The New York herald., 1922-08-30
PARK BENJAMIN LEFT
81 TOMRS. CARySO
Also Cut Off His Four Other
Children as 'Undutiful'
and Parasites
ADOPTED DAUGHTER HEIR
Anna Bolchi Benjamin May
Get Nearly 100000 After
Trust for Widow Ends.

The five children of the late Park
Benjamin. including Mrs. Dorothy B.
Caruso. widow Of Enrico Caruso, have
been virtually cut off from their
fathers estate by the terms of his
will, which was filed for probate yes
terday. From an estate which is said
to be valued at approximately $780,
900 each receives 81. The children
will contest the will.
Miss Anna Bolchi Benjamin, who
was adopted by, Mr.. Benjamin in De-
cember, 1919, and for seven years was
member of the household, may
eventually receive all but about s32,-
500 In cash and certain real estate
and oil paintings, If the will is sus-
tained as drawn. The residuary es-
tate, which is believed to comprise the
bulk OF the property left by Mr.. Ben
jamin. is left in trust for his wife,
Mrs. Ida e. Benjamin of Interpines,
Goshen, N. Y. At her death 1t is be-
queathed. with any other trusts which
may have lapsed. to Miss Anna Ben
jamin absolutely and forever"
Speaking for his brother. Romeyn. and
three sisters, who are understood to be
united In opposition. Park Benjamin, Jr..
said last night at his home that probate
of the document VIII be contested. He
Indicated that the financial provisions of
the will did not evoke such surprise as
his fathers language in explaining the
virtual dlsinheritances of his children
That his father should be $50 vindic-
tive" he said. was not expected.
AssaiIs His Children.
Writing the document by his own
hand. Mr.. Benjsmn, Sr.. dismissed his
children with single bequest because
of their long continued, persistent. un-
dutiful and unfaithful conduct toward
myself"
II conceive II my right" he wrote. ito
dispose OF my estate TO those who have
aided, comforted. and assisted me rather
than to those who have acted less as
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"
The will was drawn May II. 1920.
when, In Mr.. Benjamin's own words, he
was "of sound mind and memory" in
bodily health and actively engaged in
the practice of the law"
Miss Anna Bolchi BENJAMIN. the
largest apparent beneficiary. receives
$4,000 in cash and variety OF per-
sonal property, including a piano and
pianola. paintings and pictures. furni-
ture jewelry and Mr. Benjamin's library.
both In his home at 270 West Seventy
third street and in his Office at 165
Broadway.
Mrs. Gertrude IT. Porter. who Is said
to have been Mr.. Benjamin's confidential
secretary In his law Office. receives
$4,000 In cash and premises at 974
Fast Eighteenth street. Brooklyn. Miss
May t. McGarry OF Paterson, y. j.. who
is said to have been typist in the Ben
jamin office. gets s2.500. according TO
the will. Both bequests are made ''in
cordial recognition OF long and faithful
service
Mr. Benjamin left $1,000 In trust for
the benefit of his sister. Miss Susan
Edith BENJAMIN OF Port Jervis, N. Y.
and $4,000 in trust 10 Mrs. Jerome A.
Peck for the maintenance and education
ard support OF his grandchildren. John
Clark and Marjorie Clark.
oil paintings Of his father. grandfather
and grandmother were hequeathed to the
New York Historical Society.
His Adopted Daughter.
The following clause--the sixth--con-
tans the bequest to the five children.
Mrs. Frederick w. Goddard OF 104 East
Eighty-irst street, Mrs Marjorie Clark
A ar 1T. 81. n~f.I -
J. Mrs.tDorothy Caruso OF Venice Italy /;
Park BENJAMIN. Jr.. OF 22s East Sixty
eighth street ard Romeyn ?. Benjamin
Of i3 East Ninth street. After mo king
the 81 bcqucst the testator wrote:
This ! do after mature ana careful
deliberation and not because of any one
act severaliy or jointly performed by
the aforesaid my children. but OF all che
acts done by each individually whether
different from or similar to those OF any
other or all OF the others which make
up the total sum OF their flal relations
toward myself.
They have never appeared to recog-
nize that they had any duties to me as
their father despite the fact that to the
best of my ability l have done my full
duty by them and have devoted TO their
care and support che best years of my
life. ] have had In return only in
gratitude and no help IN supporting the
many and heavy burdens which I have
had TO bear"
The United States Mortgage and
Trust Company Is appointed executor
and trustee. The witnesses to the exc
cution of the will were Agnes Wolfe
Peck OF Mahopac. Jerome "A. Peck OF
Lake Mahopac and Albert j. Wilson
OF 273 West Seventy-third street. The
document was filed by Patterson. Eagle,
Greenough & Day OF 12O Broadway.
Mr.. Benjamin died at his country home.
shippan Point, nsRr Stamford. Conn.
August I'll.