New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-05
FOUNDING GETS $4,000.
Justice Smith Decides Case an Childs
Favor.

After consideration of one of the most knotty
problems he has ever had to deal with, Justlce
Wilmot VI. Smith handed down decision In the
Supreme Court Brooklyn. late yesterday which
establishes the claim of Margaret Pearl Mayer. at
time a founding in st. Josephs Founding
Asylum, to estate valued at $4,000 The estate
comprises a large tenement house at NO 500 Flush
ing-ave which has been in possession Of Mrs.
Mary A McGoIdrck.
Mrs. Ann Kelly guardian OF the Mayer child.
moved into the house for the purpose of bringing
the claim a head She and the other tenants
refused TO pay rent on the ground that Mrs. Nc
Godrick did not own the house The latter brought
suit for ejectment and it in the trial of that
case, which began last April, that the ownership
of the property decided.
The defendants case this: The house had be-
longed to Mrs. Elizabeth Mayer who died in 1891.
leaving a will naming her son. John +. Mayer. and
his descendants her only heirs John had
ried Annie McCaul in 1872 and died in 1s9E Shortly
after his death posthumous child born to
his wife and named Margaret Pearl Mayer.
When Mrs Elizabeth Mayer died it not
known that the son had left a child Her only
other heirs John Jacob FIammer and Charles
Arthur Flammer. sons of her only daughter. who
was dead. and Magistrate Flammer. of Manhattan.
They obtained letters Of administration Mrs Annie
Mayer appeared soon after. proved that postum
nous child had been born TO her on August o. 1896
had the Hammer letters of administration revoked
and had herself made Administrative She died in
1885, and gave the custody Of her child her sister
10 idtJef hef estate IN
trust for the child Mrs Smith placed the girl in
st, Vincent's Orphan Asylum. In October. 1901 Mrs
Smith died, leaving all her property to Mary Ann
McGodrick, a friend, who took possession Of the
Flushing-ave. house.
In October 1901. Mrs. Kelly took the Mayer child
from St Vincents Orphan Asylum and had herself
appointed guardian, claiming the Flushing ave.
property IN the interests of the child.
In putting in her answer Mrs. McGoldrick con-
fused the case. She declared that Annie McCaul
was not John Mayors legal wife land therefore
they could have no legal children). because when
he married her in 1872 he had another wife living.
She also held that the posthumous child had died
in Philadelphia at the age Of eleven months This
latter was proved the trial. and II was also
shown that subsequently Mrs. Mayer had taken
a little girl from st. Joseph's Founding Asylum
and called her Margaret Pearl Mayer. after the
dead child. In deciding the yesterday. Judge
Smith said:
The three pivotal questions Of fact to be deter
Annie Mayer on August g. 1895, the legitimate child
4f hf GhR Rho s the d B Par Shd ayef s IN @
to in the viii left by Annie Mayer
not find upon evidence that the John Mayer who
married Elizabeth Hall in 1868 was the same John
bgamy was committed. the second marriage was
valid valid after he had lived with Annie Mccall for
The second question decided in the aff1rma-
decision
Thirdly. it is proved corclusively that Annie
another child from St. Joseph's Foundiings' Asy-
luTn, gave it the same name her deceased child
When She made her will in June 1885 neariS two
years afterward. and two years after the death of
ter Margaret Pearl Mayer" think the conclusion
the child then living with and bearing her name.
During the trial of the action it was shown that
the Planners had. in June. 1901. made a quit claim
deed to Mrs. Margaret Smith.