11 Sep 1908 Ellwanger Will Contest D&C 2

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11 Sep 1908 Ellwanger Will Contest
WOOLDHEARWHAT IS OWED TO BANK ELLWANGER PROTESTORS HOPE? FOR ANSWER TO-DAY. TO-DAY. TO-DAY. DIRECT QUESTION IS OVERREED Counsel for Both Sides ol Argument Agree to Wait for Accounting ta Be Made This Morning Bank Official on Stand in Afternoon Early adjournment waa taken yesterday afternoon in the hearing of objections to the issuing of letters testamentary to William William D. EHwanger on the estate of hia father, the lata George EUwanger. Th examination of Bookkeeper Charles F. Ma loy had been concluded for the time being and Robert C. Watson, secretary of tha Rochester Trust and Safe Deposit Company, Company, waa on the stand when the abrupt breaking off of the proceedings took place. One of the counsel for tho protesting heir had asked Mr. Watson a pointed question about the relation of William D. Ellwanger to the Rochester Trust and Safe Deposit Company, which waa quickly objected to by Edwin A. Nash., The Surrogate ruled that the objection should be stisfniued and thereupon followed followed a long discussion in which counsel for both aides ttxik part. At length John Desmond announced that a statement of William D. Ellwanger' indebtedness to the hanking institution would be prepared and submitted to-day to-day to-day aud asked that the hearing be adjourned to allow of its preparation. Surrogate Brown granted the request and it waa agreed to hold the) next session at 10:30 this morning. The Surrogate asked attorneys for both sides whether it would be convenient to hold sessions of the hearing on Monday, and all signified their willingness to b In court on that day. Mr. Watson wtis excused with the information that his presence would not be required at to-dny's to-dny's to-dny's continuation of the hearing unless he should receive special notice. At the time the court adjourned Wednesday afternoon the question of the admissibility of evidence showing Giorgt JMlwangers acquaintance with the stnt-t stnt-t stnt-t of his bank account during hia last Illness Illness was left in the air, pending a deeis-sion deeis-sion deeis-sion by ilie Court. Yesterday Surrogate Brown ruled that Mnloy might inform the Court whether be had informed the eider Ellwanger of the status of his bunk ac count in the presence of 'William D. Ftl- Ftl- wanger. Malloy testified that be never had done so and-a and-a and-a few niinmes later said thnt he never" had discussed the bank ac count with the testator at all. That disposed disposed of the vexed question. The examination of Mr. Malloy con tinued well into the afternoon. He continued continued to testify to the drawing of checks in favor of William D. Ellwanger and George H. Ellwanger during the illness of their father, and was at last excused to make way for Mr. Watson. The question which brought nbout the adjournment was asked by Mr. Desmond, who requested Mr. Watson to inform the Court as to the amount which Will'am I). Ellwanger, at the present lime, owes the Rochester Trust and Safe Deposit Company. The question was not answered. answered. A conference between both parties brought about titrgreenient to pro duce an answer in modified form to-day. to-day. to-day. It had been expected that the henring would reach a stage yesterday when William William D. Ellwanger would take the stand and testify personally as to his relations to his father's estate while he wits acting acting under the power of attorney granted in his father's lust illness. Such action will probably be taken at a later session. Another and a new point which may come up for consideration in I he hearing is the matter of the validity of the p.iwer of attorney under which William D. Ellwanger Ellwanger acted. The argument will probably probably be based on the alleged incompetency of the elder Ellwanger at the time when the power of attorney went into effect,

Clipped from Democrat and Chronicle11 Sep 1908, FriPage 14

Democrat and Chronicle (Rochester, New York)11 Sep 1908, FriPage 14
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  • 11 Sep 1908 Ellwanger Will Contest D&C 2

    Dianaajohnson – 03 Dec 2016

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