New-York tribune., 1906-07-31
even temporary shortage Of water and all the
evils which such a shortage might entail
4 NUISANCE SUITE

| The attorney for some OF the Oliver Twists
among Russell Sage's nephews and nieces who
want more of their uncles money than he saw
fit 10 give them was quoted yesterday as say
ing with respect TO the threatened contest over
the will:
While we acknowledge that the will would be
extremely difficult to break we base some hope
OF a more favorable settlement on the fact that
Mrs. Sage IS a very old woman and that she rs
exceedingly anxious 10 dispose of her many pro-
jected endowments and charitable projects DUR
ing her lifetime. Should she make settlement
with the heirs she would probably live TO carry
would be carried clear TO the Court Of Appeals.
and would involve years or litigation. peileVe
Mrs. Sage would rather make large concessions
TO the other beneficiaries than to risk having
the estate tied up indefinitely.
This statement If, indeed, it is an accurate
quotation, has at least the virtue of frankness,
even If the revelation does not greatly surprise
the unpreiudiced observer or reflect credit on
the seekers for the Sage treasure trove. We do
not believe that the procedure outlined falls un-
der the condemnation Of the Penal Code. Ex-
tortion and blackmail as defined by the law
are attempts 10 force payment by threats of
unlawful acts. Suit TO break the Sage Will
would be punctiliously and aggressively lawful.
Probably, also, good many members of the
bar would object TO the enforcement of any
professional standard which would prevent the
use of the process of the courts 10 delay busi-
ness and eXtOrt settlement of Ill founded claims,
and generally to maintain what once heard
a pretentiOusly eminent lawyer OF this city
proudly describe as "a nuisance suit" A ''nui-
saRce suit" against Mrs. Sage can, no doubt be
brought with perfect immunity. Perhaps Mrs.
Sage at her age as this lawyer seems to expect,
would rather be held up for money than for
time But what shall be said of the decency OF
such demand for "YOur money your life?
That is just what the threat amounts TO. This
aged woman is not to be allowed to round out
her life doing the work of her ambition unless
she consents to pay tribute TO the aVarice of
persons in u legal position to delay the settle
ment Of the estate without apparent expecta-
tiOn of being able in the end TO establish their
claim.
If relatives of Russell Sage really believe
that he was mentally incompetent five years
ago, or that Mrs. Sage poisoned his mind against
them or otherwise used undue infuence-if in
good faith they believe they have evidence
which would warrant breaking the will-well
and good. If they prepared to put up the
money TO carry on suits pay their lawyers
not merely make contingent bargains with legal
gamblers and fOmenters of litigattOn-and carry
on suits for what they would probably get on
the Judgment that, Of course, is their privilege
But an attempt to delay the probate of what
they themselves believe to be a valid will, which
they do not hope to break. counting on the
eager philanthropy of Mrs. Sage and her fears
of not Outliving litigation, would be indecent
and ought TO be impossible