New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-28
CHARGES FRAUD N
MRS. CESTERO'S WILL
Mrs. Taber, Sister of Tesla.
trix, Wants Decree of
Probate Set Aside.
UNDUE INFLUENCE OF .
NEPHEWS ALLEGED
lnfatuation of Aged Lady 70,
Young Cestero Shown IN
Affidavits.

Alleging fraud and undue inrua,c. Al,
Emile Taber. OF $40 West I'd q. ,.
proceedings I'm the Surrogatss Com.
terday to have set aside the decre4 49,.
ting to probate the will OF her sister NJ.
Resale Cestero. whose husband wa,
Porto Rican planter. Mrs. Taber and NJ
Cestero were we'll known I'm Rai,,,,.
about half century ago as the ''pund.r
dale Beauties"
Mrs. Taber names as the p.rsor. -.
We're responsible for the alleged fr.rau
lent will Fernando Cestero and Uly,,.,
Cestero. nephews Of Mrs. Cestero's la.
husband. and others unknown 70 he,
Ulysses was the chief beneficiary ma,
the will OF the testatrix and also was an
pointed executor. The contestlng s,s,s- a,
Mrs. Cestero calls attention to an unu.ual
infatuation that existed between MIRA
Cestero and Ulysses. Several affidavit.
showing this attachment are on Ale with
the papers submitted by Mrs Taber Two
OF these were made by Mrs. Isabella Tr..
mont and Mrs. Jane Blakely. who war.
housekeepers for Mrs. Taber and Mr.,
Cestero. Mrs. fremont said. referring 10
the aged aunt and her young neph.v.
She seemed perfectly infatuated with
him and did nothing but talk about him.
his handsome features, his beautiful eve,
and his devotion TO her. Her talk sbou,
him was rather Joke with most OF Us
because We thought she acted more Ike
a young girl with her first sweetheart
than the sickly old lady she really was"
Mrs. Taber was appointed as executrx
in the will OF her sister. However, as she
explained In her affidavit. she 10 lame
and unable to leave her home, so that
Ulysses Cestero has been the only active
person In the management OF the estate
The only action that Mrs. Taber has taken
was 10 sign certain papers brought 10 her
by the executor. She made no protest 70
the probating Of the will. but since then.
she said. she has been Informed that the
will Of her sister was not executed &C
cording to the legal requirements. and on
the ground Of fraud and newly discovered
evidence she has petitioned the Surro-
gates Court for the setting aside OF the
decree Of probate. On her petition Sur
rogate Cohalan issued an order yesterday
directing Cestero and others interested in
the will to show cause, on May 10. why
the decree OF probate should not be va
Gated. The Surrogate also granted stay.
restraining Cestero from taking any action
in connection with the estate until the
motion to vacate has been passed upon.
Mrs Tabers information of the alleged
non-conformity with the law in the execu-
ton Of her sisters will came to her from
Walter s. McAllister. one OF the witnesses
He has told Mrs. Taber that the testatrx
never asked him to become witness and
that she did not declare that the docu-
ment 10 which she and McAlister affixed
their signatures was her will Cleveland
Forbes Dunderdale. a brother or Mrs
Taber and the late Mrs. Cestero, has made
an affidavit that McAllster told him that
he did not know he was witnessing the
will of Mrs. Cestero. Mrs Taber does not
know where McAllister is, but she hopes
TO get I'm touch with him.
The will to which Mrs. Taber objects
was executed in January. 1912 Seven
wears before that the sisters had agreed
to make mutual Wills, each 10 leave her
estate to the survivor. IL was because oil
this agreement and relying on the terms
OF a will which she believed her sister
had made In her favor that Mrs Taoe'
came to her sisters financial rescue az
various times.
zone OF the occasions I now recall
she says, when my sister showed signs
of great nervousness and mental distress
because OF en- unfortunate investment
Mrs. Taber declared that she made good
the amount Of the investment ana a.
sumed the loss. On many other occa-
sions. she asserted. she helped her sister
but never kept an account nor would shs
accent notes. She also refused 10 take a.
security some jewelry tnat her sl'ter Of
fered her. Mrs. Taber said that tne
amount OF money she paid out TOY IT.
sister would easily run into thousands Of
dollars. and that she could easily accoun'
for 5000. The contestant explained 'nd'
she acted now not through any resent
nent or dislike toward Cestero, out 70
right a wrong done by her sister a.
though convinced that the act or MT
Cestero was not her voluntary act
Mrs. Jane Dlakely who acted as nous
keeper for the sisters while they liVeo AZ
"A West 18th st. made an affidavit ssy'"s
that Mrs. Cestero was q woman OF sres'
determination" although Mrs. oeslelV
and Mrs. Taber lived together In compete
harmony. Fernando Cestero USED 70 eau
at the house. but Mrs. Blakely had new.
seen Ulysses. and first heard OF nm ."
Christmas, in 1910 Mrs. Cestero spohe -
him, saying: You ought 20 look a, u',
one and see II he isn't handsome iia".
Mrs. Blakely said she was surprised "
hear the elderly woman talk that "A',
because IL was so different from her us'a'
way. After that, declared the aHlan"
Mrs. Cestero continually talked about wv
nephew OF her dead husband. always %
pressing the wish 10 zee him. ana nv
he kissed her when he came 10 see me-.
Mrs. Blakely said. 'I thought tha' %
good lady was getting silly IN hs' w.
age"