New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-11
HALFTHE AMOUNT ALLOWED
11-sr1CE JARRETT DENIES JAMES r.
ROOSEVELTS PETITION.

HE NAMES $4,000 INSTEAD or 100000 FOR THE
SUPPORT OF THE TWO CHILDREN. AND
SAYS THEY MIST NOT BE TAUGHT TO
LIVE IN An ExrRAvAGANT MANNER.
I,dg. Rarrett in the Supreme Court. Yesterday
denied the application made by James r. Roose-
Welt for an allowance Of $1,000" Tor the support anu
maintenance Of his two children. James H. an"
Helen Rebecca out of the estate left 10 'hem by
their mother, Helen Astor' aiio u! ''''' e
father William Aston
rha children were born on August 81. 1879. and
Sentember o. ISL respectively. and on November
70 1885, their mother died at Ascot leaving 10 '"e
children an income of $4,000 per year from ""''
estate. =. ,,o
Tho father James Roosevelt is secretary 10 the
Tinted States Embassy at the Court OF st. james
I1o porrntt to whom the application was
,rode scores the petitioner. and allows only SlooV
q wear for the maintenance OF the chliur'h III 'i''.
words: Il know OF no principle or pfcce"ei'' ~
would Justify the court wholly cohnii'"s ~
report The boy is under fifteen years oil age t',e
girl under thirteen: the one Is at schooi III ''''
country: the other Is living in London WIN SoI"e
NJ her fathers relatives. Their fathers ho"Se
hold IS maintained not so much as a ho'"e ior
thom-thouCh they occasionally snare us 'oiii'i''
&C an establishment suitable to his official sta
tion The allowance asked (S3O.WD Is soiheth'ns
quite unheard Of 1t is difhcuit to conceive vi any
circumstances which would justify It, Such
sum is certainly ont Of the question "huei ''ie
present circumstances. The Income OF THESE iiliahtS
Is large and that should. of course he cohSiuere"
So TOO should their worldly surroundings But
can make no such precedent as the granting OF
this application in It's entirety would lnVoNe' Inc
Income should not be dssipated merely TO ac-
custom these children to luxury. Nheh tneS
are of age they do what they Will WIN 'he''
own In the mean time they should be taught 'iie
va,uo of money ard should be habituated 10
lion RAT
gance and the qualification of every iuNur'o"S oe-
sire
They sh )uld have everything IN reason VIM"
their situation calls for: thoroughly good educatoh
maintenance and healthful recreation ana II he'eS
sary the best of medical service. When they are
older and their needs social and otherWlse' are
Greater the earlier allowance can be judicousy
increased A special application can always De
made to meet exceptional circumstances bu' a.
present there is nothing which can properly can io
SO extraordinary allowance as $So~0 per ahhuii'
After careful consideration. have come TO 'he
conclusion that an allowance of $500 per annum
should cover every proper expenditure for ms or h
comfortable maintenance thorough puu, In
fact deem this allowance an eXireme eN radc
of discretion. The report VIII accordlgy p To- 10Th
and an allowance hhde Oh si''V" pei '
children. ~. ra,ort ~ the
referee William g. Davies. who says III ms leio't
that the expense of maintaining the chllute" III Z"
position equal to their station VII De Ss daughter
Agfnr
Helen's marriage to the petitioner Wliiaim AStUi
made q provision for a regular ana stpdIat,e III
come for her and with that end In view ne as,ls
~ the United States Trust Company as uue'ers
sioo 90 in bonds of the Federal CioVernfneh. anu
The cities of New-YOrk and Cincinnati prouu
an annual income of 500 900 This assignment St.luu
lated that the income was to accrue 10 inc uh"eu
Ter and at the time of her death was 10 De a. az
tided among her children. sisters ana pro'heiS a.
che should by will devise. ..,- WA
On lime ; 1855. Mr.. Aston made lutthet ~
,ision for his daughter 10y executing 10 NJ. M 90
eunnlemental deed of trust of an addtioial s-'o'"
In railroad bonds under the same cohdl'i0ils, a..
When William Astor died he left VIII 10y W, w,
tor,ns Of the fifth clause of which ne gave 10 NJ
executors $500 600 in real and personal proPeLS 70
he held in trust for his daughter Heit NY ~ ~
come IN 90 10 her during her lifetime Az hei
a. Was 10 he disposed of among the same rrlauSe
az were the two other funds, ana ~ was Lui i,
nrovided that should she die without haNlns ne
rposed of the trust by will II should pc uN !,
lIr Aston had intended, among her protheiS anu
sisters and her heirs-at- law. .. .,,, q
I,v the fourth codicl of Mt. Aslor WI, ~
s,r, of 500 600 was placed In the hands OF
The executors TO be held in trust Ior ~, frnd
daughter Gieen). making the toIa, n nnS i""'
constituted under the will amount 10 ss'!vv; t,rd
Sirs Rooseyets will directed that the trnst lurns
created by her father for her under tne ueo' W
enual,v divided between her two chlidrei' os an.
On March 49, 1894, James r. Rooseve,t, w 30 Ia ~
jr,oI rnardian Of his children and on May = ID
he made application that the chiidren oe lion
sen nn ear for their support. The apRiicaioa
was made before Justice Patterson o. ny ""i ~
Cont who appointed Mr.. Davies referee