The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-01-08
GILBERT ". BOWNE's $4,000, 900.
Further -Gropina Among the
Cobwchs Of n Quarter Of a Century-Was
the viii spurious y-tsep. Duryea Accused
of Frnud-Counter Charges Fine Chance
10 In


for the LAWYERS.
The argument Of the motion TO continue The
roceiversbip In the suit by Elizabeth Rodman Bovine
10 set aside an agreement making division OF pro-
pery to which she, with Others was entitled under
the will Of Gilbert W. Bovine, was continued yes
terday before Judge Csrdozo, Supreme Court Cham
bers. The controversy In some OF its aspects eI-
tends, II appears, to transactions OF over quarter
Of century ago.
Rodman Bovine engaged In business In this city
early In life, and established the fret ferry between
New York and Brooklyn. Subsequently he went
into partnership with his brother Samuel. he. 1t Is
stated. furnishing the capital.
In 1882, being seized with what he supposed Ias
cholera, he made will giyi ng nearly all his pro-
ever, and continued In business, dying in is45 OF
paralysis. The win OF 1852 was then admitted TO
threefourts OF all the real estate be obtained from
his brother Rodman. Rodman X, the only other
son OF Samuel died IN his fathers lifetime, leaving
Oh only child. Elizabeth Rodman, the plaintiff.
,llis only daughter, Elizabeth, who was the 1rst
WIFE Of Gen, II, u. Duryea, died before her father
estate for HE, the remainder over TO her children,
Cornelius r. and Samuel b. Duryea The former
having died, his father, Gen. Duryea, undcr the
statute, took life interest dndcr his share OF the
fourth.
About. year ago. Mary DuSan, daughter. OF
another brother OF Rodman Bovine brought an action
against Gen. Duryea which IL still pending, to set
aside tho will Of her uncle made 1881 She claims
tnat Samuei hau repeatedly told ms Drother tdt that
Will had been destroyed, and that Roduan had re-
ptatcdly told he ncces that he would make TO will
but would die intcstatc.
The will was witnessed by Mcssr.. Pell and Rem
scn. both now deceased Mr.. Peli testified that the
other not present when he signed IT. that he did
not see Mr.. Bovine sign II, and that he did not tell
hun (PeD that II was his vii. He also stated that
lie bad been offered tp,O00 for testifying to tho
proper execution Of the will
H. lsi1 n proposition was made by Gen. Duryca
for settlement, the opposing parties TO receive the
amount they would be entitled 10 II Mr.
Bovine had died interstate. Afterwards, Gen. Dur
yea prepared ana presented list OF real estate In
which was purportod TO he set forth all the property
Of Rodman BOVINE. Upon the iaith OF this state
mcnt which, II II claimed Ms OF similar statement
In the present SUIT afterwards turned out TO DO
false, the parties came To agreement.
The suit Of Miss Dugsn involves the property In
the present suit, aud
Gen. Duryea's present wife, who was the widow
OF Gilbert W. Bovine makes AFFIDAVIT upon this mo-
on that no legacy having been gwen her under her
husbands will, except $lO,OOO under her maiden
name. she commenced proceedings In 1855 for ad-
measurement OF dover.
The gross value of the property assigned her,
which went into the plaintiffs share under the
agreement Of April. 1851, now sought to be set
aside, was fl59 $50. The value OF her dover in
terest in money, according to the Northampton Ia
blcs, was fT.siT, which was than the value OF
the property released to her in fee. The vauntion
OF the same prorer'y In 1867 t2iTbO0, while the
value OF the same property she received In fee was
tlb3 10 She deuies that there amy fraud. Case
al Ill