Evening star., 1948-11-22
Mrs. Gizycka Granted
Delay in Testimony
Due 10 disqualification

DUV " llVSSiiOlIkOtIVSl
| Mrs. Felicia Gizycka, daughter of
Mrs. Eleanor Patterson, has been
hospitalized in New York and may
have to undergo a major operation,
District Court was informed today
Mrs. Gizycha, who is contesting
her mothers will, was to give testi-
mony under questioning of at
torneys for Mrs. Patterson's execu-
tors here tomorrow.
Counsel for Mrs. Gizycka asked
District Court Judge James w.
Morris to postpone the taking of
Mrs. Gizycka's disposition until
January II, 1949. but Judge Morris
signed an order postponing the
disposition only until next Monday.
The judge said he did not have
enough information at this time to
postpone it further and it was
agreed by the attorneys that they
will check on Mrs. Gizycka's condi-
ton before next week.
Submits AFFIDAVIT.
William A. Roberts, counsel for
Mrs. Gizycka, gave the court an
AFFIDAVIT from DR.. Martin De Forest
Smith, saying Mrs. Gizycka is suf-
fering from "paroxysmal hypo-
glycemia. manifested by periodic at
tacks of faintness and dizziness
When Judge Morris observed he
didn't know what that disease was,
Mr.. Roberts said it meant shortage
of sugar in the blood which results
in fainting and nervousness.
DR.. Smith, in his affidavit, said
the symptoms first appeared about
two years ago when Mrs. Gizycka
was under the care of another doc
tor, and recently the symptoms have
become worse.
ION or about November I, I ad-
vised her to go to hospital for in
tensive tests and observation. fear
ing she may have pancreatic
tumor, which would necessitate a
major operation"
Condition Heightened by Suit.
DR.. Smith said that after Mrs
Gizycka was informed that she was
supposed to appear here next Tues
day. " advised her that while it
was physically possible for her to
make the trip and to submit herself
to examination I would consider it
medically unwise for her to do So"
Her condition" the doctor added.
"has been accentuated in recent
months by nervous strain and
anxiety arising out of the suit in
which she is engaged, and in my
opinion the ordeal Of an examina-
ton would still further aggravate
her symptoms"
The doctor estimated that the
tests which she will be given in the |
hospital will take about one week.
If a tumor is found, the doctor de-
clared in his afddavit( she will then
be operated on and will have to re-
main in the hospital for approx
imately three weeks. after which she
will need a week or two of conval-
escence at home, depending upon
her condition.
Cites Aim to Embarrass.
If no tumor is found, the doctor
said, Mrs. Gizycka should be in a
position, after few days of regain
ing her strength at home, to have
her deposition taken provided that
all goes we'll and that no complica-
tions develop"
Mr.. Roberts showed the court a
telegram from Lloyd K. Garrison,
New York attorney for Mrs. Gizycka,
that she entered Presbyterian Hos
pital in New York last Saturday.
In arguing for an extension of
time until January II, Mr.. Roberts
also contended that the deposition
might be "for the purpose of en-
barassment and irritation" and that
his client is not armed with all the
information she should have.
Judge Morris brushed that argu-
ment aside with the comment, II
don't understand that at all. If
you have reason to believe people
have information you should have,
there Is no reason you should not
seek that information"
Trial Set December 6.
Judge Morris agreed with William
E. Leahy, attorney for the executors
of the late Times-Herald publishers
estate, that the doctors afddavit
shows justification for postponing
the deposition for a week but that
no further postponement can be
granted until results Of the medical
tests are known.
Mrs. Gizycka is contesting DISPOSE
ton of her mothers $16,500, 900 es-
tate on the grounds that her mother
was of unsound mind and that the
will was obtained through fraud,
deceit and undue influence. The will
left the Times Herald to seven of its
executives and provided Mrs. Gil
zycka with a $4,000 annual income
and some property.
The case has been set for trial
December 6. but is not expected to
oo In trial until next February 0r