The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-24
ELOPEMENT IN 1889
COSTS HER FORTUNE
Appellate Division Dismisses
Mrs. Apgar's Suit to
Share in Estate.
FIVE YEAR LEGAL FIGHT
Lost VIII, Found by Chance,
Cutting OFF Daughter
With 81, Is Valid.
FIVE YEAR LEGAL FIGHT

Mrs. Mary A.. Apgar. who twice has
been declared In the lower courts entitled
to . one-sixth interest in the $3.50, 900
estate Of her. father. Patrick j. Connell. a
hotel keeper. who died in 1906. has lost
finally through a decision Of the Appellate
Division. AS a result she is left practi-
cally penniless In q small cottage in ia
maica, while her mother three brothers
and two sisters occupy an expensive
apartment In Manhattan.
The litigation. between Mrs. Apgar as
plalntiff and her relatives as defendants
has been before the courts for five years.
When the case first came to trial before
Justice o'Gorman In 1910 he sought TO
bring the relatives together. and pointed
out to the defendants the injustice Mrs.
Apgar suffered In being deprived Of her
interest In the estate. Her mother.
brothers and sisters refused TO forgive
Mrs. Apgar for marriage she contracted
many years ago to a man twice her age.
AZ the case was tried before Justice
O'Gorman It hinged on Mrs Apgars right
to void an assignment she made immedi
ately after the death OF her father, in
which she Joined with her brothers and
sisters In transferring her share of the
estate to her mother. She testified before
Justice o'Gorman that her relatives had
deceived her into believing that the paper
she signed was only a formal paper In
connection with the administration Of the
estate.
The testimony before Justice oGorman
showed that In 1856 Mary Conneil. while
attending Holy Cross Academy. met Flor
ence Apgar, daughter OF Melvin Apgar. a
wood turner, then In business in West
Twenty eighth street near hotel owned
by Miss Connells father on the present
site OF the Pennsylvania Station. Through
her convent friendship Miss Conneli be-
came Il frequent visitor at the nome OF
Apgsr. then 40 years old. He had Tough,
through the civil war and was under Gen
Custer In the Third Cavalry Division at
the close OF the war. Miss ConnelIs par
ents learned that she was receiving atten-
tons from Apgar and forbade her seeing
him. In 1883 she eloped and married
Apgar.
Mrs. Apgars father declared he never
wanted to hear her name mentioned a. ain
He became Ill and made a will leaving
her only 81. but recovered and the will
was lost for the time being. In later
years he permitted his daughter TO visit
him, but would never allow her husband
in his house. In 1870, he sold his hotel
which cost him e3s.0Oo. Ia the Pennsyl-
vania Railroad for SAT-. 900 and invested
his money so that In 1875 his estate was
worth $4,000. Wher ne found death
approaching ne called for lawyer to
make another will. believing tie nrsi Will
permanently lost. but died before a new
document could be executed
In the trial before Justice O'Gorinan 40
mention was made OF the original will.
The court found that Mrs. Apaar's assign
ment was void and directed Mrs. Cornell
to turn over TO Mrs. Apxar tho lattsr's
share OF the estate. In his opinion JUS
tlce OGorman said THE sight of n
mother and her Ave children arrais ned
against "A daughter with little grandchil-
dren 10 distressing. Not many years will
elapse before every one who is a party to
this action will he under the sod and dol
lars will be Of little use 10 them"
| The Appellate Division reversed Justice
O'Gormans decision.
At the second trial. before Justice Gave
gan. Christopher Connell. "A brother OF the
! plaintiff. testified that on the very day
Justice O'Gormsns decision was handtd
down he made a new search OF an old iron
safe in his fathers Office. One OF the
safe drawers projected SO far that the
door wouldn't close and on opening this
drawer he found In a small bundle OF old
insurance policies the original will made
In 1889. BY this will Mrs Apsar was cut
OF with 81. The old will was admitted to
probate on February s, 1912.
Justice 0avegan found In favor OF Mrs.
Apgar on the ground that the will had
been suppressed deliberately.
In setting aside Justice Gavegans de.
c!sion and disiniss!ng Mrs. Apgars COM
plant the Appellate Division now holds
that the will IL binding on Mrs Apsar
and that she can have but 81 instead of
nearly $4,000.