The evening world., 1913-12-03
E|NSTE|N MILLIONS
SAID TO DEPEND ON
SECRET letters
Lady Waidstcin Got Them
and Court Might Decide
Father Died lnteState.
AL TESTIMONY is IN.
Fatman, Millionaire's Friend,
Quotes His Words DiSin-
heriting 4liS Son.
AL TESTIMONY is IN.

The action OF Prof. Joel Elias Spin
garp, who was dismissed from Column
bis University for anarchistic SYM
pathies, to get a new Interpretation OF
the will OF his mul;. millionaire father
in-iaw, David Lewis Einstein, and pre-
vent his slster-in-lsw. Lady Charles
wAldstein. from handling over to herself
one third OF Einstelns residuary es-
tate, which the disinherited son, Louis
Einstein, lost, went into the hands OF
Justice Gieyerich late to-day In the
Supreme Court. and decision will not
ne given for six weeks. The sum in
volved is between 3l.Oo.eO and 81. so, 900
Justice Giegerich granted a motion of
ex-Justice Leventritt, representing
Spingarn, to restore all the adduced
evidence presented to prove that there
was a secret trust covering this
100000 or mora.
The trustees of the estate. with the
exception OF Prof. spingarn. favor Lady
waldstein's ownership. Prof. Spin
garn, also q trustee. contends that there
was a secret trust to the effect that
the one-third share. known as Part c.
w,s to be given Lewis Einstein. former
ly American diplomat. II he divorced
his wife. Helene Rail-. and. If he did
not 1t was to be held for the grand
children OF ID. l.. Einstein-in other
words, both the children OF Lady Wald-
stein and those Of Prof. spingarn and
his wife. Lady waldstein's much
younger sister.
POSSIBLE TO DECIDE HE DIED
iNTEsTATE.
The restoration Of the evidence Of
a secret trust for Lewis Elnstein, which
had previously been ruled out. means
that Justice Giegerich will have to de-
eide two questions. First he will have
to say whether or not there was a
secret trust. II he decides that there
WA Lady waldstein cannot approprl-
ate the money. Ii, following thiG possi-
bnity. Justice Qiegerich decides that
there was secret Trust which pro-
vdsd that Lewis Einstein. the son.
sNould have Part C II he divorced his
wtes. this decision will have the effect
;, of invalidating the will and leaving
(. the estate in the position Of that Of a
7 mao who had died intestate. In other
words a father cannot in his will
foros his son to put aside his wife
under pain of disinh eritance.
The alternative is to decide that there
was no secret trust and that Lady
waidstein was within her rights in
taking possession Of Part c.
II am leaving my son $1,000 a year.
don't want him to be beggar. And
then Florence can and viii give him
such sums as she thinks proper from
time to time II he will dissolve his dis
reputable marriage and show a sin
cere repentance"
This statement made to Solomon A.
Fatman. one OF tis executors. by the
late David Lewis Einstein and testified
to to-day in the Supreme Court before
Justice Giegerich. describes the feeling
OF Einstein for his estranged son.
NJ. Fatman. David l.. Einstein'a
brother-in-law and lifelong friend. took
the stand to tell what he knew OF the
supposed secret trust Of part c Of the
Jcinstein estate. His testimony waa
mainly on the side Of Lady Waldstein
in her contention that there was no So
cret trust to hold part C for the bench,
>of her brother Lewis, and that she is
within her rights in apprnpriating the
money to herself, At one time Mr.. Fat
man was named In Lady Waldstein's =
viii az beneficiary OF this part c. which
ia valued at s, 900 900 to 81, ,iOO. 900. but shs
has since then twice changed her will.
The seven mysterious letters which