The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-04-14

MRS. BENFLEY'S SIDE
The Famous Suit Resumed
Before Vice Chancellor
Pitney Today.
ANSWER TO THE CHILDREH'S CHARGES
Explains That There Was No Ex-
travagance-Her Right to
Sell the Property.
ANSWER TO THE CHILDREN'S CHARGES

The famous Bentley suit was resumed
before Vice-Chaneellor Pitney yesterday
afternoon in Chancery Chambers This
is the suit where the children of the late
Lawyer Peter Bentley are trying 10 re-
move their mother from her position as
executrix of their fathers will. The chill
dren, Mrs. Warren Dixon, Mrs j. NJ.
Rector, Peter and John Bentley, say that
Mrs. Emma Bentley, their mother. is in
huenced by nice-looking idler, George
F. Wlheedon, and she is selling the corpus
OF the estate to such an extent that when
the youngest child comes of age there
will be little left for them.
Yesterday afternoon Mr. Cortlandt
Parker. counsel for Mrs. Bentley, asked
the Vice-Chancellor to strike out of the
testimony all references to the relations
OF Mrs Bentley with Wheedon. He said
that the young mans conduct had no
bearing on the case. The gravamen of
the charge. he said, was that of waste
ful conduct on the part of Mrs. Bentley
in disposing=of the estate, and her rela-
tiens with the young man had possibly
no connection with the ISSUE He asked.
therefore, that the accusa tions that Mrs.
Bentley was in league with Wheedon be
expunged from the record
Mr.. Gilbert Collins, for Mr.. and Mrs.
Warren Dixon. Mrs. ]. A Rector, Peter
Bentley, John Bentley, the heirs alluded
to, said that there was undoubtedly dan
Bentley. 1t was in the testimony, he said,
chat W'heedon was advising Mrs. Bentley
to dispose Of the corpus of the estate.
Vice-C Chancellor Pitney in DENYING the
motion made some allusion to the opin<
ions of mis- brethren.
The Court has no brethren" corrected
DO trnr- d. = -
at something, and fenced words with the,
Court, which proceeding MIR. Pitney bore.
with great good humor.
Mr.. Parker then read a summary of
Mrs. Bentley's answer to the charges Of
her children. That set out the sales of
real estate, railroad claims, stocks and
had been done by Competent advice to
meet requirements of y e household and
claims against the estate. The yacht of
the dead lawyer was sold for s, 500 be-
cause IT cost a great deal to keep it IN.
Since that yacht sale it has been resoid
at $1,000. The annual income of the house
5000, and the expenses about $500. and
these figures have not materially changed
since. the answer said. Since The death
of her husband the net income after pay
ing claims and other charges, Is about
$3.50 per annum. b
sfshe denies1 read Mr. psrker.--s.tsssst I
she was engaged to Wheedon. That was
only a jest when she said SO. AS for con-
suiting with him to dispose OF the estate.
that was false"
Continuing, Mrs Bently answered that
b. the language of the will and codfcil
OF her husband, which says 'sthat she is
not accountable to anyone in the manage
Of any Court to call her conduct in ques-
tion- She has reduced her expenses has
no hqrses, and has lowered N every way
CANT, and two Of the boys do nSsesng for
a living. The income from the esxate is
meagre and the buildings are old assl
need repairs.
Finally. the answer says that Mrs.
Bentley denies the right of the children to-
remove her. ana appoint a receiver but
simply to show a disposition to give any
information to them she submitted sched-
ules Of the corpus estate and the Income.
At this stage the proceedings were,
adjourned until this morning
This morning Mr.. Parker called to tha
stand Mr. r. w. Elliott manager of the
gas company, who detailed matter re-
a,g laelng 70 the payment Of bond in gas
company was not willing to pay because
It was ftigated and the company for a;
further reason did mot think the COM
pany owed the bond. because it was
given without value. A draft was given
finally Z, Mrs. Bentley for S15,00 It
was a So 900 bon at 6 per cent, and its
pany pa that under protest for the
| reasons given.
Counsellor VIM. A. Lewis. whom the
| Chancellor appointed some time ago
| receiver to take charge of the estate
| pending the suit, was the next witness.
and he said after an examination there
were $4,000 due to the city for taxes at
| the time of Mr.. Bentley's death They
| We're adjusted Twenty thousand dollars
would pay the Indebtedness Of the estaho 8
| at the present time.
| w. ID. Salter gave some Testimony as
| to the sale of a house for Mrs. Bentley
X. ID. DoremuS a member of the Stock
| Exchange and a nephew of Mrs. Bent
| ley, said he sold Mr.. Bentley's yacht for
$500 1t was five years old and cost
| T,5G5; but it was a type of 40-footer out
| of date. The price it brought was very
| fair considering that fact.
| Mr.. Doremus spoke of the depreciation
in yachts, which were like women $
| waists, he said; but forget to tell in what
respect. He did, however, show that the
| rigging cost more than the hull, thus ex-
| planning why ship is called She
| Mr.. J. Warren Hardenbergh of the
| Hudson County National Bank testified
as to the claims of the bank on the
| estate
adjournment was then taken until
/ noon.
| %sCoNnselor Earl Insley, solicitor of Mrs
| Bentley, was on the stand this afternoon.
| Mr.. Parker, in beginning his examination,
| perpetrated a small bull by asking him if
| he had been acquainted with Mr.. Bentley's
widow before the lawyers death. Mr..
! Insley went Immediately in the affairs Of
| the estate.