New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-06
DURANT SUIT IN COURT.
REHEARING OF THE ACTION OVER ADJ
RONDACKs PROPERTY.
WILLIAM WEST DURANT SUED By HIS SISTER,
MRS ROSE. TO RECOVER A THIRD INTER


WILLIAM WEST DURANT SUED By HIS SISTER
MRS ROSE. TO RECOVER THIRD INTER
EST ~ HER FATHERS ESTATE
VALUED BY HER AT si,5OOOoo
william West Durant was before Justice Beach
In the Supreme Court yesterday as the deiehoa"e
in a suit brought against him by his sister, Mrs
TTeoise Frethey Rose. suing as Heloise frethey
who wants TO recover one-third interest IN the
estate left by her father. Or. Thomas C. Durant
She places the value Of the estate at Noww
Some time ago Mr.. Durant arrested on an
order issued by Justice Freedman OF the Supreme
Court in the action, and has since been under
$4,000 bail.
Mrs Rose alleger that when her father died on
Ortober s. 1856 he owned vast railroad and lana
interests. At a consultation between the widow
and two children II was agreed that her brother
should settle up the estate. While he was DONG
this she was married. but her husband, Arthur
Frethey, died after their marriage ouoso-
ouently she was married to Charles II. NJ Rose
On various occasions afterward she tried 70 OBTAIN
an accounting OF the estate from her brother. out
on each occasion he evaded the subject telling her
only that the estate was small and that there hao
becn many claims against It. When she pressed
him he threatened kill her. and also told ner tna
~ she continued 10 bother him he would cause her
10 be arrested At the time he was living In the
most extensive manner and she getting com
narattyely nothing from the estate !" Ao'' e''o
brought an action. which was tried before justice
Slower in the Supreme Court. and was disn'sseo
On appeal however. A trial was ordered
Mr. Durant in his answer denies the allegations
made by Mrs Rose. and says that the estate ieie
by his father was not more than 5000
Daniel Odel, a broker. who transacted consioe'a-
bic business for DR.. Durant was the FIRST witness
q, the trial Yesterday He testified that before
the death OF DR.. Durant he had had several inter-
views with him regarding the sale OK AdrondacN
land and after his death his son. the defendah, IN
the present suit. continued the transactions ne
had never asked 10 Mr.. Durants power OF at
torney. .
Mrs Rose the plaintiff was then called She SAID
that Mr. Frethey only lived six weeks after he mar
ried her. and she had since married Mr.. Rose lhen
she told OF her fathers land interests IN the All
rondacks and said that she knew that before MS
death he was trying to sell both land ana raroau
interests ION the day OF his death, she continued
"r tried TO get into my fathers room. but my
brother refused 10 allow me 10 be present at the
bedside" After her fathers death. the famiiy us-
persed but on the day OF the funeral there was
family conference at which the subject OF the estate
was taken up and her brother told her ana ther
mother that It would be worth considerably over
81. 900. .
"We were standing at my mothers bedside. SAID
Mrs Rose when asked 20 tell about the conference
MY brother asked me 10 sign power OF attorney,
He said that II would do 1t he could go on ana
tie no the estate adding tnat Wnen Hd'eAs "0'o
closed I'D there would be fully 81 500o0 to be divided
between myself my mother and himself. He said
that as he was the only male member or the laffly
things should be left him for settlement hest
rated saying that | did not want 10 sign anythnls
before had read IT, but after long consultation
finally gave In and signed the power or attothey'
NV mother did the same. ~ w.. -.
How old you that timer" Mrs Rose wac
"Wer. was over twenty one" she replied smil-
Mrs Rose said that subsequently. while she was
abroad che met her brother and asked him what ne
had done with her share of the estate. He re-
nlied she continued, that did not Understand
business and never could. When | asked him where
he got all OF his money he replied that II was none
OF my business Regarding my mother. ne snld
that she his client and that ne would not uis-
cuss her affairs with me- - - -,
Before the death OF DR.. Durant. Mrs. Rose eaid
that her brother lived frugally but after he bought
n yacht and visited Europe. She herself got from
the estate only about $1,000 She told now, her
brother flew into rage when he was asked about
her money. and Of her efforts to secure an account
Ing from him. $500. -.
At the afternoon session reply TO A letter writ
ten by the plaintiff to her brother. saving that she
Intended 70 employ counsel 10 look AFTER her m
terests was read. IL said that the estate or Dr.
Duranf would not be settled for Mt least year.
and her brother advised her TO get lawyer OF
unblemished character and reputation 70 examine
The estate asserting that the bonds WHICH were IN
her name not worth "a per cent OF tneir par
value. that the same state OF anars appned 70
the 81 $500 worth OF stocks OF the Adrondacks
| Railroad Company. and that the earnings OF inc
railroad company were so sfnaII tndl IL ieVuhe"
nearly All TO keep the road In repair . 80, -
THO case was adjourned. with Mrs. Rose sun on
the stand. Her examination VIII be resumed 'his
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