The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-09-20
HAMMERSTEIN SUIT
WON BY DAUGHTERS
Decision on Amusement Com.
pany's 100000 Shares
Ends Long Action.

The late Oscar Hammerstein's two
daughters, Stella, the actress, and Mrs.
Rose Hammerstein Tostevin, became
legally the owners yeste DAY OF the 3.99s
shares of stock in the Hammerstein
Amusement Company, for which they
have been suing In the courts of and on
ever since the death Of their mother in
1912, The stock is valued at upward Of
100000. Justice Charles L. Guy Of the
Supreme Court gave the decision.
Hammerstein when divorced from his
second wife. Mrs Maivina Hammerstein,
in 1911, agreed to pay the latter 5000 a
week alimony and deposited the stock
with the Equitable Trust Company as
security. For few months after her
death the impresario. inventor. COM
poser and opera producer Of interna-
tional reputation paid the alimony to
his two daughters Then he served no.
tice on the trust company to return the
deposit In a statement to the press, he
said:
II have no intention OF continuing to
support grown up children who are per-
fectly capable Of supporting themselves
one being 20 and the other 2s years
OF age--"I have cut them Off completely.
/ have no desire to emulate the &C.
centrIcities and actions of the late la
mented King Lear
Threat to Sell Stock.
The trust company, refusing to return
the stock, threatened instead to sell part
OF 1t II payments to the daughters were
not forthcoming. In February, 1913,
Hsmmerstein lost a suit against the
company. Meantime the daughters
brought suit in the City Court to COM
pei their father to pay them $500 each
for eight weeks default In the alimohy.
Litigation continued between father and
daughters virtually up to the timo Of
his death.
In May the Appellate division of the
Supreme Court handed down a decision
denying Hammersteln's motion for an
order restraining the trust company
from selling mis- stock
The amusement company was organ
lied to control the leases of the old Vic
torin Theatre until 1924. with a capitali-
cation of 500, 900, having 1000 shares
Of stock. Hammerstein was president
and treasurer OF the company. George
Blumenthal, now secretary, Was its only
other officer.
The theatre at once became and con-
tinued to be the centre OF maze Of
legal entanglements. brought by Oscar
Hammerstein on the one hand to prevent
alleged infringements of vaudeville mon
opolies, and on the other by the trust
company to keep Hammerstein from
disposing OF his lease, as was said. to
eyade payments of the alimony.
Contested Daughters Claim.
Hammrstein's widow, who was Mrs
Mary Emma Miller Swift, divorced wife
of the grandson OF Gustavus F. nklin
Swift, founder OF the Chicago packing
house. lives at 949 West End avenue.
She has contested the claim OF the
daughters, 1t is understood. on the
ground that the amusement company
was in debt 100000 to her late hus-
band.
As a result Of the courts finding yes
terday control OF the company comes
undisputably into the hands OF the
daughters, Stella and Rose. The deci
sion directs that Blumenthal shall call
a. meeting of the stockholders for the
election of directors and that he shall
see. in advance Of the issuance of stock
certificates. that the two largest holders
have vote.