The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-11
THE SINGER WILL.

DECISION OF SURROGATE COFFIN RULING OUT
THE CLAIMANT THE WILL PROVED AND LET
TIERS TEsTAMENrARY GRANTED.
Surrogate Coffin, of westcheser county, yesterday
eaveis decision regarding legality Of the claim of
Mrs Mary A. Foster, the contestant in the Singer VIII
case After the decision had been announced Mr Van
Pelt counsel for Mrs Foster asked the Court to
pend further proceedings in the case until he could
have little time in which TO perfect appeal TO
higher court
Ex-Judge Porter, for the proponent, strongly dis
scented from the coursel's proposition.
The Surrogate said TO Mr.. Van Pelt that should an
appeal prove successful the oounse had right TO come
in before the final distribution OF the estate any time
within year. He also SAID that if counsel could agree
between themselves in regard to the two days time
asked for by Mr. Van Pet he (the Surrogate) would
have objection to granting it, Ex-Judge Porter,
however characterized the request as preposterous.
and with the OF the Court placed two Of the
subscribing witnesses on the stand. The will was ac-
cordlngy proved by these witnesses. The Surrogate
then issued letters testamentary TO David Hawey the
surviving executor and be Immediately sworn in
as such. The following is synopsis of
THE sURRoGArE's DECISION
After reciting many Of the facts elected during the
trial the Surrogate says;Wthout going into the facts
more in detail may be sufficient TO say that thore is
abundant proof from which a marriage could be in
ferred down to January %, $780, had there been no
impairment existing to repe the inference. The diff
Guilty was that he had another wife living But the
last named day a decree obtained in the proper
tribunal by Mr.. Singer, granting him divorce rin
cuto from his wife, formerly Miss Haley, and per.
hitting him TO marry again. Down TO this point OF
time is very plain that Miss Sponser (now Mrs. Fos-
teri the wife Of Mr. Singer, and the only ques
ton 10 be determined is DID she Thereafter become his
wife?
The fact that the old relation remained unchanged is
admitted by Mrs. Foster IN what is known as the
'McKeon complaint" duly verified by her on the 10th
day of November, 1864 in which she alleges that as
as Mr. Singer obtained the divorce from his first
WIFE, nee Miss Haley ho declined TO have the marriage
ceremony performed between them for reasons which
are not very material.
The chief requisite a valid marriage is the inter
change between the parties OF mutual present con-
sent TO take each other as husband and wife. This s
Of itself sufficient The fact Of such consent or contract
may be Inferred in the absence of direct evidence, from
proven state OF facts warranting the presumption
where no impeachment 10 marriage exists.
Applying plain and well established legal PROPOSE
lions to the facts before us it is quite apparent that
Mrs Foster must fail ia her present application TO be
recognized as the widow OF the decedent Her rea-
ions with him we're meretrcious In their inception,
with full knowledge on her part that they were such.
He had a living wife, which was complete impedi-
nent TO their marriage either ceremonial inicren
ta down TO the year 1850 Indeed II is not insisted
by her learned counsel that any marriage could be
established any way prior TO the decree Of divorce
obtained BY HIM from his wife; but IL is insisted that
after that PERIOD the impeachment having been re-
moved, VIC must inter marriage from the
fact Of their having lived together, cohabiled
together and been recognized by their acquaintance
as husband and wife for the space OF six months but
10 such an inference there serious obstacles
First there change from the Illicit relations al
ready established, the removal OF the impeachment not
Of itself operating such change. Second change Of
the relation absolutely refused TO be made by him.
Third afler such refusal she still continued for six
months 10 live with him she had done before
Fourth they ceased to live together forever after the
separation in August 1890 These reasons OF them
selves sufficient to dpel any gathering appearance OF
marriage between the parties III anything further
needed to convince that they did not consider
themselves husband aud wife It is found
in the fact that they subsequently, under the crcum
stances disclosed by the testimony, severay, and
without the formalty of decree OF divorce first OBJ
tanned formed ceremonial marriage relations with
other parties.
l therefore reach the conclusion that Mrs Foster
the applicant this proceeding, is not the widow OF
Mr.. Singer but that Mrs. Isabella Eugenia Singer
named in the will propounded lady whose character
is IN no way impugned by or involved in the matter,
and which bound to cons der as above re-
proach is the widow Of the deceased and her children
his legitimate offspring
The application Of Mrs. Foster is denied