New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-03-08
ECKERT WILL DEFENCE IN
Principal Beneficiary Rebuts Un-
sound Mind Testimony.
LAST MOVE IN BIG CONTEST
Director of Catholic Charities
Here One of the Witnesses
Of the Day.

The defence by Thomas T. Eckert. jr.
Of the will OF his father. General Thomas
T Eckert, OF which he is the principal
beneficiary. was begun and finished yester-
day before Surrogate Cohalan, ii being the
last move in the contest brought by the
testator's other son. James Clendenn
Eckert.
Defiance Nicoll. counsel for Thomas l.
Eckert. ir.. moved for the dismissal OF inc
case. The Surrogate denied the .motion'
but reserved decision on the case.
For two weeks the contestant introduced
evidence through relatives and other per-
sons who knew General Eckert to sho"
that he was not of sound mind In the isst
wears of his life and had been under the
influence Of his son. Thomas 7. hcKer''
ar The latters counsel was content 10
make only a perfunctory rebuttal OF the
mass of testimony piled up In favor OF up
setting the will. which disposes Of property
valued a; about 100000 The most inter-
esting testimony Of the day was given oy
the Rev. p J. Mcmahon. director OF Ca'n-
Ollie charities i'm this city who had kho"h
General Eckert for fifteen years before MS
death I'm October Father Mcmahon toiu
Of visiting the general on two occasions
az late as August al the latters summer
home nj EIberon. y. J.. where ne hdd
luncheon and talked on a variety OF SUD-
iects with the general. At these tunes,
said the witness. General Eckert talkeu
coberor,Iv and all of his actions were
rational General Eckert told Father NC
Mahon that he had advised AhuIeN
reoie ~ invest in standard Oil. ana mat
he regretted having given TINS ADVICE '
cause the stock had gone down
He said that he knew that ne had give"
bad advice and he was sorry lot IT, S'''
the witness. ..r,o
4 dis,l .sion of wireless telegraphy Cdl''
ND and General Eckert, who had peeh
later becoming president u
tho Western Union Telegraph Connp"hS'
oave his oxpert view that wireless teles-
rarhy would be wholly successful
The general was told that wireless mes
sage had been sent from an alrshlp' anu
he said that he was the first man To So''N
a message from a balloon. This was dur
inc, tbe civil War. when he told the posi-
ton Of the Confederates from the balloon
II was an experiment in which FreSlueh'
/ lincoln was much interested.
ON August 2S. when Father Mcmahon was
o, ITO generals home. the announcement
was made Of the engagement OIL '"oii'aS
r Eckert ir. TO Miss Minnie Egan' Inc
at the Eckert home ana 'ne
witness said that General Eckert Jolhed III
the toasts in honor of the occasion. Falher
Mcmahon said that Thomas I. Echer'' j.
Nod taken deep interest in church WORK
General Eckert was married twice his Sec
ond wife being a Catholic, whereupoh ne
too. embraced the faith
Harry Williams. a clerk in the once VI
Thomas C. Ennever. the lawyer VINO are"
the contested will said that James Miles,
the Eckert houseman. who acted as one
Of the witnesses Of the will. had sworn be
fore him to an affidavit that General Eek
crt was Of sound mind and free OF re-
straint when he signed his will. Miles had
said on the staod that he had never sworn
tn the affidavit introduced by counsel for
Thomas T. Eckert. jr
Richard c. Page, jr.. General Eckert )
secretary. who made tic draft for the VIII,
also was a witness. lie, too Is mentioned
as one of the persons who used an undue
influence over the nonagenarian tcstator.
PAGE denied the testimony Of Thomas Reil-
~, the seneidl = ""'''' ''"' nv WV '''
that he was not competent TO make a Will.
lie also contradicted the testimony given
by the nurse. that he had said that II was
difficult to get the general to make will
that would pin James Clendenin Eckert
down so that he would not fight the instru-
ment
William II. Eckert, brother Of General
Eckert. testified in the case that Page had
told him that when the general died there
would be merry hell" between the two
sons. Page said that he did not make such
a remark.
Margaret OConnor. servant in the Eek
ert home said General Eckort ate with a
hearty appetite.