New-York tribune., 1911-02-22
MISS ECKERT TEST|F|ES
Will Lose Big Legacy if Fathers
Contest Is Successful.
QUESTION AS TO EVIDENCE
Surrogate Says Her Guardian
Should Not Have Been Suggest
ed by Contestant Lawyer.

Miss Joanna Eckert daughter OF James
Clendenin Eckert. who is contesting the
vii, Of his father General Thomas T.
Eckert. former president Of the western
Union Telegraph Company. was WITNESS
yesterday before Surrogate Cohalan al inc
trial of the contest Miss Eckert' IKE
some other witnesses who nave testlned III
favor of the contestant, will be loser IL
the will is upset. She has more to lose
than the others who have expressed the"
willingness to sacrifice their legacies' lor
General Eckert left a trust fund OF Sloo'o"
which will eventually 20 TO her ana
house. Carlton Terrace, at Elberon, ~ D.
valued at $4,000.
But Miss Ecker who is pretty girl
Of seventeen years. understood all. ana Ne'
was ready to give testimony tnat might oe-
prive her of this fortune 10 help her father'
However, there was "A suggestion IN the
testimony of Miss Eckert and OF Henry NJ
Ward. a special guardian in the proceed
ing that there was some discussion about
Miss Eckert being indemnihed In case the
will was broken. and this testimony led To
= till between Surrogate Cohalan and
Henry NJ Earle. counsel for :he contestant
II developed that the youns woman had
selected Mr. Ward as her special guardian
on the suggestion Of Mr.. Ea,le. counsel for
her father. Surrogate Cohalln. showed Miss
Eckert an affidavit which she made and on
which the special guardian was appointed.
in which she swore that no one had in
huenced her in the selection. Miss Eckert
said yesterday that Mr. Earle had recon-
mended Mr. Ward.
l. .
did I not tell YOU that you had right 10
select YOUR own guardian when the court
appointed a man you had never seem"
Miss Eckert said that was so She also
answered affirmatively when Mr.. Earle
asked IL he had told her that nc would in
troduce her 70 several lawyers from whom
she could select her guardian.
Did he introduce YOU to any one hut Mr..
Ward asked the Surrogate.
NO, sir" replied Miss Eckert.
Mr.. Earle brought out that tho witness
was under subpoena and had received wit
ness fees.
Delaney Nicol counsel for Thomas T.
Fckert. jr.. the chief beneficiary under the
will. interrupted, saying Does it not ap-
pear that the special guardian has made an
agreement with the contestant practically
UNDERWRITING this witness in case she loses
her legacy
1T could not be much palmer said Sur
rogate Cohalan. unless she had been paid
in advance. Furthermore. it bears a very
strange conStruction when counsel for the
contestant picks out the special guardian
for this infant"
But the court picked out a man she had
never seen before" interjected Mr.. Earle.
''and / think have as much right .
He got no further. the Surrogate inter
rupted with you think YOU have as much
right as the court The court has the right
Of appointment
NO. sir" replied Mr. Earle. but | am
willing TO stand by what have done"
at the request OF Mr. Nicol. interruptins
for the time the testimony Of Miss ECkert
Mr. Nicoll asked the guardian il he al
lowed his ward to go into conference with
Per fathers lawyer Nj Wards answer
was that he did not go into the conference.
but he told Miss Eckert he saw no reason
why she should rot 20 on the stand and
tell the truth. Mr. Nicoll wanted to know
whether Mr.. Ward had arranged any pro-
vision for Miss Eckert in case the will was
set aside He said that he had several con-
ferences with the girls father. and the
matter was brought up.
The guardian said that he had declared
that. in his judgment il was inedvisabe