The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-01-08
WILL OF EUGENE NELLY.
His Third Son, Robert J., Apparently
to Get Nothing.

Eugene Kelly's Will was filed in the
surrogate's office yesterday.
A singular feature about the document
is that The famous banker leaves the
bulk OF his fortune 10 five OF his six
children in equal shares. His third son.
Robert j. Kelly. is apparently cut on
without penny. Roberts name. in fact.
does not uccur in the will
When asked about this omission yes
terdav Paul Fuller OF Coudert Bros.
" no drew the will. said.
Robert j. Kelly Is alive. and rs son
of the late Eugene Kelly. having made
his homo IN the family residence. 50 West
Fifty-hrst street"
WAS he disinherlted absolutely? Was
no provision made for his support Mr..
Fuller was asked.
The viii sreaks for ITSELF replied
The lawyer. Il think that You viii md
that the win bequeaths nothing 10 Rob
ert."
why was he cut on?"
That" answered Mr.. Fuller. "is mat
ter 1 cannot discuss. You will have to
excuse me-
At the Kelly residence ali information
was refused regarding the will and its
conditions
Mr.. Kelly left fortune estimated by
some at over S25.0000lO. BY the terms Of
his will ne bequeaths $4,000 TO charity.
There is nothing in the papers in the sur
roSate's Office 10 show even approximate
iy what the estate is worth.
The Will was executed on Feb. l6 1894
and the executors named in it are the
sons, Eugene Kelly, Jr.. Edward Kelly
and Thomas IT. Kelly, Paul Fuller and the
testator's secretary, Daniel +. Sullivan.
The executors and trustees are directed to
discharge all obligations and to hquidate
his interest in whatever firm of business
he may be interested as partner.
To his wife, Margaret A. Kelly. the tes-
tator leaves his city residence, 80 West
Fifty-iirst street, with all the furniture,
books pictures and other contents, also
the stable. 1875 West Fifty-frst street, and
the horses, carriages, and harness and
other stable fiXings. She is to receive alb
solutely 100000 in cash and an annual in
come of $4,000 during her life.
Eight separate trust funds of $4,000 each
are created for the benefit of the grand
children. Mary Dolores Beales. Adelaide
Elizabeth Beales, Eugene Joseph Beales,
James A. G. Beales, Louisa Sarah Beales.
Henry de Soto Beales, and John Charles
Beales, the children of his daugh-
ter Eugene, the widow of
James G.. Beales. These trusts
| are created for twenty years, and at the
expiration Of that time the grandchildren
are to receive the principal of the trusts.
10 those executors ana trustees VINO may
qualify, and to Archbishop Corrigan,
Jointly, the testator leaves $4,000, to be
divided among such Catholic asylums and
other charitable institutions of New Eork
as they may approve and in such proper
tiOns as they may judge best $4,000 there
of to go to such Hebrew charitable insti-
buttons as they may approve.
This expression of my preference" the
testator says, lis not TO be construed as
creating trust or comforting any rights
on any institutions such as are above sug-
/ gested, nor does il subject the legatees to
any obligation to account for the DISPOSE
tiOn Of the fund, the legacy being made to
them absolutely. l make this expression
of preference in favor Of the Catholic and
Hebrew institutions solely because other
/ denominations are Weather and better
able to care for their poor"
/ All Mr.. Kenys rights and interests I'm
/ the American College at Rome, and all
( powers of appointment or privileges of
/ any character enjoyed by him in regard
to that college, he bequeathed to his son,
/ Eugene Kelly, Jr
To his son Edward Kelly he gives all his
rights and interest as patron or fellow,
! in perpetuity, in the Metropolitan Museum
/ of Art, appointing him his successor in
] that institution.
Numerous requests are made to
nephews and nieces and friends in the
west, and sums ranging from $4,000 down
ward are left to his housekeeper and other
old servants.
The residue of the estate is left in trust
/ with the executors and trustees, to be
/ divided into five equal parts, for the bene-
/ tit of his children, Eugenie the widow of
/ James 6. Beales; Eugene Kelly, Jr., Ed
/ ward Kelly Thomas II. Kelly, and Mar
/ garet a. Kelly
These trusts are created for twenty
/ years. and if at the expiration Of that
time these children are still alive, the
trusts win be terminated and the principal
go to the children, with the power to dis
pose of the principal by will.
A concluding clause of the will provides
| that if any of the sons or the daughter,
Eugene, desire to purchase any real es-
tate or to go into any business, the trus-
tees may pay to them a sum not exceeding
100000 out of the share set apart for
them
The testator also STIMULATES that
his Temple Court property, and
the annex adjoining it in Mas
sau street, and also his real es-
until, in the opinion of the executors. it
would be detrimental to hold them longer.
In the body of his viii Mr.. Kelly takes
occasion to express his great admiration
for his friend, Joseph Donohue. of San
Francisco. II is an unusual tribute and
most fervently worded. The testator saws:
During our long association, his kindly
character has been ever the same and has
so endeared him 10 me that 7 cannot rest
satisfied to part from him without giving
utterance to this testimony His ample
fortune would make it idle for me to attest
my feeling toward him by any legacy, but
I trust that he may receive from my wife
some personal article Of mine which will
remain to him reminder of his friends az