The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-05
Will c on tie S is De-
feated by Decision of
New York Court.
NINE. DE Bic is
EXONERATED
Battle for Wealth of Former
Richmond Man, Who Got His
Start by Selling Old Clothes
in Virginia, Has Attracted
Attention on Two
Continents.
Especial TO The Times-pispatch. ]

Especial to The Times Dispatchl
New York, January i.-Supreme
Court Justice Greenbaum handed down
his decision to-day in the contest over
the will of Benjamin Hart. lie holds
broker. although he died in Paris. never
gave up his domicile in New York City,
and that his will must he construed
under New York State rather than
French Law. This prevents the docu-
rnent from being attacked as contrary
TO the laws OF France. Justice Green
baum also knocks out the claim of Es-
telle Kitty Hart. whom Hart divorced In
1883. BY finding that Harris decree
against her is entirely legal
Besides Esteile Kitty Hart, the other
contestant was Gabrielle Josephine
Lucchesi Isabel Hart Guellcmin. adopt
ed daughter OF Hart ana wife OF IN.
French minister 10 Peru. who was cut
off without cent
Nephew Gets $1,000. 900
The bcneticiaries OF the will arc
Michael Hart. a nephew who lives al,
the New York Athletic Club, and Nine
Gabrielle De Bic. 20 Rue Galilee. Paris.
The nephew receives - rcsiduary estate
Of more than $1,000, 600. and Nine. be
Bic receives Harris Paris mansion.
$4,000 outright, and an annuity OF
$1,000 a year.
Hart left considerable realty in en-
cago and Paris. Ills New York prop
erty consisted OF stocks and bonds on
deposit with the United States Trus,
company, which he named as executor
Of his will
The contest over Harris Will has In
vowed leading counsel on both SIDES
OF the Atlantic. In tho trial before
justice Greenbaum noted French coun-
sci were present TO explain the French,
law.
Ir his decision Justice Greenbau,,
fehearses the story of Harris life. He
was born in 1897 in Lynchbure. va. !:
moved with his parents TO Richmond III
Iso2, and came 10 New York in IS5.
Ills father died In 1862 and his mother
IN 1878 He made the greater part OF
MS fortune as gold broker in New
ork during the Civil War. He had
- ,',l start as an oid-clothes man
IN virginia He took trips to E.urona
after 1859, and from 1854 to Nav J.,
isoS, when he died. he spent most ot
ms time In Paris. He was a pronf
nent member of the American colony
IN Paris and president of the Americas
Club ie'i
On May IS, 1892, he adopted Gabrielle
IAN Id, parents. and called her Isabel Har,
She married Jean Gueliemin. of Inc
rrench diplomatic service, and at me
time Hart set aside TO her fund NJ
S4oo,ooo. of which she was 10 receive
me income until his death and the nrin-
clpai wnen he should die This amour,
has been paid her
Deeply Imbittered.
justice Grecnbaum finds that sbor,,
AFTER the marriage Hart "becane decp-
~ imbittered towards his adopted
daughter and regarded her as an in
CRATE and Inspired by cupldity. and lie
frequently characterized her and hcr
tusoand as cormorants."
Nine. De Bic. whom Nine. GuallemIn
accused OF having exercised undue In
nuence over Hart. came into his lire.
justice Greenbaum finds. in 1896. ana
ne installed her as the mistress of HI.
mouse. and she received many bounties
at his hands and receives substantial
requests and devises under his viii.
Justice Greenbaum absolves Nine. De
Bic from any undue influence
Justice Greenpaum holds that tbs
testimony of Nine. Guellemin and her
witnesses that Hart had given un his
American domicile is outweIghed bv
documentary evidence and other facts.
Hart. the records show. voted in 1S7s
from No. lis Madison Avenue Nav
York.