New-York tribune., 1901-12-08
. DIPLOMATS WIFE SUED.
,-crFNT SALE OF PROPERTY BELONG
ING TO BROTHERS CHILDREN
BRINGS LITIGATION.

z.une Austin Lee, wife OF Henry Austin Lee
.-o-v Me- Of the British Embassy at Paris. is being
-s bv George L. Felt the builder. for the re-
s~r SUE of $780, which he alleges is due him from
oo'..-ssct:on growing out Of the purchase of the
.-+v No 14s West Forty-seventh-st
20 interesting point in the suit is that both
- lee and her brother. Warren De Wolf Smith,
is also concerned in the transaction, inno-
.,v sold a portion Of the property belonging TO a
20 . and nephew of whose existence at that time
.ssv knew nothing. according to their counsel
L... children Of Mrs. Lees brother, Frank De
20 who died in 1886. together owned third in
- W" IN the city block sold by Mrs. Lee and War
he Wolf Smith TO Mr.. Felt for 81, ,500 over
-,,n sum each assumed an ownership of s11 $50
80 ign oraace of existence of their brothers
.snaren is accounted for by their attorneys, who
0 - hat Mrs. Lee and Warren De Wolf Smith
=. not seen and had rarely heard from their
--,,ber since his marriage.
The story Of the transaction told by William
q stockwell, attorney. ar No. 146 Broadway.
,-ough whom the complaint brought, is as
solows:
.,r-s Lee conveyed a half interest in piece Of
80, estate at No. 14s West Forty-seventh-st. TO
.nna NJ SonmerviIle for one-half of $500. her
s-ofaer, Warren De Wolf Smith, an insurance
ks al n Bof6 sep ana I6s brother in
nsssng title, said that they were the sole remain
Ing gSss az Estate and insurance broker at No Il Pine
:. Later II developed that Mrs. Lee and her
srotheI Warren. each owned only third interest
N the estate Of their father instead Of half in
terest that Grace B. and Philip De Wolf, children
~ Frank De Wolf Smith, the deceased brother,
en- opera singer. who had his name changed to
frank De Wolf, were the owners Of the remaining
'hTo o Angast isi the Children through Charles
E Lydecker. their attorney began partition suit
menf house the Forty-seventh-st- property and
lot adjoining it. Acknowledging the claim of the
children, Mr.. Felt bought out their interest for
END After proceedings were heard in the Su-
nrere Court establish their title conveyance was
made The present action was brought by Mr.. Felt
against Mrs. Lee to recover s., 80, the difference
between one-third and one-half Of the purchase
mice Of SO 500. About $3.50 of her share OF the
proceeds Of the sale were paid TO her attorneys,
Goeer -Schaffer & Eisler. No 27 Broadway An
attempt made TO attach this money, but coun-
sci for Mrs. Lee declared at that time that they
were not in the possession Of her money. Plaintiff
then took out an order for Mr.. Coolers examina-
ton The latter appealed, and the matter is pend
ing in the Appellate Division of the SUPREME Court
aWarren De Wolf Smith is now paying back his
share IN the proceeds Of the sale, and, conse-
ruenrly no suit was brought against him"
Bela D. Eisler. OF Goeller, Schaffer & Eisler,
counsel for defendant, said yesterday that Mrs.
Lee had no knowledge Of the existence Of a niece
ard nephew at the time the sale made. He
excused himself from talking further about his
client.
Herman A Heyat counsel for Warren De Wolf
Smith confirmed what Mr.. Eisler said concerning
the innocence Of Mrs. Lee and of his client in sell
ing the property without considering the claims Of
their brothers children