New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-07
IA PELL'S PECULIAR WILL
A slit FOR IT'S CONSTRUCTION INvoLv-
ING LARGE ESTATE.

pur,ps SHALL LIVE OR TRAVEL on THE
CONTINENT OF EUROPE oNLY-A CUES
TON WHETHER THE LAWS OF
FRANCE OR OF THIS STATE
APPLY TO THE CASE.
Van Rensselaer, Cruger, as executor Of the
,,,u ., Jobn Augustus Pe who died at Pau
France. on July 8, 1894, has brought an action In
tho sunreme Court for a construction Of certain
,rovisions OF the wip and a determination as to
many questions winch have arisen as TO the dis.
nos,tion TO be made Of the large estate Judge
o,rr,en IN Supreme Court. Chambers, has grant.
"A an order for the service OF the summons "
publication upon the daughter Eleanor Living
atom Phelps: her husband, Charles Harris Phelps
ond their sum- Charles Harris Livingston Phelps.
who live in Paris.
MIR. PELLs LIFE WHILE INSANE.
Tho value Of Mr. Pelrs estate is estimated at
,,.- million dollars. He had an income OF
about 100000 year Mr. Pell had lived Ia Paris
almost continuously since 1867 occasionally stay
ING IN other parts OF Europe. Before that time he
was q resdent Of this city. Mr.. Pell. on Septem-
har 2 1887 was adjudged insane by the COURTS
and his wife. Susan NJ. Pell. was appointed the
committee of his person. The New-York Lie In.
surance and Trust Company was appointed the
committee Of his estate. After he was declared
insane and UP TO the time Of mis- death, two estao-
lishments were kept up for MI Pe one In Paris
and the other at Pau. and about ten servants were
In constant attendance upon him. HIS wife' VINO
had an estate in her own right OF about soOOOOoo'
died at Pau on December &c. 1893. After her
death her daughter. Mrs. Phelps, was appointed
the committee of the person OF MI. Pell, and an
order was granted by the Supreme Court award
ing the daughter al allowance Of $4,000 year
out of the income OF her fathers property for his
support and maintenance
THE WILL OF MRS. SUSAN NJ. PELL.
Mrs Pell gave life estate in all her property 70
her husband, and upon his death life estate 10
their daughter, Mrs Phelps with remainder TO
the daughters children, by her will. Mrs Peil
was the daughter of Moses Field, and at the time
of her marriage to Mr.. Pell, in September, lSis.
large sum was settled upon her By the terms OF
her will Mrs Pell provided that the daughter
should receive the income Of her property. upon
the death OF Mr. Pel free from all control Of any
husband she may have" but subject TO these con-
ditions: That during the lifetime OF her present
husband Charles Harris Phelps. she shall either
reside or travel in Europe or in the United States
of America unless she shall be divorced from him.
a vinculo matrimonii. and remain 50 divorced
from him. In case my daughter shall
reside or travel out Of Europe and out OF the
United States OF America during her marriage TO
her said husband. the said rents. issues and
profits and incomes for such period only as she
shall reside or travel out OF Europe and the United
State Of America during her marriage TO her said
husband shall be paid over TO my brother. Will
lam II. Field. or. II he be not living. then to his
wife, and If she be not living, then TO his children.
but in case neither he nor his wife nor children
be living during such period, then IL is to be paid
to the Chidren's Aid Society OF the City OF New
York" The will OF Mrs. Pell also provided that II
her daughter should take any proceedings to con-
test her will or that Of her father she should re-
ceive none Of the estate.
RESTRICTIONS AS TO RESIDENCE
The will Of Mr.. Pell gives the residue OF his
fortune to the New-York Life Insurance and
Trust Company. 10 be held IN trust for the oene-
fit of his wife and daughter. and upon the death
of his wife the daughter is to have the entire in
come. but upon practically the same conditions
as we're imposed in the will OF her mother. Mr.
Pell declares that the provision for his daughter
must be free from the control Of her husband.
and for especial reasons ne imposes these con-
d.tions-viz That during the lifetime OF her
present husband Charles Harris Phelps. sne
shall reside or travel on the Continent OF Europe
only, unless she shall be divorced from him ana
ment in writing from her TO the effect that she
has resided or travelled the Continent or
Europe during the three months preceding any
quarterly payment Of her allowance shall De
sufficient authority for paying over the sa:d
allowance. The testator in his VIII says; IN
case however my said daughter shall reside or
travel out of Europe durins Ter marriage TO said
husband the said allowance for such period only
she shall reside or travel out OF Europe snail
be paid over 10 my brother, George w. Peil.
to his heirs. and In case neither my said ,
brother be living nor any heirs surviving him. or
il he they will accept such allowance Tor any
such time. then the for said time only shall
be paid to the Chdrens Aid Society OF The
City of New-York"
1t is this peculiar provision. by which the
daughters bequest is made conditional in the
wills Of both the father and mother, that the
courts will be asked 10 determine There are
also other questions thai the executor Is IN
doubt about. of which IL as TO the dom.cile
OF Mr.. Pell at the time Of his death. II he was
domiciled In France at that time his will Will
have to be construed by the Laws OF France, OUT
II this city his home the laws OF this state
will prevail to the construction Of the Will.
II II is decided that the domicile or Mr.. Pen
was In France. ii Is said the daughter has GER
tain claims upon his personal estate which cam
not be granted, to her detr'ment, by the proNs-
ions of his will. Mr.. Cruger has grave doubts AZ
to whether the conditions imposed upon the
daughters bequest by the will are not invalid. a.
being contrary to public policy. they prae.
ticaly prohibit her from visiting this country. Of
which she is a citizen. and where the majority
Of her relatives live. The court WILL therefore.
be called upon to construe this provision or the
will, to pass upon the question OF Mr.. Pelis
domicile at the time OF his death. TO decioe
under what laws the will Is 10 be administered,
to determine the rights OF the daughter IN the
estate and what part OF 1t she Is the absolute
owner Of and also whether the conditions I'M
posed upon her are valid or invalid and to what
extent
Frederic r. Coudert is counsel for the Will