The Washington herald., 1908-01-01

Renewed interest has been aroused in
the contest over the viii Of the late Mrs.
Ellen NJ Cotton by the disclosure yester-
day in New York that a safe-deposit box
in that city, supposed to contain one-half
the estate left BY her. contained nothing
more or less than dust and air.
This box was supposed 10 contain Si5o000
Of negotiable securities.
Attorneys Charles A. Douglas. Brain
ard Parker. collectors appointed by the
Probate Court here; R. Golden Donald
son. representing little Helen sacher, OF
Paris. contesting the will, and Attorney
Conrad Syrne, representing the chief ben
ehciary Of the will. Mrs. Catherine Martin
Dahlgren, a daughter Of Mrs Cotton, on
Monday journeyed to New York. TO wit
ness the opening Of the safe-deposit box.
Was SuppOsitiOH.
II was the supposition that the securi-
ties were deposited in a box at the At
lantic Safe Deposit Company in New
York by Walter ]. Bartnett, one Of the
executors Of the viii Of Mrs. Cotton, and
by David Walker. both officers Of a safe
deposit company in san Francisco. which
suspended several weeks age. and both OF
whom are now under Indictment in con-
nection with the company's affairs. and
the disappearance Of the Cotton securi-
ties
The secusities were taken from this city
about a year ago by Bartnett for safe
keeping with the trust company in Cali
fornia, with which he was connected.
Following the suspension Of the Cali
fornia Trust Company. with which Bart
nett was connected. Attorneys Douglas
and Parker applied TO Justice Barnard 10
proceed 10 New York and institute pro-
eeedings to recover the securities. said 10
have been hypothecated by Mr.. Bartnett.
Justice Barnard issued an order authoriz-
ins the collectors to proceed to New
York, and they secured an order from
the court there to open the box.
4 dispatch from san Francisco. a few
days ago. stated the securities had been
found there. but the attorneys in ths
case announced their doubt as to this.
and also as TO the precise whereabouts
Of the valuable portion Of the Mrs. Col
ton estate
As Case Looks New.
As the cage looks now. the whereabouts
of the stocks and bonds. over which
there las been so much Iitigstion. may
not be determined until the trial against
BartHett in san Francisco.
Mrs Cotton was the widow Of Gen.
Cotton. of California. and left an esta-e
valued at about S1.C000O0 Her VIII de-
vised Practically her entire estate 70 her
daughter. Mrs. Catherine Martin Dahl
gren, Of this city, and S5.00O 10 her. great
| granddaughter. Helen Margaret Beatrice
Sacher, aged six. Of Paris. Her
father. Siegfried Sacher. of Paris. on her
behalf. has instituted proceedings 10
break the Will and the proceedings are
now pending before the courts here.
| Half a dozen lawyers were on hand in
/ New York City yesterday afternoon at
the Atlantic Safe Deposit Company's Of
/ fees. 49 Wall street. prepared to take
| charge of at least $4,000 worth of the
bonds and stocks which they expected 10
ind in the -safe-deposit box small
army Of reporters was also there. to tell
the news of the opening Of the box. One
would have thought the mystery OF the
box as great as that Of the tomb OF
Thomas c. DruCe.
| The disappointment was as great as
the Druce disappointment, anyway. from
the legal and spectacular point of view
/ The Cotton box. when opened. after much
| ceremony and palaver, was found full of
/ air and emptiness. The lawyers and heirs
/ Of Mrs Cotton must seek further in their
search for her lost wealth, and they viii
have to fare better if they expect any
monetary results.
/ on application Of Brainerd W. Parker
/ and Charles A Douglass, who were
named as collectors of Mrs. CoIton-s
estate by the Supreme Court Of the Dis
trict Of Columbia. Justice Davis. in the
| Supreme Court of New York, signed an
order on Monday directing the officers
OF the Atlantic Safe Deposit Company TO
permit the collectors to open. forctbly, II
necessary, the box standing in the name
of Walter J. Bartnett.
Mrs. CoItOn's viii.
| Mrs Colton's viii named Walter J.
/ Bartnett as sole executor, and Mss
Sacher gets only s. 900. the remainder go
/ ing to Mrs John 3. Dalhgren. her aunt.
The grounds for upsetting the win ara
/ that Mrs Cotton was unduly iraraBeed
/ by Bartnett and others. BARNETT was
one OF the officers of the California De-
posit and Trust Company. which closed
! its doors some time ago, and is under
bonds in $4,000 on charges Of embezzle-
ment in connection with the companys s
| failure
| II is alleged by the collectors Of the
estate and by Miss Sacher's legal guar
dian. her father, that the aged woman
owned a large amount of stocks and
/ bonds. amounting 10 at least S450000.
which she entrusted 10 Bartnetts keep
| ing. The collectors say that as far as
| shey can find out Barnett removed these
| securities some time ago from the rs Its
of the California Safe Deposit fC uany
and took them 10 New York TO deposit
them Bartnett. of course. denies such
thing, or that he has any knowledge
of the whereabouts of the securities, II
they really exist
/ But the collectors were ST sure tbs
were on the track ~ the treasure that
/ they got the Supren ,- Court I'll mission
to break open the box, and as soon as
the order was signed BY Justice Davis