The Bridgeport evening farmer., 1916-04-28

New Ork, April 2S-Much of the mystery surrounding the suit of Will liam Guggenheir, youngest of the sew en sons of Meyer Guggenhein, founder
 of the vast interIocking system o1 mining, sme1ting and development en- terprises ebaring the family name.
 against his five living brothers, was swept away yesterday when the action came before Justice Benedict in the supreme court in Brooklyn for ar gument on a motion.
 Then for the first time since Oct
 Is last, when William Guggenheim served his brothers with copies of disclosed that he is seeking to recover $1o,0Oo, 900 from them on the ground of fraud. The break between Will liam Guggenhein and his brothers is regarded on both sides as final.
 What the Complaint Alleges.
 The complaint alleges that William Guggenhe elm signed away his co-part- nership rights as one of the old firm of M Guggenheim Sons. in what was known as the "Chuquicamata Pros pect' without knowing the vlaue of the property embraced in it. He now charges that the "Chuquicamata' enterprise was subsequently absorbed the Chile Exploration Go. of New Jer- sey, and that the properties of these companies are worth at least s6O.00O,- GOO.
 Daniel Guggenheim, the second son, who is recognized as the active head of most of the Guggenhei1n en- terprises, has already been questio ion- ed in secret proceedings before a referee in connection with the suit 0as to the value of the ''Chuquicannata' properties. The testimony that he gave then. it was said. will be used in the trial of the case if it comes to trial, to show that the present nearer $75,000,O0 than $6O,000,000
 This is not action to recover a share of partnership prohts," stephen c. Baldwin, attorney for William Gug- genhein, said yesterday in his argu- ment before Justice Benedict tIt is an action in tort because of wilfuI and wrongful conceaIment of facts which the defendants should have disclosed to MT, Guggenheirn. Per haps the language of the complaint is not strong enough, but this suit is for fraud and deceit and nothing else. This was never intended as a partner ship action. It is brought because the defendants have swindled the plain tiff''
 At another point in his argument MT. Baldwin dramatically represented William Guggenheim as saying to his brothers:
 You got this release from me- stand by it. But you got 1t from me by fraud, and in so doing you dam aged me to the extent of $10, 100000. That's why I'm suing you.''
 Solomon R. Guggenheirn, the fourth son of the founder of the Shelter Trust, who was the only one of the five defendants in court, smiled at MT. Baldwins impromptu irnpersonation of. the youngest brother, and whispered something to John Steele. general counsel of the Chile Copper Co.,, who sat beside him h
 Imposing and expensive is the array of legal talent which the defending brothers have engaged to fight the suit for them. Guggenheimer, Unter- myer & Marshall of No. 12O Broadway are the attorneys of record. Louis R. terday. But in addition the defend ants have engaged Stanchf1eld & Levy, represented yesterday by Louis S. Levy; William D. Guthrie and Francis Lynde Stetson. MT Guthrie made the leading argume-- yesterday on a mo- ton of the defense for Judgment on the p1eadlngs.
 Justice Benedict listened to argu- ments from both sides for three hours and then asked for briefs. It was agreed that opposing counsel should exchange briefs next Thursday and N-AS~S May Il.
 No matter what decision Justice Bennett makes an appeal will be talk en, and that a long drawn out Iitiga- tion is expected.
 The trial of the suit will be in Mas sau county, where the action was brought, but it will probably reach the Court of Appeals this State and perhaps the United States Supreme Court befort it is ttle d.
 Benjamin Guggenheim, the fifth son, the complaint discIoses signed away his rights in the Chuquicamata prop critics at the time William did, by an agreement made on Jan. f. 1912 be- tween Benjamin and William Guggen- he1n on the one side and Isaac, Dan 1el, Murry (Morris), Solomon and Sj- mon, the last named being the former United States senator from Colorado
 Benjamin Guggenheim lost his life on the Titanic on April 16, 1912. and his death, by the terms of the original copartnership agreement as disclosed In the papers, resulted automatically the complaint alleges, in the dissoI11-I ton of the partnership firm of M Guggenheim Sons one year later, aI- though the name was retained for business purposes. Whether Benia- min would have Joined William in the present litigation against the other brothers counsel on neither side were prepared to say.
 That there has been a coo1ness be- tween William and the five remain Ing Brothers has been evident for some time. The present suit, coupled with other information, discloses that William has been somewhat of an outsider in the close corporation which the other GuggenheiIn sons have maintained. One of the first causes of difference between William and the others was that the young est son regarded himself as a better equipped mining and smelling man. than any of the others
 William was graduated from tn University of Pennsylvania in 1889l after specializing in netaIlurgy and chemistry. He was first connected