The New York herald., 1875-10-30
Progress of the Legal Struggle for a
Colossal Estate.
EARLY LIFE OF THE TESTAToR.
The Contestant Tells Her Story from the
Witness Stand.

Mrs. Mary Ann Foster well preserved matron or
mddle-agc, who alone the will, claiming to
be the only legal widow OF Isaac NJ. Singer, and,
as such, entitled to her dowry, which
would amount 70 about $4,0o0o00, out OF
tho SIS, 100000, at which the estate is
valued. That sho was the companion OF the testator
when he was battling with tho world for a humble
livelihood is placed beyond doubt by her testimony
given below. AS further proof OF this the following
letter received by her counsel a few days ago
This missive is dated Terre Hauc, Ind, October %
and is follows:-
r. W. VAN PELT Esq. -
read to-day In the Cincinnati Commercial, copied
from the New York HERALD OF the 2lst inst proceed
ngs in the Surrogate Court of Weschescr county, in
the Singer will case In the year 1913 1874 kept
% hotel IN the town Of Pequa, Ohio Singer,
and two children, came TO my hotel and remained
y aweek giving rccitatons, mostly from Shakespeares
plays they giving their entertainments in the ball
OF the hotel. | remember my wife gave up family
room TO the distinguished eocutonist aud his family
while they renamed. My recollection of Singer
is that Mt the time he was very poor in pocket,
shabby In person and disposed TO be rough and unknd
in his manner Mrs Singer was quite the opposite;
refined, amable and courteous. The children, boy
and girl were bright, we'll hammered children, They
all lett my hotel in common two horse wagon, and
their whole baggage would not have brought $40.
7. h FUTILE.
The wife mentioned in the above Is she who now has
placed bar against the administering of the colossal
estate II will perhaps be recollectcd that at the pre-
limnary hearing the arguments of opposing counsel
were on the question of the admission OF tho
CLAIMS OF THE CONTESTANT.
Counsel for the legaccs insisted that she must prove
her standing in court or in other words prove that
she was the widow of the testaor before being allowed
TO plunge them into what might prove protracted
and harassing litigation This proposition argued
against by counsel for the contestant who alluded
among other points, TO the disadvantage his client
might be at IT, in OF appeal he had 10 carry the
case TO higher court in fragmenary iorm He urged
that the proof of her status should be made part OF
the whole case After hearing the arguments
surrogate Collin asked the counsel on both sides TO
submit their briefs Of the TO him, and afterward
he would decide whether or not he would first proceed
TO take testimony showing the relationship Of tho
contestant 10 the tcstator. Since then, how
ever, counsel for Mrs. Mary Ann Foster informed the
Surrogate by letter that in order to cnconomlze time
he would proceed at to prove the riage OF his
client to the deceased and TO that end would have his
witnesses IN attendance on the day to which the hear
ing was adjourned
Tho first witness called by counsel for the contestant
yesterday was Mrs Mary Ann Megaroy, who testified
that she was the wife OF retired banker and money
broker, Who for several years carried on business
New York and London. Her evidence went 10 show
that she had formed the acquaintance of Isaac
Nj. Singer and his wife when they lived Fourth
avenue many years ago that she had been Intimately
acquainted with them both from that time up TO tho
period of their separation and since then had kept up
the intimacy with Mrs Foster; that the had al
ways until the time named treated the contestant with
the utmost kindness especially when the latter hap
pened to be i'll that she well as many other
men and women, whom she named prominent in New
York social circles had frequently met Singer and his
had invariably acknowledged both by ords and actions
that tho contestant was his wife and the mother of
their children.
rigid cross examination did not shake the testi-
mony of the witness in any material part Counse for
the contestants then called Mrs Foster 10 the witness
stand
THE CONTESTANTS EVIDENCE
Mrs Mary Ann Foster was here called TO the witness
stand and sworn After being formally recognized by
the preceding witness Mrs Singer the wife
NJ Singer, she deposed as iolows:-I was fifty mine
years old last January: my maiden name was Sponsler
Pm Igaur NJ SInupr dp.
ceased; first became acquainted with him in the spring
Of 1886; was then living in Baltimore with my father
and mother; deceased paid his addresses TO me and
asked my hand in marriage.
Here Mr. Carter of counsel for the icgatees objected
TO the witness giving any declarations OF the
as she was the party most interested in what she
cndeavoring to show and such, il not compe-
tent for her to testify as TO what passed on the question
ut issue between them.
Mr. Van Pelt replied that II of no use for coun-
sci to try and keep back the unpleasant details that
they must all come out later.
After slight modification of the form OF counsei's
Objectionable inerrogatory the witness continued II
went with Mr. singer from Baltimore to New York to
have our marriage contract fulfilled; from October 1896
to 1850, we lived together man and wife; had ten
children by him, eight OF whom are s living during
the period mentioned We always lived together man
and wife.
Mr. Carter again objected to this mode OF expression
by the witness and while admitting that the witness
and the tcstator lived together IN tho house. de-
MED that theirs was the legal relationship Of husband
and wife
Witness resumed-we continued to live together as
husband and wife down to the period of separation
which took place August 1860; his business from
1880 10 the period Of separation was the introducing OF
sewing machines; he remained IN that bust
ness until his death; in 1850 resided
in Filth street, New York; think
years Fourth avenue; IL is seventeen years
since we went from Fourth to Fifth avenue; VIC lived
on Third avenue previous TO our living on Fourth ave
nue. we rst went to live on Third avenue IN 1919;
previous to that VIC had resided at Pittsburg; two
years previous 70 our living at Pttsburg lived in
Oho We travelled thirteen years
SINGER
For three years MIR. Singer played religious pieces
his middle name of Merritt; l was also known then as
Mrs. Merritt and always his wife; the children
travelled with US; always had the immediate charge
and supervision of them; deceased paid tho
bills for the chldrcn's outlay, and also
paid doctors bills for attendance on me; Mr. Singer
or my wife, when we alone he always called
me ANN when would be together called him
father" and IN company "Mr Singer" always spoke
OIL nm and addressed him my husband; have fro
quently visited his place Of business in New York,
sometimes TO get money; was always addressed by the
employees as Mrs Singer;n the enployes were in the
habit OF visiting house In Fourth avenue on New
Years Day. they came at the invitation Of Mr. Singer
who Kept open house for them that day; my
daughter and myself were in the habit Of waiting upon
them; the practice discontinued when removed
TO No. IL Filth avenue; Mr. Singers partners we're
Mr. Edward Clark and Mr Zcbcr, the latter being the
moneyed man OF the hrm; they often called al our
house on Fiith avenue; was introduced them by
Mr. singer as Mrs. Singer they always recognized me
Us suchi my husband was singular IN his habits; no
seldom visited; when shopping wou go to stewards
and other houses, when had selected the goods
wanted would simply sign my name for them as Mr.
Singers wife, made purchases for nearly all necessary
supplies IN THAT way tho bills would vary from SIS
$2Ooi Mr. singer always paid those bills prcsenta-
ton sometimes would go the Office and whenever
could hnd the cashier he would always give me as Mrs
singer Whatever money asked TOR; Singer paid all tho
bills OF the household excepting those for the market
lngi paid Tor that with money obtained from the or
ncci had $40 per day To supply the table with; this
was when We lived on Frh avenue lived openly
and publicly rs man and wife; Singer was never out at
night, but stayed At home With me- except when no
would 60 to the theatre with his family; remember
when made the acquaintance oi Mrs Mcgacy; she vis
itcd me oitcn among other friends who visited us were
Mr.. ami Mrs Dean, the parents of Julia
Dean, Mr. and Mrs Bosca Mr.. and
Mrs. Mcekcr, Mrs. Wacott aud her daughter
Mrs Mead, Mrs Noy, Mrs Bcnari others; my two
Children died IA 1897; then living IN Fourth
avenue, Ncw York; the children were buried in our
family plot in Greenwood Cemetery; there was n tomb
stone set up and also monument the inscription on
the latter bears the names OF Charles Alexander Singer
and Julia Ann singer Mr. Singer the monument
and tombstone 70 be set up; went with him when We
selected the stone, then kcepnr carriages on