Birmingham age-herald. [volume] (Birmingham, Ala.) 1890-1895, 1895-03-06

MRS. ALVA {. VANDERBILT,
By Decree of Court, Is Free to
Wed Another,
THO HER HUSBAND THAT WAS
Must Remain as He Is-Civen a
Divorce and Custody of
the Children.
THO' HER HUSBAND THAT WAS

NEW YORK, March 5.-Judge Barrett OF
the supreme court this afternoon granted
decree of absolute divorce in favor OF Mrs.
Alva e. Vanderbilt from her husband,
William K. Vanderbilt, the well-known
millionaire. As all of the testimony and
the report of the referee have been sealed,
no facts can be ascertained as to the parties
who are implicated with Mr.. Vanderbilt.
Although liberal allowance has been
granted Mrs. Vanderbilt there is no record
of the sum which her husband has agreed
to give her. The only paper the public can
examine Is the decree OF divorce. Mrs.
Vanderbilt is to have the care and custody
OF her three children.
The decree is granted upon the report OF
Edmond Kelley, who was appointed to hear
and determine all the issues involved.
In the action the complaint in the suit
was served on Mr.. Vanderbilt January 3,
last, and within short time the answer OF
MIR. Vanderbilt was served by his coun-
sel, Anderson, Howland & Murray. The
case was sent TO the referee on January IL.
Mrs. Vanderbilt was represented by Joseph
Choate, Col. William Jay and William A.
Duer, and Henry Anderson represented Mr..
Vanderbilt.
The referee made his report on February
8, In which he found all the allegations in
iut GULL pldlut 10 Db tTue, tudb mIS.
derbilt was entitled to her decree OF divorce
and that she should also have the custody
OF the three children, Consoleo, William
K, Jr., and Harold Vanderbilt.
Mr.. Vanderbilt raised the issue as to the
allegations of the divorce in his answer by
denying the charges made in the complaint
snd upon the issue the case was sent to MIR.
Kelley as referee. His report finds that al
legations of Mrs. Vanderbilt are true, and
that Mr.. Vanderbilt has been guilty OF the
l. aata nh Oh i'm, tan
were married ON April 20, 1875.
Neither the complaint nor the answer,
nor the report OF the referee, nor the testi-
mony is open for inspection. The only
paper that can be seen is the decree OF the
court. In this it is set forth that the ref
cree finds and decides, among other things,
that the material allegations of the COM
plaiuant in this action are true; that
the defendant had been guilty OF the
acts OF adultery charged in the complaint
as inthe said report found and specified;
l.hatthe defendant is man OF consider
able means and able to provide for his wife
and family, aud that the complainant is
entitled to suitable provision for the sup.
maintenance OF her children. The referee
haxiilg directed that Judgment be entered
| In shis act in favor OF The plaintiff and dis
sol red the marriage between the parties
hereto, and the action having duly come on
to be heard on February s., 1885, and the
referee having duly made his report to this
court, the parties were directed to attend
special term OF this court on February 21,
| 1895, to present evidence on both sides.
Said hearing having been adjourned until
this day, the plaintiff presented an agree
ment making due provision for the educa-
|. tion and maintenance of the children and
support of the plaintiff, dated January 19 =
1895. The plaintiff duly waived and relin-
such provision required to be made by this
court herein, and after hearing Joseph Il.
Chcate, William Jay and William Ii.
Duer OF counsel on behalf OF plaintiff. and
Henry H. Anderson for defendant, and on
motion Of Jay, Duer q Baurdorff, attor-
neys for the plaintiff, it is ordered,
judged aud decreed that the said report of
the referee be in all respects ratified, ap-
proved and con frmed, and 1t is further ad-
judged and decreed that the plaintiff, Alva
e. Wander bilt, and the defendant, William
X. Vanderbilt, the parties to this action,
be and they are hereby divorced, and that
the marriage between them Is dissolved ac-
cordingly.
permitted to marry again during the life of
William K. Vanderbilt, as il the marriage
to him had never taken place.
1t is decreed, however, that William X.
Vanderbilt is not permitted to marry dur
lug the life oil the said Alva e. Wander
bilt.
1t is ordered that said William K. Van
derbit be permitted to visit the said chill
dren at all proper times.
1t is also ordered that the children re-
ceive their education in the United States
upon consent OF both parties through their
lawyers in court.
The three children OF the marriage are
ConsueIo, born on March Q, 1877; William
K. Jr., born on October g., 1878, and
Harold s., born on July 6, 1884. Justice
Barrett said that he had had the report OF
the referee and a transcript OF the testi-
mony since early in February
81 was sick +" he said, "or would have
signed the decree long ago. Today is the
FIRST have spent in court since my illness
and this divorce was one of the first things
that attended to in the course OF my duty.
"Mr. Vanderbilt has made ample pro-
to pay her lump sum. am not at I'D
erty 10 mention the amount, OF course, but
It was considered entirely sufficient by
Mrs. Vanderbilt and her attorneys. The
testimony and the report OF the referee are
sealed, under a provision OF the law"
1t Is said that Mrs. Vanderbilt has ar
ranged to sail for Europe tomorrow for
long visit. She will be accompanied by
her three children.
The story of the trouble In the Vander-
bilt family first came to the knowledge OF
the public last August, when cable dis
patch from Paris stated that formal nego.
tiations were then In progress for Judicial
separation between William X. Vanoerpilt
aud his wife.
The name of Nellie Neustretter, q very
WELL known woman living In Pariss was
mentioned in connection with these pro.
cesdings. She had recently established
herself In expensive apartments In Paris
and at Deuville, with an elaborate entour-
age Of servants. The domestic relations
almost . climax last spring, when tho