The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-13
UNEsTABLIsHED PRoFEssoRsHIP.

In the Supreme Court, Chambers. yesterday Judge
Donohuc made order Tor service Of summons and
complaint by publication in q suit brought In the
name OF Merritt Trimble, executor of the last Will
and testament OF liberia p. Dzeduszyeki, trustee
under the marriage settlement Of Elberta p. Jones.
trustee OF the estate OF Ebert p Jones and indvdu
ally against Michael Dzieduszyeki and a number OF
others. The order directs the publication to be made
In the Daily Register aud the Star OF this city the
Two papers '.most likely TO give notice. to the de-
endants Ii also directs that copy the papers be
mailed to Michael Dz,eduszyeki, Maurice Dziedusz.
Yeki aud Marquis Dino Uguccione, all Of Florence,
Italy, and Josephine kiteman, OF West Chester IN
me State oil pennsylvania. The complaint III
ne sets forth that about the 23d OF October
Ebert r. Jones made Will In this city IN when he
bcqueatned to his wife, Sarah JONES' formerly Sarah
Kuteman, $4,000 IN Cash and support during her
lite equal TO one-lourth the annual income OF his
estate. To his son. Charles Frederick Jones' he gave
nil the residue OF his estate subject charge Tor
The support OF the widow. But II his wife should
give bIrtn to another child by him then that cnlld
Was share the residue equally with his son
Charles Frederick, both children TO have tho right
survivorsphp, or, in ohor words, either to inherit
die before the age OF twenty lone, without
ISSUE then the whole 60 Yale College found
proiessorship bearing the name OF the tcstator but
The interest only 10 be expended, and TINS provision
not TO take elect until alter tho death OF the widow.
Tue testator died in Apri, 1882 leaving widow and
two ch,dren-Charlcs Frederick and liberia Y.
Joncs-and the widow was appointed trustee OF tho
estate. She died 1862 and tho plaintiff was ap-
pointed general guardian OF the persons and estates
oil the two children. BY her VIII she appointed
gcine NJ. Kitteman as executrix OF her will, and as
such sue took possession some portion OF the es.
tate, WHICH subsequently transferred the plain
I'm. Ia December, 1870, Charles Frederick Jones,
ono OF the children, became OF age, and his
hall oi the estate the other hall being retained by
plaintiff AS the guardian Of liberia. In October, 1871
EDerta, being still under age ana DESTROYS OF marry
Ing the defendant, Michael DziedusZyeki subject
oi the Emperor OF AUSTRIA ante nuptal
was made oI her share under proceedings IN tho
courts here, to which neither Yalc College nor
Columbia College tine latter having the right under
the w to Establish The procssorship II the former
failed 10 do sol nor Charles Frederick Jones was
made parties The settlement Gated the plaintiff
trustee oil ner estate to be managed and invested Tor
her individual benefit. II sue died without issue her
estate 10 revert to her brother Charles, but II
lcaying ssuc then she 10 dispose OF It by will.
AT tho age OF twentyone she to get $l2 900, on
hor request, out Of tho accumulations, and at the
age OF twenty-five The whole she so re-
quested Sue subsequently, married aud died, and 1t
how believed her brother become tied 10 tho
residue, the contingency on which tho college
inherit never having arisen she attaiD cd tho
age o twenty-five, bat lett Will, executed in Italy,
purchase a souvenir oil her, and wife her CASH
mere shawl 10 ner daughter she gave all her Jewels
and personal ornaments, to her $lO 000 and all
the residue TO her husband Count Michael Dziedus-
zyck, tor his own use and bene IT. 1t claimed I'll at
she leit surviving but one infant son, her ghter
mentioned In tho VIII as having died before she aid
The object OF the present suit is 10 obtain an inter-
probation OF the deceased ladys WILL and to nave de-
fined the euty OF the plsntf as to distrIb
The estate and the execution OF the ante
settlement The residue of the estate 10 atsd at
nearly $500, 600.