The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-18
PLOT IS CHARGED IN
$2,OOO,OOO ESTATE
Broker, Doctor and Nurse Are
Named i'm Contest Over
Rutherford Will.
TWELVE COUSINS IN SUIT
Allegations That TcstatOr Was
Piled With Liquor Are
Made.

Charges Of conspiracy against Charles
X. Phipard. member Of the Stock En-
change firm OF Whitehouse & co. OF III
Broadway. Or. George F. Steel. an eve
and ear specialist, and Miss Edith Cul-
Yer. a trained nurse. In connection with
the will Of Henry Rutherford. who died
nj the Hotel Astor on February IS. 1913,
leaving an estate of more than $4,000
900. are made In afndavits filed in the
Supreme Court yesterday.
The afiidavits were presented TO Su-
preme Court Justice Giegerlch on an APP
plication for a temporary injunction to
restrain the distribution OF the estate
pending q suit to break the will. An
injunction was granted pending the de-
termination of motion before Justice
Shearn to-day to continue II until the
will case is decided.
The allegations against Phipard. Or.
Steel and Miss Culver are based on in
formation to the effect that for some
years before his death Mr.. Rutherford
was addicted to the use OF liquor and
drugs and that Dr. steel and the nurse
aided lp kc,nin., him in such , con-
dition that when he made his viii h.
was unable to exercise his own judg
ment.
The atiidavits allege that as a result
of the acts Of the broker. physician ana
nurse Nj. Rutherford gave $50. 900 to the
nbvs,c,an,s vif. and tho gam. auou,t
go 900 ~.
W "e' S's'e' anu e"N' F'Vo'''" ~ NJ
pard and named him executor without
bond. II is also charged that "A be-
quest of 5000 OOO 10 the Rockefeller In
stitute for Medical Research was made
because a son OF Mr. Phpard was an
officer or employee OF the institute. Will.
Miss Culver was not named In the will.
the niildavits set forth that she acquired
luxuries after the death of Mr.. Ruther-
ford which she did not have before. and
II is also alleged that she Is not "A trained
nurse, but IL merely held out" as such
by DIR. Steel
The suit lis brought by j. Franklin
Gulick. Bertrand l.. Gulick and ten other
maternal cousins OF Mr. Rutherford who
were not mentioned In the will. Among
the defendants named are thirty-two
paternal cousins OF the decedent living
in Great Britain, the Canary Islands and
NEBRASKA, VINO divide the residuary es-
tate OF Sl,Ss9,il2.
/.
Cousins Nearest of kin.
,., ,. ,,,,,, =,
ne colip,a'I.. ur'"h uN NH.'ai'' VI.
VI o. ->ass"u stieet S'a'es .u'l
'"e ue,eue"' "'u WV p'o'"' - '"u'''
anu @ 'oHI' ohe S's'sr' NIs. Janet hu'ner
t'i" VA SNAIL "'" WIZ pu' ''i uieu
peiole MN N'lhou' issue IeaN'hs MN
~ ~ heN, ot MN ntHre, man cousins
& ~" pi''''"s 'le '"e oI''u'Sh VI t"'ee
Dio.neIs "hu TWO sIs'erS vi the ue'e-
ueh' h'other' ana t'eE say the! nave
no aetu"' Nho" ,e"Be oi tue Tt'a'ion-
snip OF the ueiehnaht cous ms Inc
complaint aileSes tHit huthertorI was
OF uhsounu Wlhd NJ ms ueath anu that
II ms VIII was executed Al all IL was
done through Inc undue Innuence OF the
Or Steel, VINO Is husband OF LYDIA
fearsal steel. ana brother-.n-law OF
Elizabeth Pearsai Russell, two bene-
hciaries for $4,000, Phipard and the
Edith Culver, IAN alleged nurse
The chief affidavit TO be presented to-
day TO Justice Shearn Is made by Ber-
trand l.. Gulick. wio says he is ~ years
old and lives at Kingston. y. j. He had
known Henry rutherford forty years,
and says that Rutherford never had
regular occupation and was heavy
drinker until MS death. The plaintin
says that after Mr.. Rutherfords wife
died he continued using alcohol TO eN-
cess. and when his brother John died