The Washington times., 1904-07-31
FORTUNE HANGS
ON OLD DIVORCE
Decree Filed 90 Years Ago
Now Disputed.
HEIRS IN A LEGAL TANGLE
Question Turns on Mans Residence at
Time Bill Against Wife
Was Granted.
HEIRS IN A LEGAL TANGLE

PHILADELPHIA. July 30.-On the
final decision of the courts IN the petit
ton filed by Mrs. Hannah Given to an
null the decree of divorce granted TO her
husband, William Given. in the common
pleas court February q. 1S4S. depends
not only the legitimacy Of a number of
children of the husband, but the DISPOSE
ton of large fortune which he left at
the time of his death at Sault Ste. Marie
in July. 1901.
Judge Porter, of the superior court,
has overruIed the petition and declined
to set aside the divorce decree, but the
case will be taken to a higher court by
Mrs. Given.
After separating from his wife in 1874
the husband, who was a bricl1layer by
trade went to Cleveland and started in
number of city contracts and died
wealthy.
Three Marriages Involved.
He was married twice after obtaining
the divorce from his first wife. and by
his second wife had number of children
and grandchildren. There are no chill
dren by his third wife, who Is still liv-
ing. and whose winter home is In Cleve-
land and summer home in Sault Ste.
Marie.
Robert Given Swift, who took his
mothers maiden name after the separa-
ton and who is ffty-nine years old, is
the only child Of the husbands lrss
marriage. He lives with his mother at
2204 Ontario Street and was for thirty
two We RS teacher in the public schools
of Philadelphia He told the following
story o. the marriage and divorce;
Met His Father.
II did rot know my father was alive
until I waa 'twenty-eight years old. AT
the time he left my mother I was an
infant ami blind with the smallpox
first saw my father at the grave of his
mother, some time in the eighties. l had
my two children with me. and we had
quite Conversation. I never told my
mother OF this meeting. for 1 thought il
would only upset and trouble her.
Ny mother has always told me that
my father deserted her and had never
said anything about a divorce until his
death In 1901 She states positively that
! she had never been served with any
summons or heard of divorce suit e
There is no animosity in the present
suit and my fathers third wife paid a
visit to my mother a short time ago.
! She said she did not know my father
/ had been married twice before he be-
came her husband
she was a widow when father mar
ried her, and has several children By a
/ former marriage, but none by her mar
| rage with my father.
Papers in Case Lost.
THE main thing which has stood In
our way in the present suit is the fact
! that the libel and all the papers in the
original suit have been lost. After q
lapse of ffty-nine years it was hard K
obtain any documentary evidence.
THE point on which the suit seems u
hinge is whether my father was a resi-
dent of Ohio at the time the divorce
suit was started. My mother says h'
was
MY mother did not leave my father Of
her own accord. She was ordered 10 g
10 her home, or TO a hospital. by hel
physician, on account of her health
She was sick and feeble and unable Il
attend to household affairs
My mother is nearly eighty-flve years
old Her mind is perfectly clear and
she remembers every circumstance con
nected with her marriage and the sepa
ration as well as II it happened yester
day"