164 Misc. 425 | N.Y. Sur. Ct. | 1937
In this accounting proceeding, with the objective of ultimate determination of the persons legally entitled to share in the estate of Ida E. Wood, the surrogate in his prior decision laid out the course of procedure for the orderly trial of the issues. The large number of persons claiming to be distributees of the decedent made necessary the formulation of a plan for the elimination of those not entitled to participate in the distribution of the estate. Since the decedent died intestate, the determination of the next of kin is required to be tested by the provisions of our Statute of Distribution (Dec. Est. Law, § 83). Citation originally issued to eleven hundred and three claimants. Of these five hundred and thirty-seven persons have filed objections to the account asserting varying degrees of kinship to the decedent and seventy-nine claimed a right of participation as next of kin of her deceased husband, Benjamin Wood.
In my prior decision I outlined three issues for determination (162 Misc. 497): First, the status of the persons claiming to be the next of kin of Benjamin Wood, the husband; second, the trial and determination of the identity of this decedent, the establishment of her maiden name and the names and identification of her parents; third, the ascertainment of the persons, if any, establishing their relationship by blood to the decedent and their identification within the legal class of her next of kin.
The first issue was tried and determined and five persons were proven to be the next of kin of the predeceased husband as his direct descendants. By my decision on that phase of the proceeding seventy-four claimants of more distant relationship were eliminated. (N. Y. L. J. Aug. 25, 1937.) These proven next of kin of the husband thus become potential distributees in the event that it be finally determined that Ida E. Wood left no relation of her blood. (Dec. Est. Law, § 83, subd. 15.)
The second issue was then taken up for trial. Extensive evidence, both oral and documentary, has been submitted to the court upon this issue. At the close of the trial the surrogate in his oral decision struck out the appearances and objections of many of the claimants because of the absence of any legal status. It would appear that the importance of the issue and the large number of persons whose rights are affected require that the reasons for the determination should be set forth in a formal decision.
Ida E. Wood died in the Herald Square Hotel in 1932. She had been a recluse for the last thirty years of her life. She left an estate of approximately nine hundred thousand dollars. Most of it was in cash. Two alleged wills of hers were presented for probate. One was refused admission because of the forgery of her signature to it. The other failed because of inability to prove execution although the body of the will was clearly in her own handwriting and the signature authentic. She, therefore, died intestate. She had lived with her sister, who was known as Mary E. Mayfield. The latter died in 1931. With them also resided a woman known as Emma Wood over whose identity doubt has arisen as to whether she was the daughter or the sister of the decedent. That question is academic since she predeceased the decedent leaving no descendants.
Ida E. Wood, at the time of her death, was ninety-three years of age. She was the widow of Benjamin Wood who had attained distinction in New York city as a successful stockbroker and as publisher of the former newspaper known as the New York Daily News. Ida E. Wood appears to have been associated actively with him for many years in its management and ownership. Benjamin Wood died in 1900. Fernando Wood, his brother, was mayor of the city of New York during the years 1855 to 1858. He served later in that office in the years 1860 to 1862. With this background of the history of her husband and of his family, Ida E. Wood appears from the evidence to have taken part in her earlier and middle life in public and social activities of this city. She possessed or acquired a high degree of culture. Her letters indicate refinement. She and her husband traveled extensively both in this country and abroad. She was shrewd in her business operations and prudent in the management of her large fortune. Much of the financial success of her husband was apparently due to her qualities of thrift and frugality.
There are other elements of her character which are revealed, by the evidence. She was secretive of her personal affairs which!
The only doubt created as to her identity which has afforded a basis for the assertion of a claim by certain parties to this proceeding, is the fact that in her early years she was known as Ida E. Mayfield. Her mother, her brother and her sister also adopted Mayfield as the family name. The evidence, however, and particularly the documentary evidence, indubitably leads to the conclusion that Ida E. Wood was born Ellen Walsh, the daughter of Thomas Walsh and Ann Crawford Walsh and that the change of name from Walsh to Mayfield was made by herself and her family undoubtedly influenced by her pretenses to a social standing in this community. The first indication that Mrs. Wood had changed her name from Walsh to Mayfield is shown to have occurred about the year 1857. At that time she was nineteen years of age. An old-fashioned valentine addressed to her as Ida Mayfield bears that date. Her disposition to adopt a name different from her bora surname is also supported by the documentary proof which clearly and definitely shows that she was known in the years 1864 to 1867 as Ida E. Harvey. Recorded deeds and mortgages were received in evidence which established her acquisition of real property in the city of New York under that name. It has also been shown that subsequently she conveyed this property as “ Ida Wood (formerly Ida Harvey) wife of Benjamin Wood.” The latter deed was made a few days after her formal marriage to Benjamin Wood in 1867. It is also interesting to note in this connection that the witness to this deed was her sister, who signed her name as Mary E. Walsh. She was later known as Mary E.- Mayfield.
Significant also are two deeds of property in Brooklyn. In one the conveyance was to Mary E. Walsh, identified by other records as Mrs. Wood’s sister. In the other deed Mary E. Walsh in 1877 conveyed the same property to herself as Mary E. Mayfield. To summarize these alterations of names as developed by the evidence, Ellen Walsh, the decedent, becomes Ida E. Walsh. Ida
It is the jest of fortune that having attained wealth and prominence, she abandoned her pretenses at the age of sixty and retired to strict seclusion. By way of direct contrast, during her last years in her talks and writings she cherishes only the memory of her real parents and her Walsh and Crawford lineage.
The line of evidence presented by the Walsh claimants tending to prove that Mrs. Wood was bom as Ellen Walsh consists almost exclusively of documentary evidence. Of impressive importance are the written declarations of the decedent herself. (Washington v. Bank for Savings, 171 N. Y. 166; Farmers’ Loan & Trust Co. v. Wagstaff, 194 App. Div. 757.) Corroborative of her own statements and entirely independent thereof there has been submitted to the Surrogate a remarkable series of records of vital statistics — marriages, births and deaths • — and cemetery records, recorded instruments and census records which cover the history of the Walsh family and of the decedent as a member of it for a period of almost one hundred years from the year 1836 to the year 1932. All of these important elements of proof verify and confirm the decedent’s own written notations as to the distinctive events in the lives of her parents and her brothers and sisters. There were found in her personal effects certain statements in her own handwriting giving the date of her birth as January 14, 1838, and the place Oldham, Lancaster, England. The independent documentary evidence shows that she was baptized in St. Mary’s Roman Catholic Church, Shaw street, Oldham, Lancaster, England, on April 1, 1838, as Ellen Walsh, the daughter of Thomas Walsh and Ann Crawford Walsh. The date of her birth appearing on this certificate of baptism does not exactly accord with the date in her own hand
The mother of the decedent, Ann Crawford Walsh, appears from the Federal census records to have resided with her daughter, Ida E. Wood, in New York city in 1880. In this period she had assumed the name of Mayfield. She died in Glasgow, Scotland, in the year 1883. Her body was brought to this country and reinterred in Calvary Cemetery in New York city in a plot purchased and owned by Ida E. Wood. Mrs. Wood erected a tombstone upon this plot which is inscribed “ Sacred to the Memory of our Beloved Mother Ann Mary Crawford Mayfield born November 17, 1814 departed this life July 6, 1883.” The context of the original draft of the inscription upon this stone in Mrs. Wood’s handwriting and produced from her records referred to the prior deaths of seven children,
The documentary evidence clearly proves that the mother and the father of Ida E. Wood were born in Ireland. There were produced from her personal effects notations in her handwriting giving the names and addresses of certain persons in Ireland. The existence of these persons and the general accuracy of the addresses and their relationship to her mother are substantiated by the official records of vital statistics obtained from the appropriate offices in Ireland.
The record of the decedent’s marriage to Benjamin Wood in 1867 is in evidence. She was married in the Church of St. Paul the Apostle in New York city. The name of the bride is entered in its records as Ida Ellen Walsh Mayfield. "Under the rules of her church it was necessary for her to obtain a dispensation for the marriage because of the difference in religion of the couple. It is extremely convincing that in the record of the Chancery Office of the Boman Catholic Archdiocese of New York, which evidences the granting of the dispensation and the performance of the marriage ceremony, she is described as Ida Ellen Walsh, her real name.
In certain of the documents it appears that the Walsh family was also known as Welsh or Welch. There is no significance in these slight variations and such names have been used interchangeably by other persons. Evidence of the use of these varying names is found in one of the deeds of the Massachusetts property where the father of Ida E. Wood described himself as Thomas Walsh sometimes known as Thomas Welsh.
When the evidence submitted in behalf of the Walsh claimants is considered as a whole, the conclusion is inescapable that the decedent was Ellen Walsh and later Ida Ellen Walsh and that she was born of the parents whom she so accurately described.
The principles applicable to pedigree cases involving proof of identity of a person have been frequently stated. Their object is to lead the trier of the facts to a reasonable conclusion. Pedigree is
This statement applies with particular force to the present proceeding especially when the evidence of the Mayfield claimants is considered and compared with that submitted by the Walsh claimants. The Mayfield claimants contend that Ida Wood was the daughter of Thomas Henry Mayfield and Mary Ann Crawford Mayfield and that she was born in Mississippi or Louisiana. Not a scintilla of competent oral evidence or a scrap of documentary proof has been offered to show that these alleged parents ever were married or ever had a daughter known as Ida Mayfield who became Ida E. Wood. Similarity to the names of the actual parents of Mrs. Wood has been plainly fabricated by the attempted use of her real mother’s name ■— Crawford. No record of the birth of an Ida Mayfield to the alleged parents in either of the States mentioned or in any other State or country has been produced. There may have been one or several Ida Mayfields in the vicinity of New Orleans. The name Mayfield and the name Crawford seem to have been common in that locality. The claim to relationship with the decedent by the Mayfield group is based upon mere supposition.
The surrogate, under the rules laid down by the Court of Appeals in Aalholm v. People (211 N. Y. 406), has excluded the testimony of certain of these claimants and certain witnesses produced by them as to declarations tending to show that Ida E. Wood was Ida Mayfield. Declarations made by deceased persons are received in pedigree cases. The ordinary prohibition against hearsay evidence does not operate against these declarations. As stated in the Aalholm case, the rule as to the admissibility of such declarations is subject to three essential conditions: (1) The declarant must be dead; (2) they must have been made ante litem motam, that is, at the time when the declarant had no motive to distort the truth; (3) the declarant must be related by blood or affinity to the family
In its opinion in the Aalholm case the court enunciated the reasons for these rules. “ The qualification is one of growing importance. Without it a person may establish his relationship to any family he chooses by simply stating that he has heard from a member of his family a recitation of the facts establishing the desired connection. In this country, filled with densely crowded cities in which large fortunes are no longer rare, it will be wiser and safer to maintain this rule, circumscribed by this qualification, than to relax it even in cases that appear to be meritorious. It may prove a hardship now and then to require even slight evidence of the relationship of a decedent to the family of which he declares before his declarations will be received, but the consequences of the contrary rule would inevitably be much more serious.” The necessary link of blood relationship between our decedent and the Mayfield claimants is entirely absent in the record of the pending proceeding. A further discussion of the entire insufficiency pf the evidence submitted on their behalf is unnecessary except to state that it constitutes an array of contradictory dates and happenings which are entirely inconsistent with the proven history and actual whereabouts of the real Ida E. Wood and of the members of her real family.
To summarize the entire evidence in the case it appears that three lines of proof are presented. The first is that revealed in the handwriting of Ida E. Wood with her own notations of her family history. The second line consists of the independent and uncontrovertible documentary proofs submitted by the Walsh claimants which verify, corroborate and confirm the accuracy of the memoranda made by Mrs. Wood personally. The third line of proof as presented by the Mayfield claimants in so far as it attempts to establish relationship to the decedent lacks any contact or identifica
The motion of the attorney for the public administrator and other counsel to strike out the notices of appearances and the objections of all the Mayfield claimants has been granted upon the merits. The surrogate specifically finds that they are not related in any manner whatsoever to the decedent here and are not persons interested in her estate. The names and numbers of such claimants may be included in the intermediate decree. Apparently they aggregate four hundred and thirty persons.
Submit such intermediate decree on notice accordingly. The date for the hearing of the third issue involving the determination of the persons within the class of Walsh and Crawford claimants who may be proven to be the lawful next of kin of the blood of the decedent will be fixed and published hereafter by the surrogate.