New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-12-16
.ECKERT WILL SUSTAINED
Generals Elder Son Fails in En-
fort to Break II.
ALSO LOSES HIS LEGACY
Former President of Western
Union Telegraph Co. Tried to
Guard Against Contest.

Surrogate Cohalan rendered his decision
/. yesterday On the contest over the will OF
General Thomas T. Eckert, former prcsi-
dent Of the Western Union Telegraph Com
pany, sustaining the instrument and de-
claring the testator mentally capable and
tho Will his free and unrestrained act
The. contest TO set aside the will on tho
ground Of fraud and undue Influence exer-
ciscd by his younger son, Thomas I. Eek
ert IT,. and his secretary, Richard q. Page
ir., was brought by James Clencenin
Eckert the generals elder son, who re-
ceived much smaller share Of the estate
General Eckert died October o. 1870 ~
Elberon, y. J.. his summer home II was
estimated that he left about s2nH."p. sur
rogate Cohslan wrote IN his decision:
I'm fact none Of tho witnesses testified 20
ANYTHING which would lead me 20 believe
otherwise than that testator vas Tor one
u his age a man OF unusual mentanty,
capable I'm all respects 20 understand ths
nature and extent OF his property, and ne
duty toward the various members or MS
family, which none OF his reiativcs eeeI
seemed 10 have questioned when there was
an opportunity or appealing 70 ms SeneI-
osity but which, according 10. their ideas,
seems only 70 have failed when no neg
lected IN his Will 10 continue toward tnem
the bounty he had exercised In his ntetime.
claimed by contestant 10 have been exer-
cised BY the son, Thomas I. Eckert, 1r., -
so tenuous that do not consider " worthy
20 be dignihed By q discussion tne!eoi'
General Eckert lett the greater. psrr OF
his estate TO his younger son, making him
the residusry legatee Of his personal ana
real estate. To James Clendenin Eckert.
his elder son. and the contestant OF the
will the general gave 5000 outright ard
created q trust fund OF $1,000. To Miss
Joanna Eckert. daughter OF his elder son,
General Eckert gave his Elberon honss
known as Carlton Terrace. This property
has been valued at $500.
In bringing the contest Of his rather .
will, the elder son hazarded his Legacy from
his father against the possibility Of break
ing down the instrument, for General
Eckert stipulated that any person who
contested his will was to be cut of without
ANYTHING. Miss Eckert also stood 10 lose
the legacy from her grandfather BY the
,nyalidating OF the will. II was said at ths
time Of the trial that she would lose tbs
legacy in either case under tho stipulation
~ the grandfather about contest bns
Miss Eckert. who * an infant under tho
Iau cannot be held responsible for tho acr
sustaining Of the will. II was intmatea
that d promise Of indemnity had neen manS
to Miss Eckert IN case she lost. her iegac.'
General Eckcrt executed his VIII August
90. 1910, two months before his death. 10
was drawn by Thomas e. Ennever and his
Younger son was one OF the witnesses. ls
was brought out on the trial that Mr.
Ennever was not known 70 General Eckert.
and other attorneys with whom ne naa
dnno bnsiness were not brought in 10 draw
the will 81 IT, ,oaf
forrnalities I'm the execution OF the VIII
Syrrooate Cohalan placed much credencs
IN tho testimony OF Mr. Ennever: The
! lawyer testified that he drew the VIII from
memoranda given him by Page, secre,
tarv of General Eckert. The. will was read
to to- the teststor in The presence OF; OF Mr. Mr.
Ennever. and he declared y carried ouS
| his wishes. Then General Eckert slglleo
| the will i'm the presence OF the witnesses
and declared the document TO be nus WIZ