Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-03
QUEER ACCUSATIONS
Against the Guardian of q Girl by
the Latter's Mother.
RELIGION AND MONEY MIXED UP.
The Girl Defies Her Parents and Defends
Her Guardian.
LARGE FOITUNEINVOLVE IN THE CASE


NEW YORK, March Mrs. Catharine
A.. Kelly, the wife OF Thomas J. Kelly and
the mother of Frances Mary Syms. adopted
daughter of the late William j. Syms, ap-
piled to Judge Beach, in the Supreme Court
chamber, to-day for the removal OF Syms
widow. Catharine E. Syms, as general guar
dian of Frances, on the ground that she is
not a proper person. Mr.. and Mrs. Kelly
were in court with their counsel, and Miss
Frances Svms was present, with George u
Dewitt, to protest in person against the petl-
tion. Mr.. Kelly is employed in the Custom
House. Mrs. Svms was dressed in deep
mourning and wept at intervals.
Miss Frances Syms, or Fanny, as she is
spoken OF, is a young lady already in So
ciety, is II years old, and was in a state of
evaporation and vexation in the courtroom
at the attack made on her guardian and the
reflections upon her own bringing-up: all OF
which she controverted in a vigorous affi-
davit
Her Adopted Fathers Will
She was adopted when she was II years
old by Mr. Syms under an order o. the
Court of Common Pleas on October II, SS5.
Up to the time of her adopted fathers
| death she lived with him at his home, Az
Filth avenue. Since his death she has
lived with Mrs. Syms, whom she calls
Mamma Syms." The widow was MIR.
Syms' third wife. One of his former wives
was Mrs. Kelly's sister, so that his adopted
daughter was his niece by marriage.
Mr.. Syms died in April, 1889, leaving q
will executed in November. 1885,
By his will he gave 1856. 900 to Roosevelt
Hospital for an operating tteater; $50, 600
each to his brothers, Samuel r. Syms Pres
ident of the First National Bank of Ho-
boken, and John j. Syms, and to his sister,
Mrs. Mary E. Sewell; $40, 900 to Kate Kelly
| and S., 900 to Julia Kelly, the mother and
sister of his adopted daughter; S200,00O in
trust for Frances, and the residue to his
widow.
Fanny's education, maintenance and sup
port were to be provided for hy the income
from this fund, and all accumulated income
was to be paid to her when she reached the
age of 81. L: she dies without issue, the
principal is to go tn Mrs. Svms, or if Mrs.
Syms is dead, to Mrs. Syms' relatives.
Allegations Against Mr.. Syms.
1t is the fund which is the basis of tn e
Kellys' application. They set forth that
that Mrs Syms' interests under the will are
adverse to Fannv's-that is, it would be to
Mrs. Svms' pecuniary advantage ii Fanny
should die childless; that the guardian was
not yet Syms' wife at the time OF the depo-
sition; that she is not a proper person to be
guardian, and that she has coerced the girl
by threats.
Mr.. Syms, it is alleged, agreed with
Fanny's rather at the time OF the adoption
that she should be permitted to remain in
the Roman Catholic faith. Mrs. Kelly
asserts that the girl has been forced to eat
meat on Fridays and has been under
surveillance and restraint, spied upon, not
permitted to see visitors or be seen, pre-
vented from having any liberty, from hav-
ing anyfriends or pleasures and from carry
ing out any of her wishes inclinatlons or
desires.
Mr.. Kelly also declares that Mrs. Syms
prevented Fanny from seeing her relatives;
that they called frequently, but after Mr..
Syms' death were not admitted and we're
told that Fanny was not at home, when she
was.
Trying to Prevent Marriage.
Mrs. Kelly also charges that Mrs. Syms is
trying TO prevent Fanny from making an
honorable marriage, and from all of this al
legged misconduct on the part Of Mrs. Syns
the petitioner and her counsel draw the in
ference that she wants Fanny's fortune. In
support of the petition several afidavits of
former servants in the Syms house are pre-
sented.
A lawyer representing Samuel R. Syms,
the brother and executor of W. j. Syms,
and Mary E. Sewell, his sister, produced
afidavlts, stating that prior to their
brothers death they believed his wife a
worthy woman, but circumstances had since
changed their opinion of her.
4 Al
has always been free to 60 and come at will,
to visit and be visited, to go out into soci-
ETY., to spend days and weeks at time with
her girl friends in this city and at the sea-
side, and she has been away in the summers
with Mamma Syms. Miss Fanny says she
has will of her own and is going to exer-
else it. She has no fear of her life being
shortened Gas the Kellys suggest) unless
they continue to annoy her.
The Brothers Change of Heart.
She continues: 81 believe my future
prospects are safe with Mamma Syms. and
her interest and mine don't conflict" Mr..
Dewitt said he could also explain Samuel
R. Syms' change of mind. That gentleman
wanted to purchase from Mrs. Syms 800
shares of the stock of the First National
Bank of Hoboken, to hold his position as
President. He told her it was worth 5000
share, but she would not sell, because she
thought it was worth more. Subsequently
the stock was sold at S4O0 share Samuel
had been very friendly until her refusal.
Mrs. Syms made an affidavit, corroborat-
ing Fanny. Up to the present time not l
cent of Fanny's income has been touched,
all of the expenses having been borne by
Mrs. Syms. A proceeding to have the
Court make Fanny an allowance was under
consideration when the present proceeding
was taken. The amount suggested was
much within Fanny's annual income of
$4,000. Witnesses testified to the worthi-
ness and competency Of Mrs Syms. Decis-
ion reserved.