The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-25
SON AGAINST MOTHER.
A WIN Capable Of Different interpretations
Results In Family Feuds.

Prom, N, cnonnaa Commercial
Tho writ of John A. Homann agt. Eliza
beth Margarrtha lIomann is full OF novelty.
The circumstances are thrse Henry Homnnn,
the husband of Elizabeth and father OF the plain
tin died in 1865. lie left his last will and i"sta-
mnnt. that provided that the property should 20
to the mother, to he held for the proper mante-
nance aud education of tho children. trusting
their welfare TO nrr. Mr. Homunn was thu
owner Of large manufactures on seventh street
and Of much real cstato ia the CITY oil Olhclh-
natl
was made u trustee for the children. The plain
tiff claims that she has dsrcgarded her duties
to him. refused to mako provision for him, AMI
to recognize him AS beneficiary under sald
will.
Mir. Homann makes tho statement that he was
fifteen years Of age when his father dled. llo
worked as miner for two years in his manu-
featuring business though not drawing profits
from it, When about twenty. through tho strong
desire ~ his mother. he entered upon study Tor
the priesthood. After TWO years on thepioglcM
study he decided 20 give 1t NJ. and wrote TINS TO
his mother, She replied with great lnslstance'
and induced the priests toinliuenco nm To pro-
coed with his studies. He yielded ana became
an ordained priest. In June. 1873. he was or.
dancd. aud for three years fulfilled the dutes
OF priest. III took the vow to cclihncy. At tho
end OF this period he had grown into change
and united with ihe Protcstant denomination
known as tho Christian Church. AT this
time. too he married. Knowing the per,
secuton to which no would be subjected
for this step, the couple mnde n runaway
| match III it. wero united in Detroit and went
/ lllNltNlUlclN 10 NNlWuU WUtIf lifl t'.lN'i III
| The family OF Mr., Homann learned his where
nbouts. and his mother pied him with letters.
| Priests wrote 10 him, ana one day IN MS
absence n priest went to his house, talking SO
! violently to Mrs. Homann that she was induced
! to consent To n separation. A bond of 81 900.
! drawn in favor Of her brother for her use. was
prOflcred her by the defendant II she would
! leave her husband. The priest used arguments
| that the marriage was not "a legal one. Mrs.
| HOmann returned to Cincinnati and MIR.
/ HOmann went to monastery East which how
] md Ra No. tatp tn pnpnt yR nj
| and he followed his wife to this city. They
| were separated less than one week. and now
I H0mnnn advertised the check for 81 600 warn
! ing that It should not he negotiated rs
| she would not honor II subsequently
| frincipai i in the Goyinrton XVI High
School Troubles followed him. The parents
| of his wife, who were living with him, were rp-
! fused the sacrament on account Of their resi-
| dCncc with Mr.. Homann. one evening his vito
! WINS called down rtnirs She went leaving him
| long absence. he went down. found the street
| door omen. but no truce OF her could he disc9y-
! wife. Mr. HomRnn then announced his inten-
| ton OF prosecuting those who abducted his wife
| her whereabouts. which was the Home OF the
! Good Shepherd. Mr.. HomRnn also makes tho
| following statement regarding the business:
| - My father left his business in very pros
| porous condition. II was about the only thing
Of value no left 10 his bereaved wife and chill
| dren. The year 1865 which witnessed his death
realized profit OF nearly $4,000. We were six
| children four boys and two girls. The young
est. a mere bnhe. was not more than one year
| years old. and my brother Frank. who now owns
the business exclusively was about thirteen.
| This year Frank has realized the sAnguine
| provisions Of my mothers will. He has taken
| time 10y the forelock. The business in all its
| branches, including the monopoly Of candle
machine manufacturing, has been sold out to
him on his own terms. The business this yenr
will accumulate not less than $4,000 profit.
The will Of my father Is tho spectre which may
lead TO u correction of this maladminstra-
ton. and which may vet provide for the pros
per;y Of nll his children irrespective OF re-
ligiuus blgOtry. and irrespective OF the bull
doing OF one OF the children. To show up
Frank. he induced my mother to make a will in
which she bequeathed the whole business to
MIN TO the exclusion Of tho other children,
This Will had the privilege to read whom
was pastor OF tho Church OF Atoncment"
The following IS the petition filed by the
The plaintiff alleges In his petition TINT his
father died IN November. 1865. leaving n will boy
which he devised all his personal properly and
real estate IN Hamilton County TO his wife. in.
Guiding his Britannia wnre factory; that she
took possess .on under the will OF all the rea
and personal estate which was OF great value
and has carried on ever since the death Of tht
testatOr the manufacture and sale Of Britannia
ware. and has enlarged the business which has
| his mother holds the estate in trust for the use
and benefit OF the children; but that disregard
ing her duties IA trustee she has refused since
the Sth Of May 1876. 10 make any provision foi
the plaintiff or 20 recognize him as beneiici
|
The plaintiff further states that no was m
teen years n age when his father died. and tina
when he arrived NJ the age ot twenty years b,
began hsetudies for the Catholic priesthood
at the earnest request Of his mother; that h'
prosecuted his studies for several years. ant
during that time his mother. acting as trustee
! helped 10 provide for his support and education
rs she was bound To do under the will that II
June. 1873 he was ordained n priest in thu
| Catholic Church, and for three years periorme,
the duties incident 10 his Office; that in May
! 1876 when his religious convictions had under
gone change. he became conscentiousy con
WINGED that he ought for that reason to seve
his connection with tho Catholic Church tina
thcreupon he separated from the communion
o the Catholic Church. and entered into th
married relation. and he AYERS that on this nc
count. and for no other reason. his moihe
changed her relation toward him and refused
To- provide for his wants or TO care for his wei
fare though he was and now is wholly withou
means 10 provide in suitable manner for hi
support.
He alleges his belief that the real and pcr
sonal estate she took AS trustee, together witt
the property she now holds ind has acquire
out OF the business. exceeds in value tl75 00l
, He asks that she may be- cnJoincd from trans
ierrng or disposng OF the real and persona
. property. and that the Court shall determin
his rights under the will OF his father. an
order an account to be taken Of the trust estate