The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-20
Ksorm1 COMPLICATED PRoPnTY SUIT.
a Nan Dies Having Two Wives-Ths
Daughter of One Claiming HIS Property
from the Widow.
rrScs rof yrY suRRoGArE's COURT,


WEDNESDAY, June II.
Before Hen Rodman B. Dawson, Surrogate
In e Mater Of ne Application for the Remova, Of Catha
rs,s D. yorris, Adiiratr DC, Of Thomas Norris, late
ofe Cay Of rookyn deceased Motion to set aside let
ssrs Of administration granted the goods, &C., of
Tomas Norris deceased who died March 25 1857 grant
ed by the Surrogate of Kings county to Catharne Norris
the ground that she is not the widow OF Thomas Norris
said Norris had previous wife living at the time of
his death, named Matilda by whom he had daughter,
Hester z. Mllspaugh, who is widow who makes
shs application aside the letters granted Catharn
o. Morris, en- the ground that she is the only next of kin
deceased and entitled thereto tina, her mother Matilda
Norris TO the time of her death the 10th day of
May, 1857, and said Hester E. Mspeugh were the only
persons entitled to letters OF administration upon the goods
NC Of said Thomas Norris, deceased that the person
representing herself Catharne D. Norris, whom let
Of administration have granted Is not the widow
Of Thomas Norris, deceased.
L. Smith, Esq OF for contestant, briefly stated
the case, In substance, follows
The contestant is the daughter OF Thomas Norris, who
died suddenly In the State OF New Jersey ON the day the
body brought to brooklyn former wife of Mr. Norris
appeared al the house where the deceased had lived,
claiming 10 be the awful wife of the deceased and mother
20 his only living child short time after the deceased
was consigned 10 the tomb, his first wife dies, having
d-ooped rapidly since the death of her husband. The
present incumbent OF the condition Of Thomas Norris
widow has taken out letters Of administration, the
child OF the deceased contests the and
desires have letters granted her, the only survv
child Mrs. Mlspaugh has been supported the
death Of her husband and prior her marriage up
Eme OF her fathers DEATH by HIM The deceased often
visited her They were married by the Rev Archibald
hacay in 1882 This contest has principally for object
eeabhshinghe legitimacy the applicant which is denied
N the petition Of the first aimnistatix.
The properly in dispute s 81 600 in cash and some real
estate, in all valued at perhaps IS 900 600. The
following is the evideI ce taken in the case
Houie sworn- reside al 70 Spring street, New
YeIk; am liquor Gealer; knew Thomas Norris in his
lifetime formed his acquaintance some years prior 70
he during the the cholera
took place the residence OF Rev. Archibald Aacay
IAss Broadway; lady was present acting as eIdesmad
Mr. kaclay Mr. Nerris was pilot at that time; he
red young woman named Mary, By which name he
called her don't reccllec her last name such
as Hnney
Counsel the administrator admitted that she had
separated from her husband eight years
after the marriage, and continued 30 til his death
Winess-Isaw her Afterwards, and conversed with her.
was surprised In seeing her there.
CoGp, rel for Mrs. Norris-What the conversation
Counsel for administrator objected.
The conversation admitted in evidence by the Sur
rogRte in regard 10 the marriage.
Wiiness-I asked her what she was doing there, and
she stated that she could live with her husband that
she bad run away from him, or something OF that
kipd The interview was in Jackson street, two or
three squares from Grand street. it somewhere near
corner, onthe left side going toward the water am
Then you must have been Is at the time Of the choera
A Yes, about; don't know what Norris age then; he
sppeare6 10 be man; this woman Mary might have been
s5ou. nineteen years old
Cross examincd-I had them together often before
tie wedding had them when they not together
knew her about year before the wedding
These questions were objected to and ruled out by the
Surrogate.
Wilness-I resided at 70 Spring street FOR about
year; have resided at good many places before went
there resi- led IN Walker street., No. a. Immediately be-
fore moved 10 Spring street; lived there OF and
eight ten years. in the fancy basket business in
North Third street, Philadelphia, near Chcsnut; lived in
Not street before moved to Walker street. No 10: was
the grocery business the o. Wle ana De-
iancy streets before that In New Orleans, 1885,
90 and 49, and was in the carpenter business lived
Grand street prior 1886 then in the cabinet making
basiness met Mary after came from New Orleans, !
think jackson called alnut stree, when was
boy; Mary anxious {, get rid of when spoke to
her she wanted TO avoid me- could not tell w the lady
was that acted as bridesmaid; think she Lived
rage after the wedding: did moi go With them; OF
the party drank intoxicating liquors previous
ding very seldom drink liquor; oil parties we're per-
nrec; resumed-I was requested attend the marriage
MARA IAmaroux, sworn-I knew Thomas Norris; had
Known him ten twelve years knew Mrs. Norris for
about the fame length OF time became acquainted with
both about the time; he has not been 10 her
since two years in August previous to iha, time he
called once in while; be always gave her money when
she asked him; che lived with of and for four
ave years sne died at my house; il is I've weeks ago
last Sunday since she buried she died on the pre-
vious Friday: she would Norris around in Cherry
s.reot OF the time they would sometimes 50 into
by themselves them standing and alE together;
sometimes would overhear; che inquired afler their
daug hier called her Hcster Elizabeth, and would tell
her that abe well and doing well my house Is No. AZ
York 10 Brooklyn about the time OF the death OF hr Nor
ris We 10 the house where he previously lived;
ssw him, recognized him when we Jaw him lying
ter, and Mrs. Norris told her she Der
mother and wanted to the body; Hester tOl her she
would DO the best she could she sent 10 look for her
daughter; went aer her su could not find her; went to
acquaintance and be told that he had given paper
70 hrs Nerris stating where hs daughter lived bat abe
had lost a. she also sent for Washington Norris aud want
ed n 10 come 10 her. she talked Of him thinking
great deal OF her and she thought great deal Of him
@ Who paid the expenses Of her funeraR A. When she
was dying she requested me 10 80 for Mr. Avery and
Washington Norris did not CO. as did not think she was
20 near dead; she wanted thom and she wanted
Hester Elizabeth along; she know Washington would not
Hester wrongcd thought ia wait until morning be-
fore went she died mex, morning abou, O'Clock
she told when yng that che married 70 Thomas
Norris twenty Eve years ago. and had three children by
him; the frs. boy named Robert Thomas Norris;
Counsel objected TO all the deelaraonsD the second child
was Hester Elizabeth, the other was Mary Amelia Robert
aid Nary she told me were dead.
John ". Avery, sworn-I reside at $50 Front street,
Brooklyn; knew Thomas Norris IN his NE time; had
known him from boy hood; recoect about his getting
married think he resided 10 Monroe street al the time;
he keeping house, believes can't say whether saw
was married TO In 1882; have doubt her very fire.
e1epty knew her the wife Of Norris at that time she
has been my since 10 me In relation 70
the death Of Mr. Norris knew Norris daughter he
always recognized her such and have paid her board
settled Hester r Mlspaugn, the person present, is tina,
daughter when l saw her FIRST she was quite small saw
her uncle Roberts family al bis house In New forr
city
70 bis death; he always spoke Of Mrs Caharipe
Norris bis wife; Judge eight years that he
told me he married 10 Calharne Norris; don't recol
lcc OF bis tslklg about his 1rst wife leaving him
Re drc@-Am f1lly impressed with the belief that sue
was the Mrs Norris she represented herself 10 be.
Washington Morris, sworn-Tcst 5ed Ina, be was bro
Their Of deceased did reooec the circumstances OF his
marriage did recolect having heard his mother,
brothers sisters say Thomas a married man; knew
Hester Elizabeth, who present; nrst her when abe
about eve years Old knew the person rcp1cd 10 be
her mother my impression then was that her name was
kcCluskey: never heard him say she was his wife.
Charles Norris, sworn-Recolect the rumor Of my bro
TIERS marriage. never 8 the he said TO
have been married TO TO my knowledge first Hestsr
al house In Fast Broadway; he told me was his child;
sad who the mother was; be served his time with
me; always kept aoof from me In crnvcrsauon my wife
to compassion her aud kept her ten twelve years
We knew The child must be provided for by somebody
ano Ne kept her Mr. Avery paid the 81 the fu
ner because be thought pleasing that she should
De buried w Escr "a ground paid Mr.. Avery paid the
eHIenAee becAnse did want brnthers previous