The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-22
THE COURTS.
Mrs. McClOskey's Sanity and Right
to Her Property.
AUDUBON PARK TITLES.
Contesting the Charitable Requests OF
the Late John H. Power.

Mrs victorine N. McCloskey, the wife OF Dr. Anto-
MUS f. McCloskey, in her own right the beneficiary
Of trust estate to largo amount, $10,5O0 OF which
is held by United States Senator Christancy, OF Mich
igan. The residuary heirs to this estate are Vicone
Chamberlain Certa Jackson and Herman r. Jackson,
three children OF Mrs McClosky by former hus-
band. Prior 20 october. 1869, Mrs. McClosky was
resident Of Alexander In Genesee county, this State,
occupying there what Is known the s'McCloskey
Mansion - in which she owned large interest. Her
marriage with present husband took place there
In 1869 and In 1871 she and her husband he Doctor
became residents Of this city. In October Of the
latter year she received letter from her daughter
vctorne stating that her other daughter Ceria, then
living at Alexander, very Iii, and requesting her
TO come and see her a. once. The mother responded
Immediately in person. but on arriving at Alexander
found that her daughter not sick, and soon dis
covered Also says that the object OF the letter
to get her within the jurisdiction OF the county
OF Genesee. She had been there but lew DAYS when
q commission was appointed, which on the 24th OF
the same month declared her to be OF unsound mind
incapable OF caring Tor her person and estate Tho
petitioners in proceeding her three children
and expectant heirs and the Cd OF January, 1872,
the Court made an order in that county appointing
Jasper b. Lewis a committee OF her person and estate.
She then brought SUIT IN the Supreme Court, Special
Term OF this city, in which she her husband
plaintiffs and ladys three children ana the CON-
Iniltee Of person and estate defendants This SUIT
was Instituted on behalf OF Mrs McCloskoy by her
the purpose OF having the lunacy proceedings mad
in Genesee county set aside, TO- recover back what
property has into the hands OF the COM
mittee since his appointment and 10 ascertain
the position OF the $lo,5Oo held by senator
Chrstiancy trust Tor Mrs. McCloskey.
Il IS claimed by the adys counsel that there
was any junsdictio Tor the proceedings had in Gen.
county, at the time she resident OF the
county oil New York. and tho statute IN relation TO
lunacy commissions could only apply in the county
OF which the party proceeded against Is an actual
resident. A short time since Mr.. W. q. Watson,
counsel for defendants IN the suit, sought to have
removed to Genesee county, but upon paintin's
counsel showing formidable array Of witnesses
resident In this city, numbering no less
than eighty, the Court denied the motion. The
to trial before Judge Van Brunt yesterday,
ana had just bscn entered upon when Messrs. Watson
and Peck, counsel Tor the raised the
question to the proper place Of trial Alter some
reflection Judge Van Brunt became Of opinion that,
while the plaintiffs had rights which they should
have opportunity TO enforce no thought the pres
ent trial necessarily take the form Of review OF
the proceedings had in the court in Genesee county,
and that the courtesy which this Court owed 10 that
made IL proper that the hearing should BIO had IN that
county He therefore suspended tho further trial Of
the ana RENTED the parties to the county in
which the original proceedings were had.