Evening journal., 1914-06-20
RENT FUNDS WAIT
ON Court ACTION
Dispute Over Money as Re-
suit Of Alleged Fraud :
in Divorce
SUSSEX COURT HAS
THE LITIGATION NOW

Alleging that she was divorced by
fraud seventeen years ago, the decree
having been granted in Sussex county
court at Georgetown, Mrs Daniel w.
Jackson No. 1 now asks to have the
divorce set aside and demands a share
in her husbands estate. and particu-
larly that share OF it, valued at about
$21, 900, which hitherto has been en-
joyed by Mrs. Daniel w Jackson No.
2, her children and her second
husband, DR.. Walter NJ Miller, OF
Fifty-first and Spruce streets, Phila-
delphia.
Mrs. Jackson No. ! was divorced in
Delaware in 1897. The following year
Jackson married again, and when he
died in 1906 he left seven Philadel-
phia houses, valued at S21, 600, in
trust for his second wife and their
children. The second Mrs. jackson
married Doctor Miller about a year
ago.
Under the original trusteeship
created by Jackson for his second
wife and their children, George W.
jackson, half-brother Of the testator.
was made a trustee. This original
trustee died in August, 1913, however,
and it was only following his death
that Mrs. Jackson No. / started suit
to have her divorce annulled, so that
she might be entitled to share in
her dead husbands estate.
Suit is Brought in Delaware.
Mrs. jackson No. | asserts that
among the effects of George w. jackson,
the trustee were letters from Mrs.
jackson No. ?, which indicated that
there was a doubt about the validity Of
Jackson's divorce Mrs. jackson No
promptly started suit in the Superior
Court OF Sussex county, where it ;
now pending.
She says she was married to jackson
in 1878, and lived with him in Philadel
phia until 1885. She alleges that she
was then compelled to leave Jackson
because he became addicted to drink
ing and threatened her with violence.
She says that though she kept her
address secret from her husband, his
father and family knew always where
She was, and approved her action.
Property Income IS Held Up.
She alleges that this forced separa-
tion from her husband was justifable,
and that her husband never had any
meritorious grounds for divorce. She
also asserts that she did not receive
notice about the di-orce proceedings
until long time after the decree had
been granted
The trusteeship over the seven
properties which she is fighting, Mrs.
jackson No. ] charges was created
by her former husband and his sec
ond wife in an effort to defraud her
Of her dover rights in the estate.
The involved relations of the per-
sons III the suit came up before Judge
Patterson in court Of common pleas
No. l in Philadelphia yesterday, when
Doctor Miller, the second husband Of
Mrs Jackson No 2, sought to COM
pei Joseph A. Jackson, a trustee Of
the Jackson estate, to account to him
for the rents collected from the seven
properties in question
The new trustee refuses to pay
over any money to Doctor Miller un-
til the suit instituted by Mrs. Jackson
No. l has been adjudicated in Della
ware, or a final statement is reached
in the orphans court Judge Patter-
son ordered the trustee to deposit all
money collected from the seven
houses in a separate account so that
it may be identified when the case
has final hearing in September.