New-York tribune., 1899-03-24
MRS. wILMERDING's CASE.
JUSTICE GrEGERrcH HOLDS THAT SHE ID
STILL, INSANE.

Justice Giegertch yesterday handed down oe-
cision on application made by couhse' ior 49, 49,
Frey for leave to serve a supplemental ans"e. VI
settlement which application set forth thas S'S
Marie f. wilmerdng was sane wnen sno 81"
sented on February 81 last to the settlement OF tns
suits brought against Rose Frey by the commit"
tee Of tho person and estate OF Mrs. Wilmeroins'
In his decision Justice Gegcrich holds that Mt
wilmerding is still insane. and denies the appn-
cation to set up a supplemental answer OF setu''
ment 10 the suits.
The defence must be viewed frivolous says
Justice Glegerich "since the presumption OF IN
sanity during the life OF tho nquston Is conclusive
and the actual sanity Of the adjudged incompe-
tent cannot be shown in support Of an Agreements
made during that period"
Mrs Wilmerdng committed TO Bloomine-
dale Asylum early last year. She was then ad-
judged TO be insane by a Sherin's Jury. Later
writ OF habeas corpus obtained. on the ground
that she had become sane and after an investi-
CATION before three commissioners and Sherlns
Jury she ordered to be discharged from the
asylum December last. In making the order
OF her release the Court declined TO discharge the
committee OF her person and estate appointed oy
the Supreme Court when she committed to the
asylum. At the investigation following the grant,
ing OF a writ OF habeas corpus II was shown that
Mrs. Wimerding transferred in 1897 her interest In
certain property from which she derived an In
a woman named Rose Frey for 5000
cash and bonds alleged to be worth s1o5O0 in the
Union Traction Company OF New-Jersey. Vhich
has since been wiped out by foreclosure. II was
alleged that the bonds were at no time worth more
than so cents on the dollar.
Louis p Levy. counsel for Mrs. wmerding. was
one OF the subscribing witnesses 10 this transfer
Of her interest In the property in question The
committee. through its counsel. John B. Gleason
brought suits against Rose Frey to have the trans
fer declared null and void the ground that ie
obtained by fraud and without adequate con-
sideration. J. c. De La Mar. counsel for Rose
February 2l last agreement was drawn up. by
the terms of which Mrs. Wilmerding was 10 gee
half the fund and Rose Frey was TO retain the
other half. The agreement also contained a pro-
vision that Mr.. Levy was 20 receive $500 for his
services in the habeas corpus proceedings, and that
Mrs. Wilmerding TO file a petition for the dis
charge OF her committee. Mrs. Wilmerding si8neo
the agreement In the presence OF her counse' ana
Mr.. De La Mar. The petition referred TO was mied
by Mr.. Levy but It dismissed. as Mrs. VIII
merding later made affidavit that she desired
that the committee be continued
Mr.. De La Mar then applied TO Justice Giegerlcu
for leave to the supplemental answer or set.
tlement and for order directing that Mrs. VIII
merding be made joint plaintin In the SUITS Win
her committee 49,.
In opposing the motion TO serve a supplemental
answer OF settlement counsel for the conmitte0
alleged that the application was part OF trick %
that the commission which found that she :hould
be discharged from Bloomlngdale also FOUND tnaS
she had not completely recovered from her mentA
disorder and that the reason for the conelnu-
ance OF her committee He alleged that MIS- VIII
merding had been induced by Mr.. Levy 70 90 70
his office without any consultation with her com
mittee, and there induced to sign paper for tno
discharge OF her committee.