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Osborne Says Chinsky Data Was Altered

April 3, 1934
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Albert S. Osborne, handwriting expert, was a witness yesterday for Adolph Feldblum, attorney, who represents two nephews of the late Meyer Chinsky, Hebrew book publisher, who are contesting Chimsky’s will before Surrogate George A. Wingate in Kings County Surrogates Court. The nephews, Meyer Simon and Simeon Lazarowitz, live in Jerusalem. Chinsky’s will was made in Israel Zion Hospital at 12:30 A. M., April 7 of last year, and he died at 2:40 A. M.

Osborne was questioned closely by Feldblum regarding the hospital records introduced into the evidence and the will itself. His replies, adduced after a microscopic study of the handwriting, made clear that the signature of the will was written under unusual conditions with the hand of another party guiding Chinsky’s hand, making the writing of the signature difficult.

“It is not an imitation of the signature,” testified Osborne, “but a natural result of a guided hand by one who is performing the whole writing operation of another.”

Previously Dr. Aida Sloan, medical supervisor of Israel Zion Hospital, and one of the subscribing witnesses to the will, had testified on the stand that she had supported Chinsky’s arm between the wrist and elbow as he signed his name to the will. She also admitted that she had handed a pen to him.

FOUND ERASURES

Osborne also testified that he had found erasures in some of the hospital records concerning Chinsky’s condition. He also found an erasure of the letter “M” in the will, he said, made with a sharp instrument. It showed an abrasion of one stroke of the letter “M,” and the erasure forms a furrow in the paper, he said.

In Dr. Sloan’s name as a witness of the will the “M” in the M. D. following her name was of the same general design as the name “Meyer” on the will, Osborne testified.

The handwriting witness also spoke of overwritings and changes which he charged were made in entries of hospital records concerning Chinsky’s condition.

Osborne was closely questioned by Carl Sherman, representing the proponents of the will, which left sixty per cent. of Chinsky’s publishing business to the hospital, and $500 each to the nephews. There was a long discussion between Sherman and Osborne about the handwriting.

Over Sherman’s objection Surrogate Wingate permitted Osborne to answer the following question put to him by Feldblum:

“In your opinion, Mr. Osborne, whose muscular force dominated the signing of the will?”

Osborne answered, “It was the dominating force of the one who was assisting him as he signed the will.”

An interested spectator at the trial was Rabbi Simon Glaser of Manhattan, who by the terms of the will was appointed executor, with wide discretionary powers, since he can distribute as he sees fit the forty per cent. remaining of the publishing business among institutions in the United States and Palestine, plus the residue of the estate.

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