The New York herald., 1922-05-09
Await News of VIII Here.

While waiting for official informa ton
from Ireland yesterday regarding the
will left by their father Richard Croker.
members OF his family here have aslted
preparations for further legal act on.
Frederick r. Ryan. counsel for Rich
ard Croker. Jr.. said there was no doubt
that there would be a fight to the finish
and that legal proceedings would be
carried on here. In Florida and in Dub
lin. The litigation here will concern
chiefly Mr.. Croker. Jr.. whose SUIT for
s155.o0 against the estate of his ,ather
is now pending. That sum was ad-
vanced by the son, II Is claimed to meet
bills incurred by his father.
Friends OF Mr.. Croker. Jr.. said yes
terday that in starting the fight against
his stepmother he was not acting for
himself but for his brother. Howard,
and two sisters.
To the statement of young Croker,
Harold Nathan, of Cook. Nathan &
Lehman. III Broadway, attorneys of the
estate OF the late Tammany chieftaln,
last night. made the following reply:
"It is easy to make charges. 1t is
rot so easy to prove them. All that
Richard Croker. Jr.. now asserts in the
absence of his fathers widow he as
serted two years ago in the legal pro-
ceedings brought in FLORIDA. He had
every opportunity to prove those as
sertions. and the court made a thorough
investigation into all the facts. Oral
testimony was taken In open court from
MAY 10 to June 10, 1920. On July IL. 1890
the court dismissed the bill of COM
plaint with costs. In its opinion the
court held:
1.-The manner and demeanor OF Rich
ard Croker. Sr., in the court and on the
witness stand clearly suggested a man
in full control OF his faculties. There is
a great deal of evidence denying the
charge OF undue influence as well as
the charge of mental weakness. and
think the next friend has failed to
either charge. No sufficient
proof OF fraud was offered. Richard
Croker. Sr.. has disposed OF much OF his
property to his children. but II this is
his choice and he is competent to man
age his affairs. II certainly cannot be
stopped in n court Of equity. The right
of a property owner to make his own
disposition OF his holdings Is jealously
guarded by our law. Richard Croker.
Sr.. confirmed all his transactions in the
presence OF the court. And the evil
dence Is that he made them OF his own
volition and generally without the
knowledge OF his wife "
Decision of Florida Court.
TALLAHASSEE. May s.--The Supreme
Court of Florida to-day affirmed the de-
sision Of the Circuit Court for Palm
Beach county. in which the late Richard
Croker, Sr.. was declared to be competent
% handle his AFFAIRS.
The case involved suit brought by
Howard Croker. son. seeking TO an
lul the action OF the father In turning
lis property over To his wife.
Mr.. Croker several years ago gave
property TO his wife. and
some reports from Ireland since his
leath have been to the effect that this
action disposed OF most OF his property
The courts opinion declared that no
evidence had been presented before the
over courts to Justify the allegation
hat Mrs. Bula T. Croker exercised un-
lue influence In obtaining the transfer
II the property TO her right.
The question OF Mr.. Croker's mental
capacity had been decided by the lower
curt the opinion held. after hearing
witnesses. and since his ca
,acity had been determined the children
lad no right TO interfere II their rights
lad not been invaded.