New-York tribune., 1921-10-22
Colt Incapable
W hen He Made
Will, Sons Sav
AppeaIing From Probate De-
cree, They Charge Father
Was Induced to Sign 1t
Through Undue Influence
Under Mistake of Fact
Further Allcgc That 1t
Was Not Signed by Him
as His Last Testamens

PROVIDENCE, R. l., Oct 2l.--Rus-
sell c. Colt and Roswell C. Colt. sons
of Colonel Samuel Pomery Colt, presi-
dent of the board of directors of the
United States Rubber Company and
interested in many financial enter
prises, base their effort to break their
fathers will upon the declarations that
the fnancier wae of unsound mind
when the instrument was executed and
that he was induced to sign it through
undue influence.
This became apparent to-day, when
William B. Greenough, their attorney,
fled with the Superior Court here a
statement OF his clients reasons foY
appealing from the decree OF the Bris-
tol Probate Court admitting Colonel
Colts will to probate.
The statement also declares that the
will was executed by Colonel Colt
"under a mistake of fact" that the
instrument was not Colonel Colts last
will and that it was not signed by him
as and for his last will.
Citation to Executor Asked
The stateme2. asks that the decree
of the Probate Court be reversed and
chat the will be declared null and void
and citation ordered to issue to the
Industrial Trust Company, named as
executor under the will. 4as provided
by statute
Colonel Colt died at Bristol August
II, and his will was admitted to pro-
bate September 6. On October IA Rus
sell G.. and Roswell c. Colt filed VITA
the Bristol court a claim of appeal,
fer W ich to-day's statement outlines
the reasons.
Colonel Colts will provided for the
payment of public bequests amounting
to $4,000 and of specific private be-
quests amounting to s1,oS9,000, in
cluding legacies of 100000 each left
outright to Colonel Colts brother,
Senator LeBaron B. Colt, and to Rus
sell and Roswell Colt.
The residuary estate was to be di-
vided into two equal portions. The
income from one-hal was to be ap-
piled to the upkeep of the Colonel's
Bristol property and other purposes,
and finally to be added to the other
half
The second half was to be divided
into SIX equal parts. Senator Colt,
Russell G. Colt and Roswell c. Colt
were each to receive one part. The
remainder was to constitute a trust
fund and the income was to be paid
equally to these same benefciaries
and, upon their decease, TO their chill
dren, the principal 20 be me ae over
to their grandchildren in fee simple.
All of the Coloners Bristol real
estate was to be held by the trustee
as q special trust for the use of his two
sons. Russell Colt was to have first
right to the use of Linden Place, the
Colt home on Hope Street. Roswell
Colt was to have flsv claim upon the
Colt farm on Poppasquash Neck. When
either so died the other was to re-
celve in trust the entire Bristol prop
erty, the trust to continue until but
one grandchild survived, when that
grandchild was to receive the property
in fee simple. The Colonel requested
IN the Will that none of the property
be sold.
s25,oo0 to Ethel Barrymore
Russell Colt and his Wi e, Ethel Bar
rymore Colt, the actress, got outright
the estate at Mamaroneck, N. Y,
which had been recently purchased by
Colonsl Colt. and Ethel Barrymore
Coli received a cash bequest of $25, 900
Fifty thousand dollars was bequeathed d
to each of Russell Colts three chill
dr. and to Roswell Colts children.
The sum Of 1000 was bequeathed
TO each person II the employ of the
Industrial Trust Company and the
Rhode Island Safe Deposit Company,
as office, teller, bookkeeper or clerk,
and to each servant In his employ