New-York tribune., 1920-06-12
Decision Keeps
Marshall Field
Fortune Intact
Court Upholds Clause in
VIII That Prevents Par
tition of $1,000 900
Estate Left by Merchant
Son of Actr ress Loses
Offspring of Peggy Marsh
Held Unlawful; Widow
of Henry Field Profits


CHICAGO, June 11.--Marshall Field
Chicago merchant prince, has not re-
hnquished his iron hold on his mil
lions, although he has been dead now
nearly twenty years. His will, at
tackled again and again, once more has
proved an lnvulnerable fortress which
the best legal talent in the country has
stormed only to be repulsed
Judge Charles NJ. Foell, of the su-
perior Court, to-day handed down an
opinion upholding the famous Article
20 of the will. In doing this Judge
toell showed that romance and public
policy, the two weapons which were
this time turned on the will, had failed
to pierce its armor.
Captain Marshall Field Sd had
sought to have the will broken through
public policy, contending that it was
against the principles of this nation to
allow such great amount of wealth
to remain intact, continually rolling
into larger sum. The decision was
both a defeat and victory for Cap
tain Field.
Henry Marsh Plea Denied
But for Henry Anthony Marsh, the
four-year-old SON of Henry Field, Cap
tain Fields dead brother, and Peggy
cision was sad defeat. In this he
was denied many millions. Henry
Anthony Marsh, born out Of wedlock,
was declared an "unlawful issue"-so
much for romance.
The only person in the suit who
profted was Mrs Nancy Perkins Field
Sd. widow of Henry Field. BY the de-
cision she comes into possession Of her
dover rights in her husbands estate.
The ruling permits the widow, whose
recent marriage to her former hus-
bands cousin was London society
event, to enjoy during her lifetime,
one-third of the income from the real
estate embraced in Henry Fields two
fifths share Of the $100,000,00O Mar
shall Field estate.
The way the will stands now Captain
Field is likely to become one of the
worlds richest men, but he will not
have access to the fortune until he is
fifty years of age.
1t is victory in that it gives him
the accumulated income which has
piled up on Henry Fields share of the
estate since the latter's death, with
the exception of the portion which will
go to the widow as her dover right
1t is defeat in that it strikes prob
ably fatal blow at the plans of Chicago
heirs to undo the famous twentieth
clause" of the Marshall Field will and
bring about an immediate partition of
the huge estate.
Dunno to Take Appeal
Despite the rather anomalous out
come, Mr.. Field expressed himself as
we'll satisfied. Less content, however,
is former Governor Edward F. Dunno,
who acted as attorney for the son Of
Henry Field and Peggy Marsh; so
The latest chapter in the involved
history of the Field Will litigation
started May 10, when an imposing ar
ray of counsel, including Elihu Root
fled a petition before Judge Foell on
behalf OF MarshalI Field for an i'm
mediate partition of the estate The
partition IVES requested on the ground
that, through the provisions of the
twentieth clause" the will violated
the laws intended to prevent the per
petuity of hugo estates such as the
Field property.
Under this twentieth clause" Mar
shall Field VIII not come into possess
sion Of the first half of his fortune
until he is we'll past forty, and will not
get all of it until he is fifty. Should
he die in the mean time, the clause
would GO into effect automatically for
the next heir, and so on.
1t was this clause which the Chicago
heirs failed to break, Judge Foell
holding that the merchant prince was
we'll within the law designed to pre-
vent exactly that which his will encom-
passes. The decision was oral.