The sun. [volume] (New York [N.Y.]) 1833-1916, 1884-07-20
sxv AAs Bur I'VE zUslAxDA

Hnfssnalisy Absss che 0aash Oests 4rs.
Hayes oeseyeeo Essass.
Among tho litigants who have attracted .
good deal OF attention In the Court House
during the past three years has bssn . slim.
nervous. talkativs lady Of IS. who always
dressed In black and carried an umbrella and
demonstratively manifested interest In various
lawsuits which were expected to determine
II she was anybodys wife. and II 80. whose.
She generally carried . bundle Of papers and
kept close to her lawyers. having sharp look
out for intsrlocutory motions. adjournments.
orders. and hearings and being not at oil back
ward In making suggestions 10 her counsel or
even to the Court.
The name Of this noted litisant appeared In
tho plsadlnss Of one oass - Sara O. Tilby and
In another - Mrs. HAYES. The evidence
showed that at one time she was . Mrs. DEM
Ing. She became Mrs. Morse after the death
OF Deming. She claimed that she had got
divorce from Morse In 1868. and married Mr..
Rowe. In 1866 she got . decreo Of divorce
s s hG.' But s aS.i sSs IN IT,
Albree and got divorce from him In Massa-
The nth husband WAS Augustus J. Hayes.
without being divorced from him, she married
snsscs M npie Teissown butcher Of wash
- She lived with Mr.. TIlby a. his wife until ~
ssys s s4u %se n s ss ' SH hc
S; Is y 81 VIZ. Az $
she immedis tsiy offered for probate and the
sons have been contesting It. They alleged
sa S Ics ss s WIFE, If As!
S ss. WIZ n sss s ri Hayes xss living with
In order e es.Sbllsh her rGht g Be rsckonsd
me w wns II Mr. IST S IN Hys:
She declared tas1 the marriage war never con:
ofiiclated as a minister at the wedding was not
am mi MI, ana that tho marriage with Hayes
This suit was pending when Mr.. Tilby died.
Interested in it. The case was sent to . reierse.
and .S there we're many lively sessions; In which
eree reported that the marriage with Hayes
vas lawSiuy performed IN 1874, and wss (, fol;
the Hayes marriage was legal. and judgment
pias5s Il .s g. saaSI ~ ses n. had s::s
a. I: Il: Sss,,
M Tss Sfsa; ;s sSssoss,s Ssa:
the evidence before him. to hold that the pro-
ponent Of the, viii was never the wife Of Tilby.
had not spen assss her,
Tho Surrogate was satisfied. he says. that she
vas incapable Of contracting q marriage with
james Tilby; that she was fully advised OF her
and tSst was ' svdencs 81 her Aston IL
keeping him In ignorance from the fact that
he actually contributed an af1davit to help her
in the Hayes case.
question whether will Is rendered invalid By
fraud and imposition practi sed upon tho maker
BY the rroponent OF the will One was an Eng:
Catherine Hickman. concealing from ber the
fact that he had been married previously to q
woman who was stll his Lawful wife. The Court
mot az Isl mad 70 r Ssr
grossest injury man can do woman. making
the precedent In English law that whore q be-
quest = made =. . TO person under . particular
NIT the person to receive the Legacy.
In another case quoted by tho Surrogate.
husband gave Legacy to woman whom he
described a., a. hi. vile who was at that time the
Court held that although q mere, mis- descrlp-
ton OF the lexatee would not void a legacy. the
fraudule assn mption OF q character to deceive
the testator would prevent tho legacy from TAX
Applying the principles Of these and other
cases to that Of Mrs. 1ilby the Surrogate d.
cides that the win giving MI. Tiby's property
cides that but for the fraud and deception
render void tho cit to > Mrs Tiby. the s' otssr
psrt s Of the will would never have been made
vide that no member. OF his family but she shall
lie In the same burial plot with him. The Sur
rogate therefore sets aside tho whole of tho
product Of such influence as the law pronoun-
The viii Of James Tilby being thus got aside.
his sons will inherit his property.