeared 10 be in her proper senses and Of sound
mind
Francis c. Hatfield. the other subscribing Wit
ness. was next called He corroborated Lees |
testimony and was positive that lockwood did |
not say anything with reference TO the viii. In
Ger REORGANIZATION the witness said he sup
posed" he was signing her will but nothing was |
said ''to indicate that il was her last viii and |
testament" He was asked as business man.
if he affixed his signature 10 a paper without |
knowing tts contents 10 which the witness re- |
piled:
I had the previous day been invited to call |
Mrs. Todd 70 sign will, and naturally sup /
posed the paper signed 70 be the viii re- |
ferred 70.
Hatfield denied that he was seeking 70 favor /
Mrs. Tousey. but said he would like 10 see her /
receive her rights. as he had known her all her |
life. He added that he did not know that she /
would be benefited If the viii were broken.
Ingerson lockwood was then called 10 the /
stand. He testified that he had been Mrs. Todd's |
adviser for many years but through a quarrel !
short time before her death he was forced TO
leave the room furnished TO him at the Won
Holman apartment house by Mrs. Todd He |
said he had no knowledge Of any will made
prior 10 the contested one. A subsequent will
was partly drawn he said. but never completed
In order 70 testify lockwood waived his right /
To a legacy n $500 left him by the will
He positively contradicted the evidence given
ny Lee and Hatfield. and said that he distinctly
Informed them that II was q will and took II
nom Mrs. Todd. asking her At the time. DO
you declare this to be your last will and tesla
n2ent@" and that she replied in the affirmative.
Ar lockwood said he had drawn a bill Of sale
projected VIII and many leases pertaining m |
me Won Hoffman house. A bin Of sale was
shown 10 the witness, Mr.. Hastings explaining
that he proposed 70 show that AIr Lockwood |
drew many papers for Mrs Todd. and thar -ha /
papers made many benefactions 10 the LAWYER /
The paper proved 10 be q bill Of sale from, Mrs. /
TODD 10 her daughter Of I'll her ieweIrv WEAR
ing apparel and household effects for 81 An
5Laer paper was contract dated October 1909
"a WL-lcn MIS- TODD gave $1,000 as a gift 70 len
ne N Falne. The witness was asked If he ba6
ever palo this sum, and replied, No nor ve+
A4t. t-ocA@ood also said that he had not vet paid
70 mrs. IoCsey the money due her. but thsr s.
Tar he had invested about $4,000
IEe witness was asked about the 6rr1,cs+.
fey ne was said 70 have ordered for Mrs To5d,s |
apartment, and denied having it. but said he told
ne manager OF The house that II was unsafe for /
The OLD LADY 10 live alone and Suggested 49, =,
might be wei If he was provided 7-ir1 : 7-1ru
1aJe key. i 1upli-
reporter who worked on the story rsstie.4 |
lAal N a, interview with Mr. Lockwood The |
taIJer told him there We're rvo wills one rna5. ~
ls"z ana another IL 1903. The witness coII75 No.
fetlisnoer whether Lockwood told him rba- Ls 4
Ie- me VIII or thai he knew there were two /
WINS. it case VIII be continued TO-DAY