The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-07
VERDICT BREAKING
ECKERT WILL UPHELD
Elder Son Wins Fight in High
Court for Half Of 3D.
100000 Fortune.
FINDS UNDUE INFLUENCE
Facts Surrounding Signing OF
Aged Generals Will Called
Suspicious.

The verdict Of a Jury setting aside the
will OF Gen. Thomas T. Eckert. FOR
mer president OF the Western Union Teie
graph Company. on tho ground OF undue
influence by Gen. Eckert's younger son.
Thomas r. Eckert, Jr.. was affirmed
unanimously by the Appellate Division OF
the Supreme Court yesterday. Under the
decision Clendenin Eckert. the son who
sued to break the will leaving him only
$4,000 outright and q trust fund OF
100000. will get half the si.65o.ooo es-
tate.
Cen Eckert died October 20. 1910. in
his ninety-third year. leaving as his only
heirs at law his two sons. Clendentn
Sc years old. and Thomas. Jr.. SO years
old He made his Will less than month
before he died and after he had been In
a feeble condition for long period
lie left to his granddaughter. Joanna.
daughter OF Ciendenln. real estate worth
$4,000. and 5000 each to his brother
William, vino has since died. and two
uieces. After leaving the $4,000 outright
and the 100000 trust fund to Glen
denim. he gave the remainder OF the
estate to Thomas. The latter's share was
appraised at sl,470.000. The will pro-
vided that II any OF the benefciaries
contested the document they were to &c,
nothing.
Justice Mclaughlin, writing the Appel
late Division opinion. finds from the tes-
timony that Gen. Eckert had the same
affection for one son as he had for
the other and that n will had been
drafted before the one offered for pro-
bate In which both sons were treated
alike. The court regards as 'suspicious''
the manner In which the fnal will was
drawn. After It had been executed at
the Generals country place at Elberon.
n. j., II was brought to New York and
turned over to Richard @. Page. Jr.. Gen.
Eckerts secretary. who put II in a safe
deposit box without notifying the son
Clenden!n. Three days after II was exc
cuted Gen Eckert fell and sustained In
jur!es from which he died. During his
final illness his condition was kept from
Clendenin. and he arrived at his fathers
bedside after the General had become
unconscious.
The court said:
1T seems quite Incredible that an at
torney without ever having met the
testator before without ever having had
private consultation before. considering
his age and condition, should have per.
mitted him to execute the will without Mt
least mentioning the fact to the son. Il
In significant that this attorney should
call the testator's attention to the fact
that creditors might reach the $4,000
which he bequeathed e. Clendenin. II is
also incredible that Page. as was testi-
fed. secretary and member OF the house
hold on most friendly terms with Thomas
should not have mentioned the will to
Thomas until after the testator's death"
The court then makes a ruling which
in the opinion or many lawyers will EN-
courage attempts to break willis. The
court said:
THE testator for some time prior to the
execution Of the will was in a lit condition
to be easily Influenced. The opportunity
was present TO exercise undue influence
and the inclination existed IN Thomas to
exercise 1t. II was 10 exercised by him
and those assisting him."