New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-17

SINGER COMING TO SUE
Action Forecast by Filing Of
Prenuptial Agreement in
the Office of
Register.

| hesitated in Paris a moment before
signing the pre-nuptiaI agreement on
| May 81 were made clear when the now
! famous parchment was filed IN the Of
| flee of the Register in this city shortly
| before l p m. yesterday. Following
Cavalierf's psychologically timed caress
/ Chanler made over to the singer every
thing he possessed except his clothes,
and these. according TO his Fifth avenue
tailor. who has brought suit, did not be
long to the artist anyway
Chanler by the pre-nuptiaI agreement,
delegated to Cavalieri power Of attorney
to act during his life in his behalf
The property given away consists Of
three farms in Duchess County. valued
at S1J0,o0O, encum bered only by d
mortgage of 5000; thirty pieces of New
York City property. valued at $500, 900
encumbered by mortgage of $4,000,
and there is also stipula ton that
Cavalier shall receive an allowance of
$50. 600 year payable in four equal in
stalments.
The contract was fled by King & Os
born. lawyers representing Cavalieri, at
No. i65 Broadway. upon receipt of in
structions from her yesterday. The
transfer is sworn to before Hanson c.
Coke, Deputy Consul Of the United
States at Paris. and both signers &C
krowledge that the property laws of the
State of New York shall govern.
". Russell Osborn. Cavalieri's coun-
sci said Where real estate is af-
fected II is customary to file tnstru
ments." And that was all that he would
say.
Cavslieri is expected to reach New
York at an early date when II is be
lieved she will bring suit in an attempt
TO realize on her parchment.
Chanler's Debts Will Be Paid
Chanler has debts aggregating. II is
said. $4,000 to $4,000. The fling Of
the CavaIferi agreement is with the idea,
Of interposing her claim. Edward e
Perkins. ChanIer's lawyer al Pough-
keepsie. takes the position that the ar
fist will not De permitted 70 be generous
until he has been just, and that there
fore the creditors made in the ante
nuptial DAYS viii get first show.
In this event. IT is pointed out that
CavaIiert will sing for her share for a.
long time.
The text Of the agreement follows.
This indenture made the 31st day Of May,
1910 between Robert Winthrop Chanier OF
the State OF New York. United States Of
America, now temporarily sojournlng a.
the Grand Hotel. Paris. in the Republic OF
France OF the enc part. hereinafter called
the party Of the first part and Natalina.
commonly called Lima, Cavalier, splnster,
an Italian subject. Of 80 Avenue de MeSsine,
Paris. in the Republic of France. Of the
other part. hereinafter referred to as the
party of the second part: Whereas d mar
rage ie a -o11t to he soIernnized between
the parties hereto: and, whereas, q doubt
might exist owing 10 their different nation
alities as TO the law governing t9ed n mutual
property rights in the absence Of final st1p-
uiation. and il is desirable TO remove any
such doubt,
And whereas upon the treaty for the
said intended marriage Il was agreed that
the party Of the first part should make
such provision for the party of the second
part as is hereinafter contained
Now this indenture vitnesseth that the
party of the first part and the party of the
this instrument and TO the end Of giving
effect TO the same and for all other pur-
poses. hereby declare II to be their inten-
ton and agree that the property of each
1re and of whatsoever nature and where
soever situated, shall remain the separate
nropprtv and under the sole control Of each
Of them. and Furthermore. that their NUT
ual property rights and their status and
capacity generally shall from and after
the celebra ton of the said intended mar
riag a be governed by the laws of the State
Of New York, AFORESAID
Property Involved in Agreement.
And this indentllre witnesseth that in
oE sail
bbehsif and in consideration of the said in
tended marriage and OF the sum or Il 70
partv OF the second part paid. the receipt |
whereof is hereby confessed and acknowl- |
edged. the party OF the hrst part hath
granted. hargained. sold. and by these |
presents doth grant, bargain and sell unto /
the said party Of the second part, her
heirs. executors. administrators and as
4I those three farms. known respectively |
as cole farm. Choweu farm and Benna /
farm situate in the township OF Red HOOK; |
Duchess County. Of an approximate area
oe q50 acres or Whereabouts. subject TO
mortgage of 5000 or Whereabouts, and
Al tfia+ the land and buildings formerly
mart Of the Cosine farm. situate at New
York. comprising Nos. $50, 3d. oS4' ESQ., 800 |
ai Nos 50 s3i 888 $50. S37 and Ss9 Tenth ave
nH Nos. $50. 49, 864. 3s6. 86s, 80 and So West
''t nos Z S. s65. 5o5. so. 500 and 5l1 West 55th
Nos. Il, Is. 70. 20 49,. 4sl2 and 471a north |
side 55th street. between Ninth and Tenth
avenues; ..
Of the share of the above-named Robert |
Winthrop ChanIar of and in the estate or
The late Mrs Laura DeIano. subject TO a /
mortgage of $40. 900, or whereabouts. And |
all his right title and interest therein. but |
subject TO the mortgage thereon. To have
and to hold the said tenements and heredf- |
+amenfs with their appurtanances unto |
and TO the use Of the said party OF the !
second part her heirs, executors. admins
traitors and assigns absolutely 10 such |
uses and purposes as are hereinafter men |
For the use and benefit of the said party |
of the second part until her said intended
ma rriage shall take place. and from and |
after the soIemnization thereof for her |
sole and separate use absolutely.
And this fndenture also witnesseth that
-, further pursuance of the said agree |
y11eyt in this behalf. and for the considera- |
ton hereinbefore referred to, the party or
20 me party Of the second part the yearly /
SIM, of $20Oo0 during her life. by four quar- |
ss,j1. iastaInlents Of $500 each. the first !
IS which shall be paid within thirty days
Fco,,, the celebration Of the said intended |
-,,arrfa &c The next three months later. and /
so on every three months. all payments 10 /
he free from income or other taxes which |
10, be pavable according to the laws OF
ne state of New York aforesaid, or other
wise.
Gives Wife Power of Attorney.
And for the purposes of securing the
nsvnent of the said yearly sum OF 10000, |
and only for such purpose, the said party |
~ the first part doth hereby make. con- |