| Show DEPEND I UPON A DIVORCE Widow of Rich Rioh Benjamin Hart Surprised by Seeing 0 Decree ASSERTS IGNORANCE OF IT Declares She Was Never N NOtified Notified Noti NOti- ti- ti fied Divorce Suit Was Pending I Now New York Oct 10 Mrs Estello Estelio Kitty Hart who claims a n. dower right in the tho 1000 estate of or Benjamin Hart the tho wealthy American who died In Paris laris last February has haa tiled filed hot hof affidavits to the allegations that she Is barred h by divorce decree secured In 1883 Sho Sue did not know of or tho the di divorce di- di vorce until it was referred to tho the trial a few V C days ago sho she says and declares that sho was nover never served with notice that a divorce suit was wa pending Last week In the surrogates surrogate's atos ato's court Michael Hart who lives JIves at the tho NewYork New NewYork NewYork York Athletic club created a sent sensa sensation tion by hy offering a decree signed by Justice Michael Donohue In 1884 ISH di divorcing dl- dl Eltelle Kitty Kilty Hart from tin till millionaire The nephew got the tho bulk bulJ o of tho the estate Hart who founded his fortune b by peddling clothing in Virgina Virginia Vir Vir- gina ginia lived in Paris for tor 25 years cars an and kept a magnificent house In Rue Gal Gal- Illes flies Ills His housekeeper Madame Gabrielle Ga- Ga bridle brielle Juliette do Brie Brio was liberally provided pro for but an adopted daughter Isabelle Isabella Luches was cut off ote without n n. cent Adopted Daughter later Contests Will m The adopted daughter Is la now the tho wife wiCe of M. M I. I Jean a promInent prominent prom prom- merit French diplomat Tho The widow and anti Mme Guillemin aro contesting the tho Will Tho The only vl visit lt Hart made to the United States was Just previous to the I Institution of the tho divorce proceedings While Whilo ho was here his wife o was In I Paris at her husbands husband's residence She Shedid dill did not hot know lenow what his purpose was In visiting New York She sa says s 's From tho the time of ot tho the decree I have never married and havo always claimed to be the wife or of Benjamin Hart HarL Tho The affidavit embodying the divorce decree accused Mrs Irs Hart of misconduct with Count Magellan l at Paris Dieppe Lyons Lons and other cities In France Great abuso abuse of ot the question of or di divorce divorce IlI- IlI vorce has long been prevalent Lawer Lawyer Lawyer Law Law- yer er Franklin Bleu Dien who appears for or ortho tho widow declares In his brief especially especially es to divorces obtained under under- orders orden of ot publication and service without without without with with- out the tho state He charges Hart with having como come to Now York for or the sole solo purpose of getting a divorce although under tho the code of or this state ho was not entitled to a a. decree Woman's Womans Honor Attacked t. t 1 Therefore the brief brier concludes conclude as the honor antI and Integrity Integ of or the petitioner Is attacked b by tho paper purporting to be a decree of or absolute divorce every opportunity should be he given her to protect her good name minnie and character Because of ot tho the difficulty of or procuring procuring ing affidavits of or persons who knew the habits business and social relations relations rela role of or Hart In 1883 Mr 11 asks s tho the court to a assist Mrs Hart In every way U to provo prove that she sho Is not guilty of ot tho the charges upon which th tho divorce was was' hissed SO and says says' the tho b best Hl way would bo he to appoint a 0 commission to hear heal witnesses both hero here and In Paris S Mrs Hart at at the time the NewYork NewYork New NewYork York dl divorce was as obtained had nc never ncr neverseen neverseen r seen the seashore There Is so much conflict of ot the law In iii tho the case caso that It undoubtedly will go to the United States Supreme court I I. I |