New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-08-02
4 LARGE ESTATE RECOTERED.
PECULIAR SUIT INVOLVING THE GESUINENEss
OF A SIGNATURE BY BETHUEL PHELPS

PECULIAR SUIT INVOLVING THE GESCINENESS
OF A SIGNATURE BY BETHUEL PHELPS
The suit brought by Maria H. P. Wright the widow
OF Dexter r. Wright OF New Haven, Conn, against
Thomas b. Sexton and others. to recover large estate
at Bay Shore Long Island has been decided in faVOr
OF the defendants. The properly consists Of about
COO acres the shore Of the Great SOUTH bav and has
been estimated to be worth from $4,000 to 100000
The title Of the defendants 70 II IS fully established by
this decision. The title 10 certain property In New
York City and New-Haven also rests upon the same
basis and win follow this decision. The decision i
by Albert Stickney. to whom the whole case had been
referred His decision confirms the sole title Of Thomas
i. Sexton and Charles F. Phelps TO the propert,
Messrs. Herman Bros. & Qun, John d. Herman. conn
sell represented the plaintiff aud the defendants were
represented by Messs Demirg Logan. with Salter =
Clark counsel.
The main facts were as follows In 1880 fShuel
Phelps who the brother of Mrs. Dexter K. Wight
the plaintiff. and was also the uncle OF Thomas b..
sexton and tie habrother Of Charles L. Phelps, the
principal defendants in the suit bought this property
Mt Bay Shore well all the other property in con
rOvey. At the time OF the purchase, and for reasons
perfectly understood between them, Mr.. Phelps had
taken title in the name Of his bTotherln-law, Dxter r..
Wright, who then acting. and up 70 his death In
1856 continued to act for Mr.. Phelps as bis legal
adviser and 10 certain extent his agent for this and
other property OF Mr. Phelps.
soon after the purchase Dexter r. Wright and his
wife, the plaintiff in the suit Just decided made ALSO
lutte deeds 10 Mr.. Phelps OF all the property thess
deeds were kept during Mr. Wrlghts life in his safe
In New-Haven with other valuable papers which Mr..
Phelps keeping there, he having no Office or safe
of his own After Mr.. Wrlghts death, in 1885, his
son and partner. Arthur b. Wright, now a lawyer OF
New Haven delivered all OF these papers 10 his uncle,
Mr. Phelps. But the deeds from Mr. and Mrs
Wright 10 Mr.. Phelps made in 1881 and had
d s1rac srlgr tod
and her children make quitcaim deeds to Mr. Phelps,
and this done
Tile claim made BY Mrs. Wright in this suit was
that the deeds made by herself and her husband In
ISL never technically came TO Phelpss possession
during WrfgtS lifetime that the delivery OF the deeds
bv Arthur to his uncle, Immediately after MS rather )
death was Of no avail and that therefore She and her
children technically owned the property at Wright >
death although Phelps had paid for it and had AWAY
teen understood and treated as the owner A 10 the
conarmatory dultclalm deeds made by her ana her
children after her husbands death, II was sild tSt
they were not fully delivered 10 Mr. Phelps, bht were
delivered to Walter ;. Logan, lawyer, OF New YORK
civ and member of the firm Of Deming Logan
who had been Mr. Phelps's counsel for a great many
wears and that they 10 be returned 10 MIS-
Wright Il Mr. Phelps should die before her.
The decision now male is that both sets OF deeds,
both The original and the cCnfrmatOy ones, were lN
delivered 10 Mr.. Phelps, and that, therefore, on oo'h
the above grounds lie had the technical legal tte a.
well a. every equitable right to the property.
The case involved an Interesting question to e1pefs
on handwriting. A certain paper the body OF winch
WAS I'm Arthur Wright's handwriting. was said by the
paintf TO be signed by Mr. Phelps but IL was said by
tho defendants that the signature was forgery
Eighteen witnesses testified that they believed the sig
nature TO be forgery Eight witnesses said they De-
loved II 10 be genuine. without aiirmatively decd
ing II 10 be forgery the referee Mr. sticmey refuses
70 consider it genuine. 1t was a very peculiar docu-
ment: II genuine. a very important document out
drawn On common letter paper. instead OF legal cap
with piece of brown paper for SEAL ana WITHOUT
subscribing witness.
The suit was brought against Thomas B. sexton and
Charles E. Phelps for the that in 1857 Bethue
pbsIns had sold the Bay Shore estate to them he
died in ISIS, leaving all his property u 'ne W VIII