New-York tribune., 1903-07-25
GARNER ESTATE DIVIDED.
LITTER LONG LITIGATION.
OUer $40 900 900 for Three Daugh-
ters-MOha5ck Dr0zcning Recalled.

An echo of one of the most startling accidents
in the history Of yachting roundabout this city
was heard yesterday when the Appellate Di-
vision handed down decision settling the long
standing litigation over the $16o00000 estate of
William T. Garner, the print goods manufact-
urer who. with his wife, his brother-in-law and
a guest was drowned by the capsizing of his
yacht the Mohawk, in the harbor on July 20,
1876. The estate is divided among three daugh-
ters
The Garners left three daughters-M -MarceIlite,
who married the Marquis de Breteuii; Florence
who became Lady Gordon Cumming. and Edith
who married count Leon de Moltke-Hultfeldt
According to the terms of the will Mr.. Gar
ners business was to have been carried on by
the executors. who We're to pay to Mrs Garner
$4,000 a year out of the income. After this
was paid there was to be set aside for each Of
the children one-third of the remainder of the
income. but they were not to receive any of the
allowance until they were twenty-five years old
What were termed added profits could not
according to the will be divided until the death
OF Florence The children contested the will
on the ground that they should not be compelled
20 comply with the conditions above mentioned,
on account OF the intervention of the death of
their mother.
By the terms of the decision the court directs
that 50. .S30.S7S 16 classed the added profits
already referred to- be divided among the three
children despite the fact that Lady Gordon
Cumming is still living. in addition to the prin-
cipal and accumulated income of the estate.
In 1899, when the last accounting was made,
the estate was shown to be worth S13.S91. .S39 90.
The capsizing of the yacht and the drowning
of the Garners, Frost Thorne Miss Adele Hun
ter, and the cabin boy, were ascrbed to the
negligence Of the sailing master. Captain Row
land but he was afterward cleared by the
coroner.
The accident occurred a little after o'clock
in the afternoon. AIr. Garner, with his wife and
the party Of friends. had started on short trip
down the bay. In the party. besides those who
were drowned, Miss Ethel May. Gardner
c. Rowland and J. Schuyler Crosby Soon after
they had gone aboard the yacht which was the
finest in the fleet of the New-York Yacht Club
at the time. a slight storm came up. and the
party retired TO the cabin. The captain evil
IDENTIFY did not think the storm severe enough to
Justify taking in the top sails, and the boat was
Just getting under way when she heeled sud
denly, and before anything could be done TO save
her. Law over on the water.
Mr.. Garner rushed on deck and gave some or
ders TO the captain; then returned to save his
wife and the other women in the cabin. Miss
Nav was lifted through the companionway ~
Mr. Crosby and supported in the water by Mr..
Howland until help arrived. Mrs. Garner and
Miss Hunter were caught and crushed by the
furniture which had been thrown across the
cabin. Mr.. Crosby and Mr.. Garner made every
effort to save them, although the cabin was
filling with water with great rapidity. Every
attempt to pull the women from under the furn-
ture was useless and the rush of water hnally
Mr.. Crosby away from them ana carried
him out of the companionways while Mr. Garner
shared the fate of the women he had tired TO
save
The accident caused the greatest excitement
throughout the country. as all concerned mad
heen prominent in business and social life. The
NeNr-York Yacht Club went into mourning, ana
expressions OF sympathy were sent from all over
the country. The sailing master was cleared
from responsibility for the accident. but many
still believed that a wiser course on his part
would have aVerted trouble as other less able
vessels in the harboT suffered no damage from
the slight storm.
Mr. Garner was born in Washington Place n
1S43. He inherited a fortune from his father.
and was the most extensive manufacturer of
print goods in the country. At the time Of his
death he was Vice-admral of the New-York
Yacht Club His wife Miss Marceliti
Thorne a descendant Of old Southern
family