New-York tribune., 1921-10-22
ctilln1an Seeks
ToBarCO-Heirs
In Guys Fight
pov,s Inheritance Has Never
Been Questioned, Banker
Saws, Opposing Motion to
Make Family Defendants
Ienks Doubts Jurisdiction
Guardian Insists Attack ON
Legitimacy Be Foreclosed;
Court Reserves Decision

wpITE PLAINS, Oct. Flames A.
s,lman to-day took steps before Jus
~. Joseph A. Morschauser Of the Su-
.-,ms Court to keep his near relatives,
:, benefciarics under the will Of his
;..her the late James Stillman, from
looming involved in his suit for di-
soyte.
IN an endeavor to block the motion
.rIohn E. Mack, guardian ad litem for
csv stiilman. which seeks to show
,.use why every beneficiary and trustee
!. the will should not be named CO.
as,eudants in the divorce action, Mr..
ct;llman added to his legal forces
.lmst F. jerks, formerly presiding
ss.ics Of the Appellate Division Of the
Surname Court in Brooklyn. Judge
INKS argued against the motion at the
sssring here to-day, declaring Cd that
.ss court was without jurisdiction to
rant it, since the original action was
statutory case; (2) that although
nlsintiff. James A. Stillman, had never
brought up the question of Guys share
r ths family Inheritance; (3) that it
vas late in the day to bring such a
motion.
ths Stiilman divorce suit to be held in
aubI;c and an imposing array of coun-
ri WIS present. Mr.. Mack represented
tbs interests of three-yesr-old Guy.
Jobn r. Brennan, chief counsel for Mrs.
anne Urquhart Stillman, supported Mr.
Mack in his arguments. Counsel repre-
s,pting Mr.. Stillman, in addition to
Indgs jerks, were his partner, Gus
tsvus A. Rogers, Outerbridge Horsey,
Cornelius J. Sullivan and Colonel Will
lam J. Rand jr. Arguments were pre-
ssnted on both sides for more than an
bour. Justice Morschauser ordered all
biefs be in his hands by next Tues
day. His decision will be announced
.hortly afterward.
Divorce Hearing on November %
Counsel have agreed among them
selves that the hearings in the divorce
suit will be resumed at Poughkeepsie
November g.
In putting the motion before Justice
Norschauser Mr.. Mack explained that
his object was to bring in as party de-
ssndants certain persons whose pres
euce In the action he considered neces-
ssrv for its completion. Those named
IN the motion were Mrs. Percy A.
Rockefeller, Mrs. William G.. Rookie
tellsr, DR.. Ernest G. Stillman, Charles
Chauncey Stillman and eleven grand
children Of the late James Stillman.
" deemed it my duty to bring in all
these co-defendants so that there might
be Anal adjudication settling forever
the legitimacy Of this child" Mr.. Mack
said.
st Is in order that the child's good
name may be protected from the as
saults Of his father in the future ,nac
ask for the granting OF the motion.
II was made clear in the course of testi-
Iaony given at the hearings last June
that his sole object in bringing this
action was to illegitimatize Guy"
Mr. Mack recalled testimony where
counsel endeavored to show that Mr..
Stllman was willing to grant his wife
6 divorce, until he learned that the
legitimacy of Guy could not be assailed
the banker can do in his present action
against his wife is to attempt to oc-
s!roy the child's good name. He ex-
planned the terms of the late James
Stllman's will, providing for the dis
position Of more than 100000 among
The children and grandchildren. He
touched on the counter charges Of Mrs.
Stillmsn, involving Mrs. Florence Leeds
and her child, Jay Leeds, saying that
!as banker was willing enough TO let
these charges 60 unchallenged while he
plsused his attack on Guy.
May Perpetuate Testimony
MY. Mack raised the point that If a1,y
of the witnesses who testified at the
hearings were to die or drop out Of
nght, Guy wodld be handicapped in any
future litigation over the trust funds,
even were he found legitimate now.
Counsel for the plaintiff suggested the
perpetuation of the testimony, which
might be means Of compromise on this
issue
Judge jerks classified the three
issues in the case as % the alleged
lnhdelity of the wife; (2) the alleged
iHfidelity of the husband; CD the legit-
macy Of Guy. He insisted that the
notion made by Mr.. Mack would only
serve to bring into the case largo
humber Of people who had no interest
whatever in the litigation save that
ney we're all benefciaries under the
Will Of James Stillman
The plaintiff, subject to certain pie
nary powers vested in the court, is
naster Of the original action which he
ass set in motion and determines, ac-
ssasding to HIS opinion and subject to
ne decision by the court as to the
,"ues involved, who shall be parties
y the action" said Judge jerks.
The very difficulties and imperfec-