The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-03-14
DALE DIDN'T CASH
S125,OOO IN CHECKS
Man Who Married Mrs. a. y.
Kellogg Vow Rejects $50
900 in Trust.
ESTATE OVER 4 MILLION

Testimony filed in the Surrogatc's
rourt Yesterday in tho transfer taX APP
rf,...I Of the estate of Mrs. Annie KEEL
ioee palc shows that a bank official got
a check Tor $5o.oo0 from her as COM
pcusaiiou for giving up his Job IN the
hank ,u we'd her and then failed To-
prescn, the check for payment after his
,rsrrauc presumably because he be-
loved his wife intended TO ave him the
greater par; of her estate. Fot the same
,e.snu. II = believed. he failed to cash
titec checks for s2i.O 600 each which his
wife gave him for services As it came
out the will cut him off with u trust
fund of Sju.o0o
The testimony was given by Alfred
q; Dale. husband of the dcccdent. who
was the widow of Anscl y. Kellogg,
founder Of the A. y. Kellogg News
n,per syndicate Company. Mrs. Kellogg
married Dale I'm 1901. when he was as
.stant manager OF the Grand Central
branch OF the Corn Exchange Bank. He
was about - years old at IN" time and
.hc Vas about twenty years his senior.
In her viii she loft him - trust fund Of
$4,000. but she cut il down to 100000
~ 4 codicil. when the contents IL the
viii became known Dale fled u claim
or sla5. 900 with the executor Of the
estate for the four checks which couldn't
ro collected after the death Of Mrs Dale.
Tre claim was rejected.
Estate Si.Stt.5iI.
The appraisal shows that Mrs. pale
had total estate of i.5i1,jl1, tho
largest part Of which she left to the
heirs AT law Of her deceased husband.
Mr.. Kellogg. The three largest lcgacies
we're 10 Arthur A. Kellogg. slSl.S11
Alice NJ Kellogg S17I.>1l. and Fred
crck Is ~rrowhridgc. saol.S7l. After
In, will had been flied a sister of Mrs.
Dale sued to break It because she was
Gil, OF. and IN the suit 1t VAS alleged
that palc had accepted Sls5,o"O 10 per-
nit the will to bc pr1batcd
Dale was examined at length as 10
rs claim that the estate owed him
slei.Oo0 on the four cheeks. and in IN"
course Of his testimony he said that he
fr>i met Mrs. Kellogg In 1928. when he
Vas udying teller at the Firth Avenue
BANK. wherc she had her account She
Invited HIM TO come - h"r house in
tive o.caings 80 attend 10 business mat
tors TOR her. and on these occasions she
used to snok" cigarettes. he said. while
-le watched him work. Later she had
him take her TO theatre parties and
dinners.
bale testified that in 1901. when he
vas getting 10000 = year as assistant
manage Of the corn Exchange Bank
branch. Mira. Kellogg asked him To- 20
10 Eur pc with her and hc Sdid he
oouldn', leave tho bank. lie testified
'nai h, told her that if She married
him aud agreed to make suitable
paovision for him he YOU resign his
place and devote his time to her. IL
sad tha, no made ont = check rr
sto.UnO and Mrs.. Kellogg signed 1t
and that No then suggested that she
fld % c,dicil to nor will providing
e.. the aVnc Of the amount after
pep ds til. witch he says she did. Th'n.
h testified. ut married sir. Kellogg,
but lc gays ihc rudic was lost.
says Tic I:nrnrd the N"nr,.
Il was set forth 10y Dale that the
dN.cNs frr s25.ooo zach We're drawn
\, his nite to pay him 'f'r his SER
vlrce iu selling her 80 per cent N
to'est boo tho \ y. Kellogg Company
- the Western Newspaper Union for
:i"o."oo lie says he devoted several
year, - putting this company on a
PAYING basis and that he believed he
should have that amount for what No
had done. lie said that when his wife
drew these Chceoks she said. "ytI have
earned that and NOR" too"
IN mis- testimony Dale said his wife
assured him that she would provide
lh"rtlly for him and promised him tn,
2 cater part Of the estate. Quest ned
7S to the az" Of his wife. he said
= believed she was 50. hut 'ho ncNcr
Jared ash her" and that the Clergyman
Who IVA rried them didn't dare ask he.
He testified that m tho later wears
~ 'nei" married life his wife WAS
'nsan"iy jealous" ~ him and that dur
1g the year she died hc lived apart
rom nor ~ the Republican club H.
testified that hcfC-o hi marriage his
we gave him = rhcck for 5000 To-
RaN fnI his MnIlLnr -lnt he.