New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-04-15
Wife SAYS She Signed Over Half
of Her Income to Him as a
Result of OureSS.
ASKS COURT TO SET 1T ASIDE
Charges Husband with Buying a
House and Stable in Paris
and Property IN New York
with Her Money.

,rgston Phelps says her husband. Charles
Harris Phelps. practsed on her whereby
No induced his wife 10 sign over to him
half Of her income pf $4,000. According
N the wife. the fear at heart and the
mental agony over the threatened TAX
ing away Of her child were the forms of
duress that caused her TO sign the agree
rent with her husband. and which now
she is seeking to have set aside by the
courts
Phelps was a lawyer in this city be-
fore he married Miss Eleanor Livingston
Pen in 1878 She was the daughter of
John Augustus Pell. from whose estate
she obtained the income that she says
has supported herself and her husband
and son since the death of Mr.. Pell. The
remarkable agreement between the wife
and husband was made in London. BY
jis terms Mrs. Phelps was TO allow her
husband half Of her annual income for
life unless he should assign the income
10 another person or should become
bankrupt. The child was TO be in the
custody Of the father. and in case the
mother took the boy without permission
she was to pay her husband 500 day
for each day after Phelps had made de
mand on her for the boy. II was further
agreed that in case there, arose any dis
rute over the agreement the Attorney
General Of England or the Attorney
General Of New York State should he
asked 10 select a lawyer OF thirty years
standing to act as arbitrator.
Husband and Wife at Law.
From the time the indenture was
scaled until July Phelps received
regularly from the United states Trust
Company. financial trustee of Mrs
Phelpss estate. the income allowed by
the agreement. Last July Mrs Phelps
had the payments stopped and Phelps
began an action in the Supreme Court
n compel his wife to carry out the terms
of the indenture signed in London. He
regan by obtaining a temporary injunc-
ton restraining the United States Trust
Company from paying to his wife any
rart Of the money that he claimed he was
entitled 70. He also made his son a party
defendant 20 the suit. Yesterday Phelps
made a motion in court to make the in
junction permanent. and at the same
time Mrs PHELPS filed her answer to the
sClt.
The answer Of the wife is a document
fYl of pathos and expressions indicative
# long mental and physical suffering
endured 10y a mother for the sake Of her
,lid. and she was in that condition says
Mrs. Phelps. when she consented TO the
terms Of her husband The signing OF
tie agreement was not a voluntary or
vulirg act. Mrs Phelps goes further
tr6 saws that not only did she sign over
e. Phelns half Of her income but that
she gave IL all to him while from the
r-rrifcont sum he allowed her only Sl2
week Phelps said in his complaint
that 10 gave up his law practice al the
lebsst of his wife and father-in-law so
that ho could accompany mis- wife abroad.
Bis wife says that at no time in their
married life did he evince a desire to
follow his profession, and that he never
supported her.
Gave Two Powers Of Attorney
Mrs Phelps invested her husband with
Two powers Of attorney. each beng
vrung from her she AYERS. by fraudu-
lent representations and duress When
fhe couple were married Mrs. Phelps
was twenty wears old. and Phelps was
twelve Years her senior and she says IN
ler answer. At the time Of our mar
risge he obtained 10y reason Of his strong
win and domineerng and masterful dls-
ncsitior and character complete controi
orar the defendant and dominated her IN
every act and ohteined undue influence
over hor so that her viii Was suhJecteu
- hie ..,,. lie was harsh. cruel ana
cold"
Mrs phelrs saws tnat in 1884 he MADE
Some fsisc accusations against her. ana
she wen, 10 her parents, in southern
Franc sh and her husband being IN
london Her father soon after sunered
stroke Of paralysis. whereupon' she
tsrs Pbelre cot back in her good graces
snd induced her 10 come 20 New YORK
and ssk for = committee for her father.
PHELPS placed their child with family
In England. and when his wife returned
70 London he restrained her from getting
tn CUSTODY of the child lie even re-
fused n ten where the hoy was. lie was
lawyer. shrewd and astute." says the
wife, and i'm explaining how he com
pel.ed her 10 submit TO his terms as the
price for the child she adds:
N was under the compU'sion "i sald
conditions that. the defendant beng al
That time worried and sick with trouoIe
and unhappiness, her child hid from her
and her heart and mentality "rung
beyond amy possible resistance she
Sgned this paper. The same WAS ho'
her willing act II was obtained from
ner by fraud. chicanery. undue duress
and wickedness"
Airs Phelps goes on 10 say that PhelpS
WIN the money she allowed him mas
ooueht house and stable IN Paris ior
NH'rD. and also has bought the prop
efty In this city at No. 912 TO 9ls Broad
way in each instance taking one-haH
u'le IN his name. She says that she had
!wels worth $3O,OO0 which her husband
mad In his possession. allowing her to
nave them only when she wanted 10