The sun., 1903-10-06
DIEDSEp1. 10, MARRIEDoCT.
ALLEGED SUBSTITUTED MAR.
RAGE TO CREATE A WIDOW.

u
While Maria Alberst Of tho Marriage
Certificate Sues to Collect SO. 900
Payable to Herman and Maria.
A marriage certificate alleged to have
been obtained with the help Of a subj IT,
tuted bridegrc ON after tho death of the
bridegroom named OH its face and then
dated back after erasure OF the true date
was exhibited yesterday in the Supreme
Court before Justice Barrett, while the
woman named In 1t Go the bride sat in court
impatiently tapping the floor with her shoes.
Suing as Maria Albeiyt she sought to
compel Joseph T. Magee. a lawyer, to turn
over to her bank books showing deposits
Of $500 and a mort gage bond for SO, ,o0O
part of tho estate Of Herman Albert, Jr.,
whom she described as her deceased hus-
band and Of whose estate she has BET n
made admins, ra;rix. Richard N. Arrow,
a. counsel for Magee, openly made the
charge that Mrs. Alberst had never been
anything tut the common law wife of Her
man; that she had gone six weeks after
hs death, on Sept. Is, 1901, to Wsshingt on,
d. C., with man whose identity does not
appear, and there married him, he giving
the name of Herman Alberst, Jr., and that
after she had returned, the marriage GER
tifcate was altered 80 as to show that the
ceremony had occurred on June 8. 1901.
Mr.. Arrow said that tho woman h, d done
this to fortify her claim to the estate
The plaintiff. who was Maria Elizabeth
Cole, procured letters Of administration
upon Herman Alberst's estate on Oct. IS,
1901, q month after his death. She re-
tanned Magee as her lawyer, and col
lected large part Of the estate as ad-
ministralrix. She turned over to him the
bank books and the mortgage bond. The
bond was executed in 1896 and was for
10000, payable to Maria Alberst and Her.
man Alberst or their survivor. Mr.. Magee
continued to act for tho woman until June
last. when she demanded the $4,000 bond
from hiA. alleging that she wao the Maria
Alberst named therein. The company
that had given tho mortgage was willing
to pay it Oh. but Mr.. Magee refused TO
turn 1t over to her or enable her to collect
1t, telling her that he did not believe
she was the Maria Alberst named in tie
bond.
MI. Arrow said Yesterday that Mr.. Magee
poinIed out then that her marriage certif-
cate was dated five years later than the
bond, but that she maintained her asser-
ton. She then went to the Title Guaran-
tee and Trust Company to collect the bond,
but she failed to get the money because
she did not have the document in her pos
session.
Meanwhile Mr.. Magee had discovered,
said Mr.. Arrow, that Maria Alberst. mother
Of Herman Alberst, was still living. having
been committed on juno 20. 1901. to the
State Asylum on Wards Island. ON the
application Of her son. Mr. Magee then
turned over the bond to George BurnhAn,.
JI, who had been appointed committee
of her person and property.
Mrs. Cole Alberst then brought this pro-
ceeding to compel Mr.. Magee to turn over
to her the bank books and bond, and Head
ley NJ. Greene appeared for her as counsel.
Mr.. Greene argued yesterday that his client
was being wrongfully deprived OF money
which she was entitled to both individually
and as administrative
Mr. Arrow, in replying. detailed what
Is given above and continued:
Mr.. Magee handed to me as his cou nsel
all the papers in the case. including the
marriage certificate. I was examining
them carefully and happened to hold the
certificate up to the light. Through it I
saw that there had been an eraslre on the
certificate, and found that it was over the
date. Investigation showed me that June
8 was not the real date, and thcreupon
communicated with Washington, D. c.,
where the certificate was granted. and
learned that the only record of such mar
rlage was dated Oct. 81. 1901. Your Honor
will notice that Alberst had been dead then
almost two months, and this woman was
already acting as his Administrative.
Furthermore, it should be noticed that
the certificate had been carefully ante
dated to a date prior to the mothers COM
initial to the asylum. can only charac-
terize this affair as an audacious piece OF
deviltry. the like of which I have never
seen in all my experience. This woman
was never Herman Alberst's welded wife:
at best she was only his common law part
ner"
Mr.. Arrow produced the certificate in
court to show the erasures Justice Bar
rett appointed Henry W. Sackett referee
to take testimony and report in the matter.
ATLANTIC AGREEMENT FALLS.
Continentnl Stea mshlD LlneS Withdraw and