Evening star., 1948-12-04
Trial Of Will Contest
On Jan. 81 or Later
Asked byMrs. Gizycka
J. Douglas Bradshaw.

Attorneys for Mrs. Felicia Gizycka
today asked District Court not to
speed trial of her suit to set aside
the will Of her mother, Mrs. Eleanor
Patterson, merely because more
dollars are involved than in the
average case"
Executors Of her mothers estate
have petitioned the court to bring
the case, involving an estimated
fortune of more than $4,000, 900,
to trial January 5. Mrs. Gizycka S
motion today charged the executors
are seeking an early settlement to
keep Mrs. Gizycka from having
benefit of existing evidence.
Filed through Attorneys William
A. Roberts and Harold M. Kertz,
Mrs. Gizycka's motion asked the
court to set a trial date not earlier
than January 81, 1949.
THE facts and circumstances in
this case," Mrs. Gizycka's motion
declared, "are not so peculiar or
unusual as the caveatees executors
Of the estate) would have it appear
so as to warrant the court in giving
to this case precedence over other
cases filed long before and now
awaiting their turn for trail. Ger
tainly this case should not be given
precedence because more dollars are
involved than in the average case"
Hardship Contentious Denied.
Mrs Gizycka's motion fatty denied
the contentious of the executors that
delay in admitting Mrs. Patterson's
will to probate imposes costly and
unnecessary hardship on the col
lector for the estate.
"It is contended," her motion said,
that the vesting of the Times
Herald in seven executives has been
delayed and therefore trial should
be accelerated.
"It appears from the various re-
ports filed by the collector in respect
to the operation of the Times Her
aid that under its guidance and
management for the period begin
ming July "a and ended October 80,
194S, the proprietorship account,
synonymous with the capital and
surplus account, has been increased
by the net amount of S223, ,990."
Pointing out that the extent and
value of the properties left by Mrs.
Patterson have not been ascertained
and no inventory Of her personal
property has been filed. attorneys for
Mrs. Gizycka said it is vital to their
case that more time be allowed tpr
them to interview witnesses and
conduct necessary investigations.
"Wittingly or unwittingly the Ca
veatees have attempted to create the
impression that the caveat was filed
for the purpose of harassing the
caveatees, delaying the administra-
ton of the estate and incurring
needless cost" Mrs. Gizyska's mo-
ton asserted. Nothing could be
further from the truth"
Annuities Delay Disputed.
1.-THE caveatees have attempted to
frustrate our efforts to proceed with
due dispatch and opposed all at
tempts to expedite preparation OF
the case for trial"
The contention of the executors
that delay prevents payment OF
annuities to pensioned Times-Herald
employees sis likewise without merit, !"
Mrs. Gizycka's motion asserted. 1T
is grossly unfair to impute to the
caveator a result provided for by
statute. The caveator resents the
attempt to shift to her the obliga-
ton to take steps necessary under
law to alleviate this situation.
mo known reason exists as to
why former employees Of the Times
Herald WHO were pensioners at the
time of the death of Eleanor Patter-
son should not now be receiving
pensions"
Mrs. Gizycka's motion said she
will Join in any "well-considered
effort to alleviate established claims
of hardship"