New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-04-15

SUPERIOR CouRr-Before Judge Oakley EiiIa
Voelkner va John HzdsOnAction of trespass against
execution of the will of Edward vsukner husband
Of plaintiff TO recover personal property consisting OF
household effects family portrait &c. taken from the
house LIS Madison st. In Aug 1916 before and after the
said Edward was buried, &c.
The defence that Mr.. ysukner, or 10 years ago.
here from London having with him bis wife Sarah
and young woman named Ellen Marsden that he es
tablished himself artificial flower manufacturer In
Fuon-st, Brooklyn the year sfterwsrd his wife, with
her child, returned 10 London, when Mr.. " moved
to this City. He had number Of young ladies to work
for him. whom be required TO call Ellen Msrsden Mr. ".
and her such that among the young ladies who
came TO work for him after his moving over to the
City Miss Conkin, Mrs V. the plaintiff in this
suit that he resided with the said Ellen for years
as and wife, when Ellen died, leaving one child
thstin le45 he married Miss Conklin the plaintiff and
In August le46 he committed suicide that In lell he
made will in which Mr.. Hudson, (he defendsnt) Of
Brooklyn and Mr.. Marsden were appointed his Execu.
tors. In that will, which made ct the time, he
resided with Ellen, be recognized Sarah as his lawful
wife and made beauests her and also 10 her child
well as to Ellen and her child Il was on this will Mr.
Hudson took possession.
For plaintiff II commended that the will was void
the law stating that If person msrres after making
will and he has ssue by that marriage or the person he
msrres survives him the will shall be void and of no e
feet unless an especial agreement made that 1t shall
be 90.
In to this 1t was commended that the marriage
OF Mr.. " to psinur was not legal marriage and far
Their that If person msrres another knowing them al
ready to have wife husband living the law says II
penal offence, punishable by imprisonment In The
State Prison. Or this point shown that plaintiff
had been informed that Mr. " had wife living In Lon
don and that he was in correspondence with her. Tt
rebut this 10 proved that plaintiff mentioned the
circumstance TO her father who inquired Of Mr. " and
the latter stated be had been divorced from bis rst wife
No proof Of the divorce however shown upon the
trial nor the other hand there any proof Of the
actual marriage of Mr. " to his fret wife (who 10 said
to be sui living exeepthis admissions and their passing
a. such before her return 10 London.
For plaintiff II was also commended that the defendant
was nespssser on the ground, that the widow has
night to the use Of the property for 40 days alter tne
death Of her husband and that executor has TO
II within that time and that the law gives TO the widow
under any circumstances the family bible pictures, one
bedstesd bed and bedding table chairs spoons,
sett ana one stove and cooking utensils To meet this
II Yves stated for that several valuable stamps
for the manufacture of flowers had been removed be-
tween the time Of Mr. VS. death and bis burial and the
executor under the statute had right TO take possess-
ion of the property for Its saiety, &C.
Two young ladies who had been employed In the e.
Enlistment Of Mr. " sesufsd - 70 the nfst wife beng