The New York herald., 1879-02-13
A wRoNGED WOMAN R1GHTED.

HUSBANDS NEGLECT AND DEsERTIoN DOES
NOT DEFEAT THE w1FE's CLAIM TO SHARE
PHILADELPHIA, Feb. ~, 1879.
Another interesting case has come before tho
courts. growing ont Of the conflicting csshs bf two
women to be considered the legal widow of nJnah
who died and left estates The property
is less than $4,000, but there are Cir
cumstances in the story which tho trial
unfoldcd that make the decision Of Judge
Hanna in the Orphans Court to-day. ono Of peculiar
interest and importance Even in the cold and un-
colored language OF Judge Hannas legal opinion.
giving only the essential facts there Is pa.hos ii
the recital OF the wrongs of tho first wife which
not but appeal to all who read the story.
Judge Hanna says:-John Coates and Ellen. his
wife. were married in England September l. 1874.
and lived together until his departure for the United
States on April 49, 1s47, two children having been
born to them before he set out for this country.
Coates left England with the knowledge and consent
of his wife, but with the understanding and promise
that he would send for her and his children soon
az he was able to do SO. In che year 1850 Coates
settled in this city, and ON January 2. 1851,
lie married Mary Aspen, by whom he had
seven children. six of whom arc now liv-
ing During tho years 1SJO-5l his eldest son
William was brought to tins country M from England
scented to have his youngest son Ashton brought
here. but he sent for his wife or rcInitted her
was possessed OF sufhcien. means prior to his
called marriage with Mary Aspen. From tho time
Coates left England in 1877 until 1884, he sent his
wife but f3 sterling for her support and msnt..
nance and from the tinie he departed tor the United
States she was compelled to labor to maintain her
self children until the latter sent for to JOIN
their father Coates married Mary Aspen In January.
1851, and about the same time his English wife was
informed y persons who had left this city and hal
returned to the village In which she had lived since
her husband had left her that he keeping com
pany with another She believed this report
to be true. becafe he had not replied TO her letters,
and she had written many implorirg him to relieve
her from her destitttion. She heard nothing. and
went hack to her ncnial labor
In the course OF time tho neglected.. poverty
stricken wife was gully Of acts ot nnae.ay, aor
Ing that she was cmbittcrcd by her husbands
neglect and that she had husband or protector
In fact. She remained in England until after ine
death Of Coates, when her Ashton sent her
passage ticket. She arrived here on May ic'o anu
At put in hcr claim for. the third Of hcr nus
bands estate against the WILL In which he hau re-
mciiibcrcd only his second Wife
the ground that hy inhds anna snv ma in Doins over
the case n instance recognizes the second wire ns
having any claim upon the property. "a rcmemocs
si-pcr nAssA's DECISION
,c.c facts "a ts evident that u the tcssator
living he "sss could have no .p5rad his wife M
Der iardcy MARRIAGE ,ows y he was no, the nrst
waud .csa.sis Che m'.,ss ~ 2, s woman 10 had
cherish chuow Win cnrthy
sood lie rft and his young children TO battle with
poverty her ,snp,a,isn and aI:s5ass y
i",,"rs IL s not dIcu believe that she would have
msju.j faithfnl and patiently waited until he would ask
her 20 Join hm ~ his new home But he was fcrvetnl,
a.d tlsn mr. nfaitfu and vw his representatives eau
r"s tnkc advantage of his own wrong.
After going into the Law Of the case Judge Hanna
says:--
thc right OF the widow under the act Of 1862 20 be
ne analogous her dover Law the
widow II tho prcssu ss has not forfeited hcr interest IN
tho estate by o her adultery In view of tho
statute Of Edward. which + hce In icIce sho did not
In, her husband abandoned her aud left her fYr
wears 10 struggle for livelihood battling against sick
povcy In vcw o the facts think " In cIcir
that mother bHrred Of her dover of her rig, 70
elect take her interest In late husband estate under
t.c nct v Elicu Coates tho widow Of the tcstaur.
will therefore be awarded third of the bsance OF tho
estate after deductng tho indebtedness Of the dcccdent
and the expenses Of the settlement of the estate.
This asserts the rights of the, lawful widow and
shows how great s the misfortune OF the second
wife aud her children. .f