New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-03-01
3erefciaries Influenced
8 :. Cutter and Shared
100000, Court Says.
SHE WAS DRUG USER
IN HER LAST YEARS
Lawyer and Doctors Sharply
Criticised by Surrogate
Cohalan in Decision.
rogste COhalan has refused to

tier. one o. the founders OF Hege-
ms. & Co.. druggists, who left an cs-
tate valued At more than Sl,500,0o0,
After commenting on the testimony ad-
ducei on the trial Of the contest,
hrough, by cousins Of Mrs. cutter, TO
show her mental and physical weak
ress when she executed the will under
dispute. Surrogate Cohalan says: "Thc
above facts show this to be a case hay
irg oil the ordinary indications of
fraud"
The Surrogate finds that Mrs. Cutter,
who died at the age OF about seventy
three, did not have tcstamcntary
capacity when she executed the will
benef,iuc persons in whom she had ro
interest and cutting of her rc.a.--s
and persons who had taken care of her
in her last illness, whom she had prom
ised 10 remember. but were not men
toned I'm the will.
Surrogate Cohalan directs much Of
his attention 20 George Ramsey, for
merly president Of HcGeman &
Co. an executor Of the will. Two hun
dred thousand dollars was left 10 him.
The decision also mentions IN conncc-
tion with the making Of the invalid
instrument ". McNastcr Mills, man
arer Of the Plaza branch Of the Union
Trust Company, another executor and
beneficiary TO the amount of 100000;
Frank W. Ticbenor. lawyer. and Or.
Henry ". r'rauonthsl. one Of the chief
surgeons Of the Hospital for Deformi-
ties and Joint Diseases, also mentioned
in the Will. Or. John c. Bradner was
another legatee.
Woman a Drug Victim.
Mrs. Cutter was addicted to the use
Of morphire and codein, which she
used to within a day or two o. her
-daa1h,-on April ?, I31+.
-- There i no evidence" says the Sur
rogate, "tnsc -he doctors ever ct.
tempted to procure for her a trained
nurse. nor did Ramsey. Mills or Ticbo-
nor ever attempt to bring in a trained
nurse 20 take charge Of this dying and
suffering old woman"
Notwithstanding the condition Of the
testatrix, although one Of the physi-
clans who called at her home was a
beneficiary and must have been aware
Of her condition. the Surrogate re
marks, Mrs. Cutter was not removed TO
n hospital "nOr was any action taken
IN her behalf which -Jmmon humanity
would require.
"Was this because, as one Of the
witnesses said. Mrs. Cutter was
cranky and would not submit 20 the
rninistrations Of trained nurse, or
was it because the benefciaries in the
propounded paper desired no outside
interference with the scheme that had
been concocted by them TO divide
among themselves an estate which may
amount 10 upward of 81 100000? Their
sole ambition seems 70 have been 10 get
the largest possible bequest from Mrs.
Gutter; their sole endeavor TO vie with
each other in attempting TO obtain the
last will signed by this diseased, drug
eating, dying old woman
Mrs. Cutter died short time after
the death of her husband, whose en-
tire estate she inherited. They lived in
III old fashioned house at 7Sl LeXing-
ton Avenue. They left no children.
Surrogate Cohalan reviews the couples
mode Of living until the husband and
wife were seventy-fve and slXty-fiVe
years old, respectively.
Mrs. Cutter had horses and car
riages. she attended the opera and en-
tertained freely and in other ways
lived the life Of a woman OF refinement
and wealth. But when the Cutters
reached the age mentioned their habits
changed. Mrs Cutter gave up her
social interests, she became careless in
the matter Of dress. Eventually the
old couple became practically recluses.
living IN two rooms and q pantry IN
the Lexington Avenue house and at
tended only by furnace man named
BeamisG, who. the Surrogate says. was
drunkard Most Of the rooms of the
house were always i'm great disorder.
hen her husband died Mrs. Cutter
expressed the fear that he would haunt
h'r. During the illness preceding his
death no trained nurse was called 10 at
tend him. Mrs. Jaeger, wife of grocer
living IN the neighbour God, and Beam
ish looked after Mrs. Cutter. The
rooms Of the former woman OF society
were IN an Undesirable state Of dis
order and filth.
Three Wills in Nine Months.
''In one of these rooms" says Surro-
gate Cohalan, "she received visits from
Ramsey. Mills, Tichenor, Bra liner,
Frauenthal and other actual and po-
tcntial benefciaries."
The rejected will was the third made
by Mrs. Cutter in the last nine months
Of ner life. 1t was executed about two
~ eks before her death. Surrogate
Cohalan describes this death bod exc
cu;ion. "On March p, 1914, to the
house above described came Ramsey,
Mills and the attorney for the pro.O-
meats, to have the propounded paper
signed by this woman. With them came
the craftsman of the will. the wit
nesses -Olney, "A clerk in said attor-
ncy's office; Linderman, a clerk in the
Union Trust Company, Of which Mills
was president; Gibney, another
clerk in the same bank, and Eckstein.
an employe of drug company in
which Ramsey had an interest. They
admitted by Beamish and brought
downstairs to the basement Tichenor,
beneficiary in the propounded paper.
was at that time ClCseted with Mrs.
Cutter. When Tichenor left the house
Ramsey went upstairs He returned
in few minutes anu invited the
craftsman and the proposed witnesses
10 the will 70 come with him 10 the
living room Of Mrs. Cutter. They found
Der propped up on a couch, wrapped IN
blankets. The attorney read the Will TO
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