New-York tribune., 1911-01-05
FORTUNE GOES TO PARIS
Justice Greenbaum Makes De-
Cision in Hart Will Case.
AMERICAN LEFT S2,000,000
Ruling Favors Nine. de Bic, Mis-
tress of Aged Mans Home
in French Capital.

BENJAMIN Hart who began life a. pack
pedler. became gold broker In the CIVIL
War. and died in Paris in 1898. after life
OF luxury in the French capital, leaving
a fortune Of approximately 100000. was
70 all intents and purposes resident OF
New york. and his will is 70 be 40 con-
strued. according 70 a decision given by
Justice Greenbaum yesteray in the proceed
ing brought for the judicial construction OF
harts will.
The decision Is Il victory for Nine. Ga
hrieIIa de Rle. whom Hart installed as the
mistress OF his fine home I'm Paris and TO
whom ne left a large part 81 his estate,
and II Is a blow To the contentious OF Nine.
Isabella Josephine Luchessi Guiliemin' inc
adontad daughter OF Hart. and the wife
OF Jean 4. Gullemin, member OF the
French diplomatic corps. and recently MIN
tste- N Peru. Mrs Estele Kitty Hart
from, whom Hart obtained a divorce in
1853. also is a icser by the decision. because
Justice Cireenbaum upheld the validity OF
the divorce. which Mrs Hart contested.
The contention of Nine. Guillemin was
that she was entitled 10 a large share OF
the estate II the property was 70 be dis
tributed according to the laws Of France
in which country she said Hart was legally
domiciled. II was alleged that Hart, an old
man. was ike a child in the hands Of Nine.
dc P,e. 10 whom he left large annuity, be
sides his house, in the Rue Galilee. with It's
rich furnishings. Since the death OF Hart
Nine. Dc Bic has become the wife OF LOUIS
Forest. q French playwright.
But testimony was also introduced IN tne
case 70 show that Hart had become emnlt-
t,red toward his adopted daughter. VINO
Wa Of Italian parentaEe II was said That
Hart had considered her unerateful
Justice Greonbaum said that the nrinci-
naI point al issue was whether Hart con
sldered himself resident Of New YORK or
Of Paris. and much testimony was offered
70 rrove the ca SO both vavs. As 70 Hart :
honest intentions IN this regard. the court
saiJ there was much conflicting testimony
and the declara tions were not satisfactory
1'he alleged influence over tho ola man the
court decided had rothing 10 do with the
question If residence. while statements
we're made by Hart said Justice Green
baum. that were "repiete with love for his
native country and loyalty 70 it's laws
Justice
NJ Hart from the time Of his birth in 1854
in Lynchburg va. He said his parents
brought him 10 New York In 1873. and that
his father died in 1862 and his mother in
IS7S. After he had made his fortune Hart
home was az No. us Madison avenue. From
1889 TO 1854 he spent much Of his time at
the Manhattan club, OF which he became
a life member. He made freduent trips 10
Europe.
The court said that it was in 1892 that ne
built his home in Paris He was one OF the
leading members OF the American colony
in Paris. was president Of the American
club. and nearly all his friends We're
Americans. Also. Il was told that Hart
had expressed wish 10 be buried IN the
- Gerruain Cemeterv. because 50 many
Americans were buried there. His invest
rrerts were IN the United states, for which
the United States Trust Company was the
trustee. The proceeding for the construc-
ton Of the will was instituted by that
company.
Hart adopted isabella Luchessi IN Ne"
York in ,Sg2 When she married GuilIemin
IN Paris. in 1874. Hart executed trust
agreement whereby she was 10 receive the
interest until Harts death, when she vas
IN receive the principal. This Nine. Gull
lernin has received. Hart gave the money
to help the diplomatic career Of Guillemin.
After tho marriage Harts feelings toward
mis- adopted daughter seemed % change
and he was quoted as saying that she was
irspirad solely by cupidty. The acqualnt-
ance with Nine. De Bic began in 1895
Justice Greenbaum recounted many acts
n Hart from 1856 to 1904 the year ot his
Ias- visit 10 this country. to show that the
,.,.stor considered himself an American.