The New York herald., 1922-01-27
Residue Of Estate at Stake
i'm Suit by Widow and
Daughters.
FOURTH SHARE INVOLVED
Judges Wife Had Been Con-
sidered Best Fitted to Carry
On BarytOne's Ideas.

Mrs. Caroline Russell Bispham and
Miss Leona A. Carnegie BispEam,
widow and daughter of David s. Bis
pham, barytone. filed in the Surro-
gates Court yesterday contest Of
the will in which he left quarter of
his estate to Mrs. Henrietta Muller
Ten Eyck of Newark. They requested
that she devote some part of 1t to a
memorial to him.
Filed with the will is power OF
attorney to Henry B. Culver from
Mr.. Bispharh's other daughter, the
Countess Vida Daddi- Borgheri of
Florence, Italy. The power of attor-
ney empowers Mr.. Culver to represent
Although from the face of the docu-
ment it might appear that its signer
was not in sympathy with the contest
by her mother and sister 1t was stated
that it had been thought best for her
to give Mr.. Culver plenary powers on
account of her dis-ant place OF resi-
dence
Deny VIII Was His Last.
Mrs. Bspham and her daughter OBJ
ject to each of the four disposing clauses
of the WILL They also say the docu-
ment was not his last will. that it was
not legally executed and that it was
not his free uncons:l aimed and voiun-
tary act.
II. f1..A
three-quarters Of the estate be divided
between his wife and daughter. is OBJ
jected to on the ground that 1t is con-
trary to law. The three others. which
provide that the remaining fourth of the
apparent estate, exclusive of the resi-
due. shall go to Mrs. Ten Eyck, and
that the residue shall go to her, and
| that the wife's share is in lieu of dover,
are objected to on the ground tnat they
are against public policy and agains!
| the law.
The expression against the law as
! used I'm objections to Wills mean,
usually that will or clause do IS not
conform to the statutes requiring tina.
a decedent must make certain provisions
for his natural dependents, or that his
will has not been executed in statutory
form.
Family Long Had Income.
Mrs. Bispham and Miss Bispham have
lived for several years at the Rosemary
Inn at Stamford, Conn.,. but Mrs.
Bisrham lived apart from her husban nd
continuously after 1905. when he started
suit for divorce in London. The case
was dismissed. but he made provision
for her and their children by arranging
that they take all the income of a trust
fund of 100000 created for his benefit
in the will OF his grandfather, David
Scull. of Philadelphia.
He had power under his grandfather's
will to dispose of the principal of the
trust fund in his own will and 1t
was stated that 1t formed the principal
asset of his estate.
The residue of the estate, according
TO Mrs. Ten Eyck and Job Il. Hedges,
who are his executors, consists princi-
pally of his music library and such
objects as an artist is likely to accumu-
late. some of them valuable and some of
them of no money value.
Mr.. Bispham died in October and his
will was filed in November. Ii was
explained then that his friendship with
Mrs. Ten Eyck and her husband was of
many years standing and that he had
made her one of his executors as she
knew better than any one else of plans
he had for the future of American
music. Sh5 is the wife of Jay Ten
Eych. formerly Judge of the Court of
Common Pleas in Newark.