New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-02-10
TWOECKERT WILLS, MAYBE
Guardian for Granddaughter
Tells of Prior Testament.
WOULD BENEFIT HIS WARD
Generals Secretary Says Only
One Will Was Drawn-Stress
Laid on Fall of Testator.

If The statement Of one of the counsel
yesterday in the trial Of the contest Of the
will Of General Thomas T. Eckert, now 60
ing on before Surrogate Cohalan, that there
IS another will in existence develops any
thing there is likely TO he new complica-
tons in the case The statement was made
Nv Mr.. Ward who appears at the trial ny
virtue Of his appointment AS guardian OF
Miss Joanna Eckert, daughter Of James
Clenden:n Eckert. the elder son OF the tes-
Iator. who is contesting the Will several
times Mr. Ward has taken part in the pro-
oee6mes that rave been going on all week.
r. g. PAGE ir. formerly secretary 10
General Eckert. was on the stand all DAY
Hesterday When the testimony turned TO
tho disposition by the general Of Carlton
Terrace which was part Of his summer
estate At Theron. n j., and which he left
10 Miss Joanna ECkert, Mr.. Ward tried 10
take part in the examination on this point,
Y n. rcuron Surrogate Cohalan told Mr..
Ward that he was in court to protect the
3ctcrests Of Miss Eckert which he was not
,oiuc when No sought 10 break down the
Will "Bcr interests will he, upheld IL the
wa is urhcij." said the Surrogate. land
Hcu ,houId rcndcr no aid to those who are
C!i0e 90 break tho will down.
Heard Of a Prior Will.
Ti~n Mr. Ward sprans this sensation.
'Ttat rs true. your honor" lie said. "but l
,.r6o,. tard That there is prior will in OK
Sslcroc hy which my ward would receive
2 r5uch larger share than ny this one. !
I'm caijbly informed that there is such a
WI /, chat viii should be upheld instead
q. tlrs enc my ward vould not lose.
Page who attended 10 the drawing w Of
IN, will now being contested. has said that
ih,Je was ro other viii. But II the last
vii .rculd De broken and the prior viii re-
I.licd to ny Mr. Ward is produced and ad-
,1i.isi to probate. it might make great
difference in Ulc disposition Of the estate OF
Corcral ;cScrt
mother poin. That may nave an impor-
t@ot hearing OF the case when the testimony
of rfl eciars VINO treated General Eckert
: ,.Ecu VAS brought out by Henry NJ.
l&Ilo. counsel for the contesting son. He
g>k0d paCe whether General Eckert had
.uregcd another accident than the one al
icad" told about when he wrenched his
pnklr Page said that the general did have
smother accident. lie believed it was in the
sptnc of 1909 While going down the
stops Of his seth street house General Eek
e., fcl, Gown several steps and struck his
lcaG on the walk. lie got a scalp wound
which confined him to bed for period that
Iace said was about q week. The contest
fnt is trying 10 prove that his father was
not Of sound mind when he signed his Will
end this incident was brought out TO sup
Icrt that contention. Page said that the
fan did not affect the generals hearing, nor.
So far as he knew, did il affect him in any
other way.
Page told again about the determination
~ General Eckert 10 leave a greater share
Of his estate TO his younger son, Thomas
y Fckert. ~. The tcstator did give the
Younger son the bulk Of his estate. leaving
T. James Clendenin Ecloert, the elder son.
who is contesting, $4,000 in cas-! and a life
interest i'm 100000.
The witness said that he argued with the
general ia give his elder son a greater share
than he had decided upon. but the a'su-
uents had no effect.
Refused to Aid the Son.
The general told me said Page. That
re intended to place the bequest for his son
Clendenin in trust lie said that he feared
that if 10 save it TO him outright 1t would
le dlsspated.
u 'old him though, he ought TO give
fiS son quite a large sum in cash. because
" had been in financial difficulties, had
dents and needed ready money" Page
added. - suggested that he give him about
100000 in cash. The general said that he
would do nothing Ct tire kind and after a
good deal OF discussion back and forth he
said that lo would give him $50.ooo and no
more.
General Eckort told his secretary 80 fiji in
500 uan as tle amount ot the trust fund for
1is elder son and would not WELD TO the
further Urging OF Pase According 10 Page
)o said Ho considered IL enough. saving
- want Cicndenin 20 live more modest
ifc and 10 give Nh his Yachting and attend
10 business" ~ the same time General
Eck~rt tod pace to I'll in $4,000 for his
brother. William ~. Eckert He said that
lc wanted 90 give his brother enough for
msclf hut not for his children.
The witness said that the general fire.
ouenuv told momhorS Of his family that he
vas short II funds The Gaze VIII 10 on
to-day.
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