The Providence news. (Providence [R.I.]) 1891-1906, 1902-05-12
SONS NOT
MENTIONED.
Count Seeks Lions Share Of
Dead Wife'S Fortune.
WANTS LEGACY FIRST PAID
Was The Daughter Of Rich New York
Banker and Left Trust Fund
Of $1.250,000.
WANTS LEGACY FIRST PAID

New York. May 12-Several interesting
questions affecting the disposition of the
81. .25O. 900 fortune left by Countess Antoin-
ette Seilern, who was formerly Antoinette
Woerishoffer. the daughter OF a wealthy
banker OF this city. are TO be settled
through an action that has been begun In
the supreme court of this city by the
United States Trust company and Com
modore Cass Ledyard. as executors and
trustees of her will for the purpose of
having a judicial determination and con-
struction of the will and the opinion of
the court relative to the fund held by
them under a deed OF trust which was
executed on March %, 1897
Countess Seilern died on Sept. % last al
her country residence Trensham Place,
Farnham, England. Count Seilern and
three sons, Carlo Hugo, oswald and An
tdne Seilern, survive her. Her will, which
she executed on Feb. 10. 1898. and which
has been admitted 10 PROBATE here and
in Englard. gives TO her mother. Anna
Woerishoffer. OF this city her wearing APP
parel and personal effects She made a
bequest of s25OOoO TO her husband, Count
Seiern, and created a trust of $75OOOO,
the income from which she directed
should be paid TO him for life.
SONS NOT MENTIONED.
On his death the principal is to be paid
to her sister. Emma Garcia WORKSHOP
fer. OF this city, who is also made resid-
uary legatee. No mention is made OF
the three sons in the will. George A.
Miller. OF No. 81 Wall street, is attorney
for the trust company, and Mr. Ledyard
in the action for the construction of the
will. and Selden Bacon represents the
count. Ii is said that the action is a
friendly one.
When the countess established the deed
OF trust a fortune In securities was
placed In the hands of the trustees the
income from which was paid TO her up
TO the time of her death. 1t is said that
there remains in the custody of the trus-
tees at the present time 81, 250,000 I'm per-
sonal property. belonging to the trust es-
tate.
Count Ssilern. I'm his answer, AYERS that
as the countess was British subject, the
viii should be governed by the laws of
mat country. Another question to be
passed upon is not whether the will is
invalid because IL does not refer TO the
children born subsequent TO its execu-
ton, and also whether they are entitled
to any interest in the fund of more than
a million dollars held by the trustees.
WANTS ENGLISH LAW TO RULE.
Count Seilern claims that by the laws OF
England a married woman has full power
TO make a will dsposng Of her real and
personal property. and that the subse-
quent birth of children TO a. testatriX does
not I'm any way affect the will, whethe r
the children are provided for or not.
He further contends that the property
of the, countess. exclusive OF the trust
fund held under the deed OF trust is
wholly insufficient to carry out either
the bequest of S250000 to him or to estab-
lish the trust fund of $4,000, and he de-
clares that the trust OF 81 250.0O0 should
be applied TO carry out the payments of
the bequests under the will. Until this
Is done he insists that the sons are not
entitled 10 any portion OF the fund held
by the trustees under the deed OF trust.