The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-10
II. OSBORN'S WILL STANDS.
AND Ear TEMPLEToN,s INFER
ITANCB rs CONFIRMED.

ne Csetestants Withdraw Tbeir OhIectIons
~ the Last r1enent, saa the Bsauests OF
the Neupu-mhn-hhout-Tewn Are Declared
vaiia-The Case Wee nrouEht es . Hinnl Test.
Tho case Of George II. Church, executor Of
Howell Osborn, against Mary A. Mason and
others was tried yesterday before Judge Freed.
man and o jury. Joseph II. Choate appeared on
behalf Of the plaintiff, and Delos McCurdy for
the contesting defendants. Mrs. H. Hobart Mason
and Mrs. William III. Henriquos, aunts ofHowell
Osborn, who had claimed that the will was in
valid and obtained by undue influence. when.
however, the case was brought to trial, Mr.. Nc
Curdy withdrew the answers interposed by
them and allowed a verdict to DO directed In
favor OF the plaintiff, thus finally and conclu.
sivoly establishing the validity Of the will.
Howell Osborn, who was the only son of the
Wall street operator, Charles ]. Osborn, died In
February, 1895. His father died in 1885, leav-
ing tho bulk Of his estate 10 his widow. Mrs.
Osborn died In 1891. leaving an estate which
was Appraised ct about $4,000, 900. including
both real and personal estate. Mrs. Osborn Is
affectionately remembered In Now Haven as tho
founder Of the Osborn Memorial Hall, erected
in memory Of her husband, the entire
expense Of which (about $500, oo0) she betrayed.
BY her last will she left TO her two sisters, Mrs.
Mason and Mrs. Henriques. the income Of u
trust FUND for $4,000 each. and the Same
amount to tho daughter of Mrs. Henriaues, Mrs.
Lola olyvo Noamo, thon tho wife Of Douglas J.
Neame Of London. She also left several hundred
thousand dollars, In trust, for the benefit Of her
son Howell, during his life. tho principal to go
TO his children, In case he did not marry an
actress. But In case no left no children. the
PRINCIPAL fund. together with the bulk Of the re-
naming estate, was to 60 principally to the
Miriam Osborn Memorial Home for Aged wo-
men. which was incorporated In 1899.
Howell Osborn survived his mother by four
years, having expressly consented to the pro-
bate OF her will, and received the benefits under
1t during his lifetime. In january. 1894, he
made q will, giving SlO0,o 900 to Fay Templeton.
the actress, who claims to have been married to
him. The balance of his property he gave to his
little cousin, Henrietta Olive Trowbridge, an Or
phen. who had been In enect adopted BY his
m Sa sfs and u to S whom mas she n left M in trust 25o Soo.
o. Irst. osSorn, to IpteTfers With her wiz so S,i long
regularly accepted. the income which was pay
able out OF the trust funds created by the will for
BY his will; but they consented in writing to its
iariy proved and a sinlStsi' to en probate tSe' r %STe
HoWo IT Ss5 ssal'h had aga died su Mrs. aoo Mason = ys and s Mts'
Henriques brought suit seeking to set the will OF
law, it being alleged that It devised a larger
share Of the estate than the law allowed to
charitable purposes, and also that the will in
general had been obtained by undue influence.
The original complaint In that suit sought to set
aside the will altogether. both as to real and
personal property, but IL was amended by strik
Ing out everything relating to personal property
90 that the controversy now involves only
matter of some $500, OOO.
While the suit in which Mrs. Mason and Mrs.
Honriques are plaintiffs was still pending Mr..
Church, as executor OF Howell 0sborn's will.
commenced another action, under q peculiar
section Of the Code of Civil Procedure, seeking
TO have that will afflrmatively established for
oil purposes, 30 that 1t could never DO attacked
In the future. In this action Mrs. Mason, Mrs.
Henriques. Fay Templeton, and the other lega-
tees were made defendants. but Mrs. Mason
and Mrs. Hepriques were the only parties who
sition made of this suit practically terminates
the litigation over Mrs. Osborn's will. as Howell
Osborn left all mis- property, including all inter.
est which he might have in his mothers estate,
to persons other than his two aunts, so that they
can no longer claim under him.
william, II. Henriques, the husband of one OF
those aunts. will be remembered az the stock
broker who. shortly after his failure on Wall
street. was assaulted by Frank Ellison. who was
convicted and sentenced to Imprisonment for
ave years. The motive for Ellison's assault on
Mr.. Henriques was shown at the trial to have
been revenge for interference on the part Of Mr..
Henriques between his daughter, Mrs. Leila
Neame. and Ellison. She testified on the trial
that her father had objected 10 Ellison's atten,
ton to her. and that when. after obtaining a
divorce from her husband, she refused to marry
Ellison. he vowed to be avenged on her father.