New-York tribune., 1922-08-30
Children Plan
Fight to Break
Benjamin Will
Mrs. Dorothy b. Caruso,
Brothers and Sisters Will
Probably Contest Testa.
ment Leaving Each ST.
Ward Is Main Beneficiary
Former Governess Gets
Much of Estate; Testator
Charges Unfilial Conduct

Though no announcement came from
those affected, it appeared probable
last night that an immediate contest
will be begun of the will of Park lB en-
lamin, eminent patent lawyer, naval
expert and scientist, which cut off his
five children, including Mrs. Dorothy
Benjamin Caruso, widow of Enrico Ca
ruso, with 81 each and made Miss Anna
nj. Bolchi virtually the principal bene-
ticiary of his large estate.
The will was placed on file in the
Surrogates' Court yesterday, and in
view OF the disposition made of the
estate and the known hostility of the
testator's family. to the adoption by
him of Miss Bolchi, formerly employed
as a governess in the Benjamin family,
there is every prospect that there will
be bitter contest over the probate
of the instrument in it's present form.
1t even is possible that the legality of
the adoption of Miss Bolchi, which was
effected in Wilkes Barre, Pa, in De-
cember, 1919, will be attacked, the chill
dren Of Mr.. Benjamin having been op-
posed vigorously to the step when he
adopted the former governess as his
five months after the adoption
C0u w dG "a, Il. 4 ScIKednL
The Benjamin children who are dis
inherited besides Mrs. Caruso, whose
address is given as Venice, Italy, are
Romeyn P Benjamin, of Is East Ninth
Street, who was sergeant in the A.
E. f.. and received Distinguished
Service Cross; Miss Gladys Benjamin,
104 East Eighty-frst Street; Park
Benjamin jr, 229 East Sixty eighth
Street, and Mrs. Marjorie Clark
Plainfeld, N. J.
Mr.. Benjamin said he made no fur
ther provision for his sons and daugh-
ters than the nominal bequests II 81
each, because of their long continued,
persistent, undutifuI and unflial con-
and careful deliberation and not be-
caused any one act seyerally or Jointly
performed but Of all the acts done by
each individual. They have never ap-
peared to recognize that they had any
duties to me as their father, despite
the fact devoted the best years of my
life to their care and support
Charges Ingratitude
! ~ have had in return only ingrati-
tude and no help in supporting the
many and heavy burdens which | had
| to bear. / consider it my right to
dispose of my estate to those who
have acted less like children than as
parasites, and who have defied me
| under threats of contest to make any
disposition of my said estate other
| than to themselves"
To Miss Anna Bolchi Benjamin, who
took the family name Of the testatoi
when he adopted her, Mr. Benjamin
| bequeathed 100000, paintings, furnl.
ture, his library, with its hundreds Of
| L. l.. IL. - ty oil he
| contents Of the decedent's residence q,
| 27O West Seyenty-third Street, which
| also is the residence given for the
adopted daughter.
Portraits Of Mr.. Benjamin's father
grandfather and grandmother are ex
cepted from the foregoing, these pic
lures going to the New York Historl
| cal Society. Mr.. Benjamin created 9
| trust Of his residuary estate and pro.
| vidcd that the income from this shal
be paid to his. widow, Mrs. Ida r
| Benjamin, now a patient in SAM
| tarium at Goshen, N. 7 :, during nel
Iiife. Upon the death Of Mrs. Benjamin
I the residue, too, goes to Miss Anna
Bolchi BENJAMIN.
Recalls Wards Devotion
| In contrast to the words of bitter
ness with which Mr.. Benjamin ar
raigned his own children is his expla,
nation Of his bountiful treatment Of
Miss Anna Bolchi Benjamin, which, he
said, is "in loving remembrance Of hel
| filial devotion to me while a resident
| of my household for over ten years.
Other bequests made by Mr.. Ben,
| jan,in were the property at 974 East
| Eighteenth Street, Brooklyn, to Ger
trude d. Porter, "in recognition OF
| her long and faithful service in my
employ" and to Mary T. McGarry, $2,.
500, also for faithful service. Miss
Susan e. Benjamin. Of Pert Jervis
oueathed for the maintenance of two
grandchildren. John Clark and Marjorie
! Clark.