The sun., 1909-06-30
DISPUTEHOWARDPAUL'SW 'SWILL
OLD acton DIED RICH. LEA|-
ING A child ~ LEFTY LIND.

Residue OF His American Estate Of Some
|. $4,000 Let In General Terms for
Bcneft OF Neediew omen or seamen
sister and I'm gilsh Executors Attack
Suit has been begun by sister OF
Howard Paul, the old time actor. play
wright and humorst, who died in England
in 1905 at the age OF 80, to break the will
giving the residue OF his estate in America
to charities which assist poor needle-
women. This property. consisting OF
cash in the Union Trust Company. amounts
to about $40. 900. The executors OF his Eng
lish will which leaves the residue OF the
estate in that country to various chari-
ties, have begun an action Of their own to
set aside the American will and thus OBJ
tain the residue in this country for the
English charities The property in Eng
land amounts to about $25o,0Oo Both
wills have been admitted to probate, one
in England and one in this country. Both
were executed in England.
Henry Howard Paul was born in fhila-
delphia and married Miss Featherston,
contralto singer.
After his wife's death Paul lived with
Lefty Lind OF the Gaiety Theatre, who was
81 years his junior. His relatives declare
that much OF the money he left was earned
by. Lefty Lind. He left large bequest
to his son by her. Horace. now living in
England.
The action brought by the relatives in
this country can,e before Supreme Court
Justice Blanchard yesterday on the appli-
cation OF counsel for the English execu-
tors for an open commission to take the
testimony OF noted lawyers in England
on questions OF chaneery law. Justice
Blanchard denied the application Tor the
open commission when the counsel for
the American plaintiff refused TO consent
to It, and closed commission. which can
use only interrogatories prepared In ad-
vance. will be applied for
The plaintiff In the action brought here
10 Isabella NJ. Maniey OF Brooklyn, Sis
ter OF the deoedsnt. She names as CO.
defendants her sister. Maria Louisa
Oyerman S 1850 Arch street. Philadel-
r,hiae and Io,,is B. Gore. the son Of a
deceased sister, Mrs. Sarah Gore OF
Philadelphia. The other defendants are
Albert A. Gilmer and Francis B. Newton
of London. executors Of the English will.
and the two executors of the American
will The Attorney General of this State
ia a oodefendant. While named as de-
fendsp,s Mrs Oyerman aud Gore, who
are the only other next Of kin. really join
in the action
Tha oomplaint states that the Ameri-
can " IN makes the FOLLOWING ILLEGAL slis-.
ne,sition;
The s,,n, remaining devise To M esecu-
tors. 10 divide the surplus among such
American charities as they think well of,
and 4 would like these sums given N any
charity that assists poor needlewomen
tsean,str essesD whose toll 10 70 poorly re-
Quilted. II no .uch organization exists
the money Is TO be DIVIDED for the benefit
of incapacitated seamen and tAe'r families
The plaintiff declares that this be1ueet
is too uncertain and indefinite and that
IL renders impracticable the administra-
ton Of any trust connected with 1t. 1t
is also declared TO be Illegal and void
under the English law, and the plaintiff
asks that the decedent be regarded as
having died intestate and tbat he re-
siduary estate be divided among the
next of kin, The complaint declares
that Paul left no widow or lawful descend
ants and that the only next OF kin are
the two sisters and the nephew.
The suit is based on the additional
ground that Paul's amanuensis, Mrs
Christy. lceatee under the English will
and a witness Of the American will. was
not credible or disinterested witness.
Attached to the complaint is tho English
will, which after leaving the ocquest 10
Mrs. Christy says:
I give TO my natural son this mother is
Lefty Lind. the actress. Of stanhope street.
Hyde Park Gardens,. Horace Howard. or
Lind. or whatever name ne onoossS. Ea.soo
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Inc Ies'oue " Wv. GO ~ ,...;s.s
amounting 70 su. H'o 9. o,,ss,.
among inc m m I-, .s:.,, ~ IL,
mission 10 e,. H' .n r 70 ', @s n.
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cie'S. tne o.. 49,. 1880. pSi:.,
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