New-York tribune., 1920-07-13
Florida Court Dissolves
Restrainer Preventing
Ex-Chief From Giving
His Property to Wife
His Son Must Pay
Expenses of Case
Plaintiff Says Fight Will
Be Carried to the SUI
preme Court of State
Special Dispatch to The Tribune


JACKSONVILLE, Fla, July 12.-Rich-
ard Croker sr.. for many years Tam
many leader, to-day was declared COM
petent to handle his own affairs in q
decision of Judge E. B. Donnell, of
west Palm Beach, d;ssolving a tenn
porary injunction procured by his son,
Howard Croker, on March 80.
In his application for a temporary
restraining order preventing his father
from giving away further possession to
his second wife, Howard Croker as
serted that the senior Croker had been
the latter was, by her cunning, obtain
ing possession of his vast holdings in
tho United States and Ireland.
For many years the senior Croker
has been passing his winters at Palm
beach and it was while there this year
that the suit was filed.
The opinion Of Judge Dohnell comes
after one of the longest cases of it's
kind ever heard in Florida court.
Many lawyers and aliensts took part in
the procee edings. The costs will fall on
Howard Croker.
John T. G. Crawford, Of Jacksonville,
Democratic national committeeman from
Florida and counsel for Howard Croker,
would be made to the Supreme Court
of the state. A motion of appeal was
forwarded to Judge Donnell
The court in it's decision said
"The first question is: Is Richard
Croker sr. too enfeebled in mind to
manage his own affairs? The next
question to answer is: Is he SO under
the domination of his wife's undue in
fluence that he has permitted her to
fraudulently gain possession and con-
troll of his property?
"Under the evidence as applied to the
law controlling, both of these questions
The manner and demeanor of Richard
Croker sr. in the court and on the
witness stand clearly suggest man
in full control of his faculties. His
memory is no doubt impaired, yet he
remembered dates and transactions
rather accurately.
impairment of memory alone does
not indicate lack of mental capacity to
justify a court in holding the property
owner incapable to manage his own
affairs.
No Proof of Fraud
"a great deal was said in the testi-
mony of the alienists and in the argu-
nent Of counsel about the delusion Of
Richard Croker sr. He has had some
MISUNDERSTANDING with some Of his
children of late years. He may be
wrong in his conclusions; but accord
sured him that he had not been dealt
with fairly. This seems to me to be
some ground for his contention, even
though it be false. He expresseds a
willingness to be shown that he is
wrong. Such being the case, I cannot
believe that his state of mind toward
his children, nor on any other subj Ject,
constitutes delusions or hallucina-
tions.
'"There is great deal Of evidence
denying the charge of undue influence
as we'll as the charge of mental
weakness. No sufficient proof Of
fraud was offered. Richard Croker
sr, has disposed of much Of the prop
erty to his wife, and has not. for
many years anyway, given any Of his
is his choice and he is competent to
manage his affairs, it certainly can
not be stopped in a court Of equity
The right of a property owner to
make his own disposition of his
holdings is jealously guarded by our
law.
Richard Croker sr. confirmed all the
transactions in the presence of the
court. And the evidence is that he
made them of his own volition and
generally without the knowledge of his
wife. For the reasons above set out
and others appearing to the court it is
ordered, adjudged and decreed that the
temporary restraining order awarded in
this case on March so, 1920, be and the
same is. hereby dissolved and the bill
or nj i,,% IN n
All at the cost Of the next friend,
Howard Croker"