The morning call., 1891-05-31
RICHARD
THE HEIR.
Another Decision in Favor of
Young JeSsup.
Judge Cofsy Again Finds That the Hegit-
innate Son Of Gershom P. Jessup Is
Entitled to the Estate,

Superior Judge Coffey has rendered an =
other important and interesting decision in
the contest over the estate Of the late Gers
hon p. Jessup. Again he decides in favor
OF Richard z. Jessup, the iilegltimate son
of the deceased capitalist, and states that he
believes his case has been made out on all
the issues as laid down by the Supreme
Court.
The heir TO the estate, which is said to be
now worth nearly 100000, Of which 100000
is n bank, was born on March 20, 1866
josie Lands, his mother, was never married
to Gershom P. Jessup, but eyi lence was in
trodueed in suppo Of the claim that the
latter acknowledged the boy as his son aud
supported him. Isaac Je5sup, brother of
the deceased, refused to recognize Richards
claim, and hence the long and bitterly con-
tested legal battle that followed.
THE MOST IMPORTANT QUESTION.
On the former trial of the contest the
most important questions considered were
whether the claimant was really the natural
son of the deceased and whether he had
ever been acknowledged as required by law.
Both Of these propositions were decided in
favor of the claimant An appeal was
taken to the Supreme Court and the judg-
TeheaTing, was reversed Ia the opinion,
written By Justice Fox, soon after his ap-
pOintment, ne declared that the claim OF
young Jessup had not been sufficiently
established because there was no proof tend
ing 10 show that the deceased had publicly
acknowledged his son. So the case was re-
manded tC the Superior Court for second
trial. which was commenced IN Department /
on September 10, 1890
The retTial of the case came on In the
form Of an application for partial dstribu-
ton by an helT-at-ldW which Is contested by
the relatives OF the deceased. As during
the first trial there was quite an array OF
legal talent, II. l. Kowalsky and w. II. l..
Barnes appearing for young Jessup and j.
II. Dickinson, John CARRIER and ID. NJ. Del
mas for the opposition. The testimony in
troduced is still fresh in the memory OF the
readers Of THE CALL.
THE PROOF COMPLETE.
Judge COffey's decision covers forty-eight
pages Of Typewriter legal cap ami makes
q comprehensive review oil the evidence and
the questions Of law involved. After allud-
ing 10 the matters touched upon in the SUI
pTeme Court decision Judge Coffey says:
90 not understand that the question OF pater-
nifty Of the petitioner was specifically RENTED TO
this court, for after repeated aud respectful
readings OF tie prevailing opinion in this case
mot Un!y for tie purpose Of the case at bar, but
lu other cases on trial 10 this court, In which II
has been referred 10 as authority, / nave found
AyAAiltB 70 IdtSd1 tue eAdLcIitui that IL - Gou
cedCd-it would have been impossible TO deny
that the proof OF petitioners paternity is com
plete. II Is true, this remark Is from tie dis
sehung opinion OF The Chief Justice. but / find
hOlhihg ID Tie prevailing opinion at variance
with 10.
Acting upon the rules Of INTERPRETATION and
CONSTRUCTION iaid down By the court, the inquiry
j. "hettief me acts aud declarations of tie de-
ceased amounted 10 public acknOW edgment by
blm OF ltS enid as his OWL, receiving IL as SUCH
INTO bis family, ana otherwise Treating II as If il
were legitimate child; but IN Tie determine
ton OF this controversy upon THIS trial The court
must consider that the fact OF paternity is denied
even here, and u Is tie first OF The questions OF
fact which Viii have 10 be determined la any uro-
ceedmg prosecuted by petitioner for the purpose
OF asserting his claim 10 Inheritance.
HIS NATURAL CHILD.
Referring to tue denial Of the contestants
Shat tie claimant is the illegitimate son of
the deceased, the decision holds that Rich
ard F. Jessup is the child of the dece ased,
and on this subject reads:
We have their history most plainly traced
from tie Deginning--lhe meeting of The bachelor
GershOm i. Jessup with the gil Josie lands in
MarysViie-ibe ripening OF their early acauaiHt-
Rnce mo intimacy, frequent intercourse IN that