03 Jul 1907 Ellwanger Will contest D&C
HEW MOTION IN ELLWAHGERCASE ORDERiFOR TEMPORARY ADMIN ISTRATOR WANTED. TO ACT DURING CONTEST ON WILL Powers Hotel Saved from Sala at Auction by Court' Action, and Heir Want to Remove Necessity of Going to Court for Orders On petition of Laura B. Otis, a daughter daughter of the late George II. Ellwanger, Attorney Attorney W, A. Sutherland appeared before Surrogate Brown yesterday and moved for an order to show cause why tlie. Rochester Rochester Trust nnd Safe Deposit Company should not be appointed temporary administrator administrator of the estate of George. Ellwanger. Thepetition is verified by Alexander Otia, law partner of Mr. Sutherland and husband husband of the petitioner, who Is still in the South, wheTe she has been since last fall on account of ill health. This is regarded as an important move in the Ellwunger will contest. It is made tinder section 2.H70 of the Coda of Civil Procedure, which provides that a temporary temporary administrator may be appointed to care for an estate on the application of any party in interest, or creditor. George EllwRiiger died November 2tJth last, and shortly after the filing of tha will for probate a contest was begun ovee ore of the codicils. The contestants have not yet presented all their evidence, their case having been adjourned to September Oth. The value of the estate is estimated at 1,500,01 a), mostly invested in securities, upon which dividends are accruing all the time. It was explained in the application for the order tha.t there is no one to look after these matters with the exception of the executor, William D. Ellwanger, whose title is disputed, and who lias no authority from the court to act. At present everything that is done with reference to the disposition of any part of the estate must be done by court order. An interesting instance in point was the recent re incorporation of the Flower City Hotel Company, owner of the Powers Hotel, Hotel, in this city. When the incorporation expired the proposition was made to the shareholders thnt they exchange their holdings holdings for shares in the new company. This was agreeable to all. It was found, however, that the Ellwanger Ellwanger estate had 250 shares. The Court stepped into the breach and ordered ordered that these shares be exchanged for equal value in the new company. Had not the Court taken this action, it is said that Powers Hotel would have to be gold at auction. With a temporary administrator, administrator, it was pointed out, the necessity of going to the court for orders every time a move is made would be removed. The attorney for the petitioned yester- yester- duy explained that there was uo objection to William D. Ellwanger as executor; in .fact, the petitioner had the utmost confidence confidence iu him. But the contest over tha will is likely to be indefinitely prolonged and the rule is that a temporary administrator administrator be appointed, other thun the executor. executor. The Rochester Trust and Safe Deposit Company will not be required to furuiso a bond, the attorneys declared. The Ellwanger Ellwanger estate is a large stockholder In the company. Citations on the motion wer issued yesterday and served on William D. Ellwanger, Ellwanger, the executor; Julie Ellwanger. sister sister of the testator; Margaret and Helen D. Ellwanger, contestants of the codicil. It will come up for argument on July 12th. It was explained thut the move yesterday yesterday does not . affect the executor's rights, and if the order is granted, the administrator administrator will act only during the pea-deucy pea-deucy pea-deucy of the contestt.