The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-16
6O-62 G 23d ST.
APPLE MARY WILLTHROWN OUT
DRAFTED ny CONVICT, STONED
"MRS. LEVI p. NORTON"

Left the Convfct's Sister All Her Property
Aged Cousins Contest 1.-THE Sur
rogat Says IL Has Not Even Been
Proved That She Was Mrs. Morton.
Probate Of a will bearing the signature
.Mrs. levi p. Morton" and alleged to have
been executed by one Of the Apple Marys'
who sold fruit about the downtown public
buildings prior to her disappearance in
1890, was refused by Surrogate Thomas
yesterday. The will purported 10 have
been executed on Dec. 81. 1887, and left all
her estate to Miss Celia Haffner, now the
wife Of Henry Foskett Of 40 Humboldt
street. Brooklyn.
The witnesses TO the will were Patrick
Hafner. a saloonkeeper OF Brooklyn, who
has since died, father Of the beneficiary,
and his son, Jacob j. Hafner, who has
served time in States prison. The will
was contested by Mary Murphy. rs years
old; Mary Moran. 80 years old. first cousins,
and Mary Murphy of Syracuse, a second
cousin. II had been reported that the
alleged testatrix had boarded about sl2, 1000,
but only about 5000 has been found. and
this Is in savings banks.
Mrs. Foskett contended that the tes-
tatrix, whose maiden name was Mary Kier-
nan, was born in 1902. In Ireland, n mar
ried In this country one Levi p. Morton,
who, with two daughters was lost In the
burning OF the vessel Henry Clay of For
rest Point near Yonkers on July 81, 1852.
She was afterward in the grocery business
on Catherine street. but for a number of
wears sold apples and candy about tLe lower
part Of the city, including the Custom
House. She usually wore one rubber shoe
in winter and was vsriously called Apple
Mary" Mrs. Herman, Mrs. Morton and
zone Shoe Mary" She is not the Apple
Mary" known about the County Court
House and Crimina Courts Building.
The Apple Mary" Of the will was ao-
Quainted with the Haffners. AT the time
Of her disappearance she lived at 81 Willett
street. II was aid that In 1890 she started
for Rome, n. Y, 10 see her friend, Mrs.
John O'Hare, but never reached the resi-
dence of Mrs. O'Hare, who has since died.
The Haf'ners were not relatives and the
will said that her property was left to my
sincere friends daughter, Celia Hafner.S
Surrogate Thomas says:
We have here a very peculiar document max
Ing n very peculiar disposition OF the property
OF %b this IS cid aSe T S4otEe4 "E Of the the c Sit4's Ss'ne q %aR
his life in States prison. This old woman
was miser and IL is said she made a Will giving
this young woman the entire fund aCCumn-
lated by her which represented a life OF hard
ship, n tale of miserly economy.
When | find that this mar who drafted
the paper and was It's first subscribing wit
ness will not deny that he had even been
m s'& ners iRTIeiseiRSH t RstOI he I has . .r.mS a al least %st
ten years OF his life since that time In States
prison. must rest some part OF the ~eig.
Of this decision on his testimony
| can only say that I am not satisfied with
all that testimony fresh in my mind that
this old woman made this VIII ], therefore,
think it Is my duty 10 refuse TO probate this
paper.
He SAYS II was not shown that Apple Mary
ever married a Morton.