The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-05-11
COL. AsToR's WILL
Surrogate Has Power to Modify Its
Provisions.

Surrogate Has Power 70 Moolry It's
Provisions.
New York, May 1O.-Col John ia
cob Astor's will may be construed by
Surrogate Fowler week from today
when the executors OF the will, |
James Roosevelt, Douglas Rob
inson, and Nicholas Biddle, move
it for probate The Surrogate will
have power to pass on the legality
of all sections of the will, and may
in his discretion reject 1t in whole or
in part, or admit ii in its entirety.
This explanation of the Surrogate's
powers was made yesterday by an Of
fetal of the Surrogates' Court.
Those who have observed the work
of Surrogate Fowler in the, few
months he has been on the bench, de-
clared yesterday that it was likely
he would exercise his right to pass
on the various provisions of the will.
He has a fondness for investigating
intricate legal questions, these obser
vers said, and would be likely TO
spend much time on the Aston will
in the settlement of questions involv-
ing nice points of law. The action
of Surrogate Fowler in reopening the
case of the estate of ]. George LAT
fargue and taking new evidence him
self on the question of whether Mr.
/ Laffargue or his wife died first after
the matter had been decided by a
referee, was taken as characteristic
Of the Surrogates disposition.
The Surrogate has absolute power
to make an investigation into the
Aston will, even in the absence Of
any request from the lawyers of any
of the parties at interest, said the
Surrogate's officer who discussed the
matter with Times reporter yester-
day. Absolute unanimity among the
heirs in asking for the probate of
: the will does not deprive him of the
right of making this inquiry, it was
said
, In fact, this official declared, public
policy and a long line of precedents
/ would seem to require rigid inquiry
in the probate of Col Astor's will
, Mrs Madeleine Talmadge Force AS
tors ante-nuptial agreement raises
! these questions the official pointed
! out:
How could she make such an agree
ment legally, being a minor2 Would
/ the stipulation of her father as hel
!. guardian bind her?
J.. If the ante-nuptial agreement TO
4 release of dover was binding. VIII,
. did the will declare its provisions 70
her to be in lieu of dover?
>. How does the fact that all tn
o principal benefciaries are minors. Mr.
/. Madeleine T. Force Aston, william
!. Vincent Aston and Ava Alice Murie
/. Astor, affect their standing under tn
!. Will? Minors are the particula
,f wards of probate courts, which ar
:. required TO exercise particular dill
n gence in safeguarding their rights.
:. The Surrogate's aid pointed out tn
No interests of the minors in this cas-
10 conflict. as Vincent Aston gets
larger share than his sister Mis-
g Muriel. This fact alone would pr,
n vent the Surrogate from appoinun
"A Mrs. Ava Willing Aston guardian fc
~ both children. In case Mrs. Ava v
- Aston should decide to qualify q
a. Vincents guardian, and allow som
one else to qualify as guardian fC
~ Miss Muriel who has been in he
- custody, the Surrogate would close
10 scrutinize the circumstances of tn
10 arrangement, and might appoint sp
rs cial guardians on his own initiativ
is rejecting the family nominees.