The New York herald., 1921-05-01
SON FIGHTS SUIT
| BY HARRIS PHELPS
Livingston, in Answering
Claim for $4,000 Annuity,
Demands S150,000 Jewels.
QUEER MIXUP Barred
Fathers Action Based on
Agreement After Divorce
Suit Was Dropped.
REALTY HERE INVOLVED
Defendants Mother Forced to
Live in Europe to Enjoy Pell
and Livingston Millions.
REALTY HERE INVOLVED

An answer filed yesterday with the
Supreme Court disclosed a dispute be-
tween Charles Harris Phelps, lawyer,
and his son, Charles Harris Livingston
Phelps. over property left by Mrs.
Phelps when she died in 1913. The
Eleanor Pell Phelps, were prominent
| in the American colony in Paris, where
they entertained royalty and nobility.
Mrs. Phelps possessed a life inter-
est in an estate of s6,0oo.oo0 left by
her mother, who was Miss Susan Field,
daughter Of Moses Field, and in an
estate OF s2o,O0o,000 left by her father,
John Augustus Pel. The difficulties
between father and son, brought into
court yesterday, form sequel to the
differences between husband and wife
that attracted public attention from
| 1887 until the latter's death.
The elder Mr.. Phelps, usually known
| as Harris Phelps, includes his sons
wife in his complaint. She was Mile.
, Elizabeth de Berteux, daughter of
| Count Jean de Berteux. noted French
il
\ friend OF the late King Edward VII.
I OF England.
Mrs. Phelps inherited her parents
] fortunes under the peculiar provision
| that she must live in Europe constantly
so long as Harris Phelps remained her
husband. She would forfeit her inter-
| ests IL she made the United States her
residence without first divorcinS Mr..
| Phelpss She started a divorce action
in Paris n 1910. fifteen years after the
wills were fileu, but through the inter-
yenticn Of Livingston Phelps, their son.
i the action was not prosecuted
4 SON Pays Father $4,000 n Year.
Mr.. Phelps contends in his action here
that as part Of the agreement under
which the divorce proceedings were
\ dropped his son was to pay him $4,000
a year from the income of a trust fund
created for him at the time. consist
1 ing Of the property at 9l2-g1S Broadway.
4 10l Sixth avenue. g. Pearl street and 30
| Stone street. He asserts also that he
/ has a life interest in go Broadway.
which was made part of the sons trust
| fund, and was TO receive han tna net
\ income from this piece of property IN
addition to the $4,000 from the others.
Though his son has been receiving
4 about $4,000 a year income from the
properties since his mothers death, Mf.
\ Phelps alleges he has not made any or
II the annual payments. His action seeks
/ 10 recover these now amounting to $7o,-
600 or $4,000, and $4,000 additional,
which he says is due him from the sale
4 OF 920 Broadway, the proceeds or which
were invested in bonds.
The son, In his answer, asserts his
father still has possession Of jewels OF
Mrs. Phelps valued at s15o.0o0. which
were willed to him. He seeks recovery
OF the jewels and $4,000 damages for
the loss of the use of them.
4 The younger Mr. Phelps was third
secretary OF the American Embassy at
Petrograd from 1910 until the arrival
/ Of the Bolshevist regime. He sought
4 to resume his post there in 1918, but
Bolshevist representatives in Stockholm
refused to gTve credentials to him. His
1 admission to the American diplomatic
service came after the Senate Commit
tee on Foreign Relations considered his
| nomination at length, in view of pro-
tests made by his father to President
Taft and Secretary Knox.
The father contended that his son
was a French citizen, had enlisted in
1906 in French regiment ana had
tried but failed to enter the French
! diplomatic service. The American or
ficials ruled that the facts showed young
Y Livingston was al <AciASnh NASA~~''
/ These facts included a trip to the
American Embassy in Paris. where he
took an oath Of allegiance
Young Phelps belongs to the Union
club ST. Nicholas Society and Society OF
Colonial Wars. and his wife belongs 70
the Colony club. although potn still i've
in Paris He was graduated from Har-
ward in 1907. His father before nm
attended Harvard, and as freshman
Nv Cheating of
a group Of sophomores who tried to maze
| him. The man wounded was James J.
/ Van AIen who like the elder Mr.. Phelps,
| has lived abroad for many years and
who said recently he would never return
to the United States. now that prohibi.
tion is in force here.
spurns English Language.
Harris Phelps, who became legally
French citizen in 1907 and who, IL was
said never speaks English II he can help
IL, asserted that no had been compelled
to give up his law practice which he
had built M In New York because of
the peculiar wis or his wife's parents.
Soon after she started her divorce action
abroad ne began and won an action
here to establish his lawful ownership
OF alf OF the estate left to his wife by
her parents. The American part>pf this
amounted only TO $4,000 at the time
and shrank. the appraisal after her
death showed, to $4,000 in 1914
His right TO the half share, Harris
Phelps proved. was based on an agree
ment his wife signed IN 1888. when they
were reconciled after 2 separation OF n
year. during which time she sought by
habeas corpus here ana abroad TO get
possession of young Livingston Phelps,
who. she alleged. had been kidnapped"
on their reconciliation they agreed 10
forfeit 800 Il day If either thereafter
should be responsible for the removal
or disappearance" Of their son.
4 Under this agreement Mr.. Phelps
showed the court here, his wife granted
him half the income from her parents
estates so long rs he did not become
bankrupt or assign his interest
The elder Pheipses we're married secret
ly in 1873. Mrs, Phelps's parents were REQ
| onciled 10 the match soon thereafter and
gave tho coupe mcIr blessing ~ they
\ started on \ tour of tho world that
\ lasted two years But because Of some
happenings IN Persia they grow dis
pleased win their daughter. Mr.. Peli
who died fret provided in his viii thar