New-York tribune., 1921-03-13
Guardian Named by Judge
Files Answer to Bankers
Action to Protect Name
and Interest in Fortune
Counsel Fail to
Appear in Court
Scheduled Arguments on
Wife's Amended Bill Not
Made; Name of Woman
Correspondent Is Secret
From a STAFF Correspondent


sturdy. tow-h headed boy, two years
old. is the principal figure in the
divorce action instituted here by James
4 St;llman, president of the National
CITY Bank of New York, against the
former Fif Potter, the mother of the
child.
Although MIR. Stillman alleges mis-
conduct on the part of his wife with
hslf-breed guide of the Province of
Quebec, and Mrs. Stiliman, in her
counter suit, asserts that her husband
has been guilty of improper conduct
With a woman said to be we'll known in
New York society, the individual most
interested in the litigation is two
year-old Guy Stllman.
The child is a co-defendant with his
mother, the object of the banker being
to prove him illegitimate. If the boy
has not a legal right to the name he
bears he will have no legal right either
to the fortune to which he would be an
heir as Guy Stillman. John E. Mack,
the attorney who was appointed guard
ian of the youngster for purposes of
the suit, acknowledged to-day that the
question of his wards legitimacy was
che principal point at issue. Depriving
the child of his right TO the Stillman
name and Stillman millions would be
Giihcult task, the attorney said.
The legitimacy Of this child is GER
tan until his illegitimacy is estab-
Hshed, not only by greater weight of
evidence but beyond reasonable
doubt, said Mr.. Mack. "The court pro-
Acts child that cannot protect itself
ana Its good name with the same care
shat the court protects Il person
charged with crime"
Guardian Files Answer
IN. accordance with the custom in
such cases Mr.. Mack has filed the fol-
loving answer with Supreme Court
justice Morschauser in behalf of the
boy:
The descendant, answering by guard.
ian ad Item duly appointed herein
pursuant to an order of this court on
september 13, 1920, alleges that he is
stranger TO ali and singular Of the mat.
ters and things in the complaint of this
sc'lon set forth; that he is an infant of
lne age OF twenty-eight months and
submits his rights and interests in the
matters In question to the protection
Of the court. '''''
-,,"herefore defendant prays such
judgment herein as will fully enforce
ana protect his rights and interests in
'ne matters IN question in this action.
JOHN E. MACK,
Guardian Ad Litem."
Counsel in the case failed to appear
To-Day IN Justice Morschauser's court
70 argue the motion of Mrs. Stillman
70 amend her answer to the divorce
complaint.
lnis led to two conclusions. ex-
pressed at the courthouse-tha either
ooen sldes were countering for an
;ssreement or that they were attempt
ag temporarily to avoid, as far as pos
s.O";, O,T, publicity on the domestic
~ Inc latter belief was accented as
sae "a most plausible, and it was predict
~ ~ tne lawyers will appear Monday or
.SSesoay before Justice Morschauser.
"no slts at White Plains next week.
Al expectation of the presence of
Iua.;' Iva.sei at the hearing set for to-day,
sSuce .os Morschauser was in his court
,ooni curing the day, but he received
10 word from the New York LAWYERS.
l oastice Morschauser said counsel
psooably had agreed to an adjourn
nan. m.n'' =, rms, he added, would not pre-
=. ."s ohem from appearing before him
~ any time without formal notice be-
ing necessary,
h. "v testimony yet has been offered
~. '"e e defendants, but it is declared
swss.; Nrs. Stillman's answer makes a
busspp'ne GENIAL of the charges of her
husband and in return sets up charpe
y" u1nhdellty against him.
.."rs. St!llman, according to her
lends, IS confident she will be victo-
''OuS IN the legal battle
rair Separated Ten Months Ago
o,a me child Guy is twenty-eight months
vm i;no and the Stllmans, is is said.
a.o sogether until about ten months
No.. o'hce that time Mr.. Stillman has
sso sen making his New York home at
sso Park Avenue, while Mrs. Stillman
20 ;as passed most of her time at the
Iarrytown. ''0''
,;;ne right of the boy Guy to par
a...paee in the Stillman estate may be
i'i'h'hed by the outcome in the pend
.S case, according to lawyers, who
punt PUN, TO Section 1860 of the code of
WI procedure of New York, which
where the action is brought by the
sssi' ssspahd the following regulations
spp1y nr TO the proceedings:
Nm me ieg. .tmacy of child born or
nsso''en before the commi ssion of the
94nense charged is not affected by a
'aogment dissolving the marriage, but
Continued on page three)