The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-06
SaE SUES ROGERS ESTATE.
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Testimony tra ittrr fr V,Hytfh Yesterday
hrfprr Vice I htnp,lIrt lmlfv M tho final
hrarina ~ tho .ui hfpufhi Nv Mrs Victoria
tiriuIsrh ~ it,iuriur astinat Tho EXECUTORS
undef he viii " ne lhtc Jacob = Itngprs.
tho Paterson millionaire locomotive builder.
whu ~ hia death about four years agu 10.
uuenihcd practically hia entire estate "
th.T fIn or morn ip IN" Metropolitan Mu-
SCUM ~ Nr' The directors " that matt.
tuition are also defendants Io Tho s,nt ~ Mrs
Hrinisch
Mrs Hcirisch vas = hair aistcr ~ Jacob
= Rogers, both holng children ~ Thomas
Rogers. Mrs IIrtnisch hotnR IN" offspring
of u SECOND wife She claims u right TO
receive from tho estate ~ her half brother
the sum ~ iiOo.O oo. and haaeS her claim upon
an alleged promise made hy Jacob To their
father IN the dcHthhrd NJ tho latter 10 care
for her during her life. This promise. ac-
curding To Mrs Heinisch. was not kept by
Rogers. and she thinks that out 81 the mlll-
ions he left as a puhiic legacy the com
paratively small amount Of 500, 900 should
he given to her.
Testimony had been pre- violsly taken In
the case before n commissioner, aud part of
this was read in the court yesterday form
ing a portion of the proceedings. Mrs.
HclnisCh also gave testimony in support Of
her bill. She was represented by Wesley B.
Stout and Aaron f.. Johnson, while the de-
PENDANTS were represented by Richard V.
Lindabury.
Mrs. Heinisch testified that Al the time
hsr father was dying. and while she and her
brother. Jacob. were in the room. together
with their uncle and a physician, her father
said to the doctor that he would gladly give
500 600 for the boon Of living a few hours
longer. She declared that her brother then
spoke to their father and asked the dying
man if there was anything his children
could do for him that would ease his mind.
She said that her father thereupon pointed
to her, "a she SAT on Jacobs knee, and said;
Il want to change my will. want to do
better than | have for that little girl"
According to the complainant, Rogers re-
piled with a solemn assurance that there
was no necessity to change the will to have
the desire of his father g~ratifed and that he
pledged himself then and there to carry out
the dying mans wish in that respect.
The amount she claims, Mrs. Heinisch
said, was fixed from the amount of the
sum her father declared he was willing to
give if his life could be prolonged long
enough to change his will in her favor.
In the excerpts of testimony read by
Mrs. Heinisch's counsel we're statements
made by Emmanuel Smellegar, an eighty
year-old uncle of the complainant. He
testified to the alleged promise made by
Rogers to his father on the deathbed of the
latter to take care of Victoria. This testi-
mony was practically the "a me as that of
Mrs. HeinisCh.
In expla nation Of her failure to file a
ca veat against the will of her half brother
in protection Of her interests, Mrs, Heinisch
declared that she had been decei we'd into
believing tina such an action had been
taken in her behalf.
Mr.. Lirdabury explained that by the will
Of her father Mrs. Heirisch came into a
Request amounting to about s5s.O0O, while
Rogers and his three brothers each received
one-fourth of the residue Of the estate,
amounting to about $3.50. COO beach.
The OIL other witress called was Mrs.
Gilmore Hughes, whose husband was presi-
dent e the Rogers Locomotive Works for
seven wears preceding Rogers's. death,
She testified that while during the later
wears Of his life Rogers was eccentric he
frequently spoke g~raciously Of Mrs. Helm
iYch. In contrast to his treatment of his
half sister. the witness said. Rogers more
than once set his dogs on other relatives
who called untidden at his home.
Nice-Charcellor Emery announced that
he would reserve decision. lie requested
COUNSEL to file briefs.