New-York tribune., 1920-10-16
w allxer Ousted
AS Executor OF
Searles's Will
Two Special Administrators
Named i'm Massachusetts,
and Others Will BE Asked
in Courts of New York
Nephew Scores Twice
Jury to Pass Upon Fraud Evil
dence and Give Verdict
on Question of Probate
Special Dispatch to The Tribune


BOSTON, Oct. 15.-Albert Victor
Searles, nephew Of Edward F. Searles
Methuen millionaire, who made Arthur
r. Walker, clerk, of New York, his
chief beneficiary, scored point to-day
in his attempt to break his uncle's will
A motion that evidence Of alleged
fraud, incompctcncy and undue in
fluence led Searles to give the bulk OF
his fortune, estimated at $35, 600 900, to
Walker be given to jury for decision
as to whether the viii shall be admitted
to probate was granted by Judge Alden
p. White in the Essex County Probate
Court this afternoon.
Two Administrators Named
Coincdent with this decision came
the appointment by the court of two
special administrators of the estate,
pending final disposition of the case in
the trial court, in accordance with an
other petition filed by the contestants
attorneys. State Senator Augustus p.
Loring, of Beverly, and Rogert Ernst,
Of Cambridge, were named administra-
tors.
They will assume control of the es-
tate il med'ately, relieving Walker and
Louis A. Delafeld, New York lawyer,
VINO were selected as executors by the
will and who were charged by Attorney
Sherman L. Whipple. counsel for AL
bert Victor Searles, with securing the
will through q "cunningly conceived
plot"
In consequence of Judge Whites de
-. |. |, j i -
calendar of the Essex County Superior
Court Unless a settlement outside Of
court is made meanwhile the case prob
ably will be called for trial the latter
part of the winter. Besides the pos
sibility of settlement, there is also a
likelihood that counsel for the will
may seek change of venue on the
ground that an unprej JUDGED jury could
not be obtained in Essex County. They
contend that the widespread interest in
the case in Essex County, which began
when Mr. Searles married the widow of
Mark Hopkins, grew with his subse-
nified by the present litigation.
New York Action Planned
Counsel for the contestant announced
tonight that their next action would
be to apply at once in the New York
Surrogates', Court for the appC lntment
of. special administrators in that state
where the greater part of the disputed
estate is located.
The action of the court in sending
the issue to a jury ended two-day
hearing, during which the evidence
upon which Albert Victor Searles is
attempting to break the will was out
lined by Attorney Sherman l.. Whipple
The document was defended by Attor-
ney Charles f. Choate jr, counsel for
the executors.
As result of the charges made by
Attorney Whipple at the first session
the courtroom was crowded to-day
but the hearing, aside from frequent
clashes between counsel, had few OF
the stirring aspects OF the previous
discussion. 1t involved for the most
part arguments on legal tcchnicalties
and reiteration in further detail OF
points brought out previously.
The three main points upon which the
petition for jury trial was granted
were the issues of whether the instru
ment presented as the Will of Edward
F. Searles was executed in accordance
with the law; whether the testator wa:
in sound mind at the time the docu
ment was executed, and whether it wa.
procured or made through fraud or un
due influence on the part of Arthur T
Walker, Louis A. Delafield DR.. JOSEPH
f. Mccarthy, a New York physician
,, who attended Mr.. Searles during hi!
last illness, and Mrs. Mary A. Rowland
of Philadelphia, q cousin of the mill
(Continued on next page)