New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-08-31
Benjamin Kin
To Fix Course
b, Day or Two
Children, Cut on With 81
Each, Deny They Have
Decided to Make an Effort
to Break the Instrument
Contest Is Anticipated
Executor and Trustee Pre-
pare for Long Delay Be-
fore Final Adjudication

Within a day or two the children Of
Park Bsnjaniz, patent lawyer, scien-
list and naval expert, will announce
their course with regard to the bequest
Of 81 each which their father made,
while he left Miss Anna Bolchi Benia-
man. an adopted daughter, most of his
estate, valued at about $4,000.
Park Benjamin jr., one of the sons
cut off and arraigned by the testator,
statement that there would be con-
test. but he told of 8 conference held
by the parties at interest, with the ex-
ception of one of the daughters, Mrs.
Dorothy Benjamin Caruso, widow of
Enrico Caruso, who is in Europe. No
definite action was taken except that
Park Benjamin jr. was appointed as the
spokesman for the family. He said he
would make public whatever action was
determined upon.
At variance, however, with the state
rnent Of Park Benjamin jr. that no de-
cision mas been reached by his family
as TO d contest was another statement
made yesterday to the Surrogates'
Court by Calvert Brewer, vice-presi-
dent of the United States Mortgage and
Trust Company, which is named in the
Benjamin will as executor and trustee.
Contest Is Expected
The trust company applied for and
obtained yesterday the appointment of
temporary administrator of the estate
that its assets might be conserved
properly pending the Strengthening out
of the fangle.
Mr.. Brewer in an affidavit said that
not only would there be a delay in the
probate proceedings because Of the abb
sence abroad of Mrs. Caruso, but that
Ia Lar haop ,rfor,,s a hty of q
Eve children of Mr.. Benjamin that they
would contest the probate of the will
on the grounds of undue influence and
lack Of testamentary capacity at the
time he executed the document in May,
1920.
"Deponent verify believes said Mr..
Brewer, "the probate proceedings will
be contested, as the result Of which a
long delay will necessarily ensue be-
fore final adjudication" Mrs. Caruso
is expected back in this country in
October. Should she decide to prolong
her visit abroad it will be necessary
to serve her with citation by mail and
possibly by publication. Mr.. Brewer
said that Mr.. BENJAMIN left real estate
valued at about sos, 900, which brings
in rental Of $4,000 a year, and that
his personal properly, consisting OF
securities, paintings, books and other
articles, is valued at not more than
$3e0,o The income from the stocks
and bonds Mr.. Brewer fixed at about
$4,000 year.
Repeated Assertions
Mr.. Benjamin, in his will, said he
left each Of his FIVE children 81, be-
cause of their unfilial conduct toward
him, while to Miss Anna Bolchi Ben
jamin, whom he adopted in 1919, in the
face of bitter opposition by his chill
dren, the lawyer left $4,000 in cash,
paintings, books ard other personal
property and also the principal of the
residuary estate upon the death of
the widow, Mrs. Ida E. Benjamin, who
is to have the life income from the
residue.
Mrs. Benjamin is a patient in a sani-
forum at Goshen, n X. About year
after he made the will disinheriting
his children, Mr.. Benjamin made an
affidavit in anticipation of an attack
on his will, in which he confirmed all
the details of that instrument. Miss
Bolchi, said to be about forty years
old, formerly was a governees in the
family of William r. Benjamin, a
brother Of Park Benjamin. Later she
became a companion Of Miss Dorothy
Benjamin, now Mrs. Caruso.