Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1910-07-07
WANTS CUSTODY
OF SONS BODY
Mrs. de Fesetics Takes Action in Court of Chancsry to
Have Corpse Removed From Painfied Cemetery
ALSO Objects to the Casket

Contending that the award to her
OF the custody of her son during his
lifetime is good ground for her claim
to the possession of his body now
that he is dead, Mrs. Elsie de Fes-
tetics, of No. 214 West Eighty-sec-
ond street, Manhattan, has begun
suit in the Court of Chancery in
New Jersey for an injunction to re-
strain her husband, Gyula de Fes-
tetfcs, from removing their sons
body from vault in Hillside ceme-
terry, Plainfield, until ownership Of
1t shall have been established by a
decree Of the court. Vice-Chancellor
Garrison, of Jersey City, has issued
an order directing the husband and
the Hillside Cemetery Association to
show cause before him why such an
injunction should not be Issued.
Mrs. de Festetics alleges that she
Is willing that the body be placed In
any vault within fifty miles of New
York, but she insists that her con-
sent be obtained as to the deposit
tory. She also asks that her hus-
band be restrained from placing the
body In a metallic casket, and that
she be allowed to visit the vault
noyance from her husband
Married by Bishop Odenheimer, of
New Jersey, in June, 1875, Mr.. and
Mrs. de Festetics have been more or
less in the public eye since their
separation, In September, 1900. The
immediate cause was an assault up
on his wife by de Festetics. He was
found guilty In Special Sessions and
sentenced to one years imprison-
ment and a fine of $500. but at his
wife's solicitation sentence was sus-
pended. Articles of separation were
drawn up and Mrs. de Festetics re-
ceived the custody of her daughter,
Miss Elsie, and her son, who was
christened Dwight L. H. de Festet-
les, but who was known as Gyula,
Charlie, frankie and Arthur. To in
innate friends de Festetics was
known as Count" but he never
used the title since coming to this
country.
The boy remained with his mother
until May of the following year,
when he went away with his father,
the latter promising to return him
the next day. Mrs. de Festetics says
she did not see her son again until
September, when, informed by Judge
OIcott, of New York, that the child
was seriously Ill in Philadelphia, she
went there and brought him back to
New York with her. She held him
until the following March, when her
husband began habeas corpus pro-
ceedings in the New York Supreme
Court to obtain possession of the
boy. He acquired certain rights OF
visitation, but was warned not to
take the boy out of the state. March
20, 1905, the boy again disappeared
and early the next year his father
was found guilty of contempt of
court From that time the father
held his son until the latter's death.
on June Ia.
Soon after the father had been
found in contempt of court Mrs. de
Festetics applied to the governor Of
New York for rsquisition papers for
both her son and husband, the lat
ter for kidnapping. Governor Stokes
refused to honor them, and father
and son remained in Perth Amboy
and later In Plainfeld.
Since then, Mrs. de Festetics al
leges, a man has visited her and in
formed her that If she Will with
draw all legal actions now pending
against her husband in New York,
so that he may return here and re-
sumo his business, she will be al
lowed to visit the tomb OF her son.