The Providence news. (Providence [R.I.]) 1891-1906, 1902-08-13
THIS GIRL MAY
BE AN HEIRESS
Record Of the Coroner Is Dis
putusd by Margaret Mayer.
SHE SAYS She STILL LIVES
Declares Guardian Gave Out False Report
While Defendants Assert She Is
q FsuldIlug.
SHE SAYS She STILL LIVES

New York, Aug. 1a-1f Margaretha
lPsari Mayer, now in St vincent's or
phan asylum. can prove she is the Mar
garetha Mayer who is said 20 have died
IA 1896, she wil obtain possession of the
premises No. sssk Hudson street. valued
at 5000 The case came mp when an ap-
pdicat3on was made TO Justice Green
baum to vacate an order Of the late JUS
4ice McAdam substituting Margaret Smith
ss plaintiff In q suit In place of Margar-
stha Mayer.
Margaretha Mayer was the daughter
and sole heir of John r. Mayer and his
wife, Annie II. Mayer. and according 10
ths certificate Of a coroner OF Phila-
deiphia she died In that city on July 81.
1896 aged eleven months. II was upon
these representations that Justice Nc
Adam signed the original order.
Now a little girl, an inmate Of st.
vincent's orphan asylum in this city,
comes forward and through her counsel,
Edward Riegelmann and John j. O'Con-
nell, positively asserts that she Is the
Margaretha Mayer who is said TO have
died In Philadelphia.
After the death OF the child's mother.
Anna r. Mayer. on July 1s. 1898. a suit
in ejectment was instituted In behalf OF
Margaretha Mayer against Elisabeth
Mayer. mother OF John II. Mayer. In
whose name title to the Hudson street
property stood, on the ground that the
property rightfully belonged to the child
as sole heir of John II. Mayer.
The case drifted on until July II, 1901.
when affidavits were presented TO jus
tice McAdam In the supreme court, stat
ing that the child had died while on a
train TO Philadelphia.
PROOF OF DEATH WAS GIVEN.
Proof OF little Margaretha's death hav-
fng been presented, Justice McAdam sub
stltuted Maggie Smith. sister OF Mrs.
Mayer, as plaintiff in the ejectment suit.
This order Justice Greenbaum 10 now
asked to set aside In order that the child
claiming TO be Margaretha Mayer may
be afforded an opportunity to prove her
identity and contest the title to the prop
erty.
Less than three months after the sign
ing OF the order Maggie Smith died. In
her will she did not mention Marga-
retha, and Surrogate Thomas was ap-
pealed to for leave to contest the will.
He refused to grant permission or to
recognize the status OF the child In ST.
vincent's orphan asylum known as Mar
garetha Pearl Mayer
In court yesterday II was stated that
at the time the motion for a substitu-
tion was made to Justice McAdam the
child was actually in the custody OF Mag
gfe Smith. who declared Il to be dead, ana
that after Maggie Smiths death little
Margaretha was placed in the orphan
asylum. To Offset the allegation that the
child died In July, 1898. counsel submitted
a copy of the will of Annie F. Mayer the
child's mother. dated Juno rs, 1898. In
which bequests are made to Margaretha.
IL. amt ertta r1l az
the child In St. vincents orphan asy
lum, swears that Annie F. Mayer and
the child lived with her up 10 the time
OF the death OF the mother In 1898 and
that the custody OF the child was then
given to Maggie Smith She asserts that
the child In whose behalf she now asks
the Intervention OF the court Is the real
Margaretha Mayer.
SAYS CHILD is A FOUNDING.
Lawyer Gratz Nathan In opposing the
motion declared that the child OF John
Il. Mayer died on train en- route for
Philadelphia and that the Margaretha
Pearl Mayer who appears at the pres
ent juncture is founding adopted vy
Mrs. Mayer, who. fearing that by the
Death OF her child the fathers property
would be lost 10 her. went TO the Found
ling asylum In this city and on Sept.
Al, 1896 adopted baby named Mary
Henry and called her Margsretha Mayer.
John Bradley. OF No. $50 Flushing ave-
nue.. Brooklyn swears that he saw the
child frequently and that the Margar-
etha Mayer now In st. vincent's orphan
asylum bears a strong resemblance 20 the
late John F. Mayer. Justice Greenbaum
said the case had so many remarkable
features that he would probably send II
20 a referee to take testimony
The property I'm dispute is now held
by John Orr and is said to be worth
5000.