The sun., 1903-06-25
TO CONTEST WATR0US WILL,
WHICH LEAVES $4,000 TO kATH-
ERNIE FLOECKHER, OR BALLOU.

Bob Cutting. the Woman's Lawyer. says
| she Was Known and Held Out for
Three Years ~ Mrs. Watrous and That
She VIII Insist on Her Dover
Robert L. Cutting, who says he repre-
sents Katherine Ballou. announced yes
terday that Mrs. Ballou will contest the
will Of Walter w. Watrous, alleging that
she is the widow The will was filed yes
terday in the surogates' Court by Harry
Watrous, brother OF Walter. II makes
bequest of 5000 to Katherine Floeckher'
otherwise known as Katherine baliou'
Mr.. Cutting said that Mrs. Ballou would
seek to have the court recognize her as
the widow on the ground that for three
years Watrous and she had lived together
as man and wife, that she had passed as
Mrs. Watrous all that time, and that oiils
made out to her as such had been paid by
Mr.. Watrous.
Mr.. Cutting would not say positively
that no marriage ceremony had ever been
performed, but he intimated that it was
on the old common law right that his client
based her claim 1t was not until jan l.
| 1902, that the new law OF this State requiring
that all marriages by agreement be certi-
fled and recorded went into effect.
WI. Nullluk NlSOsl tiAC oui'oSoes7o oh'SS
yesterday afternoon and read the will filed
there earlier in the day by Fink, Embree d
Cobb. representing the executors. This is
the will that was in the possession Of Mr..
Watrous's brother, and. 80 far, is the only
will discovered. 1t was made on Jan. 4,
1901. at Tuxedo, and under it H. W. Watrous
and Allen w. Adams, one OF Mr.. Watrous's
partners. are the executors.
! There is no mention OF widow in the
will, and no mention of Mrs. Ballou beyond
the statement quoted above. The will
directs that after this one bequest is paid
the residue shall 60 to the trustees to pro-
vide for the support and education OF Liv.
ingston Watrous, the testator's son, until
he shall be 81. Then he is to receive the
accumulated income and thereafter the net
income until he is 80. when the principaa
shall be turned over to him. In case Of his
death before that time the will directs
that the estate he divided between the
brother, Harry Watrous. and the testa-
tors mother, Ruth A. Wstrous.
Livingston Watrous is the testator's
son by the wife who secured divorce
from him and is now Mrs. Richard H Hunt
He is IA years of age and lives with his
mothers father. $. Otis Livingston. at
rs East Sixty-fourth street. Mr.. Cutting
said last evening at his home;
Il represent Mrs. Watrous, and think
| / am at liberty to say that we will con-
test this will and fight for dover rights.
Mrs. Watrous has been very much wronged
by Mr.. Watrous's family by their state
| and Mr. Watrous were man and wife. They
knew that the couple had lived as man
and wife for three years and both the
| brother and the mother had called on Mrs.
| Watrous.
"Mr. Watrous began to live with Mrs.
vorce from Floeckher, which was in March,
1900. Fro that time up until Mr.. Watrous's
death they lived together at several
known as Mrs. Watrous, and the places
were hired for her in that name. Further
! than that, all the tradesmen made out their
bills to her as Mrs Watrous, and as such
| they were paid by Mr.. Watrous. In fact,
! state under which they lived, and this union
| occurred before the passage of the present
Contract Marriage law, Mrs Watrous, act
| ing on my, advice. has not made any state
bate, we will present our claim and any
| number OF Witnesses to show that Mr..
Watrous recognized her as his wife.
"Mr Watrous was man who made many
| wills, understand, and we shall certainly
| search for some other OF more recent date.
| The will filed to-day, however, is no good at
| all upon proof OF later marriage. Five
| thousand dollars is an absurd sum for
a woman Of Mrs. Watrous s manner of lv-
| ing to take and any one might have known
| she would not accept it,
Regarding his clients previous marriages
all Mr.. Cutting would ray was that Mr.,
Balou was q rich man. but that Floecker
was not.
Mr. Harry Warous said yesterday that
his brothers estate had been greatly over
estimated.
$50 far aa I know" eaid he. my brother
did not leave any real estate He has
always lived high and spent money freely.
About all his estate is his interest he had
in hia flrm of which he was the Junior
parner How much that is can't say;
but to put it at 100000 is greatly exagger
ating It,.