The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-09-22
.THE SAGE WILL is PROBGTED
NOT LIKELY no BE CONTESTED
BY THE HEIRS.
MRS. aaGe's Attorneys Announce That All
LeSacies WIN Re DOubIed-SOme A.
legged Descendants or sally sage, the
TestAtOr's sister, May Make Trouble.

legged Descendants or sally Sage, the
TestAtOr's sister, May Make Trouble.
The will Of Russell Sage was probated
at the ~Surrogates' ofloe yesterday. Prior
TO the fling Of the instrument counsel for
Mrs. Sage conferred with lawyers repre-
senting heirs and next OF kin and announced
that Mrs. Sage had decided to double all
the .legacies mentioned in the will, and
following this announcement counsel for
the heirs said they would not protest the
fling OF the will.
Through Mrs. Sage's decision the nephcws
and nieces will get $4,000 each, instead
OF the $40 90 ~bequeatned in the will, ana.
minor beneHciaries will receive CORES
pondingly increased amounts. The gen.
eral opinion in the Surro gates Office after
the proceedings had ended was that there
will be no contest to the will unless IL be
from the ale ged d~escendants OF Sally Sage,
a sister of the t~estator, numbering nearly
ascore, who fled a claim as legatees through
three Upstate lawyers who were looking
after their interests. 1t was generally
supposed that Sally Sage had died without
kin, but counsel for the Sage executors
announced that her alleged descendants
would get their share of the estate II they
offered sufficient proof OF their kinship-
Their lawyers then withdrew their OBJ
j~ections.
Senator Edgar T. Bracket, who it has
been said would contest the will in behalf
Of Edison Conrad, an ~eight-year-old great
granddaughter OF Mr.. Sage, who would
only receive so, $50 according to the original
legacy, was at the office early, and after
he had talked with Henry W. and Robert
W. DeForest, counsel for Mrs. Sage, went
before Probate Clerk Washburn with other
lawyers representing heirs and said he
would not protest the probating OF the will,
! and Charles L. Hoffman, A.. Welles Stump
| and other lawyers for heirs did wi
Senator Bracket seemed entirely satisfied
during the entire proceedings.
This statement was given out by DeForest
Bros. just before the will was probated:
Assuming no contest Of Mr.. Sage's
will, Mrs. Sage has intended and intends
to give each Of Mr.. Sage's relatives, bene-
f~iciaries under the will, an additional amount
equal to his or her legacy m to do this
as soon as possible after her qualification as
executrix. This intention has been stated
by her counsel, DeForest Bros, to such
Of the legatees as have made inquiry
Edgar Townsend and Richard W. Freed
man, the only two living witnesses OF the
will, which was signed February IL, 1901,
were sent for and questioned by Clerk
Washburn as to whether Mr.. Sage wac. Ct
sound mind, whether he was under any
duress and whether he stated IL to be his
last will and testament. Their replies
were satisfactory, and the clerk then an
nounced that the will was proved and
that it would be given to Surrogate Fitz-
gerald for his decree.
Alexander Neish of Walton, District At
torney of Delaware county, representing
alleged descendants Of Sally Sage, then said
tina he would not file an objection to the
decree being issued, but said he wanted to
be placed in the position of obtaining the
rights of his clients under the will. He &C
cepted the suggestion OF Charles A.. Car
diner, counsel for DR.. Mum, and Charles
Henry w. DeForeet, who advised him TO
put Ia a claim, which they said would be
honored II it were found TO be just.
Surrogate Fitzgerald signed the decree
Mr.. Ncish said that Sally Sage. whoee
alleged heirs he represented, was born in
1907. Il an early age she was married TO
one Ira Darling, a tolgate keeper at Gilboa
In Schoharie county. According to Mr.. Neish
Sage, her brother, thought she had married
beneath her station, and later refused to
have anything TO do with her. Her death
i recorded in the Sage family Bible as
having occurred June 81, 1918, at Oneonta,
n IA in the handwriting Of her father.
Mr.. Neish points to the date, June 81, which
was impossible. IA evidence that Sally
Sa9e's death did not occur at that time.
She really did die, he said, in June, 1904,
after having been twice married.
Sally SAGE had one child, Julietta OAR
ling. by her fret husband and had no issue
from her second marriage, according. to
Mr.. Neish. Julietta Darling had Ave chill
dren, and il was on behalf Of her descend
ants, numbering a score, that a contest was
threatened for a time yesterday.
Henry W. DeForest declined to max
any further statement regarding the will
than was given put in the morning. 1T
tells all there is to be told and there is
nothing behind it," he said. IF you want
to know whether there will still be any con-
tests you will have to ask the lawyers rep
resentinG the heirs, but the natural infer
ence to be drawn from the proceedings
In the ~Surrogates' Court to-day, is that
the estate will be settled up without a
hitch"
1t was said yesterday that Mrs. Sage
doubled the legacies upon advice Of one of
her lawyers who had been trying TO reach
an agreement with representatives OF the
heirs, but Mr.. DeForest grew somewhat
nettled when questioned on this point.