New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-13
FRIENDLY SUIT AMoNe TIE AsToRs.
RESULT OF A MARRIAes CONTRACT BETWEEN
Mr.. AND MRS. WILLIAM AsToR.

RESULT OF MARRIAGE CONTRACT BETWEEN
Mr.. AND MRS. WILLIAM AsToR
An important chapter in the history Of the Astor
family wns told IN the papers filed In the Supreme Court
yesterday in friendly suit OF william Astor and his
wife, Caroline Webster Astor against their children
and grandchildren and William Waldorf Astor and
Charles F. southmsyd executors Of the last win and
testament OF John Jacob Aston. The story begins In
1852 when the prescYt William Astor. the son Of Will
lam Backlouse Aston, was about to marry Caroline
Webster Scfermerhorn, the daughter OF Abraham
Schcsmcfhorn. Befsre the marriage William Astor and
his intended bride entered into agreement, the gen
eral provisions Of which that in any event each
should retain the personal and real property which
each had before marriage which each might receive
after marriage and that trust fund should be created
for their Joint benefit during their Ives the prlacpa
OF which fund was to 60 to their children at Their
death.
This agreement was made September 10, 1853,
and the marriage took place soon anerwaru' Inc
persons named In the agreement are william Astor'
Caroline Webster schcrmerhorn, william backhouse
Aston and HIS wife Margaret parents OF william
James GaIlatin and John Jacob Aston, tr The two
last named were made trustees Of fund created by
william Backhouse Aston for the benefit oil his son and
his wife after they were married. The wfes share OF
this fund was to be In lieu OF any dover right she
might have In her husbands estate The first item OF
the property conveyed to these trustees was the prop
crty at the southwestern corner vi rnen-"'e' WIZ
Thirty fourthst. fifty feet In Fifthave and 100 feet
in Thirty.fourthst To this added bonds Of this
city worth s44SOO payable in 1883 the Same kind OF
securities worth S555OO, payable In 1870; Ncwfork
State bonds worth 30 705, part OF which were due In
1881 State bonds worth 80 900, due In 1855; United
States bonds worth S4s60O, payable in 1867; ohio
State bonds worth 81 $50, payable In 1885, ana OHIO
state bonds worth Sc4 eco, payable in Estimating In
all $1s4,555.
The interest on these bonds was to be paid to VIII
lam Astor and his wife during their lives and to him
alone If he survived his wife. II she survived him
she was only TO receive the income Of bonds worth
$4,000 during her widowhood. Upon the death OF
both the trust fund was to 60 to their children In equal
shares or TO their representatives II William and his
wife should die without issue all the property was to
return to the estate Of William Backhouse Aston.
This agreement contained 5000 or 5000 words, but
no provision made in case the two trustees were
removed in any way.
James Gallatin died in May, 1876, and John jacob
Asor died on February % last consequently there was
no trustee left The present suit is brought against
william Waldorf Aston and Charles F. SOuthmayd as
executors of the last will and testament of John Jacob
Aston; Helen Roosevelt, wife of James r. Roosevelt
Charlotte Augusta Drayton, wife of j. Coleman Dray
ton Caroline schermerhon Wilson, wife of J. Orme
wilson John Jacob Astor tr.. Mary Van Allen, james
Laurens Van Allen and Sarah Steward Van Allen. II
is for the purpose Of having appointed by the Supreme
Court a new trustee and for an accounting by the
executors of John j. AstOr of the trust fund.
the summons on the three lastnamed defendants. as
they are infants and children of Emily Van Allen and
James j. Van Aleu- whose home Is at Newport.
You will find 1t worth your while to examine the
short pithy advertisements on the ninth page this
morning,