The New York herald., 1922-08-31
PARK BENJAMIN HEIR
TO Fight CHILDREN
Adopted Daughter Tells
Lawyer She Thinks De-
fense of Will a Duty.
MRS. CARUSO COMING
Brothers and Sisters Won't
Take Any Action Until
She Arrives.
CONTEST WAS EXPECTED
Testator's Attorney Explains
H. 4 . 4
CONTEST WAS EXPECTED
Testator's Attorney Explains
Precautions Taken to Meet
Legal Objections.

CIiidllOls- Sdlu MISS Nina polCili
Benjamin yesterday TO her attorney.
Arthur L. Pullman, 3o2 Broadway. Il
would not fight a contest, of my
adopted fathers will.
Il would be very much more COM
Portable had the will not cut off the
five other sons and daughters of Park
Benjamin. Personally / regret that 1t
has caused this apparent bitterness.
But it was not my will. 1t was Park
Benjamin, my foster fathers. will, and
I would be doing less than my duty
to him were / not to fight any efforts
Of those who cannot agree with it to
break it."
$50. naturally said Mr.. Pullman
after telling reporters how his client
felt about the disposition that Mr..
Benjamin made of his half million
dollar estate, I'VE are prepared to ac-
cept any challenge to fight"
Park Benjamin, father-in-law OF the
late Enrico Caruso. cut off his Ave sons
and daughters with 81 each. He gave
as his reason the alleged failure of these
children to recognize that they had any
duties to me as their father Yesterday
it developed that this Anal will was the
sixth that Mr.. Benjamin had drawn and
had caused to be drawn for him. Park
Benjamin, Jr., purposes contesting the
will because of "testamentary inca
pacity, undue influence and other
grounds"
sixth VIII Drafted.
"One after another, Mr.. Benjamin
destroyed Wills until finally nve were
discarded" continued Mr.. Pullman "In
April. 1920. Mr.. Benjamin asked me to
draft him a sixth will. He seemed to
be more or less bitter toward certain
of mis- children. but in the document
drew up for him there was no mention
Of this dollar bequest
II handed him the WILL which was as
II appears in the Surrogates' Court. minus
the sixth clause. He read 1t over and
told me that he would take 1t home
and study 1t. He mulled over It for
three weeks and told that he had
decided 20 copy II off in his own hand
writing.
There was ample reason. Of course.
for his decision to have 1t in his own
handwriting. He probably foresaw a
contest. Any one knowing Park Benja-
min would realize how absurd any con-
test on the grounds of questionable san
ity would be. However, he probably
foresaw just what Is about to happen
and he copied off the document | drew
up But he inserted that sixth clause
himself / know nothing about that
clause in which he sets forth his rea-
sons for cutting off the FIVE children
with dollar each. | confess | was
greatly surprised for 1t was my opinion
that he had clung to the text / had
written
However. he went further and had
doctors attest to his mental competency.
Estate Put mt 100000.
The whole thing is lamentable. The
estate amounts to about $4,000, and
seldom has there been so much fuss
about an estate of that size. Miss
Anna Bolchi Benjamin telephoned me
to-day and has voiced her opinion as
/ have told you.
1T seems that every time Mr.. Ben
jamin and his five children disagreed
he and they became more cstranged.
These scenes caused him to draw up
new wills. Finally after he adopted
Miss Bolchi in the Pennsylvania courts
he had me draw up this final docu-
ment into which he inserted hat sixth
clause.
"To be utterly frank. Mrs. Benjamin
is an epilcptic. 1t was not stated In
court that she had any objection to the
adoption OF Miss Bolchi. / do not know
whether her condition has ever been such
as TO make 1t possible to tell her OF the
adoption. But there was such a furor
about 1t all that Miss Rochi demanded
that we drop the whole proceedings.
However, Mr.. Benjamin was made
more determined by being baked in New
York and asked me TO look up the Penn
sylvania law. with the result that, six
months later. we went TO that State and
had the adoption made matter OF court
record.
"Finally II should be understood that
the adoption Of Miss Bolchi has in no
way affected Mrs. Benjamin. Mrs.
BENJAMIN receives far more than her
mere dover rights in the estate. Sha
receives far more than she ever will be
able 10 use. She is provided with every
comfort and every care.
I'VE regret that a fight appears to be
forced upon us. Mr.. Benjamin was a
splendid gentleman and my friend. We
shall endeavor TO carry out his wishes.
Every dollar he possessed was an earned
dollar. He never speculated and did no
stock Juggling. He was n capable law
yer and made his money by his own
brainwork."
Under the terms OF the will Miss Anna
sssasi BENJAMIN receives $4,000 out
-.sht end all Of the Benjamin property
8. ITO West Seventy-thlrd street Upon
the deacn OF Mrs. Benjamin she receives
the residue OF the estate. The United
Mortgage and Trust Company, the ex-
ecutor OF the will. obtained an order
Yesterday from Surrogate Foley appoint
Ing Il as temporary administrator for
the purpose OF conserving the assets
pending the contest. The petition set
forth that the income from the real
estate owned by Mr.. Benjamin would
amount to about $1,000 a year and from
securities 10 about $4,000.
Anna Bolchi Benjamin IT, now Mt the
benjamin home on Shippan Point. out
side OF Stamford. Conn. She refused to
see reporters yesterday and ran from
the lawn into the house when one Of
them approached her She tclephoned
for Mr.. FDilman late in the afternoon
and he Joined her In Stamford.
"She viii have nothing to say now or
al any other time" said Mr.. Pullman.
Park Benjamin. Jr.. declared that he
and his brothers and sisters had decided
10 put off any further announcement OF
their plans until Mrs. Dorothy Benjamin
raruso arrives from Italy. She has no.
t... . tkut elxn ..sffI fo.