The sun., 1909-02-21
URGED mrs. YERKES TO SELL
SHE SAYS OWSLEY WANTED TO
PART WITH PICTURES

And the FIrh Avenue Gallery In which
Thsy were Reconsideration That
Hc Asked for Per Cent. OF the Pro-
eeeds-w widow Criticises the Executor.
CHICAGO, Feb. 2O.-Mrs. Mary Ade-
laide Yerkes, much bored by the proceed
ines. took the stand before Probate Judge
Cutting this morning in the hearing Of
her petition to have Louis 3. Owsley re-
moved as executor OF the estate OF Charles
T. Yerkes. the former Chicago and Lon
don traction man. and told the Court
that there had been nothing but talk,
talk, talk ever since the death Of her
husband.
They have been talking for three
years,' said Mrs. Yerkes. -rve only been
able to get my widows award by dribs,'
she said a little later. -and every time
I'd ask Mr.. owsley for money he'd say
There isn't any
Mrs. Yerkes said she lost faith in Mr..
0wsley whom he wanted to sell the Chi
caso. Harvard and Geneva Railway for
5000.
Il told him that was a small amount
70 pay for a railroad she continued
HE said he would sell IL anyway. I've
mistrusted him ever since
Then again she was forced to listen
10 figures and business facts. which I
usually never do. she said. when Owsley
In order to raise q million and half OF
needed funds IL said 10 have asked her
TO sell her house and art collections on
Fifth avenue In New York and pay him
Q per cent. on the Transaction as his fee.
Il told him simply wouldn't do It., she
testified. Then he said II didn't give
him the per cent. he would blow me
higher than kite
Mrs. Yerkes looked heavy eyed and
tired and rather weary Of IL all. She was
on the stand from 10 O'Clock until li:So,
when she was succeeded by the only other
witness OF the day. President John NJ.
Roach OF the Chicago Railways Company.
who reluctantly testified 20 having acted
confidentially as q restorer Of peace Ibe-
tween the widow and her executor when
a settlement was desired by the other
heirs in the fall OF 1905. He assisted in
efIecting the compromise which led TO
the sale OF the New York house aud the
allotment Of the amounts due the other
heis
At the outset Of her testimony Mrs.
Yerkes told OF q conversation with the
executor as TO the proposed reorganisa-
ton Of the Consolidated Traction Com
pany.
"Mr. 0wsley told me the plan she said,
"but said that Attorney Clarence knight
objected 1t won't be necessary to keep
Mr.. knight as counsel he aesnred me,
for he win prolong court proceedings
indefinitely and charge you fee OF
sioo. 900 for II. Stick to me, he continued
and I'll stick by you
Mr.. Owsley. after the Chicago, Harvard
and Geneva Railroad matter. wrote me
several letters in which he agreed 10 con-
suit me in all matters before acting as one
Of the executors. often had to remind
him that vas one Of the executors Of the
estate too. and that had as much to say
about things as he did. He even wanted
10 Dt bOtG ttotutOt VI thC Cotato
-Once after ] had been III in my Chi
cago home he came to see me several
times on business matters. and then
wanted to charge me for the time he put
in talking 10 me. ! thought il very
strange and declined 10 pay.
After Mr.. Yerkes's death Mr.. Owsley
came TO the New York house. opened
my husbands private safe and took away
all the papers, and asked me never TO
say anything about il TO Mr. Serkes's
son.
Later he came to me and asked me to
pay him per cent on my widows award.
amounting to 81. 800. refused. because
didn't know he had anything to do with
the widows award"
Mrs Yerkes. do you want Mr., Owsley
removed as executor Of the estaieF'
counsel asked her
Il do she said
Under the cross-examination Of At
tomey ThoInen. Mrs. Yerkes admitted
that she had permitted Mr. Owsley 10 act
as sole executor and also as her personal
financial agent. He was named as ex-
ecutor Of her own will, and she also ad-
mitted giving him power OF attorney.
But he told me that the estate would
be wound up In three or four months
after his appointment. she added.
Did you consider yourself the owner
Of the New York house?' she was asked
why, certainly. she responded
President Roach said he had recon-
mended the compromise among the heirs.
III proyided for the sale Of the New York
house and the picture gallery. he testified.
Il called on Mr. Owsley in March or April,
1906 to discuss this plan Of settlement.
Mr.. Owsley told me he would not sell
the New York home and picture gallery.
Later he said he would not do 30 without
a per cent. commission. BY my
advice he reduced this to 4 per cent.
The hearing was adjourned, and will
be resumed on March ~. when II is eI-
pected that the taking Of testimony will
be concluded.