New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-14
PECULIAR WILL OF A WOMAN
ANS BYRNE MAKES A CONDITIONAL, RE
QUEST TO HER SON.
.,r WILL. GET THE PROPERTY If HE LIVES WITH
HIS MOTHERS FAMILY-NoTHING LEFT

,,r WILL GET THE PROPERTY IF HE LIVES WITH
MS MOTHERS FAMIl.Y-NoTHING LEFT
TO HER HUSBAND
r,a will OF Mrs Frances Louise Byrne. which
.os nled yesterday at the Surrogate's office. will
rchaby be bitterly contested, not much on ac-
a,unt OF the amount Of property involved as be-
cause OF the peculiar provisions concerning the
...s,ody Of the young child OF Mrs. Byrne. Mrs.
p,rne was the daughter OF a well-known and
..oo,thy resident of the district above the Harlem
p,ver Her brother DR.. Albert F. Brugman. of No.
,n.s Boston-ave. with whom Mrs Byrne has re-
osnty been living. was formerly a school trustee.
ond others Of her brothers we-known citizens
:, the northern wards
Miss Brugman married in June. 1890. to
Cornelius r. Byrne, a dentist, OF No 302 Alex
.nder-ave The couple lived together for about
o,e wear and then separated. The wife In the
carly part of 1892 began suit against her hus-
hand for limited divorce, and that action has
NOT vet been decided. Mrs. Byrne declared in her
complaint that her husband within few days
q, their marriage. and while they were on their
,,sddng tour ''firted" with other women and
g, annoyed her that she burst into tears and
,hought Of abandoning the tour. She alleged
that he continued a course of ill-treatment dur
ING the months when they were living together
frequently calling her unpleasant names and
several times striking her. DIR. Byrne, In his
answer, denied the charges and declared that the
,l.feellng which his wife showed was largely
due to the influence Of her family. The child,
Arthur Byrne. is about three and half
years old
HOW SHE DISPOSED OF HER PROPERTY.
Mrs. Byrne had an interest. valued at $4,000.
N ha ha do in
July OF this year. she gave to her brothers and
the children of her brothers small requests and
also gave $500 each to the pastor and the abbot
Mst Anselm's Church for the purpose of say
hg masses for her deceased father. mother and
brother and for herself. She then directed her
uecutors and trustees to pay toward the educa-
ton Of her son from the income of her estate the
sun OF 500 year until her son arrived at the
axe Of twenty-one years. and such other sums as
we're necessary for his maintenance and educa-
ION The will then proceeds: And when my
said arrives at the age Of twenty-one years
| give. devise and bequeath to him all my real
and personal estate at that time in charge of my
said executors and trustees, provided, however,
be chooses at that time to live with my family
or some member of ii, and refuses to live with
bis father or any member of his fathers family;
Il he chooses when he arrives at the age of
twentyone years 10 live Gith his father or any
member Of his fathers family. then and In that
case l give and bequeath all my property to my
brothers and sisters to be equally divided among
them" Provision is made for the disposal Of the
roperty in case of her sons death.
QUESTION AS TO LEGALITY
The legality Of this provision In respect to her
Sn's place Of residence after he had reached the
age Of twenty-one years doubtful. and on
further consultation with her relatives. j. c.
julius Langbein of No. Beekman-st. formerly
Judge OF one Of the district courts, was called
and codicil was prepared by him. The pro-
vision for her son was changed and the residue
OF her property was left to her executors and
trustees. who were two Of her brothers. in trust
10 invest and to pay out 500 a year or more, In
their discretion. for the sons education. mainte-
nance and support. The will then continues:
Upon his arriving at the age of twenty-one
years and in the event of my said son having
lived. cohabited and resided with
member thereof ! hereby give devise and be-
Queath all OF the rest, residue and remainder OF
my said estate together with any and all ac-
cumulatiOns of rents issues and profits then IN
the hands of my said executors and trustees, to
my said son, Arthur Byrne but, in the event OF
my said son, Arthur Byrne. refusing to ana no,
residing continuously with nv family and blood
or with some member thereon, or IN
the event Of his death before he arrives at the
age Of twenty-one years, then and In that case,
or in either of the above events i give. devise
and beQueath all the rest, residue and remainder
Of my said estate. both real and personal of what
soever name nature and kind and wheresoeVer
situated unto my then surviving brothers and
sisters TO be divided among them equally-share
and share alike. 1t being my express wish, VIII
and desire and also my intention that my SAID
son. Arthur Byrne, should not receive any snare
or portion of any of my said estate II at any
time during his minority he reside live or CO.
habit with my husband. Cornelius r. Byrne, MS
family, next Of kin or blood relatives
FOR HER SONS GUARDIANSHIP.
Mrs Byrne also adds in the codicil further di-
rections for the guardianship by her relatives OF
her son. 'it being" she says my express wish,
will and desire that my said husband Cornelius
= Rvrne shall In no wise or in any manner
whatsoever have any connection with. control
over or in any manner exercise any influence or
nower either over the person or estate OF my
said son. Arthur Byrnes, bringing up. manner
or means OF living or otherwise" The codicil
was prepared while Mrs Byrne was on her SICK
bed and she died few weeks later on August ..
Dr. Byrne. the husband, Is strons'y oppo c,s ~
allowing the child 10 remain with It's molners
relatives and he will undoubtedly begin haoeas
CORPUS proceedings to recover possession Vi IL,
and will also take measures 10 sc. 49, SIT eo,cv
on the ground that 1t is opposed TO puollc poncy
that a child should be kept away from lts idtIeI
unless he is shown to be uIht LOT the $3.50 800,
Of guardianship over him. inc bTusn p' iai' my
IL numerous and influential, and Dr. byrhe ALSO
has a large circle of friends, so that many up
town residents are interested IN tne Son ~,
the family difficulty In when tney nay ne nr 80,
volved and which will be lhtehsneu ~ 'S Wv
visions OF Mrs. Byrne VIII. ,u Nth tho Sur
Ex-Judge Langbein Alec the Will stn TO the
reis,iyss some Of whom live in distant States
40 noas, over the will Will not be begun until
the citations returned
LAWYERS FEES IN WILL CASE
DISPUTE BETWEEN COUNSEL WHO WE'RE On ii'h
SAME sIpE-AN ATTACHMENT VACATED
u,,,a,o II O,Rr,en. a Philadelphia lawyer. MADE
An annlication 10 Judge O'Brien. in supreme Co"iN
-. 1PP =. Cor an order 10 Yacate an