Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-02-17
FRAUD CHARGE IN
WILL FIGHT FOR
$4,000 ESTATE
Manhattan Doctor Makes Sem
satiOnal Accusations Against
Niece, Heiress to Property.

By the filing today in the Surrogate's
Court of an appeal from the decision
admitting to probate the will of the late
Lufanny II. Cooke. who resided at g.
Osborne terrace, there was opened what
promises to be a long and bitter fight
over the $4,000 estate left by the de-
ceased, in which serious charges of
fraud and undue influence of a some
what peculiar nature are made by DR..
Frank W. Smith. practising physician.
of 141 East Eighteenth street. New
York city, who is a son of Mrs. Cooke
by former marriage.
Mrs Cookies second husband was con-
sidered to be wealthy. having consid-
erable money invested in various rail-
road stocks, all of which went to the
wife at his death. Mrs. Cooke died
August last, leaving, besides Frank
another son, Minos, who lived with his
family at the Osborne terrace home. To
a granddaughter named Rosabelle Shep-
herd she left $1,500, to another, Harriet
Pearl Smith, $100. Minos was disinher-
tied altogether, while Frank was given
$1oo.
All the residue of the estate however,
was left to Mrs. Lufanny E. Hollins-
head, daughter of Minos, and who
had been a favorite of Mrs. Cooke since
infancy.
DR.. Smith was in town yesterday to
sign the appeal, the time limit for the
filing of sa me expiring today. In
speaking of the contest he said there
had always existed good feeling be-
tween himself and his niece until a
short time ago when she was visiting
him. During conversation something
was said by the niece which seemed
suspicious to him, and he therefore
consulted Lowy. Lowenstein & Leber,
of this city, who advised him to file
the appeal.
Il never knew until after my
mothers death that she had conveyed
the Osborne terrace home to my niece;
in fact, none of us did until the deed
was filed. None of us knew of the
will until it was filed in the surro-
gates court. And as for this John J.
Freschi, the New York lawyer, who
is named with my niece as executor
and trustee of the estate--why, none
of us ever heard of him before, and as
for my mother, I am positive she never
laid eyes on him until the time he
signed the will. There are other mat
ters connected with this affair that are
very funny to me, but I dare not
mention any of them until the time of
trial"
A visit was made to the Osborne ter
race home this morning by a STAR
reporter in order to interview Minos
Smith. He is an invalid, having been
sufferer from locomotor ataxia for
twenty-seyen years. Mrs. Hollinshead
who was said to be living with her
father, was not at home, it being
| stated that she was In New York on
business, which frequently calls for
long trips.
Mr. Smith was loath to make ANY
statement about the affair, seeming to
think the matter did not call for any
publicity whatever.
II cannot say that we did not know
of the will and deed until they were
| fled" he said. 81 knew of them; in
fact, I thought all of us did; but it is
| probable that Frank didn't, because he
lives in New York L suppose my
| daughter came in for the majority Of
my mothers estate because she was
always with. her. 1 guess the reason
| that Frank was not left more was be-
cause my mother furnished him with q
| splendid education, and, besides, fur
nished him with a stake to go to the
Klondike during the rush."
| Speaking of the Klondike trip, Mr..
Smith related that his brother was a
half-owner of a mine that was very
| profitable for long time His partner
sold out for $150,0O0, and Frank tried to
sell his share to the same man, but
the latter had only $4,000 available to
offer. Frank held out for six months
for his original figure. but an end was
put to all negotiations by the mine
running out. Thus Frank came back
from the gold region poorer than when
he went, and this did not please his
mother
/ 1t is said that Mrs. Hollinshead and
/ Freschi, the other executor, have been
/ freo1tentIv seen in each others con,