The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-29
A RAMONA OSBORN HEIRS
III DISPOSITION OF MANY MIL
LIONS IN DISPUTE,

Coercion and fraud Urged Against john W.
sterling. Executor or the late Howell Os.
born. Mother~-iser Hnamense Estate iiLc,y
TO he Tied Up In tho Courts FER Heara.
An action has been pending for some time
IN tho Supreme Court through the service OF
papers, but without the necessity OF filing
them. in which tho will OF Miriam A. Osborn.
mother OF tho late Howell Osborn, Is attacked.
aud is alleged to be the result Of tho coercion
and fraud Of her counsel and executor, John w.
Sterling. 1t Is alleged that besides an immense
amount of realty, which Is directly concerned
IN the suit, Mrs. Osborn left upward Of SIS, oOO,.
900 in securities. The viii Is full of trust pro-
visions, and an effort Is made to turn over n
large part Of tho estate as remainders Of trust
estates TO the Memorial Home Association.
which is 10 get the requests when 1t Is incor-
rorated.
The suit is brought by Leila o. H~enrioues
and Mary A. Mason, sisters Of Mrs. Osborn,
who, with Henrietta Olive Trowbridge, q child
OF an only brother Of Mrs. Osborn, are declared
10 be her only heirs. 1t Is asked that partition
be made, as II no will were left, Of twelve pieces
OF property, most of which are between Fifty
first and Sixty fourth streets and Sixth and
Madison avenues, and Of two pieces on Spruce
street.
Mrs. Osborn died in 1901, leaving a will
which caused comment because Of tho provis-
ions concerning her only child, Howell. She
left him the income Of two funds Of 5000, 600
and 100000 respectively, providing he did
not contest her will, and gave him tho right
TO name such Of his children as should receive
the principal, but she provided that the chill.
dren must be by a wife who had never acted,
sung, or danced professionally, or otherwise
performed for hire on "a dramatic stage or other
place Of public amusement or Entertainment"
This proviso Is supposed Ito refer to Fay Tenn
pleton, whom Howell Osborn is said to have
married. IL he should not leave such issue, the
fund was TO go to the Memorial Home Asso.
citation. Mrs. Osborn's niece. Henrietta Olive
Trowbridge, was to get the income Of $25o,OoO
with remainder to her issue, and II she left no
issue the fund was to go to the Homo Associa-
come OF 100000, as does also her sister, Leila
Q. HSnr,quss. The principal Of Mrs. Hon.
riques's und'goes on'hcr death to her daughter,
Leila Henrlques, whose father was assaulted
by "Bif" Ellison. Mrs. osborn's friend, Min
ooo. '1f'0N' Ii 10 re's''' inc income OF $'''-
The rest Of Mrs. osborn's fortune was to go
10 her son Howell FOR life and then to the
Memorial Home Association. She provides that
If any legatce attacks the will all the expenses
OF such proceeding are to be taken from the be-
Sterling and the Central Trust Company of
New. York executors and trustees. They are
to give no security and Sterling Is empowered
10 name another executor and trustee, also
without security.
Ooboiu ulCl III tUTuuIys 1880, lCdN-
ing a will in which he permitted Fay Temple.
ton to take effects OF his TO the amount Of 800.
600, and gives the bulk of his estate to his
cousin, Henrietta Olive Trowbridge. The in.
xentory stated that he only left $4,000. II
Ray Iempleton was not able to realize on her
bequest she may get a chance il q contention OF
Minnie Carson Is good. Tho wills Of Mrs. Os.
born and OF Howell were both admitted to pro.
bate without a contest. and a march was stolen
on most chances oil contest by the executors of
Howel's will starting an action under the new
law to have that will declared valid. The
plaintiffs in this present suit were made par.
June declaring Howell's will valid.
In the present action Minnie Carson, who
gets the legacy from Mrs. Osborn as her
friend" makes answer that, as Howell lived
after his .nother, if his mother left no will
al her property would have descended to How.
ell and would be disposed Of under his will, SO
the plaintiffs have no standing in court.
Counsel for Mimic Carson moved that Van.
derpoel, Cunning d. In oodw win. who brought the
present action, be compelled to serve IA reply Ia
the statements in the answer OF Minnie Carson
In bar OF the suit, and Justice Russell of the
Supreme Court Yesterday directed that u reply
be served within twenty days, and II not 50
served that the complaint be dismissed as tc
Mipnie Carson; II the reply is not served the
action will still run against all the other par
tes TO 1t. II the sisters of Mrs. Osborn fail in
their case they will lose quite a sum from their
legacies under the provisions OF the will.