The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-08
DYING. DIMON FOOLED EN-.
MEANT 10 HAVE COMFORTABLE
DEITHBED, ATD mn.

Let the People He Lived with Think That
His Money was Coming To Them-They
Find Out After His Death That He Had
Given Them No Legal Title to Anything.
stephen c. Dimon died on Jan. 18th, 1892. at
the house ofNrs Martha kcery,1 III West Forty
seventh street. whore she lived with her
husband and child and her mother, Mrs. Cray.
Dimon had boarded with Mrs. Keery for NUM-
Der Of years After his death she claimed
$1,000 and other property in sa!o deposit
vault at the Mercantile Safe Deposit Company
Ivy virtu" Of a gift made 10 her shortly before
his death and accompanied by the KEYS Of the
vault Two brothers and two sisters Of Dimon
also claimed tho property IA heirs Mt law, and
n decision touching the rival claims was made
Nv Justice Kellogg Of the supreme Court yes
terday
The Judge nnds thai Dmon had regularly
pail for his board and attendance up to the
time OF his death ard that Mrs kcery could
no. expect consideration from him on that
score Concerning Dim on the judG" saws:
The deceased was. rospc ting his property
apparently Il prudent man Win rrorerarpre-
citation u The rover Of money and pos scsscd Of
full knowcdg" ut the cupidity in humanity and
the personal consideration promptly secured
by exciting keen expectation oi futur" re-
ward. This is shown ia all he is alleged to
a f mis- naH snnys hS
settled intention OF doing anything beyond
what was necessary To keen alive this expect-
h@%sh GRAY amy s%z ne s WI u
the hands OF strangers even in his last sickness
and only seven DAYS before his death. assure
Mshs fan M AZ" e ss's
bachelor OF rcputcd wcath.not housed with any
blood relatives. aud sometimes INDUCING il,
intoXicants to excess obviously advertised
him as proper subject; and possibly an easy
victim to strangers IN blood eerretly %"hemine
The nurpose OF the kpcrvs 10 obtain his
property he without doubt understood. That
onanle conclusion from his acts. He evidently
relied upon his money to secure 10 imself
personal attention and proper coinlorts and not
family" "
The Judge saws that affection and love were
Mrs. keery. and consideration 70" tho gift
could not be found in attendance as that was
paid for, nor could charity, be reason. be-
cause keery was comfortably situated to
means. Dimon had paid Sl25 month for his
board and attendance. The interest OF Mrs.
merc"narv, the offspring Of innate cupidty,
,Amemonndnn which pmon left under date
that I hold 'asa%st 81 Mnr,Ea HesTy Is
The court saws that Dimon probably knew
that IN" nemoranlum could not he used TO
that it would not he legal as Il testamcntary
| gift 10 her Of the face of the note. Concern
| ing document in which lie left Mrs keery
all he had and which in former action she
! was unable To establish as II will. the court
says that this may also have figured in his
| plan to get consideration i'll ion from
| her without intending To give her anything
| The signature was obliteratcd with different
| kinds Of ink and the Judge says that il Dmon
ever intended it as will h" showed that he had
| no intention that it should remain so.
The contention OF the kceryS that he was not
| good terms with his re- lutiypS the nudge
| was no, established ms IL was shown that his
! relations were affectionate toward some Of
! them Two OF his uieres called during his late
| Illness and were well received. and at other
| times he had kept in communication with diff
| ferent relatives
| Part OF the effects in the safe deposit vault.
| il was admitted. belong to Mrs. keerv. and had
| been deposited there by Dimon at her request
| This property consists of u pair OF diamond
| earrings. a bank book. and a small amount oil
| English money. The Judge holds that all
! belongs to the heirs.