The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-06
WILLIE MUST STAY SINGLE
BARRED FROM TAKING ANOTHER
WIFE WHILE HIS FIRST is ALIVE.
Ample Provision Made for Mrs. VAN
Enchantress in the Case.


bilt All the papers in the case were sealed
up and nothing specific as to the nature
of the charges could be ascertained. The de-
cree by Justice Barrett awards the Gus
tody Cs the children of the marriage to
Mrs. Vanderbilt, it being provided that
they shall be educated in the United States.
The action was begun on Jan. last and
the defendant put in answer denying the
charges. Edmund Kelly was appointed ref
cree to hear and determine and filed his
report on Jan. Is. On Feb. and 25, hear
ings were had at special term of the Su-
preme Court before Justice Barrett on
motions to confirm the report and on the
question of alirnony. Mr.. Vanderbilt, on
the latter day, rendered the plaintiff
deed whereby he conveyed property in
satisfaction Of claims for alimony. Joseph
H. Choate, William Jay and William A.
Duer were counsel for the plaintiff. and
Anderson. Rowland & Murray were for the
defendant. Judga Barrett's order granting
the decree reads as follows:
This action having been brought by the
purpose of obtaining judgment of divorce
and dissolving the marriage between the
parties on the GROUND OF d defendanes 81 adql ths
complaint having been duly served ON the de-
fendant in person within the State of New
as appears by the affidavit of William H
Keogh, duly filed, and the defendant having
Murray his attorneys, and duly served on
the PLAINTIFFS attorneys an answer to the
said r. ana putting IN issue
tained, and an order having been duly made
and entered in this action, whereby 1t
at law, as sole referee to hear and deter
mine the issues herein, and the issues of
trial and having been tried before the said
referee, and the said referee having made
to the said ordar With the
evidence and proceedings taken before him.
by. which report it appears and the said
things. that the material allegations of the
complainant IN this action are true. and
We're We're married in this city and State of New
York. on the 10th day of April, 1875, and
were residents Of the State OF New .,, York
at the time of the commencement Of this
action. and that the defendant has been
complaint as in the said report found and
specified, and that there is no Judgment
York or or Of Of any any other " state against the
plaintiff and in favor Of the defendant
for divorce on on the grounds Of adultery;
that the plaintiff Is proper person to have
the marriage namely consueia Vanderbilt.
Vanderbilt: that the defendant is a man of
considerable means and able to provide for
IS s entitled ana to suitable a provision @ @ for the
support of herself and for the education
he said referee having m directed hat ud a
ment be entered in this action in favor
of the plaintiff and dissolving the marriage
between the parties hereto, awarding the
care and custody of said children to the
plaintiff; and that the defendant make
plaintiff and for the maintenance and edu-
cation of the children, and the said action
day e Is Pc ahd the Said hr
together with the testimony and other pro-
ceedings taken before the said referee. duly
certified by him, have been presented to this
court for consideration, and application
having been duly made to this court upon
the said report and all the proceedings here
in. for Anal judgment in favor of the plaint-
iff of this action, and for other such further
order and relief as the court may decide
and entered in this action on the day last
aforesaid, reciting among other things that
entitled to final Judgment in this action for
a divorce and dissolvinE the marriage be-
awarding the care and custody of said chill
dren during their respective minorfties to
the plaintiff, and requiring the defendant to
education of the said children and for the
support of the plaintiff, as justice requires.
and directing the parties hereto to attend
before this court at a special term thereof,
to be held at the county courthouse in the
city of New York on II the us, sst day OF t,ai. Ee6
proofs as to the proper amount of such pro
vision to be required by the Judgment to be
III,
ant for the maintenance and education of
said children and for the support of plaintiff;
dulv adjourned to this day and the parties
now having attended before the court at
special term thereof. IN obedience to the
ana there rendered the plaintiff q written
instrument under his hand and seal. bearing
date of Feb. 15, 1895, making suitable pro.
vision for the education and maintenance of
said children and for the support of the
wheh ee terebS n wege here
upon accepted by the plaintiff IN lieu OF oth-
er provisions for the education and mainte.
nance of said children and for the support
of plaintiff, who, thereupon, waived andre
linouished all her right and claim to have
anv such provision required to be made by
this court herein; and due deliberation hav-
ing been had, now upon reading and ming OF
said report of the said referee, and the said
teSelm0hy before the anu referee. together with
summons and due proof of the due service
thereof ana OF ia copy epson ui and md his potice Of
appearance and the complaint and answer
in this action. and after hear,ng Josepn ,,a a.
of counsel i'm behalf of the defendant, and
on motion of Duer & Bauerdorff. attorneys.
court. by Virtue of the power and authority
i'm it vested doth hereby order. adiudge and
that the sala rsp lepoLl Gr saia AL respect
ratified approved and confirmed.
And it is further adjudged and decreed;
and this court, by virtue Of the power and
a,,fhoritv in il vested, doth hereby adjudge
and decree that the plaintiff, Alva E. Van
derbilt and the defendant. William K. Van
derbIt the parties to this action, be and
they hereby are divorced and m that the mar r,
riage be dissolved. and that the same Is
them is hereby freed from the obligations
thereof.
'sAnd it is further adjudged and decreed:
and this court by virtue of the power and
authority in it vested, doth hereby adjudge
and decree that it shall be lawful for the
said plaintiff, Alva f. Vanderbilt, to marry
again during the life Of the defendant. in
liam K. Vanderbilt, were actually deod. but
it shall not be lawful for the said defendant.
w. K. Vanderbilt, to marry again until the
death of said Aiva T.. Vanderbilt.
.sAnd it is further adjudged and decreed
and the court, by virtue of the power and
authority in it vested. doth hereby adiudge
and decree that the care and custody OF the
said children of the said ma riN ge. name
": Consuela Vanderbilt, born March 2. 1877; I;
William K Vanderbilt. ir.. born Oct. 2S
lsss, and Harold vanderbilt. born July s.
Same hereby - awarded To Aiva r. Van