The sun., 1897-09-23
MRS. PHELPS CAN LIVE HERE.
Peculiar Proviso In Hcr Millionaire Fa-
theirs VIII Pronounced Void.

Tho action brought by g. Van Rensselaer,
Cruger. as executor OF the will OF John Angus
tus Pcll, to determine whether certain rcstr G.
tions as to tn place OF residence OF his daugh-
ter were legal and what WAS the residence OF
Pell. was decided yesterday by Justice Chase of
the Supreme Court.
Soon after his marriage in ls4s to daughter
OF Moses Field Pell went to live in Paris He
remained there until 1858. when he came back
TO this country, but soon returned to Paris
again, where he remained almost continuously
until his death in 1894. Mr.. Pell was adjudgcd
insane by the courts of this city in 1897 and his
wife, Susan NJ. Pel was appointed a committee
OF his person and estate. The court allowed her
husband. Mrs Pcl died In France in 1888 and
his daughter Eleanor an only chilli, was APP
erty. which she did until his death.
Miss Pol married Charles Harris Phi lps about
fifteen years ago and after the marriage they
went on trip to China and other parts of tho
East against the wish OF Mr. and Mrs Pen. who
i is s"id Tsre apPT"hensiSS Of the safety OF
and Mrs. Pel most OF the income of which WAS
ielt to their daughter. run into the millions, but
excessive. Tho Phelpses have a son. Charles
Harris Livingston Phelps. who having n con.
bng in hs by Il tho
The will OF Mr.. Pell gave the income Of virtu.
ally all OF his estate 70 his daughter, but con
of her present husband. Charles Harris Phelps.
she shall reside or travel on the Continent OF
Europe only unless she shall DO divorced from
him and remain so ditorced from him."
Mr. Pell provided that for such time as his
daughter. while living with her husband should
reside out OF Europe the income should go TO
his brother. George w. Pell Mr.. Pel drew his
own VIII in 1887 year bcf ore ho was adJudg, ii
insane. Evidence was produced at the trial to
the effect that Mr.. Pcll used 10 speak of tho
:" "detestable and atrocous climate of this city
He also said that he did not want to hear OF
America again, although most all his property
was here. Mr.. Pell. 1t appeared, had many dis
putos with his son.in-law, who wanted 10 return
TO this city to practice law. Justice Chase says
In his dccsIon:
"The condition being imposed during the life
time of her husband, or until she obtains a ui-
vorCe from him. Is direct induCcmcnt to the
daughter to procure such divorce. The separa.
tion OF husband and wife impairs the peace OF
families. seriously affects the offspring of the
marriage. and is at war with the best interest :
Of society. The courts have uniformly held all
contracts nd provisions tending to induce a
husband and wife to live separately or TO ho d l.
yorced IA against public policy and good morals.
The condition is void. The other provisions OF
tn: R!ll can stand as IL the will had been writ
ten entirely emitting all that part referring TO
The Justice says that Mr.. Pcll continued TO be
aresident Of this country, although domiciled
abroad, and he adds:
1T is conceded that the trusts are void under
the French law. The will should bo constr I'D
under the law OF this State. as the tcstator in
tended, where It's general provisions arc effective
and valid"