New-York tribune., 1909-04-10
YERkES HOME GU ARDED
RECEIVER'S DETECTIVES
FORCED WAY IN.
Wido7c, III, Una7carc of Their Pres
ence- Claims 4rt Collection
Inder Bills of Sale.

Suffering from an acute attack Of broncnltls
! complicated by chronic feebleness of the heart
! and general nervous collapse. Mrs Mary Ade-
| Iaide Yeries. widow Of Charles T. Yerkes, lies
dangerously i'll at her home at Fifth avenue and
6Sth street Unknown to her. two or three
private detectives have been in the house DAY
and night since Monday in the interest OF the
temporary receiver of the Yerkes estate ap-
pointed BY Judge Ward. of the United States
Circuit Court.
In an AFFIDAVIT Dr. Henry H whitehouse, OF
No 3S East 4ath street. Mrs. Yerkes's physician.
says that worry. annoyance or mental asi-
tation IN connection with her affairs would i'll
his opinion. be attended by the most serious
consequences So the presence Of the detec-
tives in her home is kept from Mrs, Yerkes-
James Russell SoIey. counsel for Mrs. Yerkes
said Yesterday. in his argument before Judge
Ward against the motion OF the Underground
Electric Railways OF London Limited TO make
the receivership permanent. that the detectives
had forced their way into the Yerkes home and
had remained there against the protests "f
members Of the household
Tho serious Illness Of Mrs. Yerkes and the
fact that unknown to her. detectives are on
guard in her home were only two developments
Of several that became public yesterday at the
argument the motion for permanent re-
ceivership.
MRS YERKES CLAIMS ART GALLERY
Mr. Soley following William p. Hornblower
who argued against the motion for the receiver
ship. asserted that Mrs. YerHes had become the
sole owner Of the famous art collection made
by her husband. and valued at more than
81 900 UOO. under bills Of sale given by MI
Yerkes TO her. the last OF these being dated In
1897. Mr.. Yerkes provided in his will that
corporation should be formed to take over the
iYaFviN iNl
Paul p. Cravath senior counsel for the Lon
don Underground Company. which Is a creditor
Of the Yerkes estate to the extent OF about
$500 600 charged in court that Mrs. Yerkes and
a lawyer had forced open her husbands safe In
his home while he still aliv" and took from
II the bill Of sale for the art collection That
bill Of sale Was secured by Mrs Yerkes and Mr..
knight breaking into Mr. Yerkes's safe before
he died" asserted Mr Cravath.
Clarence A. Knight Of Chicago. who drew Mr..
Ye-kes's will jumped to his feet, but before he
could speak Mr. Cravath corrected himself. and
said that it was another lawyer and not Mr.
knight who had helped open the safe. MIR
knight notified. II explained that
the bill of sale had been made BY Mr Yerkes in
an emergenCy and not intended for Mrs.
Yerkes
II Mrs Yerkes should prove her ownership to
the art objects collected by her husband. which
include canvases by the foremost masters. rare
tapestries and statuary. It would remove from
the srasp of the creditors important asset.
RIGHT TO OCCUPY HOUSE.
There was some question as 10 the right "
Mrs. Yerkes to occupy the Fifth avenue house.
and Mr.. Soley. in his argument. said that il
she had not been III the detectives would have
forced her out. He said that the petition for
| the receivership verified bv the assistant
secretary Of a foreign corporation. and
based entirely on information and belief
one Of the complaints Of the London com
pany was that Mrs. Yerkes had permitted the
property OF the estate to deteriorate. The pro
ceedings, far Mrs. Yerkes concerned.
said her counsel. had been entirely ex parte
Nobody he said ever disputed the pos
session Of Mrs Yerkes. M Owsley. the exec
utor. never protested Here she is living in an
orderly household. and order is issued on
information and belief directing Mrs. Yerl>es to
turn over the property to a temporary receiver.
The detectives stole their way into the area
way door. made their way upstairs despite the
protests OF members Of the household and
opened the front door for a number OF other
men. including lawyer These detectives
to remain there day and night. 1t ie the most
xtraordinary proceeding ever taken
order issued by federal court"
Judge Ward refused to order the withdrawal
Of the detectives from the Yerkcs house. A
ference Of the lawyers with the same object
failed Of the purpose and the detectives continue
In charge. The counsel for Mrs. Yerkes urged
her three and a half years occupancy Of the
house as basis OF right to the property.
QUESTION OF JURISDICTION.
Mir Hornblover argued al length that the fed
eral courts had no Jurisdiction in a proceeding
Of this character: that there precedence
bv onv court state or federal. for the appoint
ment Of A receiver for the estate of a DECEASED
person. and that the proper procedure would
have been an application to the Surrogates'
Court for the appointment there of a tempo
rarv receiver in case there any delay in the
issue OF ancillary letters testamentary-
Mr. Cravath set forth the peculiar and com
rlicated condition OF the estate. and represented
that the creditors could obtain no adequate re-
lief in the Surrogates Court, and noted that
Mrs Yerkes herself had obtained an injunction
IN nreyent the executor. Mr.. Owsley from get
ting ancillary letters testamentary. tempo
rarv receiver. IT was said. could borrow
money for the maintenance OF the property,
which was non-revenue producing. and the
DIV to this was that the house might be rented
and the rent applied to taxes and other eX-
penses OF maintenance
# was denied emphatcaliy that either the
house or the art gallery was being permitted to
deteriorate by neglect but that the best OF
uert care was being taken of the pictures and
works of art as well as the house. and that even
the conservatory was being maintained by Mrs
Yerkes in perfect condition
An affidavit by Miss Mary A. Fitzpatrick. Mrs
Yerkes's private secretary who acted in that
canacftv for Slr Yerkes for the five wears pre-