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


SUPERIOR CouRr, April I4-Bcforc Judge Oakley -
Eliza voikner John Hudson and Jamss Nc Guy
facts of the follows Mr. Volkner was a ma
nufacturer OF artificial flowers and carried his bust
ness in Madison street In 1874 he married the plaintiff
who worked for HIM they continued to live together
til August last when he committed suicide appeared
that in ls4l he made will by which he appointed the
defendant Hudson, and William Marsden his executors
The day after his death. Hudson, in his charac-
ter Of executor, came to the house, took an
inventory Of the furniture. and caused il to be
removed and afterwards sold. The plaintiff then left
the house and removed to that of her stepather Mr.
Concklin After the trcspass proved MIR. George
Haskin was called to prove the marriage
q. Are you acquainted with Mrs. VoIkner
A. heard there twoor three Mrs vokners
q. Were you present at the marriage of plaintiff and
Mr. volkncr!
A. Yes they married at the house of her uncle
in Fatbush in lsi5 and there several other per-
sons present at the time
q. Did you visit them afterwards
A. Yes sir frequently
The value Of the property then proved and the
plaintiffs counsel rested The following il the substance
Of the opening statement of defendants counsel -
About ten years ago, Volkncr, who German,
came to this country from London, where he had for
many years resided and carried the business an
tihicial flower manufacturer bringing with him his wife
Mrs. Sarah Vokncr, whom he married In England and
one child, named Michael Volkner and also bringing
with him Ellen Marsden, IA young English girl After
their arrival in this country they settled in Brooklyn in
the street in which defendant Hudson lived directly op-
pose to his house and commenced the and
sale Of artificial flowers and counsel stated seemed
have lived for time pbilosophcay and contentedly
together In about two months after their arrival Miss
Marsden delivered of male child which chris
tened VIM Marsdcn 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 account for about n year AZ
ter which she returned to England. After Mrs
Volkner had gone MIR. Volkner announced to the
workwomcn and others in his employ his wife mad
gone he intended that Ellen should take her place
and that in future they should pay her the
honors Knew her by no other name than that of Mrs
volkncr, and received and obcycd all her commands
and any who could not acccdc to the arrangement
they might take themselves OF Accordingly Miss
Marsdcn installed into all the rights and privileges
Of Mrs. Volkncr, and continued until her death In
1889 he moved from Brooklyn TO Madison street. and In
lsl3, having acquired some means, he made will, by
which he devised onethird Of his worldly goods his
friend Ellen Marsdcn and third Of the remainder to
his beloved wife Sarah whom he stated then resided
England and the remainder hc bcqueathed To his two
children and appointed the defendant Hudson and VIM
Marsden brother OF Ellen, his executors and
Of his children. Shortly after the making Of the will
Ellen Marsden died giving birth to IA second child After
Mr.. Volkner removed to Madison street the plant IN
went TO work for him. and shortly after Miss Marsdcn
death, he made overtures Of marriage TO her which
after consultation with her friends were accepted and
tho marriage had mt the time and place Ell
and the parties continued TO live together ms man and
wife until August, is46, when volkner committed sui