The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-14

4
notice was ade Of an application of one heodo @
W. Lee, New York, to secure, through habeas cor
pus, the possession OF his child. The fact then
| developed that Mr.. Lee had married Miss Fannie
GIigg OF this city but owing to certain family DIS
| agreements the parties had separated Mr. L5e Oh.
tanned tho child, and there the matter was supposed
| to rest; IL has however been revived in anoth r
has led bill against OSI Mrs a Nancy S MY GriSq a6d e
John W. GriRg, administrator of the estate Of John
SrgR late OF this city, deceased and Mrs. Fannie A.
The case came up for argument before Justice
thompson on bill and answer. Ihe biz in equity
hed AYERS that complainant s the husband of said
Fannie, they having been married on the Sth of
October 1856 at the house of her father, the late
John 1rigg; that they lived toqelh II until the 27 b
of September 1860, when she left bis house without
any reasonable or lawful cause and has since re-
tusea to 1--we with HIM; that while the were living
together two children were born, one of whom after
wards died. and the other, John Grigg Lee is still
| living, and about eight years OF age. The com
painant also AYERS that SINCE the desortIOn his wife
has been llvlng principally in New York citv ana
refuses to return and 1--we with him, although ne has
pnefred 70 receive a. again, ano use her as good
The comPlainant further AYERS that John Gripg
died the I'd of August, 1854 ntestate seized on n
large real ana personal estate, leaving surviving
HIM a widow, the said Nancy M. Grigg, son, the
said John W. Grlgg, and two daughters. Emily,
wife OF Horace B Fly and the saId Fannie wife OF
complainant; that Mr. Gigg lett beh nd him no
debts OF any Importance, aud that his personal and
real estate under proceedings in the Orphans
Court has been parted and divided, and the
now in course OF distribution to her by the
said administrators; thar her share of the real
estate allotted to her consists OF eight houses
ana lots and several ground rent- together valued
at SlSOOOO ana yielding an annual rental OI 81 OOO
and that heI sheTe OF the personal estate to
no de bond gwen to her by her Iather in his life.
time, obhRlnR him and his representatives to paw her
the sum OF SCOOO annually during the term OF her
natural lille IN monthly instaments of $500 This
bond was given while complainant and his wife were
living tCgether In this city, In house furnished Ior
them by Mr. Grigg, and complainant ayers that II
1t was not given Tor the separate of wife, but
was intenoed ana designed by the SAID John GrIgg
his wife, child, and household
The complainant AYERS that his wife Gains to re-
ceVe the SAID yearly rental OF Sl1 600, her share OF
the personal estate OF her father. and the SAID an
nuty OF $4,000 tor her own separate use without any
participation therein OF complainant, or OF their
child, or whose benefit the said Fannie contribu es
nothing, That complainans has means enough
OF his own, ndepend, ntly of his wifes estate from
which he receives nothing, TO support a household.
and properIYt to malnlan and educate his infant
child The complainant fur her shows that large
portion OF the said personal estate the hands of
the said administrators consists of cash and coupon
bo9ds, winch pass by delivery, and that hls wife
makes her residence out Of the State and If the per
sonal estate passes into her hands, the same woald
lass beyond the jurisdiction and control of tins
court.
He further charges that the administrators are
from time to time, without his consent, making
large pay ments OF money to the said Fannie, and
are about to pay to her her full proportion of the
personal estate of her father the late John Cirigg
REGARDLESS OF the prohibition of complainant or OF
any rlgnt OF his as her hus and, ana of his legal
and equitable claims to the enjoyment of a fair and
reasonable share of her fortune IOr the hena6f NJ
himse1 and their child.
He therefore prays that the administrators be en-.
joined ana restrained from paying dIsr buting to
the sad Fannie any sum OF money as her proper
father, or any part thereof, without the knowledge
consent, and co operation OF complainant
z Ihat 1t may be decreed that he is entlte ed to a
reasonable and just allowance from and out of the
personal estate coming to his WIFE, for the maintc-
nance OF himself and their chlld, and the education
OF the latter and tor the supply OF q proper home;
ana ana that the sald allowance be paid to him by the
g. hat the SAID Fannie A. Lee may be restrained
and enjoned from claiming receiving any portion
OF the SAID personal estate OF her la ather except
from and through this complainant so long as she
continues to desert and leave him and his nome
without lawful cause.
lhe answer OF the administrators admits that the
SAID Fannle did leave the residence of her husband
ana sull refuses to live with him, OF the cause oi
her leaving they say they have no personal know
ledgej but they do not admit that she has WllfulIy
ana mallciously deserted him. That the Complainant
has the care and custody of said child having de.
@ eL VI nun Oy iegal proceedings, she then and
educate him II he be put under her care
The answer further admits the fact Of Mr. Grigp
having left arge real and personal estate and the
partition OF the real estate under proceedings in the
Orphans Court. 1t then AYERS that on the Both of
august 1864, they filed their first account, which
was 1eierl ed TO an auditor; and pending the audit
they filed second, which was referred to the same
auGltor That on the third of March last the auditor
10 the sand Nancy M Grrgg, widow Of John w
Gngg and Emily L.: Fry, their respec i've shares of
tho Oush anu eSSurlues III lne nanQS OF the admins
traitor ior dlstrlDauon, and also setting apart secu.
rtes to the amount of $120,000 rs q principal
Tor the payment TO the said Fannie A. Lee OF
the annual sum of $6000 1or the payment O
which, during her lifetime, Mr.. Grigg gave
his bond, as before mentioned, but reserved
for final report the question how and TO whom tie
share oil the said Fannie and the SAID annual nm n
$bOlO should be awarded. That before the auditor
theodore Lee, the CONT lanant, appeared by coun.
sci, setting up claims against ms wifes estate and
PARTICULARLY asking that he said annual sum or
S6OOO, or portion thereof should be awarded To
MN Alter 1ul hearing of the claim, the auditor
on lhe loth OF June last made his report awarding
TO the SAID Fanny her entire share of the said ner
the administrators 70 pay TO her the whole of the
sald annuity OF $60C0, to which report the SAID
Theodore Lee excepted, and the exceptions are now
pending.
lhe answer then alleges that the proper tribunal
lOf the ad1udica ION OF the complalnants aim vas
the Orphans Court before Its auditor and that
after appearing and presenting the claim wh ch he
now makes, he Is concluded by the report OF che
auditor.
The answer also says that the value of the eight
houses and lots and seven grounds $3.50 O0O vie d.
ing an annual rental OF Sl2 $780, and that tue proper
amounted to $134 619
The answer also denies the right of the com.
palnant 10 nave any control over this property and
ass rts that the said FANNY does and as respond.
ents believe rtghttuY claim the IiP ht 10 use hold
ana ENJOY Inc same to her own separate use: but
that they will make no final disposition of the prln.
cpa OF tne sau personal estate only upon the order
lhe answer of Mrs. Lee denies that she v,lfnlIv
deser ed her husu and, but asserted that she was
compelled 10 leave hlm, owing to his barbarous
treatment, which made life burdensOme"
The case was ar gued, and held under adyisement
A BOLD RoBBERY.-Mr. CHM, citizen