The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-28
KERNOCHAN TOLD TO
QUIT LIFE OF LUXURY
Court Denies Plea for $4,000
Allowance From Insane
Aunt's Estate.
MUST GIVE UP TEN CLUBS
Justice COhalan Criticises His
Musical Talent and 'Chances
to Marry Well

Supreme Court Justice Cohalar denied
yesterday the application OF Marshall r.
Kernochan, cousin OF Special Sessions
Judge Frederic Kernochan, for an allow
ance Of $4,000 a year from the estate OF
an Insane aunt His opinion sharply
criticised Kernochan. who is a member OF
twelve clubs. and whose mother Is
wealthy, for seeking TO live luxuriously
on an allowance from the estate OF an
aunt who lost her reason eight years
after he was born and whom he has seen
only once
Justice Cohalan also made pointed COM
ments on the recommendation OF Charles
T.. l.ydecker. the referee, who heard Kerr
nochan's application and suggested an
| allowance OF 5000 to enable Kernochan
to pursue musical studies and to warrant
him In making proposal OF marriage TO
a young woman who Kernochan testified
he thought would accept him.
As result of the courts ruling Ker-
nochan will not only have to stay single.
but resign from ten of his twelve clubs
and give up his automobile unless he gets
financial aid from some other source than
the estate of his insane aunt
| kernochan lives at East Eighty
- W
lam Pollock. who maintains town house
in New York and an elaborate countr,
place at Pittsheld. Mass.
/ Aunt's Income 100000.
His insane aunt is Miss Marie Mar
shall. who was declared incompetent
twenty-five years ago and Is now In the
care OF nurses in Virginia She has an
/ ia Of nh q
an income OF more than $1,000 a year.
In rejecting the report OF Referee
Lydecker Justice Cohalan said that the
referee was not appointed to determine
how much income should be paid Ker-
nochan from Miss Marshal's estate, but
merely to take testimony and report to
the court. Justice Cohalan said:
THE recommendation OF the referee in
no sense meets the approval of the court.
The application Is extraordinary. II
shows young man: years OF age
who has lived an Idle and luxurious life.
now attempting. on the plea that he de-
sires TO further = taste for music. to in
crease his income by obtaining an allow
ance out of his aunt's estate of $4,000 a
year
The petitioner. an only son, was born
into and Is nov surrounded by large
wealth. His mothers estate was summar-
lied on January 1, 1913. at sl,I5i5Si. and
the annual income Is $3.50 In her city
home she has twelve servants employed
and in her country home there are twenty
FIVE.
Mrs. Martha NJ. Wysong. another OF
his aunts, 81 years OF age, and without
Issue. is Possessed OF an estate OF s2525.-
600. producing an income of ISL 900 Upon
attaining his majority the petitioner re-
ceived SOL 900 from the estate OF his
father. A part OF the money was lost in
speculation. but gift OF $50. 000 from his
mother so made up the loss that his estate
Is now practically intact He contributed
nothing To the household expenses and
gets an income of $3.50 "a year"
Gets Little From Music.
Justice Cohalan said that IN 1900 Kerr
nochan took up the study OF musical COM
position both here and In Germany. His
average income from this source has not
been over $40 "A year and he spent s175
advertising his songs and a cautata. He
belongs to the Union. Knlckerbocker
]
ers, Tuxedo. Lenox. Pittsfieid Country
StockbridRe, Tennis and Automobile clubs
He has an automobile and pays his chauf-
feur 500 a month. He has followed no
other occupation than his diversion for
music, The court then says:
''ln brief. this healthy and athletic
young man, from an environment Of lux
ury. wealth and position. decides that since
neither his mother nor his aunt Mrs
Wysong. will give him an allowance. this
court should decree him one from the
estate OF his incompetent aunt, woman
who became insane eight years after his
birth and whom he has never seen but
once, and that time eight years ago.
"He seeks to persuade the court To this
conclusion by the statement that II the
allowance Is not granted he will be COM
PEELED to resign from all his clubs but
the. Union and the Knicker booker: will
be restricted in the entertainment OF his
friends his forms OF recreation viii not
be so expensive as at the present time.
and he will be comp He'd to bandon his
automobile, Another reason Is that with
II there will be reasonable prospect OF his
marriage"
The court referred to the testimony of
Kernochan before the referee to the effect
that II he gets the allowance no will feel
warranted In proposing marriage to some
one. and has reason to believe that he
will he accepted.
Justice Cohalan then said that II Miss
Marshall ever RECEIVERS her sanity she
will be entitled to have her estate turned
over to her undminished. and that 1t Is
possible that she may outlive both OF her
sisters and her nephew.
"The incompetent IL under no duty TO
maintain the petitioner In his social
standing or to enable him to reach n
station In life.'" said the court. He Is OF
full age. of ripe experience, sound mind,
and no disability.
III the petitioner has musical talent
and the returns do not require this con-
cluslon--his mother and his competent
aunt who have his welfare at heart, and
must know OF his talent and desire are
the immediate and proper persons to
whom to appeal for larEess and sympathy.
II do not deem the increase OF musical
rsnown as the substantial object of this
application. At most II Is "A pretext for
the real reason, which II that this young