The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-04
THE COURTS.
Curious Peouniary Difficulties Be-
tween Husband and Wife.
BENEFICIARY Flu ND S.
The Penalty of Marrying Without
Parental Consent.
MAKING A sMUGeLER SPEAK

case developing rather curious pccuniary entan-
elements between husband and wife came up for
hearing yesterday before Judge estorook in Supreme
Court Chambers. One OF the counsel iacctously re-
marked In the outset that there was no ISSUE Of the
marriage OF the parties in question and that 1t was
toeraby clear II there had been this issue would NOT
bnvo boon raised The facts set forth in the papers,
stripped or legal verb,agc are capable OF brief
ton John Hancock, who died IN 1853, lcn q large
estate 10 his widow Sarah Hancock, making her and
Mr. william Wood his executors Sarah Hancock died
on tho 23d July 1864, leaving by will all her prop
crty real and personal to her niece Patience NJ Gard
ncr The latter has brought suit in the Supreme
Court against her husband, James Gardner, claim
ing that during the lifetime OF her aunt Mrs. Hancock,
she loaned and advanced 10 him from time 10
time various sums, amounting in the aggregate TO
Vbout Sl4. 500 which he only repaid MIS- Hancock
81 e5I and that at of her death there due
10 her from Mr. Gardner $l3 235 She says that dur.
Ing MRS Hancock's lifetime She OF the
,ors of tho will Of her husband, loaned Mr. Gardner
$1,000. for which he gave her three mortgages upon
real estate In Brooklyn amounting IN tho aggregate 10
that sum- After Mrs. Hancock's death William Wood,
her Co executor called Mr. Gardner 10 these
mortgages and no thereupon requested his vile 10 adj
vance money out OF her separate estate. She says
she did So selling government securities and other
assets belonging herself 10 pay them on. Sne
asserts that sue induced TO make these payments
ana sell separate estate by threats and undue IN
duence exercised over her by her husband and that
by these threats and '.pesteriugs" ne induced
10 accent in payment OF tho Sill, 900, a mortgage
on the house and lot Finieth street, where The
parties reside, with interest payable six months
after his death The mortgage. she says, however,
accepted by her upon the express understanding
that would pny it soon as he was able, and that
for several years past been abundautly able,
neglected aud refused TO make this payment.
She claims judgment against HIM for $23 and that
it he declared lien upon his property, and also that
the Sill 700 be declared To be due immediately. and tho
mortgage he reformed that IL be declared first lion
upon the premises Mr.. Gardner denies generally ant
specially all these allegations SO far as they impure
dollar except the $1,000, which wiling pay
any Tine Al the death OF Mrs Hancock he says he
in full with her and made mont, ana that at
time Mrs. Gardner accepted the 900 mortgage
II understood 10 be 50 accepted III iuil settlement
% all claims that shortly alter the death Of John Han
by the widow and continued TO live with her
until time in 1853, whom they all moved
into the house In Fiitieth street, wbec they
have since resided After he went to live with Mrs
attend to all his business matters and ne Says she
ccivcd from him, during the nine years she thus
lived WITH him, all her earnings, including rents
served from his real estate which she deposited In her
pwn name. the aggregate amount being $4,000, no
part OF which she ever repaid him, except that from
time to time, tho occasion required, she him
certain sums, the amount OF which he has means OF
lscerainng she kept the account, and she always
said the accumulatiOns were made Tor the benefit OF
himself and wife and Tor the purpose Of paying Off tho
II was in pursuance OF her wishes that the three
Euges were pad OF out OF the fund which had been
thus accumulated. preliminary injunction was
granted restraining Mr. Gardner from disposing oil any
part dissolve Injunction Judge westbrook took
the papers. tho decision ocng reserved Messrs. Dav
enport Wh'ttelnore appeared for the plaintiff, and
ex-Judge s. W. Fullerton and s. A. Ten Eyck for the