New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-02-07
ATTACKS ECKERT WILL
Elder Son of Former Western
bUnion President Begins Contest.
ALLEGES UNDUE INFLUENCE
lawyer Says General Practically
Cut Off Contestant Because
Il Was His Wife's Wish.

The contest Of the will Of General Thomas
4 Eckert, former president Of the west
ern Union Telegraph Company. came TO
trial Yesterday before Surrogate Cohalan
General Fckert died on October o. leaving
the greater part OF his estate, valued al
from $4,000 TO 100000 to his second son.
Thomas T Eckert. jr. To his elder son.
James Clendenin Eckert. he left $4,000 and
life interest in 10000
The latter has brought the contest on
the ground that his father was OF unsound
mind when lie made his will. and that
undue influence was used on him while he
vas in a state OF testamentary incapacity.
The will was executed by the testator less
than a month before he died. The con-
ltestant alleges that his brother and r. G.
PAGE, his fathers secretary, had Influenced
rim.
The only testimony offered yesterday TO
show that General Eckert was irrational
was given by James Miles. who was gen.
eral utility man at the house Of General
IL kert and was one Of the witnesses OF
1.-THE Will lie was called as a Surrogates
witness.
! John G. Ennever the lawyer who drew
l,IJ. the will was certain that the testator's
,Inind was clear. In answer 10 question
whether he did not make inquiry why the
general was leaving more 10 one son than
10 another. the lawyer said his client had
,oXplaired in his will that ii was done at
the request Of his wife who is now dead.
Tho witness also believed that another rea-
son was because the elder son was not a
good manager and at the time was in fnan-
6ial difficulties.
Mr. Enncyer said that he drew the VIII
,6rom data given him hy Page He took
the instrument 10 General Eckert's country
home. at Elberon, y. j. where It was
'sicned. Thomas =. Eckert jr., said En-
never vas not present when the VIII was
sicned. PAGE was present. He was certain
that the testator was not under restraint.
he having commented on several provisions
~ tie will while It was being read 10 him.
Tho lawyer said that when he called the
generals attention to the $4,000 fequest 10
lis elder son. telling him that If the young
yiar had any creditors they would seize on
this money General Eckert replied: That's
sH right II Ie owes them money they
a. eht to get il.
When Miles vas ON the stand Henry NJ.
Earle counsel for the contestant. asked
him whether he always found his employer
Inc "a me lNeDldllA. l't lsdlCCy -N'N'i'' WV
appears for the proponent. objected 10 this
question. the surrogate sustaining the OBJ
. lection Then counsel for the elder son
asked Miles whether he had observed any
change in General Eckert to which he re-
piled in the affirmative. on another obJec-
lion by Nicoll, the question and answer
were stricken out,
Miles went on 10 tell about an incident
An the ssth street home. where General
Eckert did something that the witness
Thought was "a foolish thing to do Miles
also said the general was forgettul lie
added that General Eckert did not get out
Of his bed during his last illness. during
which period he signed number OF papers,
Including a power Of attorney brought 10
i'm by Page.
Miles told about an, hallucination that his
employer had on one occasion about being
ON a boat. "He asked me if all the girls
were aboard" said the witness. he
wanted to know what floor he was on on
The boat and when it would arrive IN
Washington he wondered why the BOAT
did not land and why he was put ABOARD
Tho witness said these conversations were
vent I'M bv General Eckert throughout his
fitness. Also he said that the sick man did
not know persons who came into the room.
Earle then came down TO the time the will
vas signed. Miles. testified that Page as
su-ed the tcstatcr that "eyerything's all
right
continuing. Inc said that while the will
vas being signed Thomas T. Eckert Jr"
called i'm through the open window, Hurry
,p =. T.. Mr. Ennevcr wants to get through
mat busincss AND catch a train Miles
oou,d po, ssv Whccher General Eckert was
.f sound mind when he signed his Will.
When Mr.. Nicol began his cross-eNani-
nation. nc .hoVed an affidavit 10 Miles
which ho ,iened ~ the time the viii was
.,c,wed. ian which the latter said that the
General was of sound mind and not under
rcetrairt. Miles said that he did not swear
e. that statement.
{, developed m the cross-e Examination that
Miles obtained his job through tho brother
81 Miss Minnie ttgan. The latter was the
houackcepcr i'm tNe Eckert house. and I'm
40, mber married Thomas T. Eckert j..
she was in court Yesterday dressed in
mourning
Tic case Will eo.ou to-day.