The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-11-23
RUBY TILpEN WILL LOST 7
RELATITEs sIH THERE VAS ONE,
AND sEEk TO ESTABLISu IT.

A"O o1bh ~ b1ApU 80
Ruby Ttlden. . Niece OF samuei D.. Married
willis q. Pnine. ana Her Personality Goes
&c HiBs " There IL No wiI-Reintivcs say
she seant u should Return 20 Her Family.
Henrietta T. Blatchford, a niece of Samuel J.
Tildeu. has begun IN action In tho Supreme
Court to establish a missing will of her sister,
Ruby Tilden Paine, wife Of willis S. Paine.
formerly Superintendent OF the Banking De-
pnrtment Of the State. Mrs. Paine died on Dec.
20 last Her estate, the value of which Is
placed at from 100000 to $3OO.O0O. was
largely derived from tho estate of Mr.. Tildon.
Justice Trunx made ON Oct. % last an order
which required the examination of Willis S.
Paine so that the plaintiff could elicit evidence
from him on which to frame a complaint. Little
success attended this effort OF the plaintiff. and
yesterday Justice Beach granted an order set
ting aside tho order under which Mr.. Paine was
to testify before Richard H. Clarke. William T.
echley, for Mrs. Blatchford. will appeal from
Justice Beach's order.
Mrs. Paine had o children, and her father
and mother wero dead. 30 that IL she died in.
testate her whole personal estate goes to her
husband. As tho will, which is missing. is al.
legged by the plaintiff to have left the estate TO
Mrs. Psine's family. most OF the members OF her
family are made co-defondants with Mr.. Paine.
Mrs. Paine's brothers are George H.. Tildcn and
Samuel ]. Tilden, who succeeded in breaking
tho will of their uncle. Samuel j. Tilden, and in
having the bulk Of his large estate divided
among them and their sisters. The sisters are
the plaintiff and Mrs. Caroline B. whittlesey of
Pittsfield, Mass, and Mrs. Sus N T. Sabin of this
city. The plaintiffs son by a former husband,
II. Tilden Swan. is ono Of the defendants.
Tho petition of tho plaintiff on which the or.
der for the examination Of Mr.. Paine was
granted states that for a number Of years Mrs.
Doton liyod nj 1 * yVeat Eifty.eiuhth atraot With
her husband. and was residing, there with him
At the time Of her death. T The plaintiff avers
that Mr Tii ss6in sn Emily F + TiIde Swan the s wits i of
formed her that Mrs. Paine and her husband
both made wills on May is. 1891, on the eve Of
further averrcd, took both wills away. saying
that he would deposit them in a safe deposit
declared, Mrs. Paine had stated to member OF
her family that she had made her will and that
her estate would go to her family.
The plaintiff says that she waited about three
weeks after the death of her sister. expecting in
s ssia TO- a. h' fhe 81 9oa nss VII Of M Gn' p shse, VENT ~,ne A Mti;
him to the safe deposit vault OF Mr.. and Mrs.
sS SiISID in tt tht The GS s1OMsd Safe parp DseG 81 se GGimPs any
will Of Mrs. Paine. The affidavit of the plaintiff
ron the way to said safe deposit vaults. de-
PENDANT Paine informed .deponcnt and her said
sister that the will contained various provisions
r MR,in at nc sa %e VauIas de sPSoensa aSsd S be . said s as.
ter examined the box which had formerly been
S said Wins Si tn +. i PAINE e.P bSt f foand therein GsaRi H mo w ill.,
That deponent and her said sister thereafter
Mr.. Paine in Ffifty:eiShth street and found no
will, but, found two draft Wills; one in pencil in
PAINE. and the o other tSpewPi lite .u fSlloWinE
subssantially the terms Of tho pencil draft.
the sT pneSi. dpas'S s fGeba dpfend s%Gn With Hfhe :. t Pales.
tained in he viii q sald RUBY Tildep Paine,
their sister. That after the finding of the drafts
aforesaid the defendant, Paine. stated in the
presence Of deponont. in substance that he had
no recollection of its ever being returned to her
or destroyed: Deponent further says that the
draft wills discovered in tho apartments afore:
said. with the exception of certain specified
legacies Of small amounts and an income Of
$4,000 per annum TO the defendant, Paine, lett
decedent's entire estate to her brothers and sis.
aDeponent further says that, the defendant,
TO find q, y, will Of said Ruby Til'ien Paine. and
has applied for and received letters Of adminis:
OF New York upon a petition in which he makes
path IL that effect. Deponcnt is informed and
will of his said wife for execution ana is fully
aware of the contents ana can give information
thereof, and that he is fully aware of all the
facts and circumstances which are necessary to
determine whether said will was ever altered.
destroyed, or revoked during the lifetime OF the
The plaintiff. who lives at 81 riverside Drive.
counsel. Mr.. Paine's attorney, WaldoG. Morse,
It 10 said. on behalf o! the interests represented
Dy Inc painful. was ndlhcu u inc alleRcuW Will
OF Mrs. Paine as one of the executors.
Mr.. Paine said to q SUN reporter last night:
81 should be very glad to make an extended
statement replying to each and every allegation
which Mrs. Blatchford in her affidavit makes
against me, but my lawyer advises me not to be
interviewed now, l will say this, however:
This controversy Is now in tho Supreme Court.
the case will soon be tried, and then all the facts
will come out. II Mrs. Blatchford can prove
the allegations she makes against me ! shall be
very much surprised. ] am amply responsible
to meet any claims justly made against me. l
don't owe q dollar in the world
A family connection, who does not wish to
take part publicly in the dispute over the miss
i, ing will. said last night that Mrs. Blatchtord's
sisters, Mrs. Sabin and Mrs. Whittlesey. were
with her in the effort to establish the will. and
were made defendants formally in order to get
them into court. The SUNS informant said the
whole force of the effort which Mrs. Blatchford
Is leading was for tho purpose of carrying out
Mrs. Paines often expressed desire and inten
ton to have her property, at her husbands
death, revert to her own family, not for the pur
pose of taking it from Mr.. Paine during his life
1t was perfectly well understood, according, tt
the coming from this source. thaI
Mr.. Paine was to have the use of his wife's prop
erty as long as he lived. and the only persons
Immediately interested in tho establishing of
will by Mrs. Paine were. 1t was said. a few Il
whom small legacies wero left. What the TildeI
heirs and descendants wanted was merely 4
secure the return of the property to the famil!
1t the end Of Mr.. Paines life.