New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-18
SONS OPPOSE THEIR MOTHER
PROCEEDINGS TAKEN TO HAVE AN OLD
WOMAN JUDGED INCOMPETENT.
TT 1s ALLEGED THAT SHE Is NOT ABLE "a
MANAGE HER BUSINESS AFFAIRs-THE
CASE TO BE DECIDED BY

JURY IN NEWBUKt
Mrs Mary r. Balken examined before Justics
Clement of the Supreme Court yesterday after.
noon in proceedings which her three sons. William.
Henry and George Baken, have taken to have
her declared incompetent to manage her business
affairs and to have committee appointed TO look
after them. She has been WIDOW Tor number
of years and lives in Cornwal-on-the Hudson.
With her lives her youngest son, Frank, who takes
care of the farm surrounding the house. Recently
Nrs Ralken has been with her daughter. Mrs. Fors.
TON widow who lives in New-York, and who is
bitterly opposed TO the proceedings taken by the
sons The petitioners allege that their mother 10
en,jrely incompetent 10 manage her aHairs They
saw that che is completely under the influence Ut
her daughter and has given the daughter power
of attorney which permits her to spend her moth.
ers money as she wishes. Mrs. Forster. in turn.
has transferred the power of attorney TO William
Martin a LAWYER who IL her intimate friend. Il
"a charged that Martin practically manages Mira
palkan,s estate It is also charged that he is not
resnonsible person, and the petitioners want some
one appointed who will give a bohd
The old woman entered the courtroom leaning on
the arm of her daughter and young nurse. AZ
she entered the room, George. one OF the sons
i,n,ned from his chair and rushed TO greet ner. In
a moment Mrs Forster had put herseh IN MS way
and IT looked though there was gong 10 De
scene Justice Clement interfered, however, and
told the parties to the action that unless they re-
Trained from all disorder he would not near the
ann,Ic,tIon Mrs Ba.ken assisted 10 the
stand. and told counsel that she was seyenty-seven
wears old. and that she did not care TO talk any
more than was absolutely necessary, because II
tired her She told how her boy, Frank took care
OF the place at Cornwall
He is a good boy she said, ''and he must b
taken Of"
When she was asked whether she knew what her
bovs wanted she replied that they wanted her
sell the house in which she was living and dvlds
The money with them. She could not DO IT, enc
said When counsel asked her whether she mai
raad the paper regarding what mad been said about
the application 70 have her dec.afei ihco'hpe'e"'
yes / read what they put in first when they
tried to make me out insane iney were ln's.an.n
when they tried to DO thar. III 10 "'oie A'Sa"s
When counsel asked the witness where she wa:
stopping now counsel for Mrs. Balken objected and
Justice Clement said that he would not permit tne
home OF Ms Balken in New-York 10 be disclosed.
'Jf tho sons want 10 their mother ne sdla,
they can pay their fare TO Cornwall W nile she
here she need not them unless she wants w.
| Will not have her bothered , -, -.
OF all hei property for her and collected the rents
He kept the accounts. and when she wanted nonss!
She sen. 10 him for II. He always sent wnat ing
asked for She could not remember "ha' she nAs
spent last wear -, -, ..,,,,
That ended the examination and the old woman
vas led out OF the courtroom one OF the sons
followed her and il was only after the protest o.
Mrs Balken's counsel that his own lawyer "e''
after him and brought him back o., all.
Justice Clement II Will deny your application
Argument made by counsel on both sdes -
TO the disposition to be made OF the case, anu y
was frally settled that the question OF the mo,ner
mental condition should be taken before jury 70
Newburg two weeks from Monday.