The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-02-19
ONLYAJEST,
Mrs. Emma Bentley Not En-
gagged to Marry Mr..
Whedon.
APPLICATION IN CHANCERY.
Her Children Desire Her Removed
as Executrix Of Her Hus-
bands Estate.

counsellor STllDeIG COlllnS, representing
Eleanor B. Dixon and Warren Dixon, her
husband, Emily P. Bentley and Peter Bent
ley, asked Chancellor McGill this morning
to remove Mrs. Emma Bentley, executrix
and widow of the late Peter Bentley of this
city, from the management of the
the property. "Our BILL" said Mr..
Collins, Charges that Mrs. Bentley
has used not only all the income, but she has
turned into cash the principal left by the
late Peter Bentley and used that too. She
has permitted current taxes to accumulate
for three years, and has sold some Of the
property to co-tenant of her husbands,
taking his obligation to pay the taxes. She
has been wasteful, extrava CANT and even
distrustful herself of her ability to manage
the property"
THE STRAW THAT BROKE THE BACK.
Mr. Collins added that the straw that
broke the camePs back was that Mrs.
Bentley has become engaged to young man
named George Whedon, person half her
age. This ardent young lover has been it
seems advising Mrs. Bentley to do just as she
pleased with her husbands property and
uuder his advice, Mr.. Collins said, Mrs Bently
has been trying to sell her late husband
office for Sc, 900 and dispose of other property.
When she was upbraided by her children for
her folly she replied, 'Tll spend the money
right and left' and that she is doing now.
s'She has used S21, ,S26.40 of the estate
when she had no business to spend cent of
it. She has spent $35, 600 in six years for her
children"
MIR. Collins argued that she had right to
spend money to support her children and pay
the taxes and debts out of the income; but
/, ~ I,r ,-fn
She ought not be allowed to use the corpus
at her own will.
MRS. BENTLEY'S ACTS DEFENDED.
Ex-Governor Bedle, representing Mrs
Bentley, answered that she (Mrs. Bentley
has the absolute right to do what she pleases
with the property left to her by her hus-
band. She denied that she had wasted the
husbands will allows her to make
and continue investments, provided
that she does not re-marry.
She insists that her right to manage the es:
tate is absolute and she cannot be compelled
to make any accounting of her estate. The
monies spent by her were spent for the main
tenance of the seven children. They are
Eleanor B., now Mrs. Warren Dixon, Emma
Peter, Richard, John, Eugene and Arthur.
Mrs. Bently denied that she is engaged to
George Whedon and only said SO in the pres
ence of her children as a jest.
sThe whole thing is absurd, and we have
Mr.. Whedon in court to displ owe it, said Mr..
Bentley's counsel, and he turned to where
the individual sat-
HER ENGAGEMENT A JEST.
Whedon is a young man, apparently about
thirty-two or thirty-hve years of age. He
has a light brown beard and dark eyes. His
face flushed when counsel referred to him,
and during the proceedings he looked about
as comfortable as if he had been sitting on
red hot stove
The Whedon engagement incident was ex-
It appears that on January /, 1894, while
in conversation with her children. someone
suggested that Whedon and she should be
married. In Jest she replied that perhaps
they would. Some days afterwards she was
asked if Whedon and she were engaged, and
to continne the jest, replied yes" This
was only jest Mrs. Bentley claims, and she
does not intend to be engaged.
Appended to the widows answer is an affi-
davlt by Whedon, who admits that the en-
gagement was announced, but always in jest.
He never entertained any idea of being en-
gagged to Mrs Bentley.
Ex-Governor Bedle, after brushing this
matter aside, maintained that man has an
absolute and unalienable right to do with his
property as he pleases Mr.. Peter Bentley,
he said, knew what he was about when he
left his widow in full charge. Counsel based
the widows right to do as she pleased with
the property upon this clause of the will i
After payment of my debts I give, de-
wise and bequeath to my wife Emma during
her widowhood the income of all my
estate, both real and personal as well that
which may be possessed of as all that
which am now possessed Of
II nominate and appoint my said wife
Emma sole executrix of this my last will and
testament, and hereby empower, authorize
and direct her to sell and convey any or all
of my real estate as to her shall seem meet,
and authorize and empower her to execute
sufficient deeds to the purchaser thereof"
This will was signed and executed July Is,
1871. Mr.. Bently died in April, 1888.
In March, 1882, however, codicil was
made confirming the preceding will, and in
this document appears this, statement
ssShe shall not be held accountable for any
loss or mismanagement incurred during said
widowhood, nor shall she be compelled tc
account for said estate or its management by
any court"
AUTHORITY FROM HER HUSBAND.
From these Mr.. .Bedle argued thatfor what
ever Mrs. Bentley had done she had author
ity by her husbands will, and made the
point that it is well settled in law that the
court has no authority over the executrix.
The Chancellor this afternoon appointed
W. A. Lewis receiver of the estate.