The morning call., 1893-01-27

| AS we are going 10 nave real EoOu TIME
out at home on this joyful OCCASION" Mrs.
Ny added "and you being a wholesale
| liquor merchant. l may as well place an
| order for dozen bottles Of champagne
] with you"
Sorry" said Porter. "but have not got
any champagne in stock but will give you
a card to some other house that viii fill
your order"
Mrs. Ny then left him TO make the prep
arations for her sons Publication.
She was greatly surprised and shocked TO
| hear of the news of the death OF Mr..
| Porter next morning. as he had been an
| old and true friend to her.
| Later on she began to have misgivings.
because the newspapers, in relating the cir
| cumsiances of the tragic occurrence, men
toned the fact that Porter had of late years
| met with many financial reverses.
| Mrs. Ny fastened to the Office of Lawyer
| Loughborough to find out If possible how
matters stood, but that attorney refused to
I give her any information.
She then employed Julius Reimer as her
| attorney and instructed him to ascertain
! how much Primo's fortune amounted to
and whether it was safely invested.
Reimer, Mrs. Ny and Primo Selma have
now been over week trying TO find some
traces of the trust fund. but so far they
| have not succeeded in finding any.
Mr.. Ny, who tells the story of the affair,
| says that they have been greatly disaD-
| pointed. but are vet hopeful of getting the
money from the Porter estate.
This will perhaps be done, and the whole
matter may yet be settled TO the satisfaction
| Of Primo Selma, although at present he is
very anxious as to the outcome Of the affair.
as is also his mother.
| The viii of David Porter, filed on Satur-
| day. will be probated on January 81 and ex-
ecutors will be appointed.
When this has been done demand for
the books of the deceased will be made. and
| from these accounts Attorney Reimer hopes
to learn just how his client stands.
AS matters look up to date, it Is feared
that PIim0's dream OF wealth has vanished
and that his fathers legacy consists Of
nothing, unless the trust fund should be
found to have been kept distinct and sepa-
rate from POr;er's PERSONAL estate, or that
the estate itself should, contrary to expec-
tation, prove to be large enough TO cover the
amount due to Ubaldo Selna's heir.
The will on fleln the Probate Court does
not state how high the value OF Porter's
serious losses encountered By him during
the last ten years the estate is comparatively
small.
BE ordered his property to be divided be-
tween his widow and his three daughters.
Grace, May and Ella, but never mentioned
the Selma estate in his will.
Porter's life was insured for $4,000
Attorney LOughborough, who is perhaps
1an nat I'm bov fpr st.
financially with Porter when he died, re-
fused positively to talk on the subject when
he was seen be CALL reporter.
Attorney Reimer who does not know how
much Porter left behind but would like 10
be in possession of that knowledge, also
was unwilling to make any statement. ex-
cept to ackn Owledge in a general way that
the facts as outlined in the FOREGOING were
true.
A call at the Ny residence was answered
by Mrs. Ny aud Promo.
Mrs. Ny had her hair all done up in little
punches fastened with hairpns. doubtless
preparatory 10 curling 1t. and looked very
nervous when the reporter wanted TO know
what she had to say.
81 will not talk about-this matter unless
my attorney instructs me to do So" was all
| She would say, and the troubled Primo
stood by her side never uttering a word.
The papers on file in the Probate Court
labeled "Ubaldo Selma Estate" are numer-
Gus enough TO make two large bundles. and
| the case is a familiar one to the attaches of
that court on account Of the many times 1t
| has come up in some shape or another on
motions of various kinds.
Judge COffey, when seen yesterday, I'M
mediately remembered the case and dis
| patched a clerk for the papers.
From these papers 1t was learned that
Primo Selma could not obtain control Of his
legacy on his coming of age. because final
distribution of the estate cannot be had
| until an aged mother OF Ubaldo Selma. still
living in Switzerland, either dies or con-
sents 10 a settlement.
This old LADY has no share In the amount
of money left by her son except a monthly
allowance OF $50 during her lifetime, and
the principal amount held in trust by David
Porter is supposed TO be intact to-day and
ought TO amount to $37. GEO.
Mrs Ny is a part heir to one-half that
amount on account OF the death of her sou,
Ubaldo Selma Jr.
Myrick's Probate Reports Of 1929, on
page 233 contain under the date of January
81 1879, a decision which explains how
matters stood with the Selma estate after
Ubaldo Jr. 5 death.
The decsion was rendered on an applica-
tion Of the administrator for a settlement,
and reads verbatim as follows:
Ubsldo Selma Sr. died testate leaving him
surviving him widow and Two sons, Primo and
Ubaldo.
The viii, af or making some money legacles
devised aud Deduea hed all the remainder OF
testatOT's property 20 David Porter and Peter A.
Giannni In trust. to hold, manage aud invest
the same for and during the life of his mother,
Payola Selma, and from the income thereof 10
pay her $50 Der mouth until her death, and the
remainder OF the iacOne To pay or eXpend for
the use OF said sons. aud IRON and after The
death Of my said mother / do give devise aud
bequeath all the said rest, residue aud remain
der OF nay property into which the same, or any
part thereof. may then have been converted or
invested by SAID trustees, or either OF them unto
my sad sons Primo aud UDaldO, share aud
share alike"
Tie estate OF Ubaldo senior has been admin
isiered and distributed 10 the trustees upon the
trusts made Ia Tie will
The entire amount distributed in trust wa5
about $4,000 on deposit In various savings
banks. which amount has ever since been and is
held by The trustees
Said Ubado Selma Jr. died December 81,
1876, uudel years OF age.
faY0la Selma, the mother OF Selma ST., Is still
living.
Upon the request OF the mother of Ubaldo Selma
Jr letters OF administration OF the estate OF said
child were granted To Davd Potter, one OF the
trustees under the will OF Selma Sr., aud an IN
vent0ly was returned in which the property Is
slated 10 be In substance as above set fort h, be-
Ing the undivided half of about S37 900 n the
hands of Tie trustees, and being expectaut upon
the death OF said Payoia Selma.
Iln administrator after rendering his account
for settle ment asks that the account be settled
aud the Interest OF The deceased child in the
trust be distributed, one-baf TO the mother of
the child aud the other half to Ills brother,
Primo.
After quoting the law questions involved
the decision goes on as follows:
Under these provisions the interest OF UbaldO
SELMA Ir In the property left by his fathers will
10 The trustees and the unexpended income
the e1f, was In his lifetime vested future con-
tinEent interest, which upon his death passed by
succession 10 his heirs, VIZ: has mother aud
brother.