The Wichita daily eagle., 1895-08-10

| had lived in Paris almost continuously
| since 1865, occasionally staying in some
| other part of Europe. Prior to that
| time he was a resident OF this city. Mr..
| Pell. on Sept. .. 1887, was adjudged in
| sane by the courts. and his wife, Susan
| II. Pell. was appointed the committee
| OF his person. The New York Life In.
surance and Trust company was ap-
| pointed the committee OK his estate.
Since he was declared insane and up to
the time of his death two establish
ments were kept up for Mr.. Pell, one
| in Paris and the other at Pau, France
and a retinue of about ten servants
Were in constant attendance upon him.
His wife. Susan NJ. Pell, who had an
estate in her own right or about $6,000.-
600, died at Pau, on Dec. 80, 1888. After
her death her daughter. Mrs. Phelps.
was appointed committee OF the per-
son of Mr.. Pell, and an order was grant
ed by the supreme court allowing the
daughter $4,000 a year out OF the in
come Of her fathers property for his
support and maintenance.
Mrs. Pell gave life estate in all her
property to her husband, and upon his
death to their daughter, Mrs. Phelps,
with the remainder to the children by
her will. Mrs. Pell was the daughter
Of Moses Field. and at the time Of her
marriage to Mr.. Pell. in September, 1S4S
the terms of her will Mrs. Pell provided
that the daughter should get the in
come Of her property upon the death
of Mr.. Pell, "free from all control OF
any husband she may have" but sub
ject to these conditions:
That during the lifetime Of her pres
ent 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 re-
main so 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 income
for such period only as she shall reside
or travel out of Europe and the United
States of America during her marriage
to her husband, shall be paid over to
my brother. William III. 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 it is to be paid to the Children's
Aid society of the City Of New York.
The will of Mrs. Pell also provides
that if her daughter should take any
proceedings to contest her will or that
of her father, that she should receive
none of the estate.
The will of Mr.. Pell gives the residue
his fortune to the New York Life In
surance and Trust company, to be held
in trust for the benefit of his wife and
daughter, and upon the death of his
wife the daughter is to have the entire
income, but upon practically the same
conditions as Were imposed in the will
of the mother
Mr.. Pell declares that the provision
for his daughter must be free from the
control Of her husband and, for special
reasons, he imposes these condition,
viz: That during the lifetime OF her
present husband, Charles Harris
Phelps, she shall reside or travel on the
continent of Europe only, unless she
shall be divorced from him and remain
SO divorced from him. The mere state
ment in writing from her to the effect
that she has resided or travelled on the
continent of Europe during the three
months preceding such quarterly pay
ment shall be sufficient authority for
the paying over or applying to her use
the said yearly allowance. In case,
however, my daughter shall reside or
travel out of Europe during her mar
riage to said husband, the said allow
ance for such period only as she shall
reside or travel out of Europe shall be
paid over to my brother George w.
Pell, or to his heirs, and in case neither
my said brother be living, nor any heirs