New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-10-25
SUING FOR HER SHARE.
A DAUGHTER OF MOSES A. SLANEN BRlNGS
AN ACTION AGAINST HER UNCLE.
PANAMA CANAL CONSTRUCTION PROFITS uN,c-
COUNTED FOX, ANp = Will plsPoNiN"
OF HER FATHERS tSrAIE IL


LEGGED TO Sc MISSING.
In 70 the time Of her marriage, on April last
Maude Eva Slaven Depierris thought she was an
heircss and would eventually receive large amount
of nancy from the estate of her father. Al the
present time she is no: sure OF IT, She Is the
on,y child b. MS frs. marriage OF the i@te MoseS
A SIa>en who win RS brother. Henry B SlaVen'
WAS the chief owner AM prme mover o. the
American Contracting and dredging Company This
colnyany hid large part Of the WORK OF the ran
anna Canal to do. and il paid large dividends up 20
IN. time WORK Was stopped on the canal.
Mrs Deplerrs has brought suit in the supreme
Court 20 secure from her uncle, Henry IS SlaNeh'
and her stepmoiher. Ellen a. slaven. her portion
of her fathers estate. The suit takes the form OF
a contention that Mr. Siaven her father. maze
will after the one which was admitted TO prood'e
and that in this later will she was remembered
while in the will which produced she is not
mentioned.
If there is any truth whatever in the afhdavits
which she has made and which were PreSe"''' "
the court yesterday. the case Will develop son''
extremely sensational features before 1t hnlshes
Tho case came I'D on motion to set aside an
order for the examination of Henry Il. and Ellen
4 Slaven Samuel Wesley Smith. Eiia SaNeh
Chamberlain and Henry G. Holmes for the purpose
OF getting information to draw a complaint. De-
cision on this motion was reserved by justice par
rett in the Supreme Court, Chambers
HE. sTEPMOTHER MARRIED. HER UNCLE
According TO the story Of the plaintiff her father
vs. married twice She is the only child by the
first marriage When she only two years Ola
her mother died Her father married again III le'o'
when the daughter by the first wife was SIN years
old. There were three children by the second "iic'
Now the widow has married the brother oil hef
former husband. Henry t. slaVeh VINO II aiSo
defendant in the suit.
Moses died on September u, 1856. At the time OF
her fnthers death the daughter says she was al
school in the Villa Maria Convent IN Montreal ana
she had been there some time before MS death.
She had no knowledge whatever that her iather
was seriously ill., she declares. and the first she
knew of his condition word which was sent
TO her 10 come home to his funeral She came and
was in the city less than week when she was sent
back again. Nothing was SAID TO her about her
fathers will or his property. or to what part OF IL
she was entitled. After she had returned 10 schooi
the american Consul at Montreal called upon her
and she signed paper which he brought
She does not know what the nature of it was ana
II WAS not explained to her. She returned to the
city about a year later. and lived at the nome OF
her stepnother She has learned that there Is
paper in the Surrogate's office with her name
signed 10 it as conserving to the appointment of
Edward d. Cowan as her special guardian for the
nurpose Of citing her to be present at the probate
OF her fathers will. Although she thinks she must
have signed it, she has recollection of having
done So She knew her guardian. she says.
Her uncle married her stepmother on May ~ iSss
The plaintiff says the will which was admitted
TO probate was which her father made IN le>'
when he about to go to Panama He was IN
poor heath at the time she says. and was AFRAID
that II he should die 1t would throw his estate INTO
confusion and prejudice the carrying out OF the
extensive contracts of the firm of Saven BROTHERS.
For that purpose the daughter says. he made the
will, giving everything to his wife. with lnstruc-
tons that the contracts be carried out
INFORMATION ABOUT ANOTHER WILL.
A few weeks or days before her father died. how
ever she declares he made another will which has
either been lost destroyed. she does not know
which This action is brought TO find out some
thing about 1t. Her information on the subject Is
derived from a statement of Henry G. Holmes, who
is an old friend OF the family He says that shortly
before the death of Mr.. Savep he was called in
from the next house 70 the 5layen nome IN 81.
formed the duty and returned home snort tine
sefnsed d"' to make an aidaVt 70 this fact for the
reason that he is and always has been friend OF
thing either side unless he was required to do
by an order of the court.
The daughter that her father always treated
her affectionatey. and while he was on his death
bed he asked for her number of times She
the time. Since she has been living at the home OF
her uncle he has often o od Of her m heinz tine an
TO a good deal of money. Since her marriage she
has asked him to tell her something specific about
what Interest she was entitled to in her fathers
estate. but he has always refused to comply with
her requests.
APPRAISERS FIND LITTLE PERSONAL PROPERTY.
The appraisers who estimated the value Of her
fathers personal estate reported that the personal
property was worth only 40 The affairs Of the
contracting company in such condition that
they could not form correct estimate of the value
Of its property The two brothers forming the com
pany owned 1888 shares Of the stock of the com
pany The plaintiff sets up the allegation that the |
dividends paid this stock up to the time opera
tons were stopped amounted in all to g $685.
put aside in the bank, besides the interest which
he had in her fathers estate And yet the APP
personal property belonging to Moses A. slaven's
Moses, live at No i55 West Seventy -eiShth-st
They aSs named s In the Will which was aam b
children who are made Defendants IL :he <pit are
Hemss ADAMS ' appeared fOr the " psiniif ""e
The defendants want the order Tor neir ex-
NUMBER Of legal obeeons 10 ant it, '1 the "o one
%ffs had the
viii, they could not be compellsd TO say, so. be.
sworn when filing the will which was admitted to
probate that there was no other will known TO
there was another viii. because that would be
testifying against themselves. Consequently the |
sS s pan Of me sooG
sh sn, pos ssSSh be aseS Shfr nine of
that the will was properly destroyed. and the
The attendants counsel count also objected to the
examination OF third parties who were not in
tcrested in the suit. The lawyers will have "A
chance to hand In briefs on the various points Of
law before the motion Is decided.
ANOTHER TRIAL OF THE STEWART CASE
The suit of Alexander Stewart, one OF the
numerous heirs who have appeared to claim a
part Of the estate of A. T. Stewart brought
TO trial before Chief Judge Daily in the Court of
Common Pleas yesterday. The whole court day
was used up in an Intellectual attempt to secure
a jury. Only eleven men were in the box when
the court adjourned for the day. The case will be
continued this morning. This case has been tried
once, and the plaintiff failed because of the weak
moss Of his testimony That defect has been
retncdied now, /: is said.
William H. secor. who is counsel for the plain
TIL, suddenly taken Ill when the was
called Monday Yesterday ex-Judge Curtis APP
pesred for the plaintiff, and asked for another
adjournment because OF Mr. Secors illness He |
rsid that Mr. Secor had become much worse within
he Ia IRentA-fnlr hours and his Nlnesa had