New-York tribune., 1911-03-17
W|FE'S INCOME TIED UP
Husband Declares She Repudiat-
ed Unusual Agreement.
WAS TO GIVE HALF TO HIM
Charles Harris Phelps Says He
Was Induced to Give Up
Profitable Law Practice.

An extraordinary agreement between man
and wife is tho subject OF an action which
Charles Harris Phelps has brought in the
Supreme Court against his wife Mrs.
Elenor Livingstone Phelps, i'm which he
seeks TO compel the defendant to pay 10
him one-half OF her income from the estate
OF her father. John Augusta, Pell. Mrs.
Phelpss income from this estate is more
than sGS."0 a year Besides tho estate that
is involved in the present litigation, Mrs.
Phelps received from her mother an estate
whose value il estimated AT more than $l,-
nj. 000 She also holds several valuable
parcels Of real estate.
NJ and Mrs. Phelps were married I'm
1873 IN 1857 they separated. but became
reconciled in 1855. when the agreement was
made in London. Mr.. Phelps had been a
we'll known lawyer In New York with a
large professional income. which according
10 the document now in question, he had
abandoned at the request of his wife and
her father that he might travel abroad
with Mrs Phelps for her health
He also had boen put to great expense
in legal proceedings growing ont Of the
fact that his wife had left him. and had
nnSUtNfSSlUIl. ''lfl 10 DlVdN lII' F'lNltHN
Of their son. Harris Livingston Phelps.
Mrs Phelps at the time wa desrous of
returning 10 her husband and efccting a
reconciliation putting an end to all their
litigation then pending in France. England
and the United states.
Mr.. Phelps was willing TO have his wife
back with him. the agreement recites, but
insisted on some provision that would in
sure the safety of their son. 1t was agreed
that he should be reimbursed for all loss
that he had incurred through his marriage.
The agreement also contained these words:
And protect him from peril hereafter"
In view OF these considerations iirs. Phelps
agreed to pay TO her husband. whether
living together or apart. one-nalf Of her
large income The indenture was 10 lapse
in case the husband became bankrupt.
assigned his income or guilty OF a
wiful breach OF the agreement.
For twenty-one years thereafter Nj. and
Mrs. Phelps lived together and the latter
paid the money under the agreement. How
ever. in July 1910, she repudiated the agree
ment and refused TO give her husband any
more money. She also signed a trust deed
giving q part OF her income To- her son.
Mr.. Phelps tried 10 induce the United
States Trust Company. the financial agent.
TO tie up the account OF his wife pending Il
settlement hut the company refused. IN
his suit he made the trust company one OF
the defendants, and his son was also
named He sought Yesterday 10 obtain an
order from Justice Newhurgcr TO restrain
the trust company from paying out his
money from the account Of his wife. tie
also asked for an immediate answer from
his wife Counsel for the defendant asked
An adjournment until Apri l", 10 give time
to communicate with Mrs. Phelps. vino l.
row in Paris
Justice Newhurger issued q restraining
order that prevents INC United States Trust
Ccmpany from paynS ont any ot the
money that Mr.. Phelps claims.