Widow Loses Contents of Old Safe |
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John Fenton, who died Sept. 26, 1899, at 502 West One Hundred and
Sixty-first street, was supposed to be in moderate circumstances, but he left a safe in his home whose
contents surprised persons interested in the estate. Whether in giving his second wife, Ellen, his home and its
contents he meant to include what was in the safe, was the point raised in a suit before the Supreme Court
for construction of his will and two codicils.
In the safe were bank books showing thirty accounts in his name, aggregating $80,000, and another bank account of $10,000. The safe and its contents were claimed by the widow, Ellen M. Fenton, under the provision of a codicil which gave her his home, "furniture and contents." After making a number of bequests the will provided that the residue of his estate should be held in trust during the lives of his niece, Julia Ahearn, and his nephew, Michael Ahearn, and that meanwhile the income was to be paid to the testator's sister-in-law, Betsy Fenton, of Ireland, and his sister, Mrs. Terence Ahearn, of Lismore, Ireland. Judge Chester held that the contents of the house did not include the money, and that the trust provision was valid. |
HID $113,000 IN HIS SAFE. Then Left His Home and Its "Contents" to His Wife. |
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From the New York Sun
John Fenton, who died on September 26, 1899, was supposed to be in moderate circumstances, but he left a little old safe in his home whose contents surprised persons interested in the estate. Whether in giving his second wife, Ellen, his home and its contents he meant to include what was in the safe, was the important point raised in a suit before Justice Chester of the supreme court for construction of his will and two codicils. The will had been made before the second marriage of the testator, but he executed two codicils within a few days of his death. None of the testamentary papers gave any idea of his wealth. In the little safe were savings bank account books showing thirty accounts in his name aggregating $80,000 and another bank account of $10,000. Within the safe were also $2,7034 in cash, mortgages for $?0,000 and a $1,000 government bond. All of these moneys and mortgages were claimed by the widow, Ellen M. Fenton, under the provision of a codicil which gave her his home, "furniture and contents." After making a number of bequests the will provided that the residue of his estate should be held in trust during the lives of his niece, Julia Ahern, and his nephew, Michael Ahern, and that meanwhile the income was to be paid to the testator's sister-in-law, Betsey Fenton of Tenniscart, County Waterford, Ireland and his sister, Mrs. Terence Ahern, of Lismore, in the same county. The remainder was to go to his nephew, Patrick Ahern. The will was executed in 1897. He remarried in 1898. Mrs. Fenton urged that her husband had purposely accumulated his money and evidence of ownership of other funds in the safe knowing that under his will she was to get the "contents" of the house. |
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