The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-21
DISPUTE GARVEY'S WILL.
RELATIVES SUE o 4 PARTITION
OF THE REAL ESTATE.

It Amounts to an Attempt to Break the Ring
Piasterer's VIII Entireiy. LeavinE Moth
ing for the widow and DividinE the Es-
tato Among UncIes. Nephews. and Nieces.
An action for tho partition Of the large
amount of realty in this city left by the late
Andrew Jeffries Garvey, regardless Of his will.
has been begun In the Supreme Court by a
number OF heirs. most of whom get no requests.
Tho will and codicil were allowed to go to pro
bate without a contest, and the present action
is an indirect contest.
Garvcy, who had lived abroad since the col.
lapse OF the Tweed ring the was the ring plas-
terer'D. kept most OF his money, which at the
time OF his death amounted to about half q mil.
lion dollars, invested in real estate hece. He
married while abroad on Sept. 90. 1893, making
IN ante nuptisl contract with his wife by which
no was to make q certain provision for her. He
lei. no children. BY his will, executed July 10,
1894, while he was temporarily in this city. he
gave his wife $4,000 in satisfaction Of the
ante-nuptial agreement, but no greatly en-
larsed the provision fer her In q codicil exc
cuted Sept. IL, 1895, at the United States Con.
sulete at Algiers. The codicil withdraws tho
$4,000 and leaves the widow instead an in
come OF Sl3,75o for life or while she remains
his widow; $4,000 to buy q house in the coun'
ty Of HGnts, England; the right to dispose Of
$4,000 OF his estate by will, all his furniture,
horses and carriages, and jewelry and other Of.
fects in his residence in England and whatever
money he might have on deposit with his bank.
es in England.
Tho will left in special requests and as a resi-
due almost all the rest OF his estate to a mum.
Der OF institutions, and the codioil confirmed
these requests. The institutions are 81. Luke's
Hospital, the Presbyterian Hospital. St, Yin.
Hospital. the Post.Graduate Hospital. the
Woinan's Hospital, the Hospital for The uRp;;
f feFe Gn haG SfMsP GPSnt' Sinai Si; HOSP Hospital fts the eGS sfRman
Hospital, the GRAND Lodge OF the MASONIC OF
f fTess 81 C iuf 9' the q Hfw f0r Aid ing Society deS II
Five Points House OF Industry; the Charity
Organization Society. and the Babies Hospital.
Nothing is left by the will to relatives, but
the Godiel says: = 6eHueath to he oven lam an.
sum Of $1,000 por annum. tho same to be con:
tInued. up to tho death of the last survivor OF
them"
Tho plaintiffs in this action are BENJAMIN
quarter OF the realty each; the four children
Z Ris 4 Ssfec GsF7s 1n'' &'a la@e GaF HsSry and I'd G charis;
Carney, who want a quarter divided among
5 tss%: S Soha Owen OF a Ellen fsGs" <. o S%ns' Mary Aar1 J. ].
Smith, and Charlotte L. Owen Ithe Owen fam
ily mentioned in the codicilL who ask that the
other quarter be divided among them. There
arc also ten other ,~nerhews and nieces, chill.
dren OF two deceased uncles. who are made de-
PENDANTS, but the complaint says OF them that
realty.
The viii! and codicl arc declared to be void
by the complaint:
For the reason that they are indefinite and
uncertain In their subjects and objects, invalid
and unauthorized bylaw, and unlawfuliy suspend
the alienation OF the property OF which said An
irews Jeftries Carney died seized and posses 5ed,
and because In contravention to the law OF this
State which prohibits a person having o wife
from Gevi"ing or bequeath!ng more than one
half of his estate In trust or otherwise TO benev.
oler,, charitable, literary, scientific, or mis-.
sicnary societies, associations, or corporstions.
The property Involved. all OF which the de.
ceased hold free OF incumbrance, Is: l05 and
i07 East thirteenth street; lll and ll2 East
Thirteenth street, L. East Thirteenth street,
135 Fourth avenue. IS and 20 East Fifteenth
street, z West Forty-ftth street. III West
twenty,eignth street tos west Ihirty;fourth
and Tenth avenue. and leasehold OF property
at Fifty-ninth street and Fourth avenue.
It is declared by the plaintiffs that with the
will set aside the widow will be entitled to no
interest in the property. because she relin,
quashed right Of dover by her ante-nuptial
agreement.