New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-18
DEATH WATCHERS
KEPT SUFFERER
DRUNK, SAY HEIRS
Rutherford's Cousins to
Fight Will Disposing
of S2,0O0,0O0.

Relieving that Henry Rutherford,
who died at the Hotel Astor, in Feb
ruary. 1918. was under the influence OF
liquor when he made his will, twelve
of his cousins presented affidavits yes
terday to Justice Giegerich in the Su-
preme Court asking for temporary
Injunction to restrain the distribution
of the 100000 estate. This was
granted pending the decision on mo-
ton before Justice Shearn to-day TO
break the will.
In the affidavts charges of conspl-
racy are made against Charles n.
Phipard, a member of Whitehouse
Co.. brokers, of III Broadway; Or:
George +. Steel, well known eye and
ear specialist, and Edith Culver, who
is mentioned as AN alleged nurse"
The charges are based on informa-
ton that DR.. Steel and Miss Culver
kept Mr.. Rutherford under the infu-
ence of liquor. This, the atlantis say,
deprived him of using his own Judg-
ment in matters of Importance.
The afidavits charge that owing to
the activity Of Phipard, DR.. Steel and
Miss Culver, Rutherford gave 100000
to the Rockefeller Institute, $4,000
to the physicians wife, an equal
amount to her sister, and in addition
to giving Phipard 100000 named him
executor Of the will. IL is alleged
that although Miss Culver did not
benefit from the will she was able soon
after Rutherford's death, TO indulge in
luxuries TO which she had not been ac-
customed.
According to one affidavit, Miss Gull
yer lived in modest apartment un-
til the time of Rutherfords death.
Then she moved to 400 Riverside Drive
and bought antique chairs, tapestries,
paintings, rugs and an expensive piano.
J. Franklin Gulick, Bertrand l..
Gulick and ten other maternal cousins
Of Rutherford whom he neglected to
mention in the will are bringing to-
days suit against thirty-two paternal
cousins to whom the residuary estate
of $f,399.412 is bequeathed.
1t is also alleged that after Ruther-
ford made his will the three continued
their control over him and prevented
him from altering it before he died.
Bertrand L. Gulicks affidavit says he
never knew Rutherford to have regu-
lar occupation and that he was a heavy
drinker. When his brother died, in
1911, ne duuS, hullcl lOIu was III ShN'
a condition that he could not attend
the funeral. He says the last time he
saw the testator Was in 1912. Then he
was suffering from the effects of
liquor. Mr.. Gulick believes Ruther-
ford was intoxicated when he made
the will.
Gulick also charges that before his
cousins death, after the methods of
another physician had been praised, DR..
Steel was called in. and that Ruther-
ford was buried one day after he died.
The plaintiff also states that Phipard
was the financial adviser both of Mrs.
Marshall, Rutherford's sister, who left
81 900 900, and of Rutherford himself.
Charles Fox, of Sc Broadway, is coun-
sci for the defendants, who live in
Great Britain, the Canary Islands, and
in this country He was positive yes
terday that there was nothing TO the !
case" He said Mrs. SteePs mother !
and the teststor had been lifelong |
friends, which accounted for the be-
quest to her and her sister. He also J