New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-09-16
RAY HAMILTON'S WIDOW.
A COMPLICATED STATE OF AFFAIRS.
CAN THE NOTORIOUS EVA AND TIE go BABY

CAN THE NOTORIOUS EVA AND TIE $40 BABY
CLAIM THE DEAD MANS BIG EsrATE'
| The death of Robert Ray Hamilton has thrown the
Affairs Of his estate into such confusion that II VIII
take the ability OF the proverbia Philadelphia lawyer
| to unr;,vcl the lcsa! complications invovei. Inc
peculiar combination Of circumstances brought ABOUT
by his death at this time does not afford precedent
as far as can lie learned. Judges and lawyers were
! consulted by Tribune reporter yesterday! u"t "'"o
of them cOuld with any amount OF certainty wc hcr
| or rot Tie suit for the annumcnt OF Mr. li"'hli'oh
marriage with the notorious " Eva conld w ',''
! laincd. The prevailing opinion how"vcr. was 'ha'
1t could lot be maintained. II the Latter coh'eh"h
Is the correct one II would leave Eva" the E"ini
widow OF Robert Ray Hamilton, with dover rSn'
in his property unless his heirs shonld WIN S"o-
scquent sui: declaring that she was not Inc i'"i''
widow Of Mr.. Hamilton There are two se''o''s III
the Code Of Civil Procedure which seem to Indicate
that the action be maintained by Mr.. llanii'"hs
heirs. and these two sections are tho ones when ''o"
doubt upon tho generally accepted opinion that tho
suit cannot BE- maintained. These arc sections l''i'
| and 1854. The first reads:
An action annul nIatrng" upon the Grpnhu uhat
Ne former husband wife o. one Of the parties was
living tie former marracr being ia force nay Dc nlan-
tanned by either Of tn" parties. during the f"nc OF the
| other, by the former husband or VIII"
The second sc, ton mentioned reads n follows;
final jud q,ncnt annullinr rendered during
Of thu n,aihty Of thu rarrat' IN every cont o. re- oiu
OF record IN action or special proceedings r'
or criminal such JW!gu 1 rrnd red after the d'a'h ot
either tarty nnrrae" Is conclusive only as against
the partics the action and u">' claiming under t''
In England According 10 one authority consulted
such suit dies absolutely with either party but IN
this country it is no, well settled. although tho
usual rule IS that an action a matter OF course
dics with either party. Where the rau'c Of a'tioh
survives Of course the action may he brought b.;
he'll
TO the opinion OF several judges no Cause u action
remains. The suit was brought 10 annil marriage
and By the death OF one { tho parc, that "prct !
accom- he'd more effectively tlan any court could d.
It, Nothing remains but the prop RS right iiv"Vc'''
Until that question Is settled thu title 10 Eoier' hiF
IIan,il;r,'s property Is Gl!pr n ,lod. If Iva lam"I
had husband living II the timc Robert Ray l1"'"ii
married her. thea TIA. marriage l.. "i course 'o'd
hut If she caiihs her dover right III H. property teh
his heirs must prove that tho nMrnic oil lIa'i"''
was procured through fraud aud that he l. not i@iN
hi, widow Ordinarily sir would have to prove int
,lo wae Mr.. llauton's widow. but II is iihittci
that Mr. Hamilton married her, or went through The
form and II now rest, with the heirs {" prove tIit
| that marriage VOID. In any cast II l. an cN
cvcdingy Interesting question. >l"nd the hcir' h''
succeed proving that the marrin.'' Wa fraudulent
one, thea the baby. beatrice. comes III i'r 'r i"I'
share a. the only child IL Robert Kay Hamilton. uii'
| c,, they can prove upon the tai tia, sic 10 !'ot
| liainiltOn's child.
hi, Of course /, surpo,'nc that Mr. ila'n''n let
no Will He might d~rh"lt g." 'hiil. hn he c,''h
IN hi, estate
tolo,.-i Charlc, W. Fuller Of N,yonnc. one Of Eva
effect l;orit Ray lanIl ON, 6r''h W"'d ,h'| hi"h
tlc lcndins d'r"''" sun "a" '".i "i.rn Mr. LAM ~,
f. anIul a." marriage and uakr ia" nIrfrias" niract
vWd ta'cr tho" circumstance. the dr'hh "i VIZ:
y IN" >,'c or hy VI. llamilt"n- hers, i,
nov ,land'. Mr> il"ni.''M l. ""ui"d t" h"r """'r
vi ,.Sf ifs IA, Al = t
yns 1 Arm. G H I Sr ;r Tn ' Nil. i
course. p-.. all claim {" t"r dover Lnd IN labT. J."
a'r.c would TO-" t'r ~" a, ,'%in! ilr; W, W,
Mr.. Hrnil'on d',la~, tAA' ,hc maintained n" r..
a,lo, Il vi:" to hin ior four ,'s''~ PRIOR t' her mar
ria.-. lie had ntl"'iuoci her hi ~" o. numerous
occa"on. aud !, va at H. r,I'"4, nat i' m."7'''i
II the only proper cnlnna'"n OF ti".r cA'!"e r.
Robcr, Ray IIanril.ons death Ia" talk Of TIP.
town yesterday and nowhcrr wa, tn. Interest ID
BY II greater than the downtown bn'ine-. auart"r,.
inquiry IN" IN" urrnm-tn'cc. = III" d.a;h :, +" e
| cNct arvth.ng new IN ad.,'."u WA; h, arnd,
| been published. sIrc' stirn and speculation were
plentiful enough. but Of po,!'v" INTERRUPTION thu.
fa"d man. Wa dovn'oa' earl, IN n" dav. ,"'r hin
cvcrvwhrr" for f,rmr':'n and {" tho" = p"r'cf> %"
y s.; h. % nr ,. r \; h'e* Nrrr s rs %n a,'
.;rcm h"r I!rIT L. >ii|" n"r j. ',i k'f ,. Of
H. N" Ir"'-!i:. .-.t h.> all ~. ".' ii"i .'.:'i
anythils bn' n..' 'h"y Ind ,c"u g. ''' l"".r.;".
!
| from Root titi!.'. i,!,flne & IN. lawsuit. ID
ten fri,.i Mr. iiau.:it,H'~ h. ~. no" ~ prt
tul t. >,ral with l''hnl1t. ~" er'l"f Al ina
this d>ini' Il ultri" ~ MT r. l'. - ~ better.
hii r'c'fy h"ti >"!.' g. him l. in he IRA. i'd i
not NJ l!anllirn7 habit t. tiir, hu'in"N- letter
| ar,urr! 1iih lhi'n
a -trinr" feature Il ~" g." - Tho" m -: N
tnai"lv nruuHi'i'd vNh NJ. IIanlli III ! that 'nfh
ll cyicrt svam"r a. &c h ufl have l.-'I drpH red
IN that placid AID .hi!!"w .irc,r and a." fn't tHh'
Dr GREENS rriin: ~" body. s't 10 "'Nl
either by tc, rriph i't-r f. TT N"riin Green ar
General Hamilton j. all, Init aniy I"nurhcG "ii.
General Hamilton sid tat IN al pro: lil'fN W" h''N
would be brought East aui buried H. GREENWOOD Gene
terry.