The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-10-05
FAY rEMrLEToN MAY GET .loo, 900
contest of Her Mothcr-in-Law'sW VIII
May Mem Wealth for the Actress.

Contest of Her Mothcr-in-Lnvy's VIII
May Mem Wealth for the Actress.
New York. October "A partition suit
has been brought in the supreme court,
which, while ostensibly asking for shar-
Ing Of twelve pieces Of property situated
between Fifty-first and Sixty-fourth
streets, Sixth and Madison avenues, really
attacks the validity OF the will OF Miriam A.
Osborn. mother of Howell Osborn, involving
an estate of over $4,000. 0o0 and may result
In making Fay Templeton, the actress.
whom Osborn married, richer by 100000.
The plaintiffs in the partition suit are
Leila o. Henriques and Mary A. Mason,
sisters Of the decedent, who are legatees
under the will. The defendant is John w.
Sterling. for many years Mrs. Osborns
counsel. and an executor and legatee under
the Will. Joined with him as defendants are
henrietta Olive Trowbridge, a child of
AIRS osborn's only brother, ana Minnie
Carson both legatees under the will.
Mrs. Osborn died in 1891. leaving to her
only child, Howell, the income from two
Iunds assresating 100000. with the proyiso
mat ne should not contest the will The
rlsht was given him TO leave the princi-
pal OF these funds TO his issue, provided
they We're by wife who had never acted,
sung or danced professionally, or had other
Wise performed for hire on the stage or in
place OF amusement or entertainment
Al ne leit no such issue the fund was 10 10
10 the Memorial Home association 10
henrietta Olive Trowbridge was given the
income from $3.50 900, and IL sho letl no
children the principal was to 20 to the
same association Mrs. Mason and Mrs.
henrlques. the present contestants. were
each TO receive the income from 100000
ana the Income from similar sum was
leit 10 MIS-. Carson. All the residue Of the
estate went to Howell Osborn, with reyer-
sion to the Memorial Home associat,on
Inc executors named in the will were
MI sterling and the Central Trust com
pany. Mr.. Sterling was not required To
give bonds and was authorized to appoint
ahotner executor, also without bond To
VT am Sleriing We're bequeathed 100000 and
all The decedents books and papers
Inc complaint In the suit alleges that
Mrs Osborn was not free agent when
she made this VIII, on account of the undue
influence exerted over her by Sterling
VINO II Is alleged, induced its provisions
80 perfect says the complaint, was the sub-
Jeetion or the testatrix's mind to Sterling's
authority and control that the pretended
VIII OF Miriam A. Osborn is really the ,rilf
OF John w. Sterling
When Howell Osborn died In Eehruarx
1895. he left 100000 to Fay Templeton
ana the bulk of his estate to his cousin
Henrietta Olive Trowbridge The inyen.
Tory OF the estate however showed that
ne was worth only about 10000 No OBJ
1ec,loh was made to the probate OF either
wlil but Howell Csborn's executors went
lurther and began an action which re-
suited In causing his will to be declared
valid in June last.
MIS-. Carson sets up the answer to this
complaint that ms Howell outlved his
mother the property would descend TO him
II she left no will or il her will was de-
cared invalid. and he could thus dispose
OF me property under his will. Ifythis CON
,ehtion be sustained. Fay TempIeton may
yet receive the 100000 which Howell Os.
born undertook TO bequeath to her.
Justice Russell has made an order d.
lecling Deios MeCurdy, counsel for the
contestants, to reply to Mrs Garsons an
swer within twenty day. or the suit 40
far as It affects her, win be dismissed,
Garter Ledyard are counsel for Mr.
sterling. and no answer has been inter-
posed by Henrietta Olive Trowbridge