The sun., 1908-04-07
BIGAMOUS WIFE LOSES suit
MRS. COLT CANN r SHARE
BANKER KILEY'S ESTATE.

Supreme Court Decides That the Woman
VINO Occupied Kiley's second Home
slgned Away Her Claim Marriage
Was, TO Put II Mildly, Peculiar"
Justice Crane in the Supreme Court in
Brooklyn yesterday hapded down a deci-
sion adversely to Mrs, Flora A. Colt In her
suit 20 compel the executors Of the late
Thomas W, Kiley to consider her as the
resduary egstee under Mr.. Kileys will.
The revelations in regard 10 the double
life OF Mr.. kley, who was we'll known
banker and manufacturer, made nearly two
years ago, caused big sensation in Brook
lyn. 1t was disclosed that Mr.. Kley had
married Mrs, Colt on Western trip In 1907,
while his wife was lying III in Brooklyn
and that on their return he established her
In fine house in the Bedford district a
few blocks from his own home.
Mrs Colt averred that she was duped by
Mr.. Kiley's fraudulent representations and
that II was not until two years aker the
marriage that she became aware chat he
had another wife. In October 1906 she
sued MIR. kiley for S20O,O 600 damages, but
the matter was adjusted through the making
by Kiley Of a will in which she was mentioned
and the signing Of a contract by him not
20 revoke the instrument He made a
later will however, in which she was ig-
nored, and she then instituted the action TO
have her claim as the residuary legatee
recognized. Kiley died on January ls,
1907, and the litigation has extended nearly
over year. Mrs Colt first tried 70 secure
recognition Of the earlier will in the Surro-
gates Court but failed
In his decision Justice Crane says
The difficulty with the plaintiffs claim in
this case is the consideration for the contract
which she asks this court TO lnforce. That
she had a good claim and cause Of action
against Mr., Klley for the injury which he had
caused in marrying her while his wife was
living Is beyond dispute. II, therefore. this
claim had been settled by the making and exc
cution OF the will providing for the plaintiff,
then | am Of the opinion a court Of equity
would have stepped in and held the testator's
estate TO the provisions OF the will a. having
been made upon good and valid considera-
ton. But the plaintiff did not settle her
claim or release her cause Of action; she
merely agreed that she would settle il when
she received the property coming to her
under the will
Mrs. Flora {. colt was a woman OF some
experience IN the world she had been married
twice before this last unfortunate alliance.
Mr.. Kiey was a very sick man. between 90
and 10 years Of age, and for some unexplained
reason had concealed his prior marriage.
conveying real property to numerous pur-
chasers as an unmarried man. The union
in matrimony Of Mrs. Colt and Mr. Eiley ct
Hammond. Ind, was. 10 put II mildly pc
culiar. while the subsequent acQuiescence Of
the newly wed wife to live apart from her
husband for year and a half without once
visiting the house where she knew him to be
living was so unnatural as to excite inquiry.
The action commenced through Mr. Grinith
against Mr. Riley for i?SO,OeO damages was
repudiated later by the plaintii. although
she signed and verified the complaint and she
denied all knowledge that such a suit had
been brought. She. however. consulted
another lawyer. William F. Scott, and later
brought TO him Mr.. kiley, who was greatly in
fear that the public might gain some knowl-
edge Of his doinss and who want ed MIR Scott
10 act in his behalf az well as for Mrs. Colt
so that upon the adjustment of AFFAIRS by the
contract and will Mr.. Scott represented both
parties and subsequently became trustee OF
$4,000 turned over by Kiley for the benefit
OF the woman he had wronged
In conclusion Justice Crane says that
the woman signed away her claim for a
reslduary beQuest and hat that ia all there
is 10 her case.