Mrs. Amy T. Lucrati, who says that her home is in San Remo, Italy, through her attorney, John S. Wise, Jr., of this city, yesterday started suit in the Surrogates' Court here to compel the estate of Benjamin Guggenheim to pay her $7,500 yearly for life. Mr. Guggenheim was lost with the Titanic on April 15, 1912.
The suit took the legal form of asking that the executors, Isaac, Daniel, and Morris Guggenheim, brothers of the decedent, be compelled to file an accounting. Mr. Wise filed an application that a citation be issued by Surrogate Cohalan directing the executors to show cause on Sept. 24 why the accounting should not be filed.
In her application Mrs. Lucrati recited that she was a creditor of the estate "by reason of an agreement in writing, dated May 4, 1907, between your petitioner and Benjamin Guggenheim, deceased, wherein Benjamin Guggenheim agrees and binds himself and his estate to pay your petitioner $7,500 per annum in semi-annual installments on June 30 and Dec. 31, in each and every year until the death of your petitioner, beginning June 30, 1907."
Three years had elapsed, the petition stated, since Mr. Guggenheim's death, and the executors had rendered no accounting of the estate.
No mention of Mrs. Lucrati was made in Mr. Guggenheim's will. That instrument left an aggregate of $115,000 to charities and divided the estate up into several parts for the benefit of relatives. The widow, Mrs. Floretta S. Guggenheim, who lives at the St. Regis Hotel with her three daughters, the Misses Benita R., Marguerite S., and Barbara H. Guggenheim, received $50,000 in cash, the town house, all the testator's jewelry, and one-third of the residuary estate, the latter item being left in trust for the life benefit of the widow, who has power of disposal at her death.
There was also provision for a trust fund of $275,000 for the benefit of near relatives of the decedent, and the rest of the two-thirds of the residue went in equal shares to the three daughters.
At the law offices of Seligman & Seligman, attorneys for the Guggenheim estate it was said yesterday that nothing was known of Mrs. Lucrati. In her petition she recited that she was born Amy Goldsmith, was formerly Amy Tuska, and that her present husband was Agostino Lucrati of San Remo.
The petition filed yesterday was signed before a notary in Paris on July 23, 1915, by Mrs. Lucrati.