The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-03-18
SAYS HER SON CHEATED HER.
MRS LTVLNGsToN's SUIT TO REGAIN
HER PROPERTY.

HER PROPERTE
She MA Not Read the Deeds n. rus Befsr,
Her TO Slgu-She Thinks He Has Beer
1aauences Against Her Since Hlis Mar
rinGe By = Relative OF HIS wife.
The suit OF Mary C. Livingston against hel
son. Philip Livingston Livingston. whom she
charges with improperly depriving her OF the
| property left to her by her husband. was or
trial before Justice Beach OF the Supreme
Court yesterday. The mother is II years Of
age. The son. who is practising as lawyer
Is 80 years old. Joseph II. Clioate appeared
for the mother. and David Mcclure and Her.
bert b. Turner for the defendant.
| Livingston Livingston. husband OF the plain
TIL. died In 1872. leaving his property to his
vito. In his will he said. referring to his only
child the defendant. that he had seen the evi
| effects OF giving property to a young man
without experience. He had. therefore. be.
aueathed HIS estate to his widow. requesting
her to give their son from tire to time what
she should deem proper. What was left OF the
| estate In the mothers hands in May, 1890
| consisted OF the houses % West Nineteenth,
street and a house In Fiity.third street pur.
| chased By her from the sale OF other property,
| These houses. which were heavily morteaged,
were conveyed by her to her son on May 8,
1900 he agreeing to give her an annuity
| therefor OF $500 year. He did not secure
the payment.
In her complaint Mrs. Livingston charged
her son with being Influenced by his wife to
secure her property. He had married Juliet
Dirckhcad Morris, daughter of William A.
Morris OF IL West Fifty-second street, on
April H. 1890. ut st. Bartholomew's Church.
On the witness stand Mrs. Livingston with.
drew charges OF conspiracy a against her daugh-
ter-tn-law. and said she could only account
for her sons conduct by her belief that he and
his vito must have fallen under the influence
OF his wife's aunt. Miss Brick head, and been
hyrnotized
Mrs. Livingston. who was the only witness In
her behalf. testified that in accord with her
husbands will she had given her son. in view
OF his intended marriage. the premises. II
West Twenty-sixth street. valued at $4,000.
which was subject to mortgage OF $25,OOO.
After his return from his bridal tour on April
30. $780, he had begun to ask her to convey
the remaining two houses to him. He spoke
OF obligations about to fall due. He called on
her day and night ut the Murray Hill Hotel
until she came to believe that there was no
other recourse than to decd the properties to
him. She was distressed at the fact OF his
leaving her to get married. and believed from
his conduct that he was about to cast her of
entirely
Il did not read the two deeds before I
signed them" she said. II did not know what
they were for Tho whole winter before his
marriage he left mo entirely. as though he did
not belong to me. I gavo him the house in
Twenty-sixth street to help him. but on the
day no was married he did not come near mo
to say word Of kindness. did not know at
what hour he was to be married. was too
late for the wedding. l tried to bring my
son to me as loving mother. was willing
to give him everything had. did not con-
slider what l was doing. My heart was very
warm to him. but his was not to me. 1t was
cold and hard. Our relations were very
friendly until his engagement After that he
was very different young man-not because
OF , his wife. 1t was occusioned b II very near
She could not understand how son could
be guilty Of such conduct 10 his mother. and
the influence. In aseri6ins it to tu maiden
court with her svn's wife. she said:
There sheis! She caused the trouble,
asked her about the visits OF her son. she said:
, Sot SHOWING my son had become my, enemy.
done She , said hss mi HIN ios
she had become Scsn on his bounty
y eH 'fH%s ?!Is ra IL gsyads" 70" "t
fsa TGs rest Of HnG her T ooi
consisted Of bread and tea. which she took in
She could. not remember. whether che had
was full Of sarcasm and ability, and would
opinion She said she had accented the
m2nrh on the nnGy under te
by her tears had promised t. return tho
10 TO n aE me- shf the saa s M H ft
on the stand: He won't deny it. sir SUISSE
q1Gn1y he Slt de tsys Il that b, Ind
bis moth he atto1ney in fact Wh Sos she was in
snI she Mor sccla hS
this he had declined to act further for her in
On, Visiting her after tho. return from. his
wedding trip she. spoke OF the obligations
was subsequently arranged. partly on her sug-
ISstton. that ne take the esncnnbered houses
esF onse ns npfa TIM s
street at S4O.oN He deducted the enc,im-
hrances consistin: q mortgages and accrued
nuity tables, Of the, Mutual Life, Insurance
Company and figured on the worth OF an an
It t. be sssoo PA YEAR ' Tor tho van" Of 9u the
enuities in thehouscs. He had made two pay
ments to her and then. on learning TINT she
assigned tho property to his Cousin. Lawyer La Yer
+. L. Short. as trustee. who thereafter made
to borrow $1,000 from his wife to meet ohliGn-
tons on nj the tr3perty: The Fitty.third street
and he had found himself out Of pocket in the
His mother wanted the return Of the prop
arty because she said she could not have so |
good social position unless she was indie
pendent He admitted on cross-exam nation |
curity for the payment OF the annuity. as u lifo
insularcc company would Eavo done.
On one occasion about Decenber. 1889 his |
mother huu hpcOmn excited md had ahaEaD
her fist in his face. saying she never wanted to |
see him again. He had not called on her until |
she had written to him months later. He had !
not reconveyed tho property to her because |
shc had told thnir friends that he had de- |
frnudcd ler. and such CONVEYANCE would have |
bCen nm acknowledgment Of her charge.
The case was not concluded. |
An Express Gar nuncd.