New-York tribune., 1921-04-22
Peggy Marsln's
Som Is Denied
Field Millions
Illinois Supreme Court Gives
Final Interpretation of
VIII Leaving Fortune to
Merchants Descendants
lllegiiinlale Issue Barred
Former London Chorus Girl
Long Fought 10 Get Wealth
for Child of Henry Field
sneoioJ Dispafch to The Tribune

CHICAGO, April .1-The State Su-
premc Court ST Sprin.sslelt. TODAY af-
iirmed the Judgment of the Superior
Court of Cook County IN which it was
ND tha- Henry Anthony Marsh. son Of
Peggy Marsh and the late Henry Field
is not entitled 10 q share Of the Field
fortune, estimated at between S1o0.0oo,-
600 and $500, 100000.
The case went to the Supreme Court
Tor a final Interpretation Of the terms
ci the VIII of the late Marshall Field.
made in 1904, in which it was specified
fHas his estate should be left to his
TWO grandsons, Marshall Field Sd and
nenry Field, and granddaughter. Miss
S,"cndolyn Field, or their lawful issue.
Upon interpretation Of the term issue"
tne legal battle vShch has proceeded
'hroagn the courts Of Cock County.
aRc IN which some unusually large at
torneys' fees had been collected. was
begun.
Court Construes Will
AFTER reviewing the case at some
length the court said to day:
we are of the opinion that there IS
--~ N%S Ss4A'>NiSu W US QTGWn IN the con-
ssructlon of the term issue as used in
the tenth paragraph of the seventh
article of the will and the term lawful
issue as used in the ninth paragraph
OF the will. The use of the word issue
ooes not restrict or extend the con-
struction of the term issue in the
absence of specific and plain LANGUAGE
or the viii showing tnat the testator
intended TO make such a difference in
construction.
Rules of construction must not be
permitted to depend lpon the assump-
tton that Will is framed upon the
plan OF the use of entire accuracy in
expression and employment of no re-
dundant words. Moreover, if il be held
lhat II was the express intention. Of
the testator to provide for illegitimate
unborn. such device would be illegal
and void. Such provision is void for
the reason that it presented an issue
winch courts cannot and will not CON
slder. child 10 be, under express
terms OF will. natural child must
under the rule have acquired the repu-
tatlon of being the natural child of 4
certain person at the time of the max
ing OF the Will. Before such child is
born 1t is, of course. impossible to
make proof of such reputatICr."
rign< Begun After Fathers Death
The romance of Peggy Marsh, Lon
don chorus girl, and Henry Field was
made public through dcpositions filed
shortly after the death Of the latter.
IN whicn she declared her child. Henry
Marsh. to be the son Of Henry Field.
Ihis was virtually admitted by the
Field family when Marshall Field sd
established 100000 trust fund for
her IN settlement OF contract made
by his brother
Judge Denis E. Sullivan, Of The su-
nerior Court. in his recent decision
that Henry Anthony Marsh could not
lnherlt--the money set aside in trust
for Henry Field and his lawful issue
under the will of the late Marshall
Field cited "the evident pride Of Mar
shall Field in his name, which would
scarcely be consistent with the evil
dent intent to have the name and the
bu.K OF the fortune linked and at the
same time fund be created for the
support of the children who could not
legally hear the name Of T., Id"
The contested share of the $5 coo 900
trus. fund, approximately S2,OOOOOO.
will revert to Marshall Field Sd and
Gwendolyn Field by the action of the
Supreme Court to-day.
Former Peggy Marsh Lives Here
Peggy Marsh, now Mrs. Albert l..
Johnson, is making her home in this
city. Her husband is nephew of the
former Mayor of Cleveland. They were
married last January.
Peggy Marsh and Henry Field met
in London while she was appearing
there at the Alhambra in musical
show. Her child was born about four
years ago. Young Field recognized it
as his son.
Henry Field drove an ambulance
overseas early in the World War
Upon his discharge from the service
he returned to the United States and
married Miss Nancy Perkins q niece
of the Langhorne sisters of Virginia
He died July q, 1917, at New York
hospital at the age of twenty -one.
AT the death of the boys father
Peggy Marsh began her fight to win
Henry Anthony Marsh share in the
Field estate. Two years ago Miss
Marsh came to this country to con-
tinue the battle.
Edward r. Dunno former Governor
of Illinois is Guardian of tho ho,,