The morning journal-courier., 1908-01-01
IVY NOOK CASE HEARD IN COURT Friendly Suit Before Judge Shumway for Construction of Mrs. Baldwin's
 Will.
QUESTION ON RESIDENCE
Matter Gets Through Taking of Tes- timony. and Arguments Will be Heard When the Case
 is Resumed

 able interest to many readers of this paper was heard yesterday afternoon before Judge shumway in the superior court. It was that of the New Haven Trust company vs. Camp, in which is involved the construction of the will of the late stephen Whitney and of his daughter, the late Mrs. Nathan A. Baldwin. It is friendly suit which has been hanging fire for some time
 Briefly stated, the matter is as fol- lows: In 1857 Mir, Whitney deeded to his daughter his estate at Whitney vile, known as Ivynook This deed gave her tho property as life estate with the power to will it away at her death. Mrs. Baldwin died two years ago.
 Some time since, the executors of the estate of MT. Whitney, claiming that Ivynook had reverted to them again since, as they claimed, Mrs. Baldwin had not made use of her power to will the property away, negotiated sale with r. F Brewster of the w. X E, Fitch company. who now holds the property. The Whitney executors dis covered a flaw in the title because of the claims of the executors of Mrs. Baldwin that her will had really been good one and that they were in con- trol of Ivynook.
 To make Mir Brewster's title to the | oh ,.4,- .Nfa 70 ecutors gave him deed to 1t and the money received in payment was put in the New Haven Trust company while the present friendly suit was brought by the trust company against the executors of Mrs. Baldwin's will, as represented by one of their num- her, Theodore c. Camp of New York, to find out to whom it should pay the money
 Judge Shumway called the court yes terday at noon. The principal object of the testimony given yesterday was to prove that Mrs. Baldwin consid- cred herself n resident of New York Thir is oc great he r,uT . thr c&ta- The pla9 sls tas ir,s' yir,atti giail l that MiG Baldwin ia not exercise her power 10 win Ivynook away, since 1t vas not mentioned in her will Mrs BaIdwin's executors represented by the i defendant. claim that she was a resi- dent of New York. or considered her self one. and that, under the laws oi that state, the deed of her father the late stephen Whitney. would have giv. en her the property in fee simple any way and In addition the property would have been included In her will under what is mentone as the residuary es tate.
 To show that Mrs Baldwin was 2 resident of New York pr John Wood. ruff of New York was called. Mrs Baldwin's second husband, Dr. Jane! Crane. was the uncle of Dr. woodruff The latter testified that during thu twelve years he had known her she hat resided in New York, holding at vari ous times suites of rooms at the Wal dorf- Astoria and the Majestic hotel there.
 Theodore C. Camp, the defendant II the suit, testified that he had assisted : his uncle, who had been head book keeper for the estate of stephen Whit , ney from 1869 10 1881. He testified a : to the value Of the estate and as t r the amount each child got In the es , tate
 The date of the marriage of Caroli, Crane to Nathan A. Baldwin wa , brought into question by Attorne.
 Henry C. White, who appeared for tn
 trust company, and information wa
 sent for from Registrar of Vital Sta
 tistics Carr. It was found that tn
 couple had been married April 2S, 1S9l The third witness was George An
 drews, the town clerk ot Hamder
 where the property Is located Nil
 Andrews testified as to the paying c the taxes on the property, which, Il said, had been paid by Mrs. Baldwin
 He further stated that in Hamden Mir
 Baldwin was almost universally locke on as a resident of that district. ? Judge Henry Stoddard appeared fc U the Baldwin executors. The amount II question, which is held by the trus
 company, is S50,O00.
 The case is now ready for the argr J ments They will be heard whenevt
 Judge Shumway can arrange It. Tt ,s day and all the rest of the week |
 expects to be busy with the Bronso
 cases against the Mechanics and Ne s. Haven County banks. The judge is dt T, in Hartford for the January session n the superior court for that county ne, 'e week