Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-11
CLAIM AGAINST HOE
Woman Alleges Contract With
Late Press Builder.

NEW YORK, May 1.-THE art coliec-
ton of the late Robert Hoe may have
| to be sold to pay the demand Of wom-
an who took a gamble on the great press
builders life. This statement was made
in the surrogate's court yesterday by
counsel for F. w. II. Crane and Phineas
p. Chew, executors for Mr.. Hoes will.
After hearing argument Surrogate
Thomas decided to throw the case into
the supreme court for settlement. The
| matter came before him on motion to
! compel the executors to put the *l0,WU1
! claim of Mary Johnson Brown Johns on
the schedule of Mr.. Hoes debts to be
paid before any of the legacies under
the will. Issues of fact We're raised in
! the argument between counsel, which
Surrogate Thomas said would have to
be settled in the supreme court. and he
refused to grant the motion. A suit is
| now pending in the supreme court.
Executors Without Funds.
THE executors have no fund to meet
this claim" said Edward J. Pringle. their
counsel. They would have to sell the
valuable art collections of the testator
to meet it if it were established.
Messrs. Phelps & East. counsel for Mrs.
Johns. who lived at 3S Brunswick square.
London, England, submitted formidable
British legal document In support of her
claim. 1t was bond drawn under British
legal form, signed, sealed and executed
in the Office of Harold Burns Hopgood of
the firm of Hopgood & Dawson, solicit
tors, II Spring gardens, Westminster. 1t
is dated July 8, 1908. Mr.. Hoe died III
last December.
The document recites that the day in
July. 1908. on, which it was drawn. and
on previous dates, Mrs. Johns. who was
then the widow of Lewis Brown and
signed herself Mary johnson Brown, had
turned over to Mr.. Hoe various stocks
and bonds of the Hoe Company which
She had in her possession. How she ac-
quired them the document does not say.
In return for this reconveyance to Mr.
Hoe lie agreed, according to the docu-
ment. that she should have 930Oo0 Eng
lish money ($15O.O0O) at his death. This
agreement that she should have a claim
against his estate, however, specifically
provided that her claim should lapse with
her death, and that in case Of her death
before him her heirs could not collect.
The instrument also provides that Mrs.
Johns should not assign her claim to a
third party.
Under English Law.
Among other provisions in the instru-
ment is one that it shall be construed
according to English law. The executors
in their pleadings attacked the instru-
ment as IAN attempt at testamentary dis
position" in a document which is not a
will nor a part Of will. American prec-
edents, said Mr.. Pringle yesterday are
along the lines of the Connecticut deci-
sion in the sealed letter case. in which
the Widow Bennett was able to prevent
William Jennings Bryan from collecting
$50, 600 ordered to be given to him through
instructions in a sealed letter. In the
Bennett-Bryan case the sealed letter was
mentioned in the will
Mr. Pringle told Surrogate Thomas yes
terday that the executors had sent man
to England to investigate the claim of
Mrs. Johns, and that they had found no
ground for the assertion in the document
that Mrs. Johns had returned bonds in
exchange for the chance that she might
win s15O.OO0 by OUTLYING Mr. Hoe.
Other Claims Probable.
1t was implied Yesterday that Mrs.
Johns had in her possession in London
other documents providing further pay
ments from the Hoe estate to her These
documents were said to be in the posses
sion of Solicitor HopgOod, to whose Office
Mr.. Hoe and Mrs. Johns went to have
their indentures drawn in legal form.
Nothing could be learned yesterday con-
corning the contents of these other docu-
ments, counsel for both sides concealing
their provisions.
When Mr.. Hoe died he left a widow.
Mrs. Olivia P. Hoe; three daughters Mrs
Olivia p. Siade, Mrs. Laura Carter and
Mrs. Ruth II. Sterling: two sons. Robert
and Arthur 1. Hoe. and four grandchil-
dren, Thyrsa Benson and Samuel. Rob-
ert and Ellen Jane Evans. Robert Hoe
4th. and Arthur Hoe had been trained
to manage the business which Mr. Hoe
left. January II last Supreme Court
Justice Amend approved q plan to re-
organize Robert Hoe & Co. to keep the
hIY IJno 70 ;Ix