The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-12-22
WILL WAS IN COURT; MISSING
CURIOUS DISAPPEARANCE OF
DISPUTED DOCUMENT.

Supposedly IN the Clerks Custody on FRI.
day. Conc ON Monday. Win Certfnes
CeVy-Jury DtsaGrees In the Case,
which Proceeded Mithsat Pnpers.
After the jury disagreed yesterday in a
will case on trial before Supreme Court
Justice Erianger 1t became known that
the original W ill under dispute and all the
filed papers relating TO the probate OF the
will In the Surrogate's Court had dis
appeared " lille the trial Was on. A certified
copy OF the will ID also missing and IL w a.
the opinion OF lawyers yesterday that il
would be difficult to prepare an appeal In
the case without the missing papers.
The will was that OF Anna NJ. Clark I.
who died ON December Q. 1909, after an
operation. The day before the operation
Mrs. Clark made a will in which she left
the residue OF her estate. valued at $40 900.
To her cousin, Maurice Fitzgerald. an
employees In the Custom House Mrs.
Clark left 500 to Bella Coleman. who had
made her home " it'll MIS- CLARK for some
years.
When Fitzgerald offered the will for
probate another Maurice Fitzgerald
who had married Miss Coleman but was
not related 20 the prepayment of the will
objected. He alleged that Mrs. Clark had
been addicted % drink and that her mind
was affected. The Surrogate admitted
the " III and suit was then brought by the
contestants in the Supreme Court.
The case went to trial last Thursday
hefor. Justice Erlanger. with T. A. Mo
Grath appearing for the prepayment
IA I,
,estant. Congressman Mchssl +. Conry
tried the case for the proponan
Mr.. Dobhs said yesterday that last
FRIDAY night when an adjournment
was taken to Monday he asked Alexander
B. Macdonald. the clerk u the court.
for permission to keen tn. flied u4pars
from the Surrogats's Office with him over
Sunday in order to inspect them In
addition to- the original will and the copy
these papers included power Of attorney
Mrs Clark had Civ en- Fitzgerald and the
ret!tiQn for the probate az the will. The
clerk told MIR pobhs that the papers
would have u remain IN tn. CLERKS GUS
tosty heoa Is@ ne WAS responsible for Jheiil.
Mr.. Dobbs said that he then handed
over 20 the clerk tue green bag continuing
his own papers. ana suggested that the
NondIy. The clerk took tho bag con-
tanning all the papers. Mr.. Dobt,- said.
and locked It w IN 81 closet IN the court
room.
when the case Was called on Monday
morning and a call was made for the
filed payers they were missing. although
the green bag was there with all Mr.
Dobt,s's papers MIR Dcbb- told Justice
..rlanger Of his conversation with tn.
clerk and said that he took NO papers
away.
When the Court Questioned Mr.
McGrath he said he didn't remember
mixing the filed papers zap with his own
papers. and be telephoued his office to
see il they had got 70 his office in SOME
way. 4 search Of the Office failed To
reveal them. The Court then directed
TINT every effort be made 70 find the
papers and ordered the case TO proceed
without them.
A result the jury had 10 consider
the case without the important exhibits
and counsel for the prepayment said YES
terciay he believed this had something
q do with the jury = failure To agree.