15 Sep 1908 Ellwanger Will Contest D&C
HEARING ON PROTEST OVER UNTIL THURSDAY Ellwanger Probe Postponed by Surrogate Brown. The hearing on the protest made by heirs of the late George iOilwanger against the issuance of letters testamentary on Mr. Ellwanger' estate to his son, Wit-liam Wit-liam Wit-liam D. Ellwanger, was adjourned yesterday yesterday afternoon until 10:.'lt) Thursday morning, morning, when the examination of William D, Ellwanger will he resumed. Several lawyers lawyers for both sides of the controversy had other business which they wished to attend to and, as the Surrogate announced that he intended to adjourn the session at 3:45, it wag thought best to put the hearing hearing over. Bookkeeper Charles Mnlloy, who is supposed supposed to have a more intimate knowledge of the affairs of the estate than any other person not directly interested, occupied the witness stand about twenty minute after the opening of court yesterday morning. morning. He told of the amount of stock in various corporation held by William D. Ellwanger and wa excused. William D. Ellwanger himself, when he took the stand, waa asked to explain an apparent reluctance which he is said to have shown when asked about the advances advances which his attorneys admit were received from his father's estate. He said that he had never sold the contestant contestant or their attorneys that the disputed sum of $S7,tKXJ was repayable by him to the estate and that he had never authorized authorized anyone else to convey such information, information, Mr. Malloy, he added, had testi-nd testi-nd testi-nd on the same poiut during the contest proceedings. Lafer in his examination, Mr. Ellwanger Ellwanger said that. Mrs. E. S. Ellwanger had been practically excluded from family councils after l!Hrj. He advanced no reason for this exclusion and was reticent when asked about other family affairs, Before adjournment Mr. Ellwanger was asked to relate the substance of a conversation between himself and his brother, George II. Ellwanger, alleged to have beeu held shortly after the execution of his father's will, A dispute arose among the attorneys as to whether Mr. Ellwange.r's testimony on this point wa admissible and Surrogate Brown, after arranging for the adjournment, said that he would reserve decision" on the objection objection until Thursday morning.