The evening world. Newspaper, November 16, 1921, Page 3

HANNA'S FIANCEE PLANS TO SUEFOR SHARE OF ESTATE Actress Will Press Claim for $25,000 a Year for Life and Home on Hudson. BLOTS ON WILL ISSUE Millionaire Crossed Out Pro- visions on Margin After Quarrel, It Is Said. Blotted marginal notes n th Much-confused will of the late Dan- Yel R. Hanna, in which he referred to an actress of the name of June Avis Evans as his prospective fifth wife and made to her bequests, sub- sequently blotted, of $25,000 a y for life and his estate, The Croft, near Croton-on-Hudson, are the basis of a determined contest of the will which Miss Miss Evans and her mother are Row living at ‘o. 157 West 57th Street in an apartment they have oc- cupied for about a month. All inquir- fes for her there to-day were met with the statement “not at hom It was not until to-day that th identity of Miss ivans, referred + in the wil! only by name, no addres or other identification being given, was disclosed. She is described as being about forty-five years old, 4 brunette of medium height and Eng lish by birth. She came to this cour try with her parents when she was ac |d and went with em to liv in Evanston, IIL Her father, no ad, was employed by Armour & 8 a superintendent in Chicag Miss Evan; was married when young woman, but she and ber huy- band were divorced and she went 01 the rng with Mrs, Lesli- Carter, Her latest appearance wa, with Her Dixey in “The Ou- rageots Mrs. Palmer” in the autumy ot 1f I was last spr that Miss Evans and Mr. Hanna met. Warly in tue gun she and her motier went to live at and Mr. Hanna 1s en. ns has instituted he c @ald to have announced his tn tion to marry Miss 5 as his fourth wife's divorce deereé should become final It was in A that the fourth Mrs. Munna obtained her decree and it became final on nS us However, just about this time Mr Hanna and Miss Evans had a disu- greement, the engagement, announces to only a few intimate friends, was ) and Miss Byans and her mother teft he Croft, It was owing to this dis ording to weport, that caused My. Hanna to cancel, on Oct 14, the marginal pro- visions in his will naming Miss Evans as a beneficiary. ‘The portion of the Hanna will upon which Miss Evans has instituted pro- ceedings through Banton, Ferguson & Moore of No. 1/0 Wiiliam Street, th law firm peaded by District Attorney- elect Joa H. Banton, Is much dis- {gured with blots in brownish ink and s sald to be decipherable only by hold- ing the paper to the light. ‘The refer- ence to her is contained in the follow- ing paragraph: “And I give, bequeath and devise in equal shares to my wife, should } have one, and to my three sons, as recited in paragraph 6, It being my intention to marry June Avis Evans, Immediately after this come sev- eral blotted words and then: brok eement, “Should I die before such marriage I instruct my executors takes places, to provide a trust * *” This is fol lowed by heavy blots. These blo.ted marginal notes had been indorsed “cancelled,” It was said. According to Miss Evans's attor- neys, there is at the top of the will an attempted jon which reads: “Oct. 14, . Below provi- sions cancelled day, DB R Hanna.” Under vf the blots In the will Leslie C, Ferguson of Miss Evans's counsel said that Mr. Hanna made this notation: Should she marry, this instrument is to become null and void. Witness, H. W. Fos (Mr, Hanna's secretary) and D. Hanna.” were “cancelled” as late as Oct. 21 last. Mr. Ferguson sald that a reading of the will showed that it ‘apparently” gave Miss Evans 625,000 a year for fe and The Croft, and he added that his firm would take every pos- sible » to obtain Miss Evans's claims. “When the matter of the blots, can- cellations and the like were referred to Surro} later he said “Although the law provides tor t @eration of a will as by codicil, which wis then blotfed out as if he had dh matter might be subject to debate or hearing before the court.to determine whether it should be considered prop- erly part of the will. “I¢ Miss Evans were a relative 9 the wife—that is, if she were, under the law, an interested party—she might receive a citation and be al lowed to contest. But if, as reporte|, she w: 3 not a relative of Mr, Hanny ind was to become his wife later, sh ave no right to make a contest. would give her the right to bring an action against the executors for claims against the estate,” | had a general alarm Some notations in the will iteration by marginal notes is net recognized by law. On the margin of Mr. Hanna's will there 1s an apparent attempt to make a change in the will, anged his mind, ‘Che marginal ts not un interested party and would If Mic: Evans has any claim aris- ng out of any contract or under- tanding, that is a matter for the WP reecutors of the estate, The law BY MRS. ENRIGHT Commissioner’s oner’s Wite, Jostted | Several Times in Crowd, Misses Jewels on Return. ‘The police of the Greater City to- day have a task that has aroused all their Ingenuity and zeal. It {s re- covering $3,000 worth of jewels be- longing to the wife of their chief, Com- | missioner = Richard =, Enright hough many detectives have een feverishly active on the case since Monday night, it Is understood they haven't a clue. nade unusual efforts to keep the loss of Mrs, Enright’s jewels from beccms ing known to the pubtic. The general alarm sent out Monday night was In- ribed: De- ot for the pri tective Frank Carberry of the At- | antic §=Avenue Brooklyn. Station, first assigned to the case, referred all questioners to Captain Joho J. McCloskey In charge of the Brooklyn Detective Bureau. Capt McCloskey had nothing to say, Commissioner Enright was out of the city last night but his home at *PNo, 897 St. Mark’s Avenue, Brooklyn, wi brilliantly lighted on several floors, There was no response _to rings at the front door, However, it was learned that Mrs Enright went shopping in t Mone a chamois bag, pinned to her clothing, her wedding ring, thre rings, two wrist watches, a pair of diamond earrings, two gem-studded hairpins and other jewelry Later she recalled being jostled, favorite method of pickpockets, several times while in street crowds as well as in the department stores visited, She did not miss the bag of jewels until she had reached home, Inquiry in 1 the stores did not dis- close a possible finder. She then got in touch with Capt. McCloskey und} sent out, a | Value of Voice Set at $35,000 That Sum for Injuries on Long Island Train. The veice of the Rey, John Whit- ing, D. D., of Mu was adjudged to-day to be worth $35,000 in a verdict awarded in his favor in the Queens County Supreme Court against the Long Island Rail- road Company. Dr. Whiting, who for seventeen years was pastor of the Claremont Park Congregational Church, the Bronx, became a lecturer for the In- terchureh Conference three years ago. He brought suit for $35,000 damages ainst the Long Island Railroad for jajuries he alleged he sustained Jan. 1920, after boarding a train at Murray Hill, He swore that the baggage car dour was open when the train started sud- ceply and threw him between the con- crete platform and the wheels, frac- turing three ribs, both wrists and his right leg. The injury to his ribs, ne alleged, ‘prevented his breathing and snterfered with his speaking, and the other injuries prevented him “fror gesturing naturally,” thereby inter- fering with his livelihood. N. Y¥. LEADS STATES IN SIZE OF GUARD Has 17,693 Troops—Porto “Ric at Top on Percentage Rating. All States except Nevada now have National Guard organfzations, sc- cording to a report of the War De- partment issued to-day at Governor's Island. New York State leads nu- merically with 17,693. Montang ha the smallest unit, seventy. This is barely enough to maintain recognition, as ‘the rules provide that there must be at least fifty In a company or before recognition may be extonded, and this must be increased battery to sixty-five within six months. Porto Rico, with an enrolment 99 per cent. of its quota, leads all State and Territorial organizations, Con- necticut Is next with 85 and N York stands fourteenth with 69 per cent. of its authorized enrolment, The present strength of the N: tional Guard is 132,000, including units with total strength of 6,089 added during Octobe oo Aldermen Begin Wlection Canvas, The New York © ity Board of Can- vassers, which con —¢8 Aldermen rep- resenting Manhatt to-day began a canvass of votes ca n Manhattan last election. The vote for Assoclate Judges was first can- asisted of a checking up of inspectors’ tally sheets, The elty xt be examined, and the of the Court of Appe vassed. This o Hieket will n | ether by special order, or on | their own responsibility, the poilce afternoon, She had In diamond | ay Hill, Queens, | | T the | Girl in Flight; Park Row pee. statue | o'clock a By Jury Verdict | minute riot Al *. panic, It wi | excited men and women Rev. John Whiting Recovers] bers while it lasted | began with of a woman from near It Street corner car m; 2169 votes on the Constitutional ainendments | the will th F. Mi ten days. be canvassed. Alderman John urt is Chairman of the Board of Canvassers, The work will take dvvaiad BRoOoMe TT Dora V. Seatt, ried off the honors in ' Moufits class. a granddaugl , former owner of Waldorf-Astoria , Seated on stick the Clasen Miles, George C. THE EVENING WORLD, WEDNESDAY, | NOVEMBER 16, $3000 GEMSLOST ‘THREE STRIKING MOUNTS WHICH MADE A HIT AT ANNUAL HORSE SHOW ONSHOPPING TOUR brother. the pride of Troop K of the White Plains Mounted Police, is shown John Blain in was the winner in the Troopers’ Mounts class. SCLOVER BROTHER” Witrt HORSE SHOW PRIZE the s | Man in Pursuit the neighborhood ot sey Marsh, w to-day ing his and his wif citement. in he through lowed young his hand, from F tracks from City a shouting, titude, eage for tion in a murder or j get out might have been raiding a ma The sandy store, close behind her. into the entrance Then th again, tomers. | other people Something glitt ing just as she Boutelle, y the night, “T had complained to the she said, son and Miss Marsh had been giving parties ‘ankfort Street and across the Hall Pak came! squealing, elbowing mul- witness participa- of bandits who young man The crowd Jammea behind them. crowd began coming out ing to look like candy eus- A nervous policeman diving in, paused at the soda fountain and asked questions “Girl lost her coldly. men rushe “Miss 3 garter,” he was told “Feller picked it up and tried to hand it back to her. nerve. “Thought they wern't any more? Thought they were r She lost her snd said: enough; let's & Johnson was hela Corrigan in $500 bail until K riday. sndA MELE aie aiaeds “STEWED EVERY NIGHT” ACTOR'S WIFE ALLEGES said the nosey man. “Aw cheese, BOY GIVES HIMSELF UP AS A SLAYER avs He Fired While- tack With Axe on His Little Brother. said the cop. And Habby In suppor ration suit on the inhuman treatment, submitted to Justice leged to hav , Stan Si in which he lewed every night" in in that condition until he court to-day James 293 Pleasant 4 Assistant Di day and cl ing the death of F , surrendered to rict Attorney Unger to- d himself with caus- Allesso of No bullet Street, fired one volver & alin shots with resisting an attack with Pagano's little brother, Silvio. According to tne police, shots killed Allesso wounded a pusher was held pending further Uon, U, S. GETS NEW BID ON MUSCLE SHOALS PLANT Tennessee Power if D WASHINGTON, of War Weeks to-day bid on the Muscle Shoals from W. 'T. offers to buy Government Wilson dam. he will take up the after the Henry Ford bid has received jcaretul consideration. Stanley m In Completed, unity about the th Tt is not secretary We James offer Peggy’s Hubby Smites Mary in Had Lost Garter Early A. M.Call Plot Enough to Gather Jay Gazers on Miss Daly Says Things Flew When Miss Marsh’s Dropped In. Johns ny “I didn't do anything wrong,” who was in his request for i "I merely walked room with my to call on he r said 1 to a table to her unconscious Meyer Legislative Commit that the committe hearings Noy, 29 to Ani number not by | Show ‘Squadron A was devoted largely to s in the charged with striking | Daly, who occupied a room lelasses of hackney horses originatly e Great Northern Hotel i |where it was famed for its wel learrying qualities yok Tuesday and her were p |horses hackney was bred and tral which We had just come in left our door slightly y when sudden! JOHN SLAIN OF “LUCKY NUMBER” LICENSES FOR AUTOS NOW BARRED; OWNERS MUST WAIT TURNS STORK IS LAVISH IN ITS GIFTS TO SINGLE FAMILY Bringing @ Baby, It Also Leaves Puppies, Hares, | respect, supplanting the Ame jtrotter which, twenty ye it flew open « , Miss Marsh, and two othe: noisily into the room ‘sh sat down in one of my lighted a cigarette, her legs aud announ' here to stay “Before I could began | from & » Well, dar say a pulling at the and tore it up by the roots, ran over were two boxes of cand, them out of the window. to protest and he hit me in the (ace. r that Miss Mars ‘Well, T guess we've done on which the: Tags for 1922 to Be | Over Counter Under. First Come First Served Rule. Automobile owners who heretofore hand-picked ci 8 will be di. learn of the decision, appointed when | the home of Isuae Devons in heavy Wrote He Intended to nuarching order. Keep So Until Death, of her applieation for ali- mony and counsel fee pending her sepa- ground of crue! and May Stanley Mullan letters al- been written her 4 vaudoville per- ‘ax Commicsion, 1922 allotment of numbers will be in crder of the ap Devon hone, shed and barns he rrier puppies. Six new Belgian hares numbers nor renewal will be gran Mrs. of old numbers ations with requ a now Maltese kittens, |TWO WOMEN ELECTED | | TO OFFICE IN JERSEY One In Tax Collecto: nley, at the Automobile and Intended lowed y and $500 cou! > letter was no ange hers want the seri Other saxtice ploy but if his wife could get » better than he titled to her selection, ssed to love her, jouble crossed” him, a) e else occupied BELVIDERE, woman were recent election in Warren County, o Hector and one as dustise While he pro- he charged that she Another wanted the number of asked 4hat the a his attention it 2 she did not fig! | years be renewed said she July 11, 1919 0 children husband broke lapplicants will have ued In turn * | tions at 62d Stre |nue, and on taking them to Headquar- vehicles of © Resumes imus Nov. 4 Brown, che Mrs. Sidner’s assigned to municipalities Applications MISS CLAVEN MILES OP IN HACKNEY CLASS WON BY W.H. MOORE: His Seaton ‘Sixon Defeats Entry From England—Other Winners To-Day. * — - e ul Horse the armory of Cavalry The third day of the Natio used as a saddie horse in’ England, and endurance fore the days of the railroad, On» of the hackney’s outstanding records wa de sixty or seventy years ago, wien rried a man weighing 168 pounds over a distance of 100 miles in ten hours and repeated the performance on the following day tae Iroads did away with th sity of long-distance saddle ed for the carriage, and he is now con- sidered one of the greatest in this an nec 8 ago, pr ticully reigned supreme Although many valuable stallions have been imported to this country nd in the last thirty years, the outstanding horse of to-day, in the opinion of many of the foremost horsemen, is the stallion “Marlboro, owned by Judge Willlam H. Moore, who brought him from England and placed him in his Morristown stables. Judge Moore won a notable victory in Class No. 18 for the best hackney 2 hands with Seaton Saxon, whose sire is Marlboro, He defeated the English-bred horse, Sal ford Victor, owned by 1 Knowles of Manchester, England Third and fourth choice went, respec- tivley, to Ambassador, owned by A M. Atkinson, and Seaton Dunbar owned by R. Lawrence Smitl Other winners were Class stallion over 1 2h—Hackney ponies for best stailion, 14.2 ington Aristocrat, owner, J. Mvey Willets; second, Irvington Autocrat, owner, Mr. Willets; third, Hamilten Model, ow , James Cox Brady. Class 27—-Hackn class for the best two fools, any weight, out of the same hackney pony mare (registered), 14.2 and under First, Produce of 1 Tevington Bounce DL, owner, J. Macy Willets; second, Produce of 3289, Imp. Sedoenia Hami lten Little Wonde. owner, James Cox Brady. ——— TRAFFIC VIOLATION UNLUCKY FOR FOUR and under. Birst, Irv t e Theft Charge Sackett and Hilt Arrested By Motoreycle Poll eurly to-day arre ouromen in an Mg tratfic regu t and Amsterdam Ave- au bile for ¥ ters discovered their machine ts one orted stolen from Bert Kopbill of No, corresponding date Gas Hearings Pat : Girt Dies After Plasing With city. dey Hn publicly inys in the hearings hopes to finish {t< wh when the char- § ital ‘om bi ict revielon ‘omits ‘wil’ Begin its 1 to-day, from ams 0 of, the face and Borough Gas Cor pode, whe received at her for the next hearing w: the Supreme Court | West 66th Street, and John ‘Touhiti, ome yesier- he action Ww known, West 112th St four described themselves a h robbery; William Bul y-nine, of Haverstraw, N. ¥.; Sulsona, twenty-nine, of No. 426 | Oppressive Agreement” Vatid der op, REFUSAL TO SIGN. INFLATED LEASE UPHELD BY C0 eral totes “Unreasonable Rent Unter Reason Not to Renew Lease. «ats tion of several landlords in non-pay~ ment proceedings to have the defend of “unreasonable and unjust rent ane exsive agreements” stricken oul This decision will affect many similar ex es in the Municipal Corts wherein the landlords have sought .to have this defense nullified under the: rent laws of 1921 In the cases before — Justiopes Davies non-payment proceedings we brought to dispossess apartment tem ants who had paid a fixed rent ae leases expiring Sept. 30, and who the month of October, there being no renewal of the lease, sought to inter= 4% pose the defense of “unreasonable and unjust rent under oppressive agree- ments," JJustice Davies ruled the Appellate decisions construing the housing .aws of April, 1920, and September, 19 had determined that any tenant un- der an agreement made after April 1, 1920, had a right at any time during the life of the laws to interpose that statutory defense, and the court's duty was to fix the fair and reason- able rental, If the rent claimed was no greater than that paid within thé preceding twelve months, then thé burden of proving the sald defense * was placed upon the tenant, other? wise upon the landlord. “As counsel for the various land- lords here contend, the Legislature in tended to place some limitation upoid the rent payment period du which the tenant must exercise right to obtain a review of the re sonableness of the agreement. “By its repeated use of the wll eement,’ is clearly appears, low: ever, that this limitation was in- tended to apply only during the 1% of the agreement in question. The landlord's contention is that oe! pancy after the termination date ‘of the various leasses ix that of a cor-" |mon law holdover under implica” ” agreement, “Our Appellate Term, First Depart ment, has, however, stated that fore the enactment of recent legisfs option of treating the tenants vee 8 trespassers or as tenanta wn a rw hiring upon the same terms 8 ‘the previous leases, This right the ndjord has heen suspended, and & rew form of tenancy created, unde which a tenant is permitted to main in possession without periiis< ion of the landlord, and the land- lord may bring an action to recover a fairy and reasonsable rent for the premises while in the possession of fe tenant. his action was therefore brousiit of defendants appellants that they must be treated either as trespassers, in which event the complaint shoot have been dismissed, or as tenants for a new hearing under the term of their old leases, Is erroneous. “Prom this It will be seen that them § tenants are not now holding by agre ment, but as tenants under an emer gency statute, and Chapter 434 of t Lawa of 1921 Was no application {19 them, The landlord motions to strfixé out the statutory defenses are thav~ tore denied, and the proceedings Wi't be continued in accordance with (Aq provisions of the Housing Laws.” en FIREMAN GUILTY OF RECEIVING STOLEN AUTO Under er Sim Lucas Twe ¢ Stephen Lucas, a elty fireman liver «t No. 318 Grand Avenue, Long Isinud City, Kidge Mulqueen in the Court of Ges ral Sessions to-day on a charge riminally receiving stolen prop vbile owned by David M. 1815 Seventh Avenue, was stolen 28, 1920, from Im front of his Tt was watued at $1,760. It w ‘overed three weeks later and man in whose possession it was fog proved he had obtained it from Lueag., Maurice Kelly, also a fireman, tested Lucas had tried to sell the car to hin He declined to buy when he discovered the numbers had been tampered with Lawas ix olag under Indictment in two other cases. He will be wentenced on Nov. 35, on SSS es, STREET LIKE RAINBOW AFTER AUTO CRASH et and Colors rect Painter's Track Fly tn All Max J. Klein, a real estate agent of No. 2% Mount Morris Park, driving a Cadilac car theough Willis Avenite, struck the hind part of a Ford track rossing 189th Street. The truck, owned by Louls Greenman, @ painters in addition to carrying the owner an@ helper, Louls Meister, contained ladens: and many cans of paint of various. colors, The heavier car swung the truce about and spilled the contents until the" was th tree and bruis twenty-foug, of No, 109 West 434 Street, Pe SOS rer Maa aa Justice Davies of the Seventh Dike trict Municipal Court to-day handed! down a decision denying the applieda**’ cage LL AA OO = ‘ i | tion the landlord would have had £yal¥, in proper form, and the contention Pe se Saget ee as convicted by a jury before... colors of Jacob's coat, 9 * man and Meister were taken jay anc Lincoin Hospital suffering trom chisirmw Nathan Egnus, driven, nfsower: the truck, made a complaint egaince:<” Klein, who wai arrested on @ charge ug"!