New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-07

Continued from hrst page.
two months after the murder. and she
died two years later. Her nine nephews
and nieces, led by George I. Malcolm,
sued shortly before her death to have
the proceedings by which Gibson had
obtained possession OF the property Set
aside by the courts as fraudulent. The
trial lasted twenty days. before Justice
Vernon NJ. Davis, who reserved his de-
cision, and Mrs. Stenton died before
he handed It down. This caused mis-
trial, and everything was tied up.
Alleged Copy Of Will.
The situation then was that only the
administrators or executors OF the es-
tate could bring a new action against
Gibson on behalf Of the heirs. Malcolm
applied for letters of administration,
but this move on his part was met by
Gibson with an audacious bit OF
strategy. He brought forth a docu-
ment, which he said was q copy OF
will executed by Mrs. Stenton In 1904
on the versnda Of her home. 1t was
witnessed, Gibson said, by himself and
wife. This instrument made the de-
ceased Mrs. Kinnan the heir OF prac-
tically all her mothers property while
"our dear friend, Percy McElroy," was
made residuary legatee. Gibson him.
self was named az executor.
This gave rise to complicated stu
alton. Since only the executor OF ad-
ministrator Of Mrs. Stenton's estate
was legally competent to sue again in
behalf Of her heirs to have the parti-
ton sale by which Gibson obtained
possession Of the property set aside,
Gibson himself, II the will was valid,
was the sole person in a position ID
prosecute the claim Of Mrs Stenton'e
estate against himself In other words,
he would, II he carried out the wishes
of the nine nephews and nieces led by
Mr.. Malcolm be accusing himself OF
fraud.
This neat little Qusndary. however,
was nipped in the bud. Malcolm and
the other heirs denounced the alleged
will as fraud. In answer Gibson and
his wife swore they had seen the origf-
nal OF the will lying in Mrs. Stenton's
strong box in her home after Mrs.
Kinnan's death. Subsequent to this,
they said, Mrs. Stenton had been de-
clared incompetent, and therefore had
never been able to revoke the will.
Captain Samuel Price. OF The Bronx
detective bureau, testified that he had
been In charge Of Mrs Stenton's house
Immediately after the murder. had
seen the strong box and all its con-
tents and the alleged original of the
vii. was not there.
Thrown Out by Surrogate.
Surrogate Thomas refused to accept
the document ss the womans will
writing the following opinion in re-
gard to It:
After considerable thought and con-
ference the proponent Went on the stand
and testified he saw the paper in the same
black box not only on June 10, 1908, but
also again on June l6, 1905, which was the
day after decedent left her home. never
to return. and while all the papers were
in the possession Of the police. The de-
tective officer then in charge Of the
that Rs ali Ss papsrs ten IN
that box more than once between June
.. 1896. two days after the murder OF Mrs.
Kinnan. and June lS 1905 and afterward,
and that he found no such will there. I
am OF opinion that he testified ruthfully
and that the reason he did not find the
paper was because II was not there. The
result Of this conclusion Is not only TO
strike from the petitioners case vital
point. but also to discredit the petitioner
and his wife, so as TO make II impossible
for me to find upon their entirely unsup-
ported and uncorroborated evidence the
alleged fact OF the propounded paper on
June ~. 1904. The proceedings must be
dismissed on the merits.
Surrogate Cohalan afterward signed
the formal decree appointing George l.
Malcolm administrator Of his aunts
estate on giving bond in $4,000, put
ting him in q position to sue Gibson on
behalf Of himself and the other heirs
for the recovery Of Mrs. Stenton's prop
erty.
The body Of Malcolm. who was board
member Of the Stock Exchange firm Of
Malcolm & Coombe, Of No 100 Broad
way, was found In Long Island Sound,
opposite the Weissman estate. Fort
Schuyler, on the morning Of october
O, 1910. He had disappeared from the
steamer Priscilla Of the Fall River
Line a week before, under circum-
stances that were never fully cleared.
It was supposed at the time that he
had committed suicide In fit Of mental
depression over the death Of a son,
since which his health had failed him,
and no question WAS raised at that
time but that he had taken his own
life. Just previous to his death Mr..
Malcolm had been on visit to DR..
Doty on Staten Island, then Health
officer of the Port Of New York.