New-York tribune., 1911-02-17
RISKS HER OWN LEGACY
General ECkert'S Niece TeStifieS
in Favor of Son Who Fights Will.
OTHER RELATIVES FOR HIM
Cite Testator's Peculiarities-
Said He Owned Irish Lad,
Whitney's Famous Horse.

Members OF the family OF General Thomas
T. Eckert, whose will is being contested by
one Of his sons, were witnesses yesterday
in the Surrogates' Court. They were Miss
Mary Eckert and Stanley Eckert daughter
and son, respectively. of william III. Eckert,
brother OF the general; Mrs. Alice b. Ham,
lin. daughter of General Eckerts sister.
and Mrs. Avery Eckert daughter-in-law of
William II. Eckert. Their testimony all
seemed TO be favorable to James Clendenin
Eckert. the contestant
James Clendenin Eckert 3eeks 10 set
aside the will OF hs father on the ground
that he was not Of sound mind when it was
executed. about two months before his
death, and that the testator was under the
undue influence OF his younger son. Thomas
T Eckert. ir.. the chief beneficiary. and
Richard G. Page. jr. his secretary. Nester-
days testimony showed that General
Eckert was ninety-two years old when he
died.
While Mrs Hamlin was testifyinG Sur
rogate Cohalan asked her. did his acts
and remarks impress you as rational or IT.
rationale"
Irrational" replied the witness.
Before Mrs. Hamlin began her testimony
the Surrogate explained to her that she was
expected TO testify against her own inter
est. She receives 5000 under the will. She
said. II am here in the interest OF justice.
and understand that 7 will lose the legacy
If the will Is set aside"
Saws General Was Foreetful.
Mrs Hsmln said that General Eckert
was forgetful and that she had TO stir his
memory while she was speaking 10 MN.
Also she said that while he was talking
he would doze ofc. The witness said that
in the last three years Of his life the gen
ersl had difficulty in speech and hearing.
Mrs Hamliu said that Page told her that
the generals brother was using his Illness
10 get money from General Eckert. adding
we don't intend that he shall make any
thing out of it,.
Miss Mary Eckert testified that when she
visited General Eckert last July she had
much trouble In making him understand
her and that he had great difficulty IN
articulatlng She said the muscles OF MS
facs twitched Thomas 7. Eckert 1r, left
the table on that occasion, she said, say
ing. II can't stand this" She said that
the general had TO eat slowly. ana 'he
son sometimes became impatient with hinn.
Miss Eckert said she heard the son say
10 his father. Hurry up. T. T; We can
wait all day for you
The generals reply was: II can't help
IT. Tom. My teeth bother me-. and ! can't
cat fast
Miss Eckert told Of a conversation with
Thomas T. Eckert, jr.. in 1909. when the
son told her that he was having the Eek
ert home, at No $40 Fifth avenue changed
into a. business building. She asked him.
What will uncle think of that?" and he
replied. she said: "Oh. that doesn't matter.
can twist him around my fingers. have
got the old man right where want him.
Contradicts Pages Testimony.
The testimony Of Stanley Eckert. Cen
eraI Eckert's nephew. contradicted that Of
Page his secretary, who had testified that
General Eckert had spoken only TO him
about his will and had enjoined him not TO
talk to any one about it. the witness said
that on a visit TO his uncle ir 1901 the gen
eral said: Stanley, I've mane my Will, and
have provided for your father" In the
last will made by General Eckert he left
& coo 10 his brother.
In the same year, the witness said, Cen
eral Eckert told him he had an offer for
long lease of No. 5i9 Fifth avenue. but
did not want to accept II because IL would
be unfair to his heirs to tic up the estate
for SO long a period. on one occasion. said
Eckert, Thomas T. Eckert, jr., objected
when his father was about 10 take
drink. whereupon the general said: by
God, I will drink as much as I like"
Eckert said that T. T. Eckert jr.. said
to him in 1907 that he was not going ITO
break even With his brother. James Glen
denim Eckert. in his fathers estate, that
he already owned Carlton Terrace, one of
the buildings on the generals summer
estate AT Elberon. y. j.. and that he was
going TO get more than his brother. Mrs.
Avery Eckert said on the stand that she
had heard Thomas r. Eckert. jr.. boast
of his influence over his father.
Thomas Reilly, General Eckerts nurse.
finished his testimony yesterday. He said
the general told him he had bred the
famous racehorse Irish Lad and sold him.
The nurse told his patient that he was
mistaken. Surrogate Cohaan asked Henry
NJ. Earle counsel for the contestant,
whether that proved that General Eckert
was incompetent. MIR. Earle replied that
It did not in itself. but that he would prove
thst General Eckert never bred or owned
Irish Lad. That horse belonged 10 the late
William &. Whitney. Reilly reminded Cen
eral Eckert that there was no record that
showed that he owned the horse but the
general insisted.
He also said that he had taken the poles
down along Broadway when the conduits
were put in. Reilly disputed that with the
general, saying that it was Mayor Grant
who did IT. hut the general woultl not bavo