The Providence news. (Providence [R.I.]) 1891-1906, 1897-09-24
A QUEER WILL
UPSET BY COURT.
Millionaire Peil Desired Daughter
10 Get a Divorce.
Made Her Bequest Conditioned on
Her Separating From Husband.

New York, Sept. 2t-The restriction
contained In the will of George Augustus
Pel forbidding his daughter. Mrs.
Eleanor Living gston Phelps. from receiv-
ing the income OF his estate If she came
TO this country, unless she was first di-
vorced from her husband, Charles Harris
Phelps, has been set aside 10y Justice
Chase in the Supreme Court, as against
public policy ond good morals Mr.. Pell
was a New Yorker. and was married In
this city in 1Si3. Soon afterward he
went 10 Europe. He returned TO New
York in 1853, bat aftor a brief stay hero
lived for nearly 30 years abroad.
On Sent IL, 1886, while on visit TO this
country, he made his will. In 1887 he
was a adjudged insane, ana his wife,
Susan NJ. Pcll, was appointed COM
mittee of his person Mr.. Pell died III
Paris July = 1894 His wife had died
about six months previously. Their es-
tates were estimated at 81, COO 600.
Mr. Pell drew his own viii and named
:. Van ResSelaer executor. lie gave the
resicue OF Lis estate 10 the New Iork'Lifo
Insurance and Trust Company to hold
during the lifetime of bis wifs nnd
daughter, and directed that his daughter
should receive $1,000 annually, free from
the control OF her husband, subject TO the
following conGitiors:
That during the lifetime Of her present
husband. Charles Harris Phelps, sho
shall reside or travel on tho Continent OF
Europe only. unless she shall be divorced
from him. The mere statement in writ
ing from her To the effect that sho has
resided or Travelled on the Continent OF
Europe during the three months precec-
ing each quarterly payment shall be
sufficient authority for paying To her
the said yearly allowance.
: IL was provided. however. that if Mira.
Phelps resided or travelled out of Europe
during her marriage to Mr.. Phelps the
allowance Of such period only should lie
paid TO tho testators' brother. George w.
Pell, or bis heirs, ana. failing them, TO
the Children's Aid Society of the city of
New York. The balance of the income Of
his estate was to 90 TO his wife. and upon
FER death tO Ter daughter, always subject
10 tho same conditions. Mr. Cruger. Hs
executor. brought suit for a construction
of this clause Of the will and for do
cision ns To whether Mr.. Pel's domicilo
was in this city or in France.
Ibe evidence showed that Mr.. Pell did
not wish his wife and daughter TO live
here, and that he oiton said while living
IL France that he never wisltd to hear Ot
America again. Mr.. ] helps, his son in
law, is graduate If Harvard and men,
Der Of the New York bar. His father WAS
Tor several years speaker Of the Massn-
chusetts House Of Representatives
Young Phelps and Miss fell were mar
riod is years ago. They travelled To China
and Japan against tho wishes of Mr..
Pell, and it Is said that tho latter was
greatly angered at the disregard shown
bin in tine matter by his son.in-law.
Mr.. Phelps wished In return to his
city 10 practice at the Bar Lut MIR. Pell
toln him that be would never allow his
daughter TO come here and that If Mr.
Phelps came here he would come alone.
MIR. Pell threatened to separate the
Phelpses, and told the young man that
he had arranged matters by mis- will 50
that his daughter could never return to
this country. Mrs. Phelps did not come
tc this country, but was represented by
her husband in this case.