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PROBATE REfUSED VANJESS WILE Surrogate Fowler is Severe in Speaking of Third Mrs. Van Ness. ^ ^ — DOUBTS TRANSFER LEGALITY Sliglitest Evidence He Tl»U»ks Would Iini)eaclx Them in a Conrt of Equity—Some Signs '' of ^ Conspii'ac'y Charged.” New York, Dec. 1 6 .'— M rs. Alici W ood V an Ness, th ird wdfe of Cor nelius H. V a n Ness, late of P o r t J e r vis, who died aged 93 ahoflt one y e a r ago, has lost th e first legal sk ir m ish to retain control of the eState w h ich V a n Ness got from his second wife, Mrs. E m m a liouise W r ight V an Ness. The size of th e estate only has been guessed at, though it has been estim a ted a t about $1,000,000, since $375,000 was carved out of it as a tru s t fund for nieces of the second M rs. Van Ness, and the attorney who represented th e th ird Mrs. Van Ness in tran s f e rs of th e rem a inder of the estate from h e r husband to her'self originally got $40,000 in securities for ■ his services. Surrogate R o b e r t L u d low F o w ler h a s decided to refuse probate to the will and codicil of Mr. V an Ness,m ad a sh o rtly aJter his th ir d m a rriage of ten years ago. In th e will; Mr. Van Ness cu t off his dau g h ter by his first wife, Alice Van Ness Parsons, with $25,000, and in th e codicil he cut h e r off en- The S u rrogate’s decision, w h ich is given in 25,000 words, will be m ade public today. It is the first connected n a r rativ e ever m ade of the strange circum s tances of Mr. Van Ness’s life, and deals in encyclopaedic fashion w ith th e com p licated questions of law presented. S u rrogate Fow ler takes jOdicial cognizance of the fact th a t th e struggle in th e S u rrogate’s Court, w h ich occupied m a n y weeks this past sum m e r, is b u t the fo r e ru n n e r o:fi .a m o re b itte r contest in th e Suprem e C o u rt to upset an te-m o rtem tran s fers, and th a t all parties to th e causa before him considered his decision in th e case of vital m o m e n t to th e ir in terests in th e fu tu re litigation, jg m r o g a t e F o w ler’s attitu d e tow ard th e legality of th e tran s f e rs undel w h ich the th ir d Mrs. Van Ness holds •the property, w o rth scarcely less than $1,000,000, is thus given^: “ The crude andi c a reless fashion in . w h ich th e aged husband t-fansfered all his very large property to one who, th o u g h his wife, was a com p a rative stran g e r to him , is some evidence of a condition of senility and incom p e tence charged at_.the tim ts u n d e r in vestigation In this case. M .. Van Ness reserved nothing w h a tevei for him self, except the incom e of th e tru s t fund already m e n tioned (fbr th e niec es of th e second Mrs. Van Ness.) This he could not convey to her. The set tlem e n t on his p a r t on his th ird wife w a s so im p rudent, so counter to h u m a n experience, as to excite the m o st m inute inquiry into its bona fides. The slightest evidence would, I think, suffice to im p e a c h it in a court of equity.” The Surrogate com m ented on the fact th a t, although th e third Mrs. Van Ness was in th e courtroom th ro u g h out the trial of the case before him and heard dam a g ing testim o n y against her, she failed to take the stand to supplem e n t h e r testim o n y given in advance of trial. H e said he w o u ld have given close attention to h e r denial and th e n rem a rks : ‘‘ I t is uncontradicted th a t the pro ponent shortly after the m a rriage told M rs. E a s t, h e r husband’s housekeep er, th a t she had h e a rd before h e r ac quaintance w ith Mr. Van Ness ‘ t h a t th e re was a rich old guy up the coun try th a t w a n ted a wife badly,’ and th a t was how she cam e to know Mr. Van Ness.” Surrogate Fow ler has devoted a long passage in his decision to a docu m e n t prepared by Mr. P a rshall, a t t o r ney fo r Mrs. Alice Wood Van Ness, in w h ich Mr. Van Ness attached the le gitim a cy of his daughter, Mrs. P a r sons. This docum e n t the Surrogate d e n o u n c e s wuth great vigor, rem a r k in g th a t its p r e s e n t a tion did m u c h to con v in c e h im th a t th e aged m a n w a s un d u ly influenced a t th e tim e th e w ill an d its cod icil w e r e draw n . H e said: “ I come now to the consideration of an in s tr u m e n t in evidence in this case which I^regard as im p o rtant and as m o st serious to the parties con cerned in its preparation. Not content w ith th e codicil quite excluding the only daughter of Mr. Van Ness from any participation in h e r fa th e r ’s es tate, a form a l paper was prepared as th e justification of the codicil. It was a m inatory, h e a rtless and m o st un scrupulous w riting, if it was ever in tended th a t it should be used against Mrs. P a rsons; and subsequent events show' us th a t it was attem p ted to be so used as a means of s u b jecting the :hter, Mrs. Pi testato r ’s only daugl sons, to a state of t e r r o r about th e a s sertion of h e r claim s to h e r fa th e r ’s property, w h a tever I t was. F o r croup or sore th ro a t, ug«? Dr. T h o m a s ’ Eclectic Oil. Two sizes, -250, and 50c, A t all d ru g stores.— Adv. Alaxfield P a i i i s h “C h ristm a s C ard.” T h e gift of a subscription to the L a d ies’ H o m e Jo u rn a l o r th e P o s t w o u ld be a m e rr y rem e m b rance u n til C h ristm a s 1913. A beautiful en graved card, inscribed w ith the do n o r’s nam e , will be m a iled to each person receiving th e g i f t Subscribe o r renew th ro u g h B. M. Gordon, cu r tis representative, 23 Sullivan Avenue.—^Adv, , . “ Mrs. P a r s o n s appeared in cou in eld e r ly w o m a n , gen tle and consi ?rate, and, beyond all w itn e s s e s in r iamily, also of respeetabili ition. This extraordinary doci Durporting to be m ade five da; after the codicil, w a s in the h a n d w riting of proponent, (th e third -Mrs. Van Ness) and witnessed by Mr. P a r shall, the draftsm a n of the will and codicil. I refer to the docum e n t re flecting on M rs. P a rso n ’s legitim a cy and threatening h e r w ith exposure in the event th a t she ever attem p ted to com m ence a suit against Alice Wood Van Ness to break the will. This docu m e n t purports to be signed by Iftr. Van Ness him self, although it is whol ly inconsistent w ith his fond letters in evidence to his daughter, and also too uu cc hh inin gg alli w ith th e sin g le rath e r t : sicn in them to the vcrj’ aged wom an once th e w ife of his you th . T h a t sin g le allu s io n denoted so m e t h in g in him^ lon g dorm a n t. It ends all doubt o n e e -fo n d relations With Mrs. Parsoi m o ther. Of course, Mrs. P a rsons be ing born in wedlock, h e r legitim a cy was not open in law to such uns( ulous question as t h a t attem p ted raised by the do(cum this docum e n t. ; U o 1: th e d o e n t itself purports to be,, executed by Mr. Van Ness, it is good\ evidence, to m y m ind, of his s)ibjec- tion to the very undue influence charged by contestants. Proof of His Incapacity, ” No m a n in any o th e r condition could have signed such a paper. There is not th e ’* slightest foundation for even suspicion th a t Mrs. Parsons was not the d a u g h ter of Mr. V a n Ness and the legitim a te wife of his youth. “ I t is well established th a t a party defendant who bribes a ju ro r adm its to some extent guilt. I thin k th a t a party who resorts to such a paper as th a t now u n d e r m y consideration, or ■ho resorts to m inatory and intimi^ ation ought to >me extent the •rts to m inato ry ; dating actions in a litigatii be taken to adm it to some .guilt charged. In this aspect, crim inating paper is m o st di is proponent (i The professional conduct of Mr. P a rsh a ll in the ease is considererd at length by the' Surrogate. . S u rrogate Fow ler gave the story of Mr. Van Ness’s life from his birth on Feb. 14, 1S19, down through hi.s three m a rriages. In 1845 he m a rried D e b o rah B radt, the d a u g h ter of one of his em p loyers. She divorced him in August. 1867. They had o n e child,M rs. Parsons, the principal contestant of th e will. The first Mrs. Van Ness is still alive at the age of 90 years. The S u rrogate rem a rked th a t the divorce decree showed t h a t Mr. Van Ness had little property a t th a t tim e . In 1875, Mr. Van Ness m a rried Mrs. E m m a Louise B u rr W right. It was from her th a t he got his g reat p rop erty. U n d e r h e r will he tras nam e d a.s sole beneficiary, w ith c n-tain obliga tions to tak e care of h e r relatives. She died in 1898. Of his character, the Surrogate said : “ In his best days it is obvious th a t Mr. Van Ness was not w h a t is called a cultivated m an, nor was m an with wom( dence th a t he wa; strong m an. His letters i of s o m ew h a te weak senti: som ew h a t m o rbid about ; h e a m o ral is no evi- There is no s intellectuall: the trappings of death, such as osten tatious and costly tombs. T h a t he was all his life devoted to wom en and p re ferred th e ir society, is ap p a ren t from the whole evidence in the cause.” A fter his second wife’s death Mr. N an Ness, becam e reconciled, the Sur rogate said, to his daughter, Mrs. P a r sons, and presented h e r w ith a monev settlem e n t and a costly .tomb, both item s costing him betw e en $50 000 and $60,000, a relatively sm all m a tter to a m a n of his large income. H e also caused an angelic statu te of h is second wife to be placed on the piazza of his Cornwall home. S u rrogate Fow ler accepted the story of the m a n n e r the th ird Mrs. Van Ness cam e into the life of the aged m an, by suffering a sprain o f h e r an kle before his home, and added : “ I t is established th a t she was then in very poor circum stances.” In discussing h e r m a rriage, S u rro gate Fow ler took pains to m a k e clear his position that, in ordinary circum stances, he -^'ould not be inclined to exam ine the events and m o tives lead ing up to the m a rriage. E L E C T R IC A Ii X M A S DISPL.AY. L ight and Pow'Cr Co’s. W indow and New T h e a tre Add to Pike Sti-eet. The P o rt Jervis L ight and Pow er Company has a fine display of elec trical appliances in th e ir new display windows at P ike and H a m m o n d streets. The display is made Christ m assy w ith several dolls with sm all colored electric lights in th e ir caps and illum ining im itation bells in their hands. The New T h e a tre Has joined in the C h ristm a s display w ith red and blue electric lights interspersed w'ith the uncolored bulbs on th e ir ticket booth and the arches of th e board walk leading to th e ir P ike street entrance. The illum ination is very attractiv e at W e 'Wish to call your atten tio n to ct t h a t m o st infectious diseases such s nd scarlet feve hen th e child has 3 Couch F danger of contr This rem e d y is of colds. I t contains o th e r narcotic and m ay child w ith im p licit coni by All D e alers.— Adv. l a t m o s t _________ ______ w h o o p ing cough, dip h theria larlet fe v e r are con tracted _e child h a s a cold. C h a m b e r- ioueh R e m e d y w ill quick ly cold and greatly lessen the o f con tra c ting these diseases. fo r its cures no opium or be given to a ifldence. Sold )P- •e’s The New R e s tau ran t. ■vVhiJe doing your holiday ping in P o r t Jervis, dine a t Georg( R e s taurant. — Geo. A. Htmlcii Prop.— A dv W o m e n ’s w a rm felt house Slip pers, th a t sell for $1.50. Yours for $1, in m a n y colors and styles. If your purchase am o u n ts to $3 or m o re, w e w ill give you F ree, one large box of Salt W a ter Taffy, one of th e m o s t delicious sw e ets you ever tasted.— Chase’s C ash Shoe - House, 115 P ike-St„ P o r t Jervis. N. Y.— Adv. MR.PARSHALLTEEIS OE n m CASE Gifts Before Death Van Ness's Only Means of Provid ing For iVife. UNDER WILL OF FORMER WIFE Van N osb llopoatodly to Pi-lends Ex- preSvSOd Satisfaction at Trans ferences Accomplislietl, Mr. Parsiiall States. Mr. W m. A. P a rshall, w h e n asked if he had any com m e n t to m a k e on the decision of Surrogate Fow ler re fusing to adm it the will of the late Cornelius H Van Ness to probate, “ I have not seen the decision and know nothing of its contents, save as reported in the new spapers, apd, any way. one is natu rally som e w h a t diffi dent about com m enting upon a legal m a tter w ith w h ich he has been co n nected. ‘‘The appellate courts are open for such discussion and furnish a m u ch more appropriate place for the point ing out of s u c h errors as m ay be con ceived to exist. “ B u t I will say this m u ch in re gard to the tran s f e r by Mr. Van Ness to his wife of practically the whole of his estate w h ich took place back in 1901, upw a rds of eleven years ago,anii to w h ich the Surrogate refers a t some length in his decision. “ In the first place it should be borne in ’m ind th a t Mr. V an Ness did not hold this estate by the ordinary, sim p le title by which property is ge'nc erally held. W h e re a m a n has a sim ple, absolute title to his property, he m ay dispose of it you know, either by gift outright during his lifetim e, or hy his will, in w h ich latter case the title passes a t his death and th e objects of his bounty receive and are 'protected by th e law in the ow n e rship and e n joym e n t of th a t which he desires them to have, “ B u t in the ease o f Mr. V an Ness th e re was open only the form e r way of providing for his wife, nam e ly, by g ift o u trig h t during his lifetim e, and for this reason : H e derived title to his estate through the will of his late wife, E m m a Louise Van Ness, which gave him in term s m erely a life i n ter est in it, coupled w ith th e pow e r to dispose of it as he saw fit, b u t w ith the proviso t h a t w h a tever was le f t un disposed of hy him a t his death, should go to th e nieces of his wife, the testatrix. “ So t h a t only one w ay rem a ined co Mr, Van Ness to provide for his pres ent-w ife, Mrs. Alice Wood Van Ness, and th a t w a s to tran s f e r th e estate to h e r during his life tim e , else i t w-ouli go to the nieces and she would he ab solutely unprovided for. “ Now these nieces had for upw a rds of a year been engaged in u b itter lit- / igation w ith him over the estate which had been settled by th e setting ap a r t of a larger portion of it— n e a rly $400,- 000— a s a tru s t f u n d 'o f w’hich he was to enjoy the incom e during his life, but the principal of which a t his dyath was to go to them absolutely. And this furnished an additional re a son why he desired to so arran g e his affairs th a t they should n o t receive any fu r th e r p a r t of his estate. “ One thing or the o ther had to be done. This estate had to be tran s f e r red absolutely to Mrs. Alice Wood Van Ness, o r these nieces would get it. Noi t r u s t could be created to accom plish Mr. Van Ness’s purpose; a will would have been ineffective to pro tect his wife fo r the reasons I have stated, nam ely, the provisions of -the will of E m m a Louise V a n Ness. “ I was as counsel instructed to a r range the transfers accordingly, and did so. T h e re was no secrecy about th e m a tter. It w-as all open and a m a tter of record, and during th e eleven suh- seqiuent years of his life, Mr. Van Ness referred to it w ith satisfaction tim e and tim e again, not only to his ac quaintances here in P o rt Jervis— am o n g our m o st prom inent and es teem ed citizens, who testified to the fact— b u t to his friends, both laym en and clergym en, and business associ ates elsewhere, and I have never heard a suggestion from any source th a t he ever felt the slightest regret or otherw ise th a n glad th a t he had done w h a t he did. “ F o r my services as counsel to Mr. and Mrs. V an Ness, extending over a period of upw a rds of two and a half years and covering services not only in the law suit brought by the niece.s,j buf also in a great m any other m a t ters rela tin g to th e estate, in c lu d in g three mortgage foreclosures, two ac tion s in th e Suprem e Court, and one in th e C o u n ty Court, I received u large fee, it is true, but th is fee was th e sam e in am o u n t— n o t one cent m o re or less— than th a t paid to the Other counsel for services in the n ieces’ la w s u it alon e , and cov-ering a period of about n in e m o n ths. “ This is the tru e story of the Van Ness estate, and I tell it sim p ly to m a k e clear th a t only by the transfer to his wife could M:. Van Ness oc- com p lish his cherished purpose of providing for her, and a t th e sam e tim e prevent th e estate from rev e rt ing to those whose steadfast effort it had been to w rest it aw ay from him and her.” SUES BANK F O R SZABO CASH. Vice-Consul Says Gibson R efuses to Give Xlp Passbook. Dr. F ritz Fischerauei), the A u strian Vice-Consul, w-ho was substituted as adm inisirator of the estate of Mrs. R o sana M enschik Szabo, afte r B u rton W. Gilpson had been removed, filed a suit Friddy to com p el the Franklin Savings B a n k to tu rn over $3,052 standing in the nam e of Mrs. Szabo w ithout the presentation of Mrs. Sza- bo’s passbook. i The complaint says that the pass book fias been in the possession Of B u rton Gibson, w h o refu s e s to give it G ibson h a s tw-o w e e k s m o r e in which to file an accounting of the es tate under an order by Surrogate Co- --- Gibson W riting F o r Profit, Goshen, N. Y., Dec. 12.— B u rton W. Gibson is w riting fiction in his cell in jail here. He has >vritten one story of several thousand words th a t has bee a purchased hy a New Y o rk publisher. He is at w o rk revising th e proof sheets. The law y e r expects to realize a good-sized sum from his flrst_^ a t tem p t in the literary field. T ' V S n S T H T ' S r Makes a great difference in most women. They are troubled with *'nerves they suffer from backache, headache, sleeplessness, a sensation of irritability or twitching, hot flashes, dizzy spells, or qiany other symptoms of female wtiakn^ss. The local disbrder and inflammation should be tr e a t e d with Dr. Pierce’s Lotion Tablets and the irregularity and weakness of the female system corrected and strengthened with Dr. Pierce’s Favorite Prescription. The strain upon the woman or the woman of middle age—upon the nerve and blood forming sti may be loo great for her strength. This is the time to take this restore and strength-giving nervine and regulator. For over forty years sold by druggists for woman’s peculiar weaknesses and distressing ailments. The one remedy so perfect and so good in curative effects as to warrant printing its every ingredient on its outside The one remedy which absolutely contains neithi injurious or habit-forming drugs. its makers wrapper, alcohol noi MB3.SCOXS. jhol nor injurious or h Following letter selected at random from a large number of similar ones and cited merely to illustrate these remarks : “ I n th e w inter of 1908, I becam e greatly r u n down and irregular,” writes M rs . H enry S cott , of Sw a n Creek,M ich., Route 1, Box 49. “ I slowly b u t surely g rew worse, and, a t last, resolved to apply to th e doc to r s f o r help. The d octor said I had inflammation, e n largem e n t and lacer ation. I w a s in bed eleven w eeks and got no better. The doctor said I would h a v e to have a n operation, b u t to t h a t I would n o t listen. My h u s- <- band purchased tw o bottles o f D r, Pierce’s Favorite Prescription. W hen ' remedy I could n o t w a lk across th e floor, b u t a fte r , ---- --------------- gg|£ jraining. so I dropped the or it I think 1 feel better f o r s a l e . A u tom o b ile B a rgains. , iGpass, 35 h. p. B u s s ........... 5-pass. 24 h.p. Touring Ci s 40 h.p..p. Touringourii Cai 5-pass 40 h T 5-pass 24 h.p. T o u ring car 5-pass 40 h.p. Touring car 5-pass 22h.p. Touring ear 2-pass 22 h.p. R u n a b o u t. 12-pass. 22 h.p. Buss. .... 2-pass 20 h.p. R u n a b o u t. , lass 30 h.p. Touring Caj . 30 h. p. T o u r in g car. . 50 h. p. T o u r in g car, . 28 h. p. R u n a b o u t . . 3 h. p. T o u r ing car, . p. T o u r in g c : ; ifo : ill . 800 : III 9-pJ 2-pi 5-pass. : 5-pass. : 5-pass. 40 h.p. Touring ca r . . 16 —R u ta n ’s G a rage, 46 Front-! 1060 1285 Port Jei Eczem a spreads rapidly; itching alm o s t drives you rtwwT. F or quick relief. D o a n ’s O intm ent is 'well rec om m ended. 50 c. a t all store.-!.— ^Adv. ----------------- 4 4 ----------------- Keep the feet w a rm and dry and all will he well and happy.. KADEL, the shoem an, is h e a d q u a rters for warm- lined shoes, slippers and Juliets. Also a good assortm e n t o f fe lt sh o e s and slippers for cold and tender feet, for mahi, w o m a n or child, good qu a lity and a good display ^to choose from. C h i l d r e n C r y FOR FLETCHER’S C A S T O R 1 ^; I HOLMES MUSIC CO., lx I Port J e rvis, N. V , M iddletown, N. Y. $ I ------------------------------------^ ------- - ------------- I ;|i Only a Few More Days Before Xmas a.nd You Know % that You Promised tlje LITTLE ONES A | PIANO I I Come in and Select Now. We Will 1-fold Them, | I A P IA N O P L A Y E R ,| $ Might Look Good. We Have Them Any Price From % y the CHEA PEST to the HIGH EST. | % - ________ % I Victrola Talking Machines I I and Edison Phonographs | I EDISON WAX RECORDS 2 Minute 21c % I EDISON WAX RECORDS 4 Minute 31c | I Fuii Line Mnsicai Merchandise. Prices Right I I -----------------------------------------------------^— I I All Goods Sold on Easy Paym e n t Plan. | I H. S. Hulse, Mgr. Port Jervis, N, Y. | A , W . S M I T H W a tchm a k e r and Jew e ler WATCHES, DL\MONl>S, JEW E L R Y AND STERLING SILVERW A R E ONLY. 58 FRONT STREET P o r t Jervis. N. Y. O. & W . W a tch InsiHjcr^ LOCAL ’PHONE 62. A CHRISTMAS SHOPl j You^Il be mightily pleased with our assemblage ot ^ articles for Christmas giving. Glance through the fol- t lowing list. It may help you- 4 I Suits, N eckwear, Overcoats, t Hosiery, Bath Robes, Shirts, x Sw e a ters, Gloves, ^hoes, ± Slippers, Combinafion Sets, 4 Umbrellas, Etc. ^ | Schafransky & Son,! J p P r o n t St. Established 1S7S. | RARE 0PP0RTUNIT1 4 0'^ _ I S a t u r d a y , M o n d a y and T u e s d a y ' i D e c . 21, 23 a n d 24. A RRPkESB.VrArrVE o f a l a r g e WHOLiSALE HOUSE ^ In New York Citv will displ^ a large stock of ! WHXeHES i t / AND t 1 JEWELRY I ^ Of all des. npt o is at the jewelry store of ^ I E. Van Sickle, | ± 62 PIKE STREET | I Bv whom all goods are GUARANTEED to be as repre- t sented. ' X SARGENT ADENNER’S I OPEN EVENINGS | 50c F ancy S c a r f s .................... ................. . 39c Fine Em b roidered Handkercbiels,5c, 10c, 15c Real Leather Hand B a p s— ................ . . :^8c^ Fancy Collars, B o x e d .................. ^ • '23c\ E X T R A S P E C I A t f $2.59 LINGERIE WAISTS.'extra <gj , line quAsltv, on s a l e ....... . .. -R ||p..vv Hundreds of Gilts at Popjiilar Pric'S. $ 1 5 C o a t s o n S a l e a t $ 7 .7 5 . SARGENT & DENNER, 25 FRONT STREET. ' . ^e-eCS40-f0-f040-f0-*-0-»-040-*-e-*-64 •♦040-fO-K5-^040404©404040-*t040 I REMEMBER | I that w e c a r r y the largest and b e s r | I line of ^ o I H a r n e s s , B l a n k e t s a n d R o b e s | $ i 0 We have no rent, no clerks to hire, no bookkeeper to 5 S pay, therefore we believe we can sell cheaper than “ the 4 ^ other fellow.” Try US. ^ 1 LOOK OVER OUR STOCK OF | I Portland Cutters I I and Boll Sleds. I I Farm Wagons&Buggies | I J . B. H a m i l t o n , I I 56 J e rsey Avc„ Port Jervis. | 404040404040404040404040-K3- v 04Q404040404040404040404^ E.T.Laidley,78Pike-st., DRUGGISrAND STATIONER, now to the front with a select stock of H O H D A Y G O O D S S u i t a b l e fo r X m a s P r e s e n t s ! American and French Perfumes. Leather Goods, Fancy Stationery, Toilet and Manicure Sets, Etc. Call a n d See Them. Prices Right. s t a n d a r d D i a r i e s fo r 1913 ! *
