The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-30
OURYEA SWBATS FOR ALIMONY
WHILE HIS WIFE, WHO GETS 1T,
rs WE'LL TO DO HERSELF.

Son OF Gen. Hiram Asks the Court TO LOOK
Into His Affairs and See Ir II Is Reason
able That His wife Should 1--we Above
Ills Income ut Ills Cost Any Longer.
Chester b. Duryea, whose wife Nina
Larre Duryea, obtained a separation from
him on March II, 1904, has begun proceed
ings in the Supreme Court TO have the
amount Of alimony which he is compelled to
pay under her the decree reduced from
s., $40 a year to such a sum as me court
may determine that he is able to pay.
As Mrs. Duryea and their f~our-year-old
son are now living in France, no legal de-
termination can be had on the application
until Mrs. Duryea has been served with a
copy of the papers. Such a copy will be
sent TO her last known address, care OF
Mrs. James Clinch-Smith, III Champs
Elysees. Paris"
Duryea has been paying the alimony,
So a week for his wife and SIS a week for the
son, but, he says. he is no longer able to
pay it.
Before the decree was signed, Duryea's
financial ability was referred to Cephas
Brainerd. who reported that Duryea owned
twenty-ssven 81 900 5 per cent. bonds OF
the National Starch Company, All shares
Of the Corn Products Company preferred
7 per cent. stock and two patents from
which he was realizing nothing.
Duryea, according to the referee, is a
chemist OF repute and was living at the
time Of the separa ton with his father,
Gen. Hiram Duryea, at no personal ex-
pense. He was under contract with the
United States Starch Company, in return
for the starch stock he held. not to engage
in the starch business until July /, 1903,
anywhere in the United States. His total
income from his stocks was 81 ,227, and he
had no other resources. The decree found
him IS, $40 in arrears OF alimony, and he had
TO pay this n 1888 costs. .
Mrs. Duryea, who is a daughter OF
Franklin Waldo Smith Of Boston, sailed
for Europe no long after the separation,
and her alimony is paid to the knicker-
booker Trust Company. She Is we'll to do
in her own right.
To meet the arrears Of alimony and the
costs Of the action, with some incidental
expenses, such as counsel fees, &c, Duryea
SAYS, he had to sell thirteen of his bonds,
leaving only fourteen Of them, paying him
but 500 a year. Then he says in April
last the Com Products Company ceased
paying dividends, and the stock fell 80 low
at an average OF 81. On the proceeds. he
saws, he is getting only 3 per cent. so that
his present income from these sources is
about 81 400.
To meet the 81 600 a year deficiency in
the alimony payments. he has had TO use
up part Of his principal. and things looked
so bad in February last that he took a lob
as chemist with the Edwardsburg Starch
Company, Limited, at cardinal. Ont.
He gets only $1,000 a year, and OF this, at
least 81 900, he says goes for Office and other
expenses, leaving about half for living
expenses.
To preserve his remaining capital. there
fore, and enable him to live comfortably
and meet his obligations, he will ask the
Supreme Court TO cut the alimony in two
or make such reduction as seems fit. He
points out in his application, now on its
way to Paris, that Mrs, Duryea's action in
removing the child to Paris deprives him
Of the right accorded in the decree OF seeing
his son at least twice a week, il he so desires