New-York tribune., 1909-04-22
AGAINST MRS. YERkES
Judge Ward Continues Rece'UerShlp
of Husbands Estate.

Judge Ward of the United States Circuit Court,
handed down decision yesterday continuing lne
temporary receiN ershiD OF the estate OF Chdries l.
Yerkes pending tho outcome of proceedings brought
in Chicago by Mrs Mary Adelaide Nerkes' WHO"
of the late Charles T. Yerkes. against Louis .
Owsley. executor of the estate.
Judge Ward his opinion takes up the claim
OF Mrs. Yelkes the ownership OF the property
No. 864 Fifth avenue where she now Hes Ill ana
says that there is foundation for this clall' as
Mrs Yerkes had waived all rights under the VIII
OF her husband, excepting her DOVER OIL ohe "
life interest in the estate
Judge Ward appointed Harrington Putnam tenn
porary receiver of the estate about TWO "eehS "eo
on the application of the Underground Electric
Railways of London, Limited, which has a GlaiIh
Of $4,000 against the estate William % nun
blower and James Russell Soley opposed mouoh
to make the receivership permanent MI i'Olil .
blower argued that federal court had no Jnr!s-
dicton In the case and Mr.. Soey told OF no" 'ne
temporary receiver had placed detectives VI" e
In Mrs. Yerkess home. Judge Ward says
While proceedings in allowance or IN 9lspties 9 t
the federal courts may appoint receivers Eb lo the
power 2I the - f4e1 fs in cases do think
Is enf9ngd as is meant It is admitted
that the bill of complaint does pray pyor Lo II CON
ains prayer for general relief the C2urt IS Use
petent to give any relief consistent s ferent from
the relief specifically prayed for - ,aoz and moth
ing whatever has been done with referep@ce nee 10 bean @
property this district Large charges AT upon
the main house from 1908. upon the gallery from from
1904 upon the stable from ly,5 ass9e @ saI In June
under a mortgage Of 100000 There is no itts lnSu
anCe on the house its contents Inc ,s3 ~
collection worth 81 100000 are in the pos ~
of not entitled TO tne I0r entitled
read estate nor paving any rem NJ lor collection IT, The
latter might at time be taken ou' VI "
We need not inquire if this is due to the sGPne
ness of the executor or 10 me Inu.La =; i,lterest
and I'll will existing between the parties IN IN fr
The non-administration has continued ior TN Tha
years and likely to continue nuGn I 1nSde of
6is,terested Dartv for the benefit of the credois'
If be done creditor
T. hos no controversy with the estate becausy ~
claim has been presented. proved an diH reseryaton
But il is distinctly interested III w A. nav be
of the fund out OF "li'r" - ''
paid
The proceeding now pending In chicago =
motion To make permanent an injunction pieEei''
ing Mr. Owslev the executor, from taking out e'
tors testanoentary In New York Judge warn s"'7
that if MIR Owsey is permitted to OBTAIN ie.'ei
Ia o.s no reason why the personally should not
10 turned over to him. and he adds that II 'iiiS
nersona1tv is insufficient pay the DEBTS resoi
nav no had to the real estate and that the state
JaU cannot limit the power Of a federal court
As 10 Mrs Yerkes's claim to the Fifth avenue
property the court SAYS:
After his Nerkes's) death she was entitled 10 re-
by her dowry rights, IN p"sSt9SIC.L
for forty days and no longer ana ana ue b deterined
whether she would occupy the premises as = hoiil,
She determined not 10 do so when she elected 10
I SIie uet, inst The UiII After these periods had
passed her possession might be suHIcleIlL - AZ
her claim purchaser If she suhselIshIS ulis . a-i
SeT IN the federal courts against the legal utle.
AS in the case OF the personaty. II t-I9tv Of
Teu York 70 dispose of the realty, this court ts
at present advised will withdraw It's receiver.