New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-03-29
BANCROFT GETS DECREE
Delaware Court Rules Max
HeibIer Not His Son.
HUSBAND WINS EVERY POINT
Wife, Daughter of Alfred I. Du
Point, Filed Counter Suit,
Which May Be Dropped.
fRv Telegranh 20 TIE Tribune

tBy Telegraph 20 The Tribune
Wilmington. Del March 8-In the New
Castle County Superior Court late this
afternoon John Bancroft, tr.. obtained
divorce from his wife. Madeleine Du Pont
Bancroft. The male infant whose paternity
Bancroft disowned and whom he named
Max Heibler. ir. in making the child a CO.
defendant in the suit, is declared to be
liegitimate The young husband wins his
case on every point
The decision of the court was brief. At
ter a two-line preface il was as follows:
After a very careful, thoroush and Sc
ricus examination and consideration or the
arguments. the evide nee and the law We
have reached the following concius'ons'
viz
THAT a decree nisi should be entered
divorcng the plaintiff and defendant wife
from the bonds Of matrimony heretofore
existing between them. The court are sat
lshed that the cause for divorce was shown
6y tSa P paTt Of fS the % @
2-Ihat the exclusive custody and control
Of the child John Bancroft ,this is tOu H.
year-od John Bancroft, 3D., should De
awarded to tie plaintiff.
THAT a decree should he entered estao-
fishing the illegitimacy Of Max HELPER, u
the infant defendant. In reaching ms co.'s
clusion we nave not regaruea IIe ~ 20
or Max Heibler. which were received III
evidence, 10 he thereafter considered or dls-
regarded by the court In arriving at Inelf
judgment.
T. Ravard Heisel Of Wilmington, attor-
ney for the young wife. obtained an
execution TO the decision by the court. HIS
purpose was 10 furnish grounds Tor an aP,
peal TO the State Supreme Court. Ihis IS
unlikely, however, in view of the fact that
Il is doubtful whether an appeal can be
taken in any case until after final decree
shall have been entered In this action a
decree ntsi was allowed. This is prelimi-
nary in it's nature Under the Delaware
laws a final divorce decree cannot be gwen
until the expiration of year from the
granting of a decree nisl The contem-
plated appeal constitutes a point or la"
that the Superior Court will probably be
called upon to decide. The matter VIII
come up In few days
Neither the plaintiff nor the defendant
nor any members Of their families was IN
court when the decision was handed down.
II was expected the court would dwell at
length on the sensational evidence given at
the hearing. This was not done.
John Bancroft. who is now twenty-five
wears old. is the only son Of John Ban
croft, secretary of the Joseph Bancroft q;
Sons Company. or Wilmington, extensive
textile manufacturers. The wife, who is
twenty-three years of age, is the eldest
daughter Of Alfred l. du Pont, vice-presl-
dent Of the Du Pont Powder Company and
a man of millions. There was no lack OF
funds in the prosecution and defence Of the
case.
When the husband brought his suit last
fall. making the wife defendant and the al
legged Legitimate male infant-the child
was born April 10 last-a co-defendant, II
was followed by the wife filing counter
suit for divorce. likewise on statutory
grounds The case decided to-day was that
OF the husband; whether the young wife
will press her counter suit has not been
announced II is doubtful, however, that
she will bring her counter action to trial
in view of the pronounced finding Of the
court against her
In his action the husband named Max
Heibler, Of Munich. Germany, a friend OF
his wife and himself. as correspondent.
The wife in her counter suit named four
women Of Munich The German city was
the scene Of the msdongs, the couple hav-
Ing resided there for several years.