The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-23
WANTS MORE OF moss ESTATE
GRANDSON AskS FOR Z SEVENTH
INSTEAD OF 4 TWELFTH.


UAm Wade q VIII 70 Vuet theet- hr
and isis Brother we're Brought tp in
the Theatrical Managers Home.
A complaint was fled In the County
Clerks Office yesterday In a suit brought
In behalf Of Beverly ksator, 10 years old.
q grandson of Mrs. Theodore Moss. 70
establish hia right to one-seventh Of the
estate Of Mrs. Moss. said to amount to
more than - .oOO.oOo. Beverly Realtors
brothsr. Randall. also has a claim 20 one
seventh OF The astate. but he 10 made ono
81 the defendants. The complaint alleges
that a will which Mrs Moss said she had
made leaving the ksator boys share
Of her estate equal to that OF her own
children was sither lost or destroyed
after Ms. MOSES death and has never
been found.
John X. Keator. father OF the two boys.
sues "a guardian ad Item for his con.
Mr.. Keator lives at sOis Twenty -second
avenue. Brooklyn. and the complaint
says that the son lives in Montciair. The
defendants are: Royal +. Sioss. admins
traitor OF the Moss estate. Who IL son.
and Florence Cecil Gilbert. OctAvia Earle
and Mignon Gwsndolyu Brand. daughters
Of Mrs Moss. and Mildred Hays Tuttie
and Ethel Have. daughters Of de-
ceased daughter.
The complaint says that the mother OF
tho boys wss Emily 4. Moss. who died In
1874. Theodore Moss died in 1904 and his
wife. Ootavia. on january Is Last. ksator
alleges that after his wifes death Mr.. and
Mrs, Moss entered into an agreement With
him To take the two boys. who we're then
| infants, into their own homo and bring
! them up az their own children and 20
| leave them a share OF their estate equal
! to that OF their own children. The plain
! IN says that his children did remain With
their grandmother until after her death.
/ k"aior says that In 1898 he commenced
; proceedings to compel Mr.. and Mn.
!. Moss to give up their grandchildren
and III these proceedings both Mr.. and
Mrs Moss testified that they had made
their wills according 10 the agreement.
making the keator Children equal heirs
To the estate with their own children
On the strength NJ this testimony the
plaintiff says the Court awarded the Gus
| todv { the children To their grand
| parents
The plaintiff SAYS that ROYAL r Mos
a. administrator. and the other defend
ants with the exception Of Randall keator.
| contend hat his children are entitled
only 10 their mothers share Of the estate.
or one twelfth each. He say. that 'he
estate Consists OF 'h'rtsen year ,caS'
on Wallack's Theatre with the privilege
Of renewal for twenty -hv" years. the
property AT So. Madison avenue. house
! at Seabright. y. J three houses and lots
in East ThiTii.th street and twenty ri 4
acres Of land AZ Jerome avenue and i15th
street The Bronx
Tn. papers on file in the proceedings
brought by keator IN 80; show that MIR
and Mrs Moss took the children IN re-
spons- Ia a deathbed request made nv
their daug hter. keator married the
divorced wife of Thomas T. Irimmins
several years later and then began 10
demand the custody 81 the children.
Mr. and Mrs Moss testified that they
had mad. their wills To give the chill
dren an equal share" whsle Keaior saih
he had his life insured for $50 900 in their
favor Mr. Moss alleged that keator
was iEsolv-nt and was not able To care
for the children properly