New-York tribune., 1902-02-15
CONTENDS FOR ANNUITY.
THE SUIT OF OLD FIRST CHURCH FOR
$4,000 A YEAR BEGUN.

The first hearing in the suit which has been
brought by the First Presbyterian Church of this
city against II. Van Rensselaer, Kennedy, as ad-
ministrator of the estate of Miss Rachel Lenox
Kennedy, held yesterday before Justice IruaX
a preliminary motion.
Miss Kennedy several years before her death,
promised pay to the First Presbyterian Church
1900 per annum in perpetuity. In making this
promise Miss Kennedy stated that she would her
self pay the money TO the church in her lifetime
and would make whatever arrangements were
necessary to secure Its payment from her estate
in perpetuity. In addition to her verbal promise
she expressed her purpose in writing. Certain con
ditions were connected with this guarantee which
were presented 10 the official boards OF the church
and acquesced in by them. These conditions have
been fully performed by the church since that
date, and Miss Kennedy paid the amounts TO the
church which she had promised, in accordance
with these arrangements up to the time OF her
death. which occurred on July g. 1895.
In addition TO her verbal promise and its writ
ten repetition she maze careful provision in her
will for the perpetual performance Of this obliga-
tion. Advised by her counsel that the principal
amount Of $4,000 would yield annuity of 5000.
she inserted a legacy in her last will and testa-
ment, giving TO the church the sum of $1,000 the
principal to be invested and the annual interest TO
be used in the fullment OF this promise. This will
was shown to be in existence at her home IN this
city at the time of Miss Kennedy's departure from
New-York for York Gins. Me. within six weeks
Of her death. While staying at York GINS she
made repeated references 10 the will, not only
tioning its contents. but speaking OF its location
in the cedar closet OF her room. connected with
her bedroom in this city. where she had been in
the habit of keeping it. Among the last utter
ances of her conscious life was a statement that
her will would be found there.
When the will presented 20 the Surrogate
for probate carbon copy a fac-simile OF the
original produced by Miss Kennedy's coun-
sci. The subscribing witnesses were known and
were available and II appeared without dispute
that the original will had been duly executed.
alleged by the proponents and that the carbon
copy n fac-simile OF its contents. 1t also
appeared that Miss Keunedy's counsel had been
requested by Miss Kennedy retain this copy
to in the original should be lost. No af-
hrmatve testimony produced tending to show
that Miss Kennedy had herself destroyed or
revoked the will Miss Kennedy's own statement
upon her deathbed that her will remained in
istence and could be found I'm the cedar closet OF
her bedroom in this city, not received in evil
denCe.
The contestants were Miss Kennedy's nephew
II. Van Rensselaer, Kennedy and her sister Miss
was based not upon any affirmative testimony
tending to show revocation OF the will but upon
TWO legal propositions First. that the non-pro-
duction of the original instrument itself carried
the inference with 1t that Miss Kennedy herself
nedys declarations In the period from the date OF
the will to the time OF her death not ad-
points in favor OF the contestants. excluding the
explicit statements of Miss Kennedy and accept
the finding of the courts instead Of being based
upon trial OF the merits of the case, is virtually
In the suit just begun the contention of the
church is that. Miss Kennedy having failed
testamentary instrument-that Is by any instru-
ment accepted for probate-it remains for her
estate to fuihl the obligation when she entered
recognized up to the time Of her death.