New-York tribune., 1922-01-08
Lets Marshall
KernOchanUse
$4,000 a Year
Composer ef Songs Gets Fa.
vorable Ruling on Appli-
cation That Was Pre-
viOusly Refused in Court
Allowance to Come Out Of
Funds of an Incompe-
tent Worth $4,OOO,OOO

MoNshall Rutgers Kern ochan mem
Der Of several clubs, succeeded upon
his second effort in the Supreme Court
$4,000 a year from the s4,000.000 es-
tate Of his incompetent aunt, Miss
Marie Marshall. Mr.. Kernochan, forty
years old, cousin O Chief Justice
Frederic Kernochan OF the Court of
Special Sessions, lives al Tuxedo Park
with his wife and child and four serv-
ants. He bought the property for
$4,000, Of which he paid $4,000 in
cash. Mr.. Kernochan's mother. now
Mrs. Louisa A. Pollock, has been al
lowing her son $1,000 month, but for
several years Mrs. Pollock has been
spending from her 81 100000 estate
more than her income and no longer
can afford to make the monthly allow
ance to Mr.. Kernochan.
The application Of Mr.. Kernochan
was considered in connection with the
accounting of the committee of the
property OF Miss Marshall. James
Dunn, the referee, recommended that
the allowance be made, and Justice
Whitaker yesterday approved the ref
eree's report.
Cohalan's Views
In 1914 Mr.. kernochan made q SINH
lar application, saying that if he re-
ceived the allowance he could marry
young woman of his choice. advance
his musical activities and also main
tain his social position. Justice Coha-
IAN denied that application. mentioning
that Mr.: Kernochan was only eight
years old when Miss Marshall became
insane. The Justice wrote:
THE incompetent is under no DUTY
TO maintain the petitioner in his So
clal standing Or to enable him to reach
station in life tie is of full age,
OF ripe experience, sound mind and no
disability. / do not consider the in
crease of musical renown as the sub
stantlal object of this application"
Mr.. kernochan receives, besides the
allowance his mother has been making
him, $4,000 year from the estate Of
his father and S10O a month for
services rendered his aunt. Mrs. Martha
NJ. WysonR, who has property valued
at 2,5o0,000.
Frederick W. Bisgood, appointed by
the court rs special guardian for Miss
Marshall in the accounting proceed
ing, also filed report with the court
IN which he did not approve or dis
approve the Application Of Mr.. Ker-
nochan. He did mention that the COM
poser devotes five hours day to his
musical efforts, which have brought
him $500 year to date. Mr.. Bisgood
said that Mr.. Kernochan had com
posed severa! songs and choruses, and
that he was at work on an oratorio.
r..
70 be of a very high order and no doubt
will enrich the field of American
music
Accustomed to Luxury
Regarding Mrs. Pollock. mother of
the composer, Mr.. Bisgood said that
he was 'at first inclined to regard the
improvidence of Mrs. Pollock with lit
tie sympathy. and to take the position
that she could afford her generosity
to her son if disposed to limit her own
extravaganza" He added: However.
Mrs. Pollock is a lady sixty-nine years
old She has been accustomed to every
luxury throughout life, and her estate,
even at its present rate of intrench-
4 lifetime. Her home in New York
City is worth s295 900, of which the
equity amounts to S235,OO0 and her
summer residence at Pittsfeld, Mass,
Is valued at SCI, 900. Her property is
Tor large part unproductivc, and the
allowance which She makes her son
Is a real burden'
Mrs. Pollock receives from her
s1.000.000 estate an income of from
$4,000 to 100000 year. In 1918, she
spent in excess of her income, S2,5OO;
IN 1919 $4,000 and $4,000 more in
1920. The income last year from the
estate of Miss Marshall amounted to
Sl16,000 more than the expenses of
$4,000.
Justice Kernochan and the New York
Life Insurance and Trust Company
are the committee of the estate OF
Miss Marshall
BROOKLYN ADyERTISEMENT