The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-01
MRS. FOSAAY'S RIG HTS.

motion was made, yesterday, In Supreme Court
Chambers, before Judge Lawrence, tho suit OF Mary
Pctgrow others against Jane Foshay con,in no
and enlarge tho temporary Injunction granted by tho
General Term 10 stay proceedings instituted by Mrs
Foshzy before tho Surrogate oil Now York. by winch
she socks to revoke tho letters Of adm Illustration
granted by tho Surrogate to Robert Pet.igrew aud
Richard q. Downing on the 10Th of March. 1875 Tho
particulars Of tho have already been Published In
tho HERALD. The defendant claims to be tho widow
OF Mr. John W. Pettgrcw who died intestatc IN 1875
III New York, leaving an estate OF from $780, 900 to
$780, 900. and leaving him surviving the pi,iutIiis
HIS mothsf, and Urothcrs ana sisters Dolcv.ng Tho
intostatc 10 have died unmarried letters OF adnnsra
ton procured 10 be ISSUED, without notice
To tho detendant, who had been inarr,d 10 Mr. John
D. Foshay IN 1910, ana who, Ia 1903 the pctilion
oi her husband, was divorced anu oibIddon to marry
AGAIN. la 1906 she was luarriod TO Mr. Pottigrcw, III
Now Jersey, aud tney lived together until 1875; sho
taxing care vi him Us "a nurse and housckcuper us the
pianLllls contonded, and the question OF law was
whether she disabled or prevented from marry
ing all ny The order oil the Court somo time u ,er
Tho ucatn Mr. PcItigrcw she introduced TO Mr.
Richard q. kiinUaI, TO consult h,n IN references 10
her rig hts under the wii aud III November 1915 10
tho name oil Jane Foshay, she gave notice writing
10 tno administrntors oil The deceased tnat
sho claimed $4,000 Tor services us housekecper
aud nurse OF tIe Intcsta,c,s from May l, 1860, 10
tho limo vi his death. wnicn tho lstrulors rc-
fused 10 pay. THIS claim Was uitcrwaid settled Tor
SI7 600 ana In settlement She stated In writing
thai .she was not tho lawful wife or Pettigrew una
that she made calm against his estate widow.
On tho 27.u OF June, 1876 she gave several iu re.
leases iu writing vi all her claims againsthc estate oi
the deceased. MIR. Clinton, wno appeared for Mrs.
Fosbay, handed III number vi afdavys rccting tho
above tacts W her marriage to Sir. Pcltsrew und
argued as 10 tue validity Of that marriage. lie also
SAID that alter the marriage the brother OF tho
ccascd, RoDort Petugrew. knowing mat this woman
had vcd with his brother Tor nino years, got let
t.rs of administration without Notifying her. AS soon
sho heard oi that she went to MI kmball una tue
result was the alleged stcment OF S17 900. but VI
VIII ch she only got 81 900. Tho sum wAicu klmball
stated that he received was Sill 00 and he persuaded
Mrs Foshay to leave $40 600 III bank investment
III uauk stock and mortgages. Sho was iynorant
wunaD, unable 70 ROAD Or wri,c. anu subscqu en- y
found that this money was not invested. She EN-.
ployed Other counsel, and they outaincd rom Mr.
kinbaIl $1,000 Sho alleges that she know that
auy releases shc s,gDod dscaimed her uower rights
as "A WIDOW aud that IL was "a conspiracy 10 dcIfuud
nor OF thosc rights AIR. Clinton that tue
only Court that could afford her relief under these
CIRCUMSTANCES was tho surrogato's Court, and that
tho Injunction should not DO extended or enlarged