The sun., 1895-01-06
WILL OF EUGENE KELLY.
ms SON, ROBERT IT,, rs NOT NAMED
IN m, BUT rs PRoTIDED FoR.

IN BUT ~ PhOVIDED FOhs
An Understa.ding that His Mothers Firh
OF the Re.idue was Meaut 60 Cover His
Needs-siio,ooO Left 60 Charities 20 ne
Designated ny Archsi-hop Corrigs. s.a
the Executors Real Estate to ne Held.
The will Of Eugene Kelly dlsposing OF an estate
estimated at $4,000, 900 and omttng so men,
ton one Of his sons was filed IN tho Surro-
gates Office yesterday. No affidavit petition
was filed with the will, and no paper TO show,
what the character of the estate s nor it's value.
The bulk OF the estate goes to the testator's
widow and four OF his children, and 100000 to
his executors and trustees and Archbishop
Corrigan. to TO divided by them among Catholic
and other charitable institutions in this city as
they may see ht.
The will was executed on Feb. 10 last, and the
executors named in II are the testator's sons,
Eugene Kelly. Jr.. Edward Kelly. and Thomas
II. Kelly. Paul Fuller. his attorney, and Daniel
sullivan. his secretary. Robert J. Kelly, the
third SON. is the one not mentioned in the will,
and no explicit provision is made for him.
Tho will directs that the executors and
trustees shallairst discharge all the obligations
of the testator and liquidate his interest in
whatever firm or business he may be interested
In as partner at the time OF his death. Then to
his wife, Margaret A. Kelly. the tcstator leaves
his city residence. 30 West Fifty-frst street,
with all the furniture. books, pictures, and
other contents; also the stable. 1875 West Fifty
first street. and the horses, carriages, and har-
ness. She Is also to receive 100000 in cash
and an income OF So5. 900 r year for life.
Seven separate trust funds Of sea, 900 each
are created for the benefit Of his grandchildren,
Mary Dolores Beales. Adelaide Elizabeth Beales.
EuCcne Joseph Bcales, James A. c. Beales
Louisa Sarah Beales, Henry De Soto Beales. and
John Charles Beales, the children of his daugh-
ter Eugenia, widow Of James q. Beales. The
trusts are created for twenty years, at the ex-
piration OF which time the benehciaries are to
receive tho principal.
The testator gives TO his nephew, Thomas J..
Kelly, of Joliet, H., $4,000; to his niece, Cath
crime Kelly, of the same place. 100000. and to
his niece. bridget Kelly, also of the same place,
$4,000. His nephew Joseph A. Kelly; Of Kan
between him and his children. To Mrs. Thomp-
son of California, the former wife OF the tssta-
@ ef t be- PdSded sa%ay bsween b
and her children.
The widow, the son, and the daughter Of the
testator's deceased nephew, Edward Kelly of
equally. 10 his friends. Michael }. Hughes and
hi. friend Willis J. Powell Of g. Louis, $1,000
keeper. TO Mary Berry, housemaid, and to
Eugene O'Brien his body servant $4,000 each
o'Brien. his coachman. and to James Brown,
who was his gardener for many years. $1,000
is ad s held s aso
celled. The will directs that To each servant. In
TO erss Se
paid, the money to be deposited in the name or
m ss on hs viii EWES to the
Of Sn Foa1
has been ever the same, and has SO endeared
him 70 me that cannot rest satisfied to part
mony. mon ~. His ample fortune would make it idle
for me to attest my feelings for him by any
legacy. but trust that he may receive from my, my
remain to him reminder of his friends afrec-
tion."
To those executors and trustees who may
qualify and to ATeh6shop s6S &c Cofrgnn ri Sbntiy the
such Catholic asylums and institutions as they
may approve and in such proportions as they
sun s sio.6eo s6 shall be given 70 Hebrew oharita-
BILE institutions. but this expression Is not to be
tas or the se money ABSOLUTELY In
explanation the testator says: " make this ex-
TSe pnd Hebrew nsttators @ solely because @ other
denominations are ,wealthier and better able to
care for their poor"
American College at Rome. and all powers OF
appointment or privilege Of any character en-
% gaes,hs % tom to his soh % Eugene Rely. JF 10 his
son. Edward Kelly. he gives all his rights or in
Metropolitan Museum OF Art.
The residue OF the estate is left in trust with
the executors and trustees TO be DIVIDED INTO nvo
equal parts for the benefit of the wife and the
four children: EuRenia, the widow OF James q
Beales; Eugene Kelly. Jr.: Edward Kelly. and
Thomas H. Kelly. The trust Is created for the
period OF twenty years. and IL the children are
alive at the end of that time they will inherit
concluding clause OF the will provides that
II any OF the children named desires to pur-
chase any real estate or to so into any business.
the trustees may pay to each so desiring sum
for each. 1t is also provided that the testator 8
Temple Court property and his real estate In
Savannah, Ca, shall not be sold until. In the
opinion Of the executors, 1t would be detrimental
The will was witnessed by Daniel j. Holden.
James Richards, and H. G. Peletier. Coudert
Brothers are counsel for the executors and
Mr.. Edward Kelly said last night that his
brother. Robert j. Kelly, was provided for;
"Besides the absolute bequest to my mother"
Mr.. Kelly said. ' one Of the fifths into which the
residu uary estate is divided is given In trust TO
excepting my brother Robert. 1t Is perfectly
we'll understood that my mother. at her discre-
ton. will properly provide for my brother Robert,
although nothing Is said in the will 70 that effect
believe likes 1t better than though he were
Obliged to care for the money himself. He has
never given his attention TO business, and so has
gained no business experience. or course he
in the same team the other day. don't sup
pose he has thought of such n thing as contest
Ing the will. He could not do SO anyway. But
as | say, my brother Is satisfied, and doesn't
On the face of the will 1t does not appear that
the widow has power to dispose OF the principal
OF her resduary fifth by her own will unless
she lives twenty years. but she has an addi-