New-York tribune., 1921-10-26
Guy Stillnan's
Plea Against All
Heirs Rejected
Justice Morehouse Rules 1t
Is Not Necessary to Name
More Defendants to
Protect the ChiId's Rights
Divorce Suit TO Decide
If He Wins, Testimony VIII
Be Available for Claim
to Share in Trust Funds

WHITE PLAINS, N. Y, Oct. 25--Ths
motion Of John E. Mack, guardian SO
Item for the infant Guy Stillman, TO
make all descendants Of the late James
Stillman co-defendants with Guy in the
divorce action Of James A. Stillman,
former president of the National City
Bank, against Mrs. Anne Urquhart
Stillman, was denied here this after
noon by Supreme Court Justice Mors-
chauser.
Mr.. Mack made the motion for the
purpose, he said, Of protecting the in
terests Of Guy in the future Justice
Morschauser, in giving mis- decision.
said he believed the interests of the
child would be properly safeguarded IL
Mrs. Stillman should win the divorce
action. Had the motion been granted
it would have made James A. St;llman's
brothers, Charles Chauncey Stillman
and Ernest G. Stillman; his sisters.
Mrs. Percy A. Rockefeller and Mrs.
William G. Rockefeller, and their chill
dren parties to the issue" with Nh
Stillman.
Guardian Mack undertook by his
| motion to establish the right of Guy
to share in the trust funds left By the
elder Stillman, these funds aggregat-
ing s37,000,000.
Infants Right To Be Guarded
'The court" said Justice Nor
schauser's decision, " if it is neces.
sary, will go to great length to pro-
tect the infants rights, not only for
the present but for the future.
recognize quite well the great respon-
sibility of the learned guardian &C
Item in this case and the cogent rea-
Suns that influenced him to make this
motion. However, after hearing the
very able arguments Of the respective
counsel for the parties and reading
the briefs submitted for MY aid BY
them, l have concluded that under al
the circumstances the motion should
not be granted.
''The learned guardian ad Item
need not be alarmed about the future
protection of the infants rights The
infant is not without remedy and pro-
lection, for his rights can and un-
doubtedly will, be safeguarded. If he
succeeds in this trial before the learned
referee, the law affords ample oppor-
tunity to the infant or those interested
in his behalf to perpetuate any testi-
mony for his benefit. If the infant
fails in the action. h. will rot need it
"The trial has proceeded before the
referee" the decision read further.
land the plaintiff has rested his case.
and some testimony has been given as
part Of the defense. The answer o9
the defendant, Anne u. Stillman, is e.,
general de9ial and sets un adultery or
the part Of the plaintiff as defense"
Sli Iran Not to Fip.,f can
The decision recounted Mr.. Mack's
! contention that Mr.. StIIi-ial
. = n the divorce suit is to have Guy
! --NA 'ieoe rivo te Jast . a.
schauser also said in the deci~'o- .hats
he was informed that from testimony
taken Mr.. SJlAman uoes ~. ...-- -- .
controvert the evidence supporting Mrs
Stillman's charges that he was guilty
of 'n7del't" ard misconduct.
IN opposing the motion made by
Guardian Mack counsel for the heirs OF
the elder Stllman contended that 1t
would bring into the case large num-
Der of persons with no interest in the
litigation, save that they wers entitled
to share in the trust funds.
Albert F. jerks, former presiding
irstire of the h~rellote Division in
behalf of Mr.. Stillman, submitted
voi4 Ainops oriei c. tain ne 1T cate
points Of law. IN which he held that the
motion was too lpte, imnrorer and that
it should therefore be dismissed.
POUcFvEEPsIE, N. Y, Oct. 49,
John E. Mack, guardian ad litem for
Guy Stillman, in commenting here TO-
night on the decision of Justice Nor
schauser, said that he did not believe
that any appellate court would reverse
the ruling Of Justice Morscnauser Il
have no intention of taking an appeal
he said. 81 expect to be ready to &C
ahead with the hearings on November
20, the date to which they were ad-
journed."