New-York tribune., 1920-02-24
'Wickersllanl
Testifies in
Spang Case
Former Attorney General
Admits Widows Will
Might Be Conditionallv
Defective in One Clause
Charity Bequest Attacked
Lawyer as Beneficiary Was
Pledged TO Carry Out
Provisions if Made Void

George W. Wickcrsham. former At
.arnev General of the United States
eho drew the win of Mrs. Rosa E.
Sang, now being contested, and one
II the executors of the estate. was 9
witness before Surrogate Cohalan YES
terday at the beginning of the fourth
week Of the contest.
Upon cross-ex examination of Mr.. Wick
ershaw former Senator Edgar T. Brack
~. counsel fer Mrs. Mable Spanp
Ancker. daughter Of Mrs. Spang, who
il the contestant. sought to prove by
.he witness that the viii was in some
respects contrary to the laws of both
the state OF New York and the state
Of Pennsylvania. the source of the
spang fortune.
TIE late Charles H. Spang was
Pittsburgh steel manufacturer. Mrs.
spang left her daughter an annuity of
$4,000, and the residue of her estate
more than $4,000 900, to found home
ior poor children.
Knew 1t Might Be Invalid
The will as drawn by Mr.. Wicker
sham provided that if the beouest of
the reslduary estate was contrary 10
The laws Of New York state. then II
was TO so TO Mr.. Wickersham. Colonel
Michael Friedsam and Dr. Henry [
Dwight Chaplin, upon whom Mrs. Spang
relied TO carry out her intention with
regard to the children's home.
When you drew this will, Mr.. Wick
sTsham. asked Mr.. Bracket. "as
lawyer you knew that under the laws
6: Pennsylvania if this woman disd
thirty days after making this will it's
provisions would be invalid ,"
Mr Wickersham replied that he was
aware OF that
Mrs. Spang died the day after she
executed the viii.
you also knew as q LAWYER that
1nder the laws of the State of New
YORK, where q man or woman leaves :
chlld or daughter, as in this case, /
lhey cannot leave all of the residue |
CT tnelr estate 10 a charitable corpora
ton as was done in this case. and the (
law requires that half of the residue
must 60 to the daughter
Yes. admit that | know this" re
Piled Mr.. Wckersham.
As the Will now stands. if II is de-
cded that the provision leaving the
residue directly for the founding of .
me home vas contrary to the deced- (
enes state laws there is still the al
tentative provision leaving it to Mr..
Nickersham. Colonel Friedman and
Chaplin, absolutely, but who are to
carry out the wishes of Mrs. .Spang
nl'h regard 10 the original purpose,
Yrs. Anoker however, contends her
mother was mentally incompetent when
sae executed her viii.
Then you realize continued Mr..
Bracket, that under the provision
s&tng II her Intentions ran counter
% Z. the law that f in the providence
Of uod, you had died twenty four
aours after the death of Mrs. Spang
hat your estate would inherit one. rT,fs
.1fe OF the estate Mrs. Spang con-
aaed to your care ~
a Question of Law
And i YOU became BANKRUPT within
70 or three months one-third Of Mrs. ,
epangs estate would be available to
'gIidate claims Of your creditors ~
:. me former Attorney General re-
ii' was loJ so sure about
nat He thought that might be
question Of law.
Ar; Wickersham denied that he had
aiephoned any one after the death
a. a.. MRS. Spang that che old bird has
y. Mr. Brackett read letter written
py icAersham,in which he said that
aloer the VIII as drawn Colonel Fried
s@a and Dr. Chaplin were not onlv CO.
~ s,11scqlofs but possible beneiiciaries.
Af ickersHam smiled and said that
se was not rs cautious when he wrote
'ag ie,ler as he was in testifying.
Ar Nickersham testified that he was
a, aa,'rocueed to Mrs Spang by Senator
sshsries c. Lockwood. of Brooklyn. who
aaa been her attorney, but of whom.
scCording to his own statement. she
aad become suspicious. This inrroduc-
ion took place about four months be-
,Ofe the death Of Mrs Spang. The wit
ness sad he asked of Senator Lock
WOOD s.,t. whether the aged woman had any
natives. Upon learning that she had
Z daughter Mrs Ancker, who was in
1safope' Mr. Wickersham suggested
mat she be sent for. ~
rFeyious testimony given showed