The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-06-06
GARRISON LOSES
4HB LGRlLLARD FUND
Judge Davy Decides Against
the Contestant.
Money Given by the Snuff Manufacturer
Set Apart for an Alleged Inegiti-
mate Child.

NEW YORK. June 6.-Justice John
n Uavy. OF the supreme court. has
handed down q decision in favor Of the
defendant IN the Icng-foueht suit CT
Airs. Annie A. Garrison to recover from
former Judge Leicester Holme a trust
fund Of s2o1G0 which mad been set
apart for the maintenance OF the plain
uH's daughter Grace, now Mrs. Harry
Vidal Nivon. Of London.
The $50. 600 was part Of q fund which
was given to Mrs. Garrison in 1885 by
the late George L. LorilIard. whose in
timte friend she had been IT years
As Anna Rodgers, Mrs. Garrison came
to this city in 1876 Among the friends
she made were Lorilsrd and HoIIac.
and these friendships continued through
her marriage. first to Clarence An
drews. from whom she was divorced,
Holme acting as her attorney. and later
to Walter c. Garrison. who died about
five years ago.
Il was in 1875. three years before her
marriage to Garrison. that the child
Grace known also as Gecrgettc. was
born TO her in residence en- West
Forty-sixth Street According 20 the
testimony given 81 the trial of the ac-
tfoH Just decided. nth L0rIIIard 8nd
Holme We're frequent visitors to this
house The certificate Of birth named
as father Of the child E. James Rcdg-
ers. who does not otherwise appear in
the case
Mr.. LOriIlard ended his relations with
Mrs Garrison in 1885. and at that time
gave her S41 500. This money Mrs Gar
rison alleges was in payment Of services
rendered in curing him of d drug habit
The payment was made through Holme
who acted as Mrs. GaTrisOn's attorney.
at her request. She kept SO. 800 out
right, Hoime took $500 for his serv-
ices. and the other 500. 600 was deposited
in trust with the Washington Trust
Company. the income. $500. 10 be spent
in educating the DAUGHTER until she be-
came CT age This income Mrs. GaTri-
son received, although in 1857. Holma
had adopted the chih and had provided
Tor her education
The daughter reached her majority on
February Is. 1898. and thereafter claimed
the principal OF the trust fund. Mrs.
IL e
HUlme had deceived her as to the terms
Of the trust and had led her to believe
that the S20,9ao was to come to her
after the daughter came OF age.
The case was twice tried. first before
Justice Leventritt and q jury. which dis
agreed Counsel then agreed to waive
the jury and TO have The evidence read
before Justice Davy.
One contention made by Mrs. Garrison
at the trial was that EOIme himself was
the father OF the girl and had persuaded
the mother to create the trust fund so
that he might be freed of the care OF his
own child. An effort was made AT the
first trial to introduce photographs OF
Mrs Nixon to show a supposed resem-
biance TO H0lme. but they we're ruled
out Justice Davy. only comment or
the point of paternity is.
she was born or the 2Sth dav Of
February. 1873. She WAS the HIegiti-
mate child of the plaintiff who was Iiv-
ing with the said George LoriUard at
the time Of the birth Of the said Grace
Nixon
Mrs Garrison's contention that HoIue
had misled her regarding the final dis
position of the trust fund is not aUowci
by Justice Davy. who says thar q valid
trust was created for the benefit OF
Georeette Rodgers. rcw Grace Nixon.
and that she is eatitled to the fund. lie
adds.
The said trust deed was read to the
plaintiff and she understood the con
tents and assentcd thereto"
The $4,000 nov goes to Mrs. Nixon
subject only 10 an altc-nuptfaI agree
mCnt by which her property. consisting
only of this money. wa to be held in
trust for hersejs and Nixon
leicester Homo was at one tine
prominent politically and as a member
Of several clubs he,c- He was score
.aTy 10 Mayor Grant. an excise commits
sioncr. and a justice Of the city court
He was divorced fr,-m his first wife AMI
while practi@jns law was appointed
guardian for Lizzie u. Hastings. who
while minor, had Inherited an estate !
Of more than 81 EaiIlfon dollars Mis-;
Hastings was married to Dr. Fraze, C. /
Fuller in 1893 Holroe being best man a
the Wedding Dr. Fuller died in 1872
and the next year HOIme married thu /
widow Since tEou they have resided
most Of the time in Paris.