The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-23
WE'D, BUT NOT IN MUNICH.
,w.RRIAGE PosTPoNEMENT THAT
CHANGED ENGLISH LAW.

IN pr.,prst,ons HAD Bsen MADE FOR the Wed
,,,r or ~. Frethey and aiss Duraus at the
-.,,,,n IeEatien, but q Hawaiian LAWYER
o~,,ected-Married at Hast In En~Eisud-Pnr-
u.n.,t Changed the Raw AFTER THAT.
The decision handed down by tho Appellate
n,vision OF the Supreme Court recently in the
anti of H6loise Durant Rose against her brother.
NuIiam West Durant, recalls an incident In tho
,ito NJ tho plaintiff which created a stir on two
continents something moro than seven years
.uo and was tho cause Of n special act being
nossed nv the British Parliament In relation to
foreign marriages..
The suit In which this decision was handed
down was brought by Mrs. Rose. through Par
sons. Shepard & Ogden, to recover a one-third
interest in the estate OF her father, the late DIR.
Thomas G. Durant, who died intostate. at North
Creek. in the Adirondacks, on Oct. o. 1885. He
left A widow. a son and n daughter. OF the es-
tate. estimated to DO worth about $4,000, 900,
tbe son, william West Durant. was appointed
administrator. Mrs. Rose alleges that she has
never received her share OF hor fathers estate.
or the whole Of a gift Of securities which he gavo
nor shortly before his death. The part OF this
uitt alleged to be still unpaid Mrs. Rose also
seeks to recover.
The suit came up for trial before Justice
gtOver in the supreme SOuIU ihSC tui. Wnen
thc case Of the plaintiff had been presented
Joseph H.. Choatc. counsel for Durant, made q
motion to dismiss tho action on technical
grounds. Justice Slower granted tho motion.
From this disposition of tho case tho plaintiff
took an appeal. The Appellate Division re-
yersed tho decision Of tho lower court and sent
tho case back for q new trial. The costs OF the
appcal were laid upon tho defendant to abide
the event.
On the trial OF this action, while the plaintiff
was on the stand, she testified that she had been
married twice. the first time in England to DR..
Arthur d. Frethey on July IS, 1891, and tho
second time to Charles II. NJ. Rose at 81. Bar
tholomew's Church in this'city in August. 1895.
In cross. examining Mrs. Rose counsel for
Durant sought. by certain questions, to cast q
slur upon the plaintiffs first marriage. Tho
full story Of that marriage, although 1t occa-
stoned no end Of talk at the time in the society
OF Berlin, London. and New York, and although
the English and German papers printed col
umns about II, has never been printed In this
country.
In 1889, Miss Durant, as Mrs. Rose was then.
went abroad to visit friends Of her family in
London and other parts Of England. as well as
70 study literature. Several months after her
arrival on the other side, and while she was
making a tour Of some of the English watering
places, Miss Durant met Arthur Frethey, then a
young medical student. at st. Leonard's-on-the-
sea, bexhiii' Inc Two were thrown muon To-
eetnef, anu a common interest IN many Things
maae tho ooHhpeh1
me following autumn round them ooth IN Town,
frethey ~ the meoicai cohese ana MISS l'urant
ata senooi "hero men anu "ohien wore pre-
pared ior Inc 'ocatioho inc traiheo nurse
ifer acquaintance Win q man VINO intenoed 10
be q physician had nothing whatever to do with
influencing Miss Durant to become O trained
nnrs. an -,s the donabter ~ ve,l,hv
parents. who kept her literally supplied with
money. She became greatly interested in Lon
don's poor and wanted TO DO something ior them
She finally concluded that she could do no
greater service for the poor than to so mt her
self that she could give her services to them in
illness. 90 she TOOK the course and, IN Que
AS trsinaa nurao onrvbere in ENGLAND.
~ . 'rainea hufso any ~ "nefe ~ sa N.Y..
NJ tn. vouna English medical student. After a
time no offered himself and was refused. He
went through a similar experience in the course
OF the next year ana a nan. curing wn,ch NO
followed the object Of his affection almost from
ono end of the Continent of Europe to the other.
n,s nuran' Wehs ~ d . y y
Followed ior mis- heaith. iheh she 1ourheyea TO
Spain. and tho young man, having taken his do
. auu,s .na. iN - $50 !.
groves ne could breathe an air that would carry
to his weak lungs a speedier balm than he could
and under the allies of ItoIv. From Snain Miss
rmu unaer INC skies . u ilaiy. from SPAN m.sS
tion n, ,ho po,s;or p,ov a. Oh.ro n
F,ethey had never aeon the Passion Plav an he
,an.., -,
ioiloWed whlther MS aHnlty leu. from Ooeran-
margau Miss Durent. with the family of Gen.
Richard Ardonh n, ~. p.,t,.h -, ,,o.t -
Munich for the winter.
DIR. Frethey, of course, was not long after Miss
Durant in arriving in Munich, Offered himself
again, and at last WINS accented. That was In
the winter of 1901 and the ycddin1 = Hnallv
E E y h y 1 con . toliowthg. AGe9rainGly, VI;
b. he EnUlish Marr, 40 en ec eo ~ Iaon mnposea
rsnrnn,nnfs tn han "a +, ihnSe 49, iesp' nauc ar
tSnn sRri,isS ! naye the marriage lake place az
six weeks' noiicn y ,n n iiinn IT. me re9u,re4
dk6aires, Mr. HIivorfS ,bn pr;ot,. IhI nS H;n;aIRo
heinz In bis v:,atioyy tdo nritish munster
ouired marrisSs sea y; doctor pala Lne re-.
The Bishon ~ fnnSon . suthea; WHEN soes oo
Tho Iyedd;pe rncont,on anu tne INVITATIONS Ior
~ ~ we o. roceplion were sent out. On ac'