The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-07-27
EACH PARENT HAS
LITTLE GIRL FOR
SIX MONTHS
Decision This Morning in Esta-
brook Case
MUST REMAIN IN THIS STATE
Father Responsible for Expense Of
Daughters Education and Care
During Entire Year

Judge h. l.. Waterman has made
decision in the habeas corpus proceed
ings of Estabrook VS.. Estabrook by
which each parent is to be given the
custody of the little child, Leonora,
for six months of the year. The order
of the court provides that the father
snall be responsible for the expense
in the education and care of the little
girl at all times and that the daughter
can not be taken out of the state be-
yond the jurisdiction of the court by
either parent.
Mrs. Estabrook will be given the
custody of the little girl August l and
the child will remain in her posses
sion until February /, 1910.
The hearing in the proceedings,
which have been before the court for
over two months was heldat the Office
of o. NJ. Barber this morning The
attorneys, Mr.. Barber and w. j.
Meagher for the petitionee and Chas.
A. Maurer and j. X. Batchelder for
the petitioner, Mr.. and Mrs Esta-
brook, the little girl. Mrs Nora Heck
err an aunt of Mrs. Estabrook and her
husband of Baltimore were in atten-
dance.
The hearing occupied something
over an hour and at its conclusion
Judge Waterman announced his de
cision and outlined the facts to be in
corporated in the order to be drawn
The decision is disappointment to
the petitioner as she had hoped that
she would be allowed to take the little
girl to Baltimore where it was her in
tention to make her home with her
great uncle, Willard s. Barton who
has provided tne means with which to
prosecute the suit.
The case is one that has been lib
orally discussed in this community
since Mr.. and Mrs. Estabrook separat-
ed in Troy. Additional interest was
added by the sensational attempt to
kidnap the child on the street after
the little one had been brought to this
village by the father and tne mother
had obtained a decree of separation
and the child's custody by the New
York courts. The failure to carry the
child across the New York state line
in an automobile with the assis-
lance of two Albany detectives crea-
ted additional interest which was fur
tier increased by several days hear
ing before Judge Waterman at Man
chester where a large number of wit
nesses were used and letters of spi-
cy nature were introduced by attor-
neys for both parties to show that
the other parent was not fitted to care
for the child
1t has been Judge Waterman's hope
that the couple would settle their diff
%, ho Of,
establish a new home This Mrs. rs
tabrook has stated her willingness TO
do, but the child's father has stead
lastly refused to agree to any com
promise of that nature
An order was prepared by the attor-
neys but 1t was not ready for Judge
Waterman signature at the time he
was obliged to leave on the afternoon
train. 1t will be sent to him at once
for approval and signature
The bearing on this cause having
been set for the 18th day OF May, 1909
at the court house in the City of Rut-
land it was continued until the first
Tuesday in June, 1909 to the court
house at Manchester in the County of
Bennington and the hearing being fur
Their continued until the 18th day of
June, 1909, on said day hearing was
had at said court house both the pc
titioner and petitionee being present
and both introducing witnesses to sup
port their separate contentious, and
upon completion of the evidence the
cause was held open for the consider
alton of the court and for its final de-
cision until this 9th day of July 1909.
And now on t1is day having met
the respective parties and taeir attor-
neys at the Office of o. NJ. Barber in
the village of Bennington and having
considered the same it is ordered that
the petitioner, Nellie Estabrook have
the care and custody of the minor
child named in the petition, Lenora
Estabrook, during the period of six
months commencing on the LIST day of
August, 1909 and that tne said pet
itionee, Benjamin Estabrook have the
care and custody of said minor child.
Lenora Estabrook for the months
commencing February LIST, 1910 and
! that thereafter each of the said par-
ties have the care and custody of said
Lenora for months each alternately
until further order of this court.
1T is further ordered that neither
party shall take or remove said minor
child Lenora, or cause or allow her
to be taken or removed from out of
the state of Vermont while he or she
has the care and custody of her.
1T is further ordered that neither
the petitioner or the petitionee shall
say or do anything to or in the pres
ence of the child or allow or permit
anyone else while she is in his or fler
care or custody to say or do anything
that shall cast reproach upon the
other party or lead the child to feel
! any disrespect for either party.
1T is further ordered that while one
party has the care and custody of the
child the other party may see the
child at any reasonable time at the
place where it lives or at any other
place that the parties or their coun-
sci may mutually agree and shall not
be molested or placed under any es-
pionage while so seeing it.
1T is further ordered that while the
child is in the care OF custody of