New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-18
! A MOTHER AGAINST HER SON
MIR. LIvINGSTON'S CLEAR STORY.
MRS. MARY c. LIVINGSTON A DIFFICULT WIT
To

c. A
NESS TO HANDLE.
peculiar lawsuit brought to trial before Judge
Beach, in the Special Term OF the Supreme Court. yes
terday in which Mrs. Mary c. Livingston. the widow
Of Livingston Livingston. IS suing her son, Pmnp lie
LIVINGSTON To the rccOnveyance 10 her oil two
houses one in Nnctecnhst. and the other In Fifty
third ST. which she declares her secured from her
through Misrepresentation. Mrs. Livingston has Sc
cured the services Of Joseph H. Choate and the frn
Of Turner Mcclure e R0lStOn appeared for the de-
PENDANT Mrs. Livingston remarkable witness
She denied things which she had sworn to In the
complaint and said that since the document was
signed some Of the things which she had supposed were
true she had learned were not true.
BY the will OF Livingston Livingston, his property
was left entirely to his widow. the plantif she
was TO give to the defendant an only child. what"
ever she thought best. Philip was educated mt liar
ward and at the Columbia Law school, and then Dc
gan the practice of the law in this city According TO
the testimony Of Mrs Livingston while on the Wit
ness-stand Yesterday Philip married on April &c. 17"o
Miss Juliet b. Morris, the daughter OF william n.
Morris. She declared that from the time he returned
from the wedding trip he imporuned her to turn over
her prop,ty TO him. lie persistent in these
requests that she finally consented, and signed the
deeds which the subject of the present suit by
them she conveyed Ia her son house In Nlneteenth
st. and another in Fifty thd-st. In consideration OF
which the promised to pay 10 MS mother u'c
sum Of 20 300 year for the remainder Of her HE
She declared that she had not known what kind OF
paper she had signed, and asserted that her sons
vfo had Influenced her son in dcfraudng her out
OF her property subsequently she had learned to her
own satisfaction that her dauecrin-law was not re-
sponslbc for the action Of her son. and she declared
that the maiden aunt Of her sons wife was the one
who had caused all the trouble.
In the cross-c examination by Mr.. McClure MIS-
II, excited
sisted upon saying good many things which the
lawyers did not want her to say, bat they iouhu IL
impossible to stop her. after few inehcc'nai al
tempts they gave it mp.
Upon being asked II she had not visited lawyer
soon after the deeds made. she replied
NO | waited some time to see II his heart wouu
not soften toward his mother"
Then being asked WHY she had accepted the mohcS
which her sou sent to her in following ont the agree
ment In the deed. she replied hotly:
AS | had taken Of him for eighteen years
DID not realize that | had suddenly become subject
OF his bounty"
The deeds were produced and the fact brought out
that tho son had promised to pay To his mother ,ne
sum of ~ 300 year during her life. she ac-
Lnowe,g,d that on the day she signed the deeds sic
did not have any money. and that she had consider
able sum shortly after the deeds were signed. she
remembered the check which had been sent to her.
Then she said she thought her son had been ihuuccu
ly other persons to act he had.
"Th, woman Is sixty seven years DID, size declared
and do not think It is Right tor her to get yanhe
man under her control think She must have done 1t
by the use II hypnotsn. This person IS the aunt Oh
my son's wife but think the Influence IS gone now
leca,l,e / think my daughtcrin-law has got tired OF
her."
The woman referred to and pointed out by the
witness WAS Miss Blrchhcad. who sat near her niece
Tine next witness called the notary who took the
aclnos ledgmcnt Of the deeds. lie SAID that Mis'
Livingston had told him that she had read the deeds
and knew their contents
Tile defendant was then called 10 the "ithe''sulu'
lie told A straightforward story, which evidently III
nrs scd Judge Beach I'm answer q the questions "i
Mfr Nc, ur, the defendant said that after he r,'hrhci
from hi wedding trip he went TO Sc, Bis mother ana
she spoke about her property ana told nm ''a' s"'
would De- obliged To- raise money 10 pas on the interest
on the mortgages on II, when would De u'c "'''''
few day, She suggested that the property be no"
.sc.d SIN nior and he expressed the opinion That II
WAS already 50 heavily encountered she "''a nina
sr,t dnculty IN getting any one to "'""'' any
,note money Oh IT, Then she suggested that 1t womb
lc better to sell the property IN Hlncteehms'' "''u
invest the money In annuity In meinSnr'nec com
many uc sgrcd 10 that and went away after the
Thc next night he suggested that he might get ms
xif, Ia enough Ia pay the Interest anu
iaAcs due. ard he would act III liIe Sa,,'r ~,
toward ii, mother that the Insurance company WE,ii
and be- would take Of The pfpP"fN. enc r'.'iIN
,s,seui.d To this. n II Would 0bNhc tie he'cN.H -,
in.lIne The transfer public. Finally the matter was
cflc,i b, hi, taking the deed, and promising - pa
his mother the annuity mentioned. lie had pad tnI,
,innun, regularly although II had been IN atnal
hurien 10 him "a. be had been Obliged 10 ta hi'" on
hi. limited private resources 10 pay II, b@a''e uc
rents World ~, do IT, once at III, mohcr's rcqu -.
he hld decided ~ ctc the property back T. hcr Du,
hls m,dlrr had circulated -tonr~ that he had rhca'e
Ter ard then he had decided - consult counsel ana
dc f..nd hl, good name in the courts. Ire cr'N'
examination wa, not finished and II viii be continu'i
this morning.