The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-06-13
THE WOMEN WERE DUPES
Justice Bradley's Opinion in the
Famous PomeroY Will Case.

Special TO the Jersey Cft5 Netrs.
TRENTON. June IS, ls91.-Justice Brad
ley, Of the United States Supreme Court,
has filed an opinion in the Pomeroy will
contest. which has been In litigation for
conclusion. The evidence was taken in
this State. but the argument was heard
In Washington. Justice Bradley files the
opinion here. because New Jersey Is on
his circuit
Tne opinion contains about eight thous-
and words, aud dismisses the bill, and sets
aside the agreement made between heirs.
which was sought TO be enforced. as
iniquitious. He severely criticized Frank
X: Chandler who set up the agreement,
which caused all the litigation.
This is one Of the celebrated will cases
Of this country;-the facts are more or less
mixed and the story complicated by de-
tails. George Pomeroy Of Madison.
died June "a. 1880, leaving an
estate valued at upwards OF
one million Of dollars. He then lived at
the elegant homestead property near
Madison. he left $4,000 OF securities do
posted with the New York Trust Com
pany for his wife to live on during her
life. The sum of 5000 was placed with
the same com many IN trust for his son
George. who was untitled for business.
Josephine, in the same way. The balance
OF the property was then given to Ed
ward and the daughters named above.
Edward, with Alfred Mills, was APP
pointed executor. EDWARD took charge
Of the personal assets. placed the trust
funds and paid the interest TO bis sisters
and brothers. He was a New York
broker, and the sisters became suspicious
that he was using the funds of the estate
In his business. The widow died In 1888.
and he took charge Of her s50, 600 and then
be paid to the sisters each $50, 600, but
they made an investigation and claimed
that they were entitled to at least
sl50,0oo They instituted suit against
Edward.
A STRANGE AGREEMENT.
Before the suit had reached completion
Edward died, and he left all his estate
and affairs in the hands of his Invalid
brother George, then in Paris. Edward
was largely indebted to his sisters, and
they looked to George to pay them. Then
an agreement was made In which one
Frank X. Chandler, whose wife is cousin
of the Pomeroys, entered into the mixed
transaction. He proposed an agreement
and had the sisters sign 1t, and persuaded
them to do so without consulting an attor-
ney. They gave up the 900 that they
had acquired before and agreed TO let
George come IN for an equal share of the
whole estate. They also annulled all the
claim they had against the estate Of their
brother Edward. This placed George on
whole estate. The sisters began to think
that they were being duped, but handler
satisfactorily explained 1t away and al
layed their fears.
THE JUDGE Is SEVERE
This fact led the Justice TO observe
that looking at the case at large it seems
to be the most ineQuitable agreement
axfr ad
less females"
Chandler was the confidential agent OF
George, who was troubled with brain dis
ease and could not act. The Court finds that
the sisters signed this agreement under
Misrepresentation. The means used 10 in
duce them to sign the agreement and to
settle the matter was the magnification
OF the costs and expenses which they
were in danger Of incurring by forcing
the suit. tt was also represented that
Edwards estate was large one and that
he died wealthy, and 1t would be included
in the division. The real facts were, that
If he had paid his sisters what was due
them he would have had nothing left.
The sister acted In the dark, but the
Court is Of the opinion that Chandler had
a clear knowledge Of what he was doing.
He had been Edwards partner in the
grain business in Chicago.
Justice Bradley says:-"1 cannot hesi-
tate TO refuse decree for the specific per-
formance of what / regard as an
iniQutous agreement As far as it has
been actually carried out by the parties 1t
must be held conclusive. The personal
estates of the father and Edward were re-
duced and diyided, each party receiving
$126,O This must stand The daugh-
tiers regarded this as a complete execu-
tion of the Agreements and thought no dis
turbance of their fathers will would
ensue."
The bill is dismissed with costs Other
litigations Will now follow In New Jersey
cQurtg-