New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-03-29
.D9DCE'S WILL IS UPHELD
Son and Daughter Of General
Lose Case Before Cohalan.
MADE FIGHT ON TRUST FUND
Surrogate Decides Gift to Char
ity To Be a Valid Testament
arv Disposition.

Surrogate Cohaian handed down de-
cison yesterday UNFOLDING the Will OF cen
eral Charles Cleveland Dodge banker
member OF the Chamber OF Commerce ana
president Of the New York and Boston
Cane cod Canal Company. wherein the tes-
tator created a corporation for the care OF
a trust fund Of canal company securities
,s,ima,ed AT a value Of $4,000. the income
from which vas 10 be paid 70 severa ci'aT-
table ana religious Institutions "iich Cen
eral Dodge designated.
Re made his will in November. 1915 Win
ou, legal counsel and when the VII was
fled in SovenUeT last. shortly after MS
death. Charles S,sar, Dodge. his son. ana
Mrs Ethel Cleveland Sanger. his dauShteF'
wife Of Cc.onel william cary Sanger Tor
mer Assistant Secr.ta-y Of War. opposed
the CARRYING out If the trust provision
The son. said IN his objection that "heh
his father made his VIII tie trust that ne
STIPULATED included only part Of his prop
.rtv. but mat since the execution ot the
instrument tho condition OF the estate mao
~ changed that the FUND would constitute
the bulk Of the estate and possibly al OF
4 II sffer the payment Of General Dodge
debts and the expenses Of proving the VIII
General Dodge. Who "as seventy year
OLD when ne did. had been member o.
the firm OF Phelps. Dodge 81 Co. oanhe's'
and was brother OF Arson ;. T. Douse
AMI tho Rev Dr. H. stuart Dodge. lie
rrovided that tho corporation for the DIS
trihution be formed in the lifetime OF MS
son and daughter. and was 20 be known
bv some short simple mp~rsonal name
The full income of his cana holdings was
70 be used FOR the furtheranoe 81 Chrlstlah
work ia the world" He designated as
bane0ciaries under this fund the Aged ana
Disabled Ministers Fund. Lincoln Hospital
for Colored People Margaret Srachan
Home. syrian College. at Beirut syria:
searan's Friend Society Bovery Mission,
New York Christian Home for inebriates'
American Sunday Union. New York branch
some channel for the spiritual care OF the
American Indians and the Protestant bioie
Society.
General Dodge was careful in Ills VIII 20
exclude his carsl holdings from MS o'heI
beouests. To his wife. Mrs. Mary Schiet
telln Dodge. he left half OF all Other prep
ertv that he owned, and to his son ana
daughte- one-quarter each. Mrs. Dodge
died before her husband. and her share of
tho estate fell n her children. General
podee said in his will that ne and his VIE
lad long wished 10 make some special pro-
vision. however limited, but 10 the best
Of our ability. FOR carrying on certain cnar'
table work in Christ name not only dur
Ing our lifetime. but after.
Tr asking for the construction OF the VIE
Nv Surrogate Thomas, tho son and daugn-
ter of the testator said that trey RAD n
desire 20 defeat its provisions. but the tac'
that IL dlspos ed 10 charity moro than the q
per cent permitted by law might make II
invalid After the death o, Surrogate
Thomas The viii was given - Surrogs''
C.Chalan for his construction.
General Dodge had promoters CONTRACT
with the New York and Boston Cape Cod
Canal Company. the value OF which va:
largely contingent on the plan o. reorgan
ization II the plan succeeded the estat'
holdings would be worth $4,000 and II tn'
Man failed the value would 81 probiemat
zeal
Surrogate CohaIan said IN his decision
that the gift % General Dodge vas valic
teetamentary disposition. and that there
vas no doubt OF the power OF the Legs
lat,ire 70 create such a corporation as ~
suggested Whether the git involved 4
disposition Of property by the testator L
excess Of that permitted by law, said tn
Judge. could not be determined in The pro
ceediue before him.