Evening journal., 1895-03-06

WILLIAM X. VANDERBILT.
fendant having appeared herein by An
dorson, Rowland q Murray, his attorneys,
and duly served on the plaintiffs $ attor-
ncys an answer to the said complaint here
in, and putting in issue the allegations Of
adultery therein contained, and an order
having been duly made and entered in
this action, whereby it was referred to Ed
mund Kelly, Esq, eounsellor-atlaw, as
sole referee to hear and determine the is
sues herein, and the issues of this action
having been brought on for trial, and hav-
ing been tried before the said referee, and
the said referee having made his report
thereon, bearing date Of Jan. Is, pursuant
10 the said order with the evidence and
proceedings taken before him, by which
report it appears and the said referee finds
and decides among other things that tho
material allegations of the complaint in
this action are true, and that the parties
plaintiff and ACKNOWLEDGEMENT married
IN this city and state of New York on the
goth day Of April 1875, and were resi-
dents of the state Of New York at the time
Of the marriage and until and at the time
OF the commencement Of this action;
The Charges Found True.
THAT the defendant has been guilty of
acts of adultery charged in the complaint
as in the said report found and specified,
and that there is no Judgment or decree
IN any court Of tho state of New York or
Of any other state against the plaintiff and
in favor of the defendant for divorce on
the ground of adultery or otherwise;
THAT the plaintiff is proper person to
have the care and custody Of the children
Of the marriage-namely Consuela Van
derbilt, William X. Vanderbilt, Jr., and
Harold :. Nanderbilt that the defendant
is a man Of considerable means and able
to provide for his wife and family, and
that the plaintif is entitled TO suitable
provision for the support of herself and for
the education and maintenance Of the said
children, and the said referee having di-
rccted that Judgment be entered in this
action in favor of the plaintiff and dissolv-
ing the marriage between the parties here
to, awarding the care and custody Of the
said children to Lhe plaintiff, and that the
defendant make suitable provision for the
support Of the plaintiff and for tho main
tcnance and education OF the children,
and the said action having come on To b9
heard on the 9Th day of February, and the
snid report. together with the testimony
and other proceedings taken before the
said referee, duly certified by him, having
been presented to this court for oonsidern-
tion, and on application having been duly
made to this court upon the said report
and all the proceedings herein for final
Judgment in favor of the plaintiff in this
action, and for such other or further or
der or relief as the court may decide prop
en- and an order having been duly made
and entered in this action on the day last
aforesaid rcciting among other things:
Custody OF the Children.
"That the court was satisfied that the
plaintiff is entitled to final Judgment in
this action for divorce and dissolving the
marriage between the plaintiff and the
defendant and awarding the care and Gus
tody Of said children during their respec-
tive minorities to the'plaintiff, and requir-
ing the defendant TO provide for the suit
able maintenance and 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 the 2lst day Of February,
and then and there present their proofs as
to the proper amount Of such provision
TO be required by the Judgment, to be en-
and for the maintenance and education Of
said children and for the support of the
plaintiff.
The hearing upon said order having
been duly adjourned to this day and the
parties now having attended before the
court at a special term thereof in obedience
to the said order, and the defendant hay-
ing then and there tendered to the plain
tiff a written instrument under his hand
and seal and bearing date of Feb, is, max
ing suitable provision for the education
and maintenance of the said children and
for the support of the plaintiff, which ten
der Of said instrument and the provision
made thereby We're thereupon accepted by
the plaintiff in lieu Of other provisions
for the education and maintenance of said
children and for the support of the plain
tiff who thereupon waived ana felinquish-
cd all her right and claim 10 have any such
provision required to be made by this
court herein, and due deliberation having
been had now upon reading and filing said
report Of the said referee and the said tes-
timony and other proceedings had before
tho referee, together with a summons and
due proof of the due service thereof and of
copy of the complaint upon the defend
ant in person and his notice of appearance
and the complaint and answer in this ac-
tion, and after hearing Joseph II. Choate,
Esq. William Jay, ESQ. and William A.
Duer ESQ, of counsel on behalf of the
plaintiff. and Henry n, Anderson, ESQ,
one Of the attorneys and Of counsel on be
half Of the defendant and on motion Of
Deyo, Duer s. Bauerdorf attorneys, it is
The Courts Orders.
Ordered, adjudged and deoreed. and this
court, by virtue of the power and author
ity in it vested, doth hereby order and
decree that the said report Of said referee
be and the same hereby is in all respect s
ratified approved and confirmed. And
it Is further adiudged and decreed, and
this court, by virtue Of the power and au-
thority In It vested, doth hereby adjudgg
and decree that the plaintiff. AlVa h. Van
/ derbilt, and the defendant William *.
Vanderbilt the parties to this action, be
and they hereby are divorced. and that
the marriage between them be dissolved
and that the same hereby is dissolved ac
! oordingly, and each of them IS hereby freed
from the obligations thereof.
And it is further adiudged and de.
creed, and this court, by virtue of the
| power and authority in il vested, dotl