The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-04-15
LAW Intelligence.

SUPERIOR CouRr, April IEBeforc Judge Oakley
Eliza poikner rs. John Hudson and James Nc Cay
This was action Of trespass de6ones aportas The
facts Of the follows Mr. Volkner was a ma
nufacturer Of artificial flowers and carried on his bust
ness in Madison street In 844 he married the plaintiff
who worked for him they continued live together un
til August last when he committed suicide II
that in s4l he made will by which he appointed the
defendant Hudson. and William Marsdcn his executors
The day after his death. Hudson, in his charac-
ter OF executor, came to the house, took an
removed and afterwards sold. The Plaintiff then left
the house and removed to that of her sepfather Mr.
Conckln. After the trcspass was proved MIR George
Haskin was called to prove the marriage.
q. Are you acquainted with Mrs Vokner,
A. heard there were twoor three Mrs Volkners
u Were you present at the marriage of plaintiff and
Mr.. Volkncr
A: Yes,they married at the house of her uncle
in Fatbush in lS45 and there were several other
sons present at the time.
q. Did you visit them afterwards,
A. Yes, sir, frequently.
The value Of the property was then proved and the
plaintiffs counsel rested The following the substance
OF tnc opening statement of defendants counsel -
About ten years ago, Vokncr, who was a German,
came to this country from London where he for
many years resided and carried tho business OF
tihcia Hover manufacturer, bringing with him his wife
Mrs. Sarah Volkncr whom he married In England and
one child named Michael Volkner and, also, bringing
with him Ellen Marsden, young English girl After
their arrival in this country they settled in Brooklyn
the street in which defendant Hudson lived directly OPP
poste his house and commenced the man aud
sale Of artificial flowers and counsel stated
have lived for time pbosophicaly and contentedy
Marsdcn delivered of male child which chris
tened VIM Marsden Volkner In months after that
event, Mrs Sarah Volkner the wife removed to Boston,
where she settled and continued to carry on bu-
siness on her own account for about n year : af
ter which she returned TO England After Mrs
Volkner had gone, Mr.. Volkner announced to the
and others in his employ that wife mad
gone he intended that Ellen should take her place
and that in future they should pay her the customary
honors. Knew her by other name than that Of Mrs
Vokner and received and obcycd all her commands
and any who could not acccdc TO the arrangement
they might take themselves OF Accordingly Miss
Marsden installed into all the rights and privileges
Of Mrs Volkner, and 30 continued until her death In
1889 he moved from Brooklyn TO Madison street aud In
lsl3. having acquired some means he made n will by
which he devised oncthird of his worldly goods to his
friend Ellen Marsden, and oncthrd of the remainder to
his beloved wife Sarah whom he stated then resided In
England and the remainder he bcqueathc To his two
children and appointed the defendant Hudson and WIN
MTsden brother of Ellen, his executors aud guardians
OF his children. Shortly after the making Of the will
Ellen Marsden died giving birth to second child After
Mr. Volkner removed to Madison street the plainti m
went to work for him. and shortly after Miss Marsden
death he made overtures Of marriage TO her which
after consultation with her friends were accented and
tho marriage had at the time and place mentioned.
and the parties continued TO live together ms man and
wife until August, ls4o when volkncr Committed sui.