The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-15
Orphan Children Seek to Recover
Their PatrimOny.
A MATRIMONIAL PROBLEM.
Two Aunts Dispute Their Nephews' Title
to Legitimacy.

plaintiffs, mother and two little sonA side
with their counsel, Mr.. Joseph h Choate, Mr. Secor
and Mr. J. L. Brewer; and but little distance from
them were seated the defendants two well dressed,
gray haired, handsome ladies, accompanied by gen.
tleman relative. Their counsel are ex-Judgs Fuller:
ton and Mr.. J. N. Balcsuer.
Mr. Choate, In opening behalf OF the plaintiffs,
explained that the action Is what Is called action
for eectment brought tor the recovery OF land. The
property In question dwelling house on the north
east corner OF Madison avenue and Twenty-seventh
street, and was formerly part OF the estate Of William
r. Hynes OF this city, who died possessed Of IL IN
June, 1874 "The most observable thing about
the case" said Mr.. Choate, "is the startling
inequality OF the contestants here. The plaintiffs
are the TWO children you before you sons OF the
deceased willie the elder, Is about six years old
and Andrew, the younger, ia but four. They claim
this property and heirs of their father subject
only the dover right OF their mother, tho widow OF
Mr.. Hynes. The properly is claimed on the
other side by two wealthy and powerful
ladies' the children's aunts and sisters OF
their deceased ather. These Mrs. McCreary, who
resides In Missouri, and Mrs Gay. wife Of wealthy
gentleman residing In the State OF Louisiana 1t is
not case Of the babes in the wood contrasting with
cruel uncle, but rather with their kind aunts-two
entirely estimable Indies, as believe.
ISSUE.
1.-THE question in the the claim and counter
claim on the part OF the defendants to the
ownership Of this property, and from the
answer IL disclosed the momentous and start.
ling fact that these littlo boys never had
right to be born" The defendants Mr. Choate added,
had yet shown their hands aud he at loss to
know what grounds they contested the claims OF
the plaintiffs He would show from the evidence to
be submitted that the iatner Of those children was a
for a long time resided st. Louis and many years
ago came to this city where he made his domlcile
and at least his prominent place OF abode In the year
1871 he went to Europe many go, Tor special
purpose but 10 rVman there tor some time with the
mad, ,Ue OF tho mohsr OF those CHI
dren in 1871 10 England, and, as they claim. was
legally married there IN that year and AFTER after
babes. Mr.. Hynes and she lived together
as man and wifc and supposed themselves TO
hold that relation TO each other In England, and
everybody there supposed them to be married; hc in
PRODUCED her his wife and she presented him to her
friends her husband, and after his death she was
cond oiled with rs his widow and the little
pilied bereft Of their father. One day Mr. Hynes
while in England left his wife and children to luke
drive with u friend. By accident he was thrown
from his carriage and killed without having made any
arran cement OF ais AFFAIRS OF course, If had made
will there would not any attempt the part
of the aunts to basardize the children When the
mother made hor way here with the boys, Think
ing they mad nothing to do but prove their Identity
claim the property, they were met with the asser
they could not touch the property Mr. Cnoate
believed the ladies' who contested the claim Of the
chiidren 10 be OF the highest responsibility IL they
were like the father OF tho CHILDREN they certainly
were; but he believed they were Ill advised and mis-
guided and that they wanted only the assurance OF
tho verdict of the jury that the lito boys
the children their brother. great deal oil evidence
had been taken London aud Paris, whore Mr.. and
Mrs Hynes had resided temporarily, and this would
REAL Estate OF THE DECEASED.
Mr. George b. Curtis, OF No. 90 Liberty street, this
city, then took tho stand and testified that he haa
been agent for Mr. Hyncs' property; he remembered
Mr. Hynes frequently visited Europe; previous his
leaving this country in 1871 the house referred
sold, ana on his return Mr.. Hynes furnished SUIT OF
Mr. Homer Morgan OF No. 90 Madison avenue, who
has boon in the real esiate business since 1872 and
who some time ago appointed receiver Of the
| rents OF the estate Of deceased. was examined. Ho
was appointed he said, about tho LIST OF December,
1875 ON the specific property IN dispute he had from
July 1874 TO November 80 1916. received 800 10
and paid out $7,243 80 From December l, 1876 I'M
Ill November l, 1871 he had received S5,s5s 81 and
paid out s42A "a He thought he never realized
clear more than ~, 800 year from the properly
| These gentlemen were the only Two Witnesses ex-
ahmed the rest OF day being occupied reaaing
| testimony taken IN England by commssion. The
coirne. Nara Cecilia Johnson, Isaac Neitnorpe. Will
| lam Dasly all OF London, wero put in evidence,
together with tho cross interrogatores and their re-
| plies 10 the same. The substance Of these
statements was That deponents had known
Mr. Hynes about the :. Years ISIS, when
children at No. SO Kelly street, or, as IL was also
called, Victoria Villa; was small house on the VIC
detached structure, with "a basement, ground floor,
first atcs and stood AZ the junction OF two
ceased address the lady as Mrs Hynes or ''My wife,.
TESTIMONY ACQuAiNTANcks AND RELATIVES
| James Mills, brother oil Mrs. Hynes vas introduced
to the deceased at the Lsnghan Hotel by his sister,
who introduced Mr. Hvnes as the gentleman to whom
she was 10 1e married; ai,erwasd he frequently
Road: WAS always introduced by Mr.. Hynes as his
brolherniaw Mr.. Hynes was on the point OF sending
witness to settle upon farm owned by him near ST.
Louis but witness decided not 10 leave England, "or
| domestic rcasons;' was on friendly terms witn Mr.
| William Evans. OF London, had known the plaintiff
Mra by mes aud Mr.. ". r. Hynss since March, 1873,
whom the latter called the house OF witness iatner
to rent Victoria Villa he said he wished il Tor
himself, vito and family; had known the little boy
| Andrew, since his Drtb
Thomas Mills, another brother OF the paintln and
stan sergeant ut the Sandhurs litary College. tesli
Ted that ne visited Al Victoria Villa In July 1872 and
| his sister introduced Mr. Hynes to him her hus-
| band
Joseph Mills. aged twenty-aYe, brother OF Mrs.
ceased al Victoria Villa, he had baen tnvited by
his sister to spend week or two Ia the winter OF 1877
from that time until the death OF Mr.. tynes he
the habit OF visiting tho latter aud MS VIE; deceased
told HIM OF his intention TO take Mrs. Hynes and the
| Edwin KingsweIl had become acquainted with de-
ceased III May, 1874, when nc with Mrs Hynes stopped
ut "Crab and Lobster Hotef the Isle OF Wight,
where wi, ness was head water; witness waited on
them, and was understood by everybody that they
were man ana vile.
syvania MARITIME had known Mrs. Hyncs previous
| TO 1871 ut The Langham Hotel. London, where Mr.
Hyues stopped ulerward sho had been Introduced 10
| Robert Nelson s,ratton was the proprietor OF the
Paxton Hotel at Norwood. London, In June, 1874
the 18Th Of that month Mr. Hynes was thrown from
carriage aud seriously iDJured he was takeE to tho
hotel OF witness. where bo lay until he dieJ week
later; his lrst request his wife and children
should Uc sent ior, and II done; Mrs. hynes re-
named beside hun until he died. All this was cor
roborated BY statement oil Susan Fannie stratton,
| wife OF witness.
DR.. Henry Guard Naggs, Of No. 1S9 Camden road
tesined that ne was called upon TO attend Mr. Hyues
when he mot with the accldent he asked for his wife
| and children, anu Mrs. Hynes aud the boys came 10
| him
John Jennings, aged seventy-eight years, "Cerk
In Holy Orders, Master Of Arts rector of the parish
| Cnurcn oi ST. John the Evangelist Westminster;
Canon and Arch Deacon, testified that he mud known
the planti since childhood had baptized the
fant Anorew, aud read the funeral service OF the
Church Of England over the remains OF Mr.. Hynes
the request OF ms WIDOW
A certificate OF the baptism of the other boy by
Arthur George Warner at ST. Mary's parsonage was