NAWSA Subject File Leslie Woman Suffrage Commission –. Litigation PRESS OF FREMONT PAYNE, 47 Broad St. – 'Phones, 2277-78-79 Bread. Supreme Court APPELLATE DIVISION–FIRST DEPARTMENT. In the Matter of The Estate of FRANK LESLIE, also known as MRS. FRANK LESLIE, also known as the BARONESS DE BAZUS, deceased. BRIEF FOR THE RESPONDENT, MAYNARD D. FOLLIN. Statement. The briefs on behalf of the respondents, William Nelson Cromwell and Louis H. Cramer, Executors of the Last Will and Testament of Frank Leslie, deceased, and of the respondent, Carrie Chapman Catt, the residuary legatee under the Last Will and Testament of Frank Leslie, deceased, are so complete in their statement of the facts upon this appeal, and are so exhaustive in their analyses of the papers presented to the Court upon this appeal, 2 that the respondent, Maynard D. Follin, simply desires to submit for the consideration of this Court a short brief to emphasize rather than attempt to amplify the contentions upon behalf of the respondents upon this appeal as set forth in the briefs referred to above, and to join and acquiesce therein. When the petitioner-appellant made his application to Mr. Surrogate Fowler, the denial of which is the subject of this appeal, your respondent, Maynard D. Follin, joined with the respondent, Carrie Chapman Catt, in a motion to dismiss the appellant's petition upon petitioner's own papers. The respondent, Maynard D. Follin, is not mentioned as a legatee or otherwise in the Last Will and Testament of Frank Leslie, deceased, but he is interested in this proceeding in that he is one of the heirs-at-law and next of kin of Frank Leslie, deceased, and in that he is an assignee of Carrie Chapman Catt of a part of the residuary estate of Frank Leslie, deceased. POINT I. The motion of the residuary legatee, Carrie Chapman Catt, which was joined in by the respondent, Maynard D. Follin, to dismiss the petition of the appellant upon petitioner's own papers, should have been granted. This proceeding is comparable to any litigation instigated in any court of law or equity. A complaint must allege enough facts to constitute a cause of action, otherwise it is demurrable and 3 dismissed without the hearing of any testimony, and upon the showing made by the plaintiff alone. So in this case; the petitioner cannot inject himself into this estate as one of the necessary parties to the probate of the Will, unless as a preliminary step he presents to the Court sufficient credible testimony in the form of affidavits which would lead the Court to believe that the petitioner had some color of right. This the learned Surrogate below held in so many words that the petitioner had not done. He said, "to my mind the evidence purporting to support the claim in this instance is of the most inadequate and nebulous kind" (fol. 1913); and further, "On the merits of the papers presented in this matter it would seem that the origin, life and memory of the deceased lady are most unjustly attacked" (fol. 1915); and again, "I must say that on the papers submitted to me the contention of Mr. Leslie's heirs-at-law, in respect of Mrs. Leslie's status, is entirely disproved" (fol. 1917). There is in the opinion of the respondent only one vital question presented upon this appeal, and that is upon the petitioner's papers did he show enough facts to warrant the Surrogate in allowing him a day in court for the purpose of proving the allegations set forth in his moving papers? Presented baldly, this question is, did the petitioner allege that he had in his possession facts concerning the illegitimacy of Mrs. Frank Leslie, deceased, sufficient to warrant a hearing upon them? An examination of his papers would seem to warrant the conclusion of the Surrogate that he did not. It is conceded by the petitioner throughout his papers that Charles Follin was the father of Miriam Florence Follin. Then upon his own papers he 4 proved, first, by competent records, that is, by the papers in the action of Peacock vs. Peacock, that Susan Follin was the mother of Miriam Florence Follin, or Mrs. Frank Leslie (fols. 176, 179, 202, 244, 259-60, 276, 280); second, he attempted to disprove this fact by incompetent hearsay evidence, that is, declarations of the relatives of Charles Follin, the alleged putative father, that Miriam Florence Follin was the illegitimate daughter of a negress slave. If we concern ourselves with the papers submitted in opposition by the executors and by your respondent, we become at once involved in the elaborate discussion of the facts as shown by these papers, which has been carefully prepared by both the residuary legatee and the executors. The conclusion seems inevitable that the petitioner did not show facts sufficient to warrant any Court in allowing him a trial of his allegations. It is the respondent's contention that the doctrine laid down in Crispin vs. Doglioni, 3 Sw. and Tr., 44, that a putative father is not a legal relative of an illegitimate child, and that his declarations cannot be heard in a case involving the pedigree of such child, is the law in the State of New York, and was made so, if it has not always been so, by the decision of the Court of Appeals in the case of Aalholm vs. The People, 211 N. Y., 406, in which the Court said, at page 419: "Any extension of the hearsay rule in regard to pedigree permitting declarations by persons not related by blood or marriage to the person from whom descent is the matter in issue, would open the door to frauds and un- 5 certainties, which should not be invited or encouraged." In this sentence the Court certainly preconceived the case at bar. The presumption of legitimacy is the strongest presumption known to the law. For the petitioner to be allowed, after eighty years, to attack the marriage of Charles Follin and Susan Follin, and the legitimacy of Mrs. Frank Leslie, deceased, he must show something more than the vague and indefinite hearsay declarations of distance relatives of Charles Follin, whose statements, if they are true, would immediately render them incompetent; for if the alleged putative father, Charles Follin, could not give testimony, and his declarations concerning the legitimacy of Mrs. Frank Leslie could not be heard, how indeed could his relatives or their declarations be competent when they very thing that they claim is that they are not related to the deceased Mrs. Frank Leslie, either by blood or by marriage? POINT II. The pedigree of respondent, Maynard D. Follin, is conclusively shown by petitioner's own papers, and the papers submitted in opposition. The petitioner's own papers show conclusively the lineage of Maynard D. Follin. They show, first, that Charles Follin, the alleged putative father of Miriam Florence Follin, Mrs. Frank Leslie, deceased, was born September 30th, 1799, that he left an only son, Ormond Follin, born in the year 1832 6 (fols. 43, 112, 117, 490, 526, 594, 637-8, 648, 650, 653-5, 672-3, 679-80, 715), and they show also that Ormond Follin had one son, the issue of himself and his marriage to Miss Dauchy of Troy, New York, Maynard D. Follin, the respondent in this proceeding (fol. 676). If this is not sufficiently conclusive, however, as to the lineage of Maynard D. Follin, the Court is referred to the affidavit of Nathan Dauchy, a brother of Jessie Maria Dauchy (Fols. 1781-90), and the affidavit of John V. Dauchy, another brother of Jessie Maria Dauchy (fols. 1797-1812 incl.), the latter being actually present at the wedding of Ormond Follin and his sister, Jessie Maria Dauchy, and almost an eyewitness of the birth of the respondent, Maynard D. Follin, having been shown the baby within four hours of its birth, and further the record of the marriage of Ormond W. Follin and Jessie Maria Dauchy in St. Paul's Church of Troy on April 22nd, 1863, and of the baptism of Maynard D. Follin, the respondent here, on April 17th, 1864, as the son of Ormond W. and Jessie M. Follin (fols. 969-976 incl.). Petitioner's own papers also show that Caroline C. Trescott, wife of Charles Follin and the mother of Ormond Follin died October 30th, 1833 (fol. 112); they also show throughout that Charles Follin was the father of Miriam Florence Follin (Mrs. Frank Leslie), and that Susan Danforth Follin was her mother (papers in Peacock vs. Peacock, fols. 145-298). The marriage of Charles Follin and Susan Danforth and the legitimacy of the issue of that marriage, Miriam Florence Follin is shown in the petitioner's own papers by the long continued reputed relationship of father, mother and child existing between these three which is not impeached in 7 the petitioner's papers and which is conclusively shown by the letters in the opposing papers between Miriam Florence Follin and various members of the Follin family. Ormond Follin was therefore a brother of the half blood of Miriam Florence Follin and his son Maynard D. Follin her nephew of the half blood and one of her heirs at law and next of kin. POINT III. Respondent is entitled to a decision dismissing this application in this Court upon the facts. A careful reading of the petitioner's papers shows: first, that on their face there was a plain attempt upon the part of the petitioner to besmirch and vilify the memory of Mrs. Frank Leslie. Papers were submitted upon that application and are before the court in the form of affidavits attached to the petition, made by persons who would be incompetent to testify were they called as witnesses in open court, and the facts alleged in such affidavits would be incompetent for any purpose whatsoever in this proceeding were they likewise offered as testimony. Reference is particularly made in support of this assertion to the affidavit of Anna E. Haws (fols. 681-688), in which it is alleged that the mother of the deceased Frank Leslie was "a keeper of a house of ill fame." This fact, if true, could have no bearing upon the question of whether the deceased was legitimate or illegitimate. In further support of this assertion that the appellant has submitted scandalous and incompetent affidavits, attention 8 is called to the affidavit of Clarence D. Lecy (fols. 721-728), which described the decedent as of mixed white and Negri blood, and contained the statement which practioner's attorney must have known was absolutely incompetent, "during that time I have often heard a number of her acquaintances say that she, said Mrs. Frank Leslie, was an illegitimate child." The respondent here, Maynard D. Follin, one of the next of kin of the deceased Mrs. Frank Leslie, has a right and does ask this Court to give him something more than a decision academic in its nature upon the petition here presented. It is all very well to dismiss this application upon a technical point of law, but this bit of scandal, promulgated by the petitioner and attempted to be supported by other scandalous allegations of facts absolutely incompetent and immaterial to this proceeding has been noised abroad and has received a great deal of notice and attention in the public press, which does not all times present a full, complete or true statement of the contentions of the parties. The family, therefore, of the deceased Mrs. Frank Leslie, are in the position of having this attack made upon its ancestry without as yet any complete vindication of the charges made against the memory of Mrs. Frank Leslie, deceased. The allegations of the petitioner are so flimsy and unsubstantial as to have led the Surrogate to say that they were of the most "inadequate and nebulous kind," "that the origin, life and memory of the deceased lady are most unjustly attacked," and "that the contention of Mrs. Leslie's heirs at law in respect of Mrs. Leslie's status is entirely disproved," but unfortunately the Surrogate was 9 pleased to base his decision not only upon this conclusion which he reached, but also upon his construction of the Decedent Estate Law. In this respect, while far from the intention of the learned Surrogate, the stigma of these charges has not been wholly removed from the public mind, such as a complete disposal of the application upon the facts would have done. It would seem in view of the nature of the charge brought against Mrs. Frank Leslie, deceased, and consequently against her next of kin, which the petitioner attempted to support by entirely extraneous and incompetent matter, which did not touch at all upon her legitimacy or illegitimacy, that the next of kin ought to be and are entitled to a decision from this Court that the papers upon which the petitioner went before the Surrogate in this application were entirely insufficient to warrant the Surrogate's Court in even hearing any evidence concerning the facts alleged, and that in view of the affidavits and legal evidence presented by the executors and your respondent in opposition thereto, entirely removed the force of the petitioner's allegations and rendered all of his affidavits entirely unworthy of credence. POINT IV. Petitioner should not now be heard to complain of the form of the disposal of his application. In view of the expressions of the learned Surrogate upon the facts contained in appellant's papers and those submitted in respondent's papers, 10 it is futile upon the appellant's part to attempt to limit the scope of this Court's review of the decision and findings below to the academic question of whether Mr. Surrogate Fowler was right or wrong in placing the construction he did upon Section 91 and Sub-division 16 of Section 98 of the Decedent Estate Law. For what reason--simply that the appellant desires to have an academic question of law passed upon by this Appellate Court? Of what moment is it that his proceeding ended in the Court below by findings and a decision or whether it ended by an order? He began the proceeding himself by a petition and a notice of motion. What cause of complaint has he in that respect, and why should the distribution of this estate be held up by the form of a paper entered upon a decision which effectually disposed of the appellant's contention? Having chosen to bring on this proceeding in this way, and upon to voluminous papers which have been submitted to Court by the petitioner-appellant, he should not now be heard to say that he has not had a chance to prove his own status on this case, or in other words, that he has not had his day in court. He submitted himself and his papers to the judgment of the Court, and that judgment has been rendered adversely to him both on the law and on the facts. The respondents all followed the same practice initiated by the appellant. It goes to the good faith of the appellant in that now he repudiates his own practice and wishes to present orally what formerly he was willing to and did present in affidavit form. There is no suggestion that he has other proof to offer to yet before the Court of any different character or probative value than he has already incorporated in his petition, and moving 11 papers. Of what apparent value to petitioner will be the change of typewritten word to the spoken word before a Court which has already decided adversely upon the facts presented? We are at a loss for other than a negative answer unless indeed it be that the delay already incident to this proceeding (two years) and the subsequent delay incident to an oral hearing will prove so vexatious to the legatees under the Will that the petitioner hopes to force them to settle with him and thus purchase their immunity from future law suits and proceedings. It is conceivable that the petitioner can continue this proceeding for the next several years, if the subterfuge adopted by him in his brief of attempting to limit the scope of this Court's decision to that of passing upon law raised by him in exceptions to the decision of the Court below. It is noteworthy and significant that he ignores the facts entirely in his brief. He does not say even impliedly "I have a meritorious case and on the following facts, etc., I should have a day in Court." Obviously the reason for this is that the petitioner could have no quarrel with the learned Surrogate upon his decision upon the facts and seeks to perpetuate ad infinitum this litigation to the end that the necessities of the legatees will coerce them into buying their peace by seeking a construction of the Decedent Estate Law, from which he can prosecute further appeals. 12 POINT V. The decision of the Court below should be affirmed and the proceeding instituted by the appellant should be dismissed upon the law and upon the facts, with costs. Respectfully submitted, WILLIAM A. YOUNG, Esq., Attorney for Respondent, Maynard D. Follin, Office & P. O. Address, 115 Broadway, Borough of Manhattan, City of New York. ARTHUR JONES, Esq., of Counsel. 21592- Surrogates Court New York County, In the Matter of the Estate of Frank Leslie:- Also known as Mrs. Frank Leslie, Also known as the Baroness Debazus, deceased. - - - - - State of Alabama, County of Mobile, Hortense Follin, being duly sworn, says:- South I reside at No. 9/Hallett Street in the City of Mobile, State of Alabama, and am the same person who made an affidavit on April 30, 1915, which I am informed is being used by one James H. Westcott, as Attorney for one Alfred Leslie, upon a motion pending in the Surrogates Court of New York County, in the State of New York, in relation to the estate of Mrs. Frank Leslie, deceased. Said affidavit was made by me at the request of said James H. Westcott, and was drawn by him and not by me. My recollection is that when it was signed there were present only myself, said Westcott, and Marion E. Davenport, who took the same as Notary, and that I did not personally read it before signing it, but that it was read to me upon the occasion of my signing it. After I had signed the same, said Wescott took the original away with him, and I have not seen said original since. A copy of said affidavit, together with the papers purporting to be copies of certain other affidavits being used by said Westcott upon said motion have recently been shown to and read by me, and since reading the dame, I find that my said affidavit requires explanation, modification and correction in a number of particulars. I am a woman entirely inexperienced in legal matters, and had no independent legal advice at the time I made such an affidavit before in my life. My father was Armond Agustus Follin, and my mother's maiden name was Vallentina Acuna. My parents resided in Omoa, Honduras, where I lived before I came to Mobile, and I was one of thirteen children, all of whom are now dead, except two sisters and myself. I was brought to Mobile in April or May 1858, by my brother Charles, who on the same trip took my sister Virginia back to Omoa, with him. I was sent to Mobile to be educated and both my brother Charles and my sister Virginia were educated in the United States. After I came to Mobile, I never saw either of my parents again, my father dying in 1861, and my mother in 1863, if my memory serves me. From 1858 and for several years thereafter, I attended the Convent of Visitation at Mobile; in 1858, and 1859, and I think for two years thereafter, I was a boarding scholar at said convent, and while I was a boarding scholar I did not live at the home of my aunt, Mrs. Davenport, except during vacation time, which was in July and August of each year. I did not therefore spend any four consecutive months at the house of my said aunt, Mrs. Davenport, while Charles Follin, my uncle, was living. I remember my uncle Charles Follin very well, but I do not regard it as in any way remarkable that I should never have heard him speak of a daughter or wife or son-in-law. I was a very young child when I came to Mobile in 1858, and I did not then speak the English language, but Spanish only, my mother being Spanish, and I having lived up to that time in a Spanish speaking country. My relations with said Charles Follin were principally confined to his teaching me the French language in va- cation time, and I remember that I thought him a severe master. He was very uncommunicative outside of the subject of the lessons he gave me. As to the statement in my said affidavit that I always understood up to the time of the death of my uncle, Gorham Davenport, that said Charles Follin had been married but once, and that was to Caroline Trescott, and that he had but one child, Ormond, and that said Ormon was named after my own father, said statement requires correction. I do not remember any member of my family ever having said that Charles Follin was married but one time, or anything about it. I do not remember ever having heard the name of Caroline Trescott until recently and since Mrs. Leslie's death, and if I ever heard the name before, I do not recall the circumstance. All that I recall ever having heard as a young girl is as follows. One day while I was still a school girl, I was fixing up my aunt's Mrs. Davenport's wardrobe, and came across a daguerrotype of a beautiful woman, and when I asked my said aunt who it was, she said it was my aunt Susan, my uncle Charles' wife. I remember that Susan was the name she used, and not any other name. Either on the same or a different occasion, I found a daguerrotype of a young man whom my said aunt told me was my uncle Charles' boy Ormond. Ormond I never knew or saw. I never heard my uncle Gorham Davenport mention Charles Follin's family or any member of it, one way or another, and except as I have stated, I never as a young girl heard my aunt Mrs. Davenport say anything about them that I can recall. The Follins were French people, and it is not the custom among the French people to talk about family or business affairs in the presence of children. Of course, in later years, I have heard my said aunt Mrs. Davenport speak of Mrs. Leslie. I remember that she once remarked that she believed that Mrs. Leslie thought her father had left money and given it to her, Mrs. Davenport, but I always understood that Charles Follin died insolvent. I do not personally remember two visits made by Mrs. Leslie to Mobile, though I have heard it said she was here twice. The only visit I can personally recall was on the occasion of her bringing to Mobile her play "The Froth of Society". My recollection is that she was in Mobile on that occasion not more than twenty four hours, and that she was at my aunt's Mrs. Davenport's house, not over three hours all told. That she did not on that occasion mention her mother in my presence, I regard as in no way remarkable for I do not remember any occasion for her doing so. Mrs. Leslie corresponded with me for a number of years. As to the statements in my said affidavit, that I know from what I have heard from members of my family since my uncle Gorham Davenport's death that Mrs. Leslie "claimed" that Charles Follin was her father, and "claimed" that my aunt Mrs. Davenport was her aunt and "claimed" to be related to the Follin family, the word "claimed" and the phraseology used imply a doubt which I never in- tended. The language and phraseology are not my own, but that of the person who drew such affidavit. Until 2 after her death, I never heard anyone raise the slightest question but that Mrs. Leslie was Charles Follin's daughter, and my said aunt, Mrs. Davenport's niece, and my own cousin, and that she was related to the Follin family in precisely that way. When she was at my said aunt's in Mobil, Mrs. Leslie addressed said Mrs. Davenport as "Tante", and Mrs. Davenport addressed Mrs. Leslie as "Marion", that, instead of Miriam, being the name we knew her by, The Marion E. Davenport who took said affidavit as Notary, is a granddaughter of my said aunt, Mrs. Davenport, and was named Marion after said Mrs. Leslie. While it is true that I never heard my said uncle or aunt say that Carrie Wren or Alfred N. Follin, were the grand children of Charles Follin, neither did I hear them say that they were not, or in fact anything about them. I do not wish to have my said affidavit construed as an implied endorsement of the statements that I have said a Mr. Schindler made to me. I have never heard my uncle Gorham Devenport or my aunt, Mrs. Davenport, of any member of my family, state, suggest or hint, that Mrs. Leslie was not legitimate, or was not the legitimate daughter of said Charles Follin, or was of mixed blood, and until after Mrs. Leslie's death I never heard such an imputation from any source. I remember Mrs. Leslie as a very beautiful woman, without the least sign of any such thing as mixed blood, and I believe I would have observed anything of that kind, as I have lived all of my life in the south. Sworn to before me, this the 17th day of august, 1915 [*7*] [*March 16, 1917*] KNOW ALL MEN BY THESE PRESENTS, That I, MAYNARD D. FOLLIN of Detroit, Michigan, being one of the heirs at law and next of kin of FRANK LESLIE, otherwise known as the Baroness de Bazus, late of the County and State of New York, deceased, for and in consideration of the sum of One Dollar ($1.00) in hand paid to me by MRS. CARRIE CHAPMAN CATT, receipt whereof is hereby acknowledged, and of the terms and conditions of two (2) certain instruments in writing bearing date January 22nd, 1915, made and entered into between me and said CARRIE CHAPMAN CATT, have remised and released and by these presents do remise and release to said CARRIE CHAPMAN CATT, her heirs, executors, administrators and assigns, any and all interest of whatsoever nature or description which I have at any time had in the Estate of said FRANK LESLIE, deceased, as heir at law and next of kin or otherwise. IN WITNESS WHEREOF I have hereunto set my hand and seal this 16th day of [February] March, 1917. Maynard D. Follin STATE OF MICHIGAN, SS: COUNTY OF WAYNE, On this 16th day of [February] March, 1917, before me personally appeared MAYNARD D. FOLLIN, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. Frank O. Tasche Notary Public in and for Wayne Co. Mich My Commission Expires March 5 -1919 [*7*] [*Jan 13, 1917*] SURROGATE'S COURT NEW YORK COUNTY In the Matter of the Estate of Frank Leslie, deceased, also known as Mrs. Frank Leslie, and the Baroness de Bazus. KNOW ALL MEN BY THESE PRESENTS, that I, Maynard D. Follin, of the City of Detroit, Michigan, in consideration of the sum of One hundred thousand ($100,000.) dollars which has been paid to me pursuant to an assignment from Carrie Chapman Catt to me of part of her residuary interest in the Estate of Frank Leslie, deceased, which said assignment was dated January 22nd, 1915, and in pursuance to an agreement entered into between the said Carrie Chapman Catt and myself, dated January 22, 1915, and do hereby release said Estate of Frank Leslie, deceased, and the said Carrie Chapman Catt from any and all claim or claims or liability under the said assignment, dated January 22nd, 1915, and under said agreement dated January 22nd, 1915. IN WITNESS WHEREOF I have hereunto set my hand this [13th] day of January, in the year one thousand nine hundred and seventeen. Maynard D. Follin CITY AND COUNTY OF NEW YORK, ss: On this 13th day of January, 1917, before me personally appeared Maynard D. Follin, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. John J [Lordan?] Notary Public 182 New York County Signed Copy Fallin Put back in safe Have duplicate Jun 2-1917 Maynard D. Follin of Detroit, Michigan, and Carrie Chapman Catt, of the City of New York, New York, hereby mutually agree and contract; FIRST: That the said Carrie Chapman Catt will pay to the said Maynard D. Follin, out of the first moneys which she receives as residuary legatee from the Estate of Frank Leslie, deceased, the sum of One thousand ($1,000.) dollars in lieu and in payment of all claims of the said Maynard D. Follin for disbursements or services rendered in connection with the contemplated settlement between the said Carrie Chapman Catt and Lonetta L. Hollander, Florence L. Weisbrod, Frank Leslie and Arthur Leslie, of their pretended claims in respect to the Estate of the said Frank Leslie, deceased, and also in lieu and full payment of all claim by the said Maynard D. Follin to any interest or claim to increment upon a certain assignment of the said Carrie Chapman Catt to Maynard D. Follin of a part of her interest in the residuary estate of the said Frank Leslie, deceased, dated on or about January 22nd, 1915, and the said Maynard D. Follin agrees to accept said sum of One thousand ($1,000.) dollars in full payment for the services, disbursements and interests or increment as recited. SECOND: That the said Maynard D. Follin, in consideration of the said sum of One thousand ($1,000.) dollars, agrees to have written and delivered to the said Carrie Chapman Catt, letters from Arthur Jones of Detroit, Michigan, and William A. Young of New York City, New York, in which they will state that they make absolutely no claim against Carrie Chapman Catt for services or disbursements -1- in connection with the settlement between the said Carrie Chapman Catt and the Leslies as recited. THIRD: That the said Carrie Chapman Catt agrees, in consideration of the foregoing, and the acceptance by the said Maynard D. Follin of the sum of One thousand ($1,000.) dollars in full payment of all his said claims as recited, that she will not now, or at any time in the future, make any claim against the said Maynard D. Follin, for any part of the transfer tax levied or about to be levied by the State of New York upon the residuary estate of Frank Leslie, deceased, or upon that part of it which was assigned by the said Carrie Chapman Catt to Maynard D. Follin by assignment, dated on or about January 22nd, 1915. FOURTH: It is the purpose and intent of this agreement that the said Maynard D. Follin shall receive from the residuary estate of Frank Leslie, deceased, the sum of One hundred thousand ($100,000.) dollars as heretofore assigned to him by Carrie Chapman Catt as aforesaid, without deduction therefrom, before the said Carrie Chapman Catt shall receive any part thereof, and that from the first payment made to the said Carrie Chapman Catt from the residuary estate of Frank Leslie, deceased, said Maynard D. Follin shall receive an additional One thousand ($1,000.) dollars. FIFTH: It is also understood and agreed that this contract is not intended to and does not change or vary, add to, or subtract in any way, shape or manner, -2- from the said assignment from Carrie Chapman Catt to Maynard D. Follin, dated on or about January 22nd, 1915, except in so far as it applies to the interest or increment on said assignment now claimed by the said Maynard D. Follin. Dated, New York City, January 2nd, 1917. In the presence of John J [Lordan?] Maynard D. Follin Carrie C. Catt CITY AND COUNTY OF NEW YORK as: On this 2nd day of January, 1917, before me personally appeared Maynard D. Follin, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. John J [Lordan?] Notary Public 182 New York County CITY AND COUNTY OF NEW YORK as: On this 8th day of January, 1917, before me personally appeared Carrie Chapman Catt, to me known and known to me to be the individual described in and who executed the foregoing instrument, and she duly acknowledged to me that she executed the same . Sumpad H. Sarafian NOTARY PUBLIC, WESTCHESTER COUNTY, CERTIFICATE FILED IN NEW YORK CITY NO. 229 NEW YORK COUNTY REGISTER'S NO. 7259 -3- MAYNARD D. FOLLIN And CARRIE CHAPMAN CATT. AGREEMENT. [*this must be a supplementary agreement*] [*Duplicate*] [*May 23rd 1915*] MEMORANDUM OF AGREEMENT made and entered into this 22nd day of January, 1915, by and between MAYNARD D. FOLLIN of the city of Detroit, Michigan, as party of the first part herein, and CARRIE CHAPMAN CATT of the city, county, and state of New York, as party of the second part herein. WHEREAS said parties hereto entered into a contract in writing which bears date November 27th, 1914, for the purpose of settling controverted interests in the Estate of the late FRANK LESLIE, otherwise known as the Baroness de Bazus, and it is now desired to modify said contract and to cancel the same; therefore this agreement witnessseth as follows: FIRST: That it is mutually agreed between the parties hereto that the said contract which bears date as above stated shall be and the same hereby is cancelled, set aside and held for naught. SECOND: That in consideration of the cancellation of said contract an assignment has been made and executed on the date that this instrument bears date by the said party of the second part to the said party of the first part of an interest in the Estate of said deceased to the extent of One Hundred Thousand Dollars ($100,000) which is an absolute assignment to him and to his heirs, executors, administrators and assigns, which said assignment is made a part hereof. And it is hereby expressly covenanted and agreed on the part of the parties hereto that said assignment does not carry any personal liability against the said party of the second part. THIRD: It is represented by said party of the second part herein that she has made no other assignments of her interest in said estate except one to CARRIE H. WRENN bearing date December 4th, 1914. FOURTH: Said party of the first part herewith expressly covenants, promises and agrees for himself, his heirs, executors, administrators and assigns, that upon the receipt of the aforesaid sum of One Hundred Thousand Dollars ($100,000) provided for by the said assignment he or they will execute and deliver to said party of the second part, her heirs, executors, administrators and assigns a complete release of all his interest in the Estate of said Decedent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals this 22nd day of January, 1915. MAYNARD D. FOLLIN (L. S.) CARRIE CHAPMAN CATT (L. S.) STATE OF MICHIGAN, COUNTY OF WAYNE, SS: On this 23rd day of January, 1915, before me personally appeared MAYNARD D. FOLLIN to me known and known to me to be one of the individuals described in and who executed the foregoing instrument, and he duly acknowledged that he executed the same. JULIUS L. KRIMMEL, Notary Public, Wayne County, Mich. My commission expires Dec. 17 - 1917. STATE OF NEW YORK, SS: COUNTY OF NEW YORK, On this 22nd day of January, 1915, before me personally appeared CARRIE CHAPMAN CATT to me known and known to me to be one of the individuals described in and who executed the foregoing instrument, and she duly acknowledged that she executed the same. SUMPAD H. SARAFIAN. SEAL. Notary Public, Westchester County, Certificate filed in New York County No. 138 New York County Register's No. 5355. NOTARIAL ACKNOWLEDGEMENT, N. Y. No. 385. STATE OF MICHIGAN, SS: COUNTY OF WAYNE, THOMAS F. FARRELL, Deputy Clerk of the Circuit Court, in and for said County, which COurt is a Court of Record, having a seal, DO HEREBY CERTIFY, That JULIUS L. KRIMMEL by and before whom the foregoing acknowledgment was taken, was at the time of taking the same a Notary Public, re-siding in said County, and was duly authorized by the laws of said State to take and certify acknowledgments or proofs of deeds or conveyances for land in said State. And, Further, that I am well acquainted with the hand-writing of said Notary Public, and the I verily believe that the signature to said Certificate of Acknowledgment is genuine, I Further Certify that said instrument is executed and acknowledged according to the laws of this state. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court at Detroit, this 23rd day of Jan'y A. D. 1915. THOMAS F. FARRELL, SEAL. Deputy Clerk. 10¢ Cancelled Documentary Stamp. CARRIE CHAPMAN CATT TO MAYNARD D. FOLLIN. ASSIGNMENT. Exhibit for Mrs. Carrie C Catt Jan 22 1915 KNOW ALL MEN BY THESE PRESENTS, That I, CARRIE CHAPMAN CATT of the City and State of New York, named as residuary legatee under the Last Will and Testament of FRANK LESLIE, otherwise known as the Baroness de Bazus, for a valuable consideration to me in hand paid, the receipt of which is hereby acknowledged, do hereby sell, assign, transfer and set over unto MAYNARD D. FOLLIN, of Detroit, Michigan, and to his heirs, executors, administrators and assigns, One Hundred Thousand Dollars ($100,000) of my interest as the residuary legatee under the said Last Will and Testament of said FRANK LESLIE, deceased. And I hereby order and direct that Mr. William Nelson Cromwell and Mr. Louis H. Cramer, Executors of the said Last Will and Testament of the said FRANK LESLIE, deceased, or their successors or successor, shall pay the said sum of One Hundred Thousand Dollars ($100,000) herewith assigned, to said MAYNARD D. FOLLIN or his heirs, executors, administrators or assigns before any payment be made to me as residuary legatee under said Last Will and Testament. And I do hereby make, constitute and appoint the said MAYNARD D. FOLLIN, or his heirs, executors, administrators or assigns, my true and lawful attorney, irrevocable in my name, or in the name of said MAYNARD D. FOLLIN, or otherwise, but at his proper costs and charges, to have, use and take all lawful ways and means for the recovery of the said money and interest in said Estate herein assigned, and in case of payment to discharge the same as fully as I might or could do if these presents were not made. This assignment does not and is not intended in any wise to obligate said CARRIE CHAPMAN CATT or her heirs, executors, administrators and assigns, to pay said one 1 [left margin] [?] 3 Nov 21/16 Hundred Thousand Dollars ($100,000) or any part there-of, and said One Hundred Thousand Dollars ($100,000) or any part thereof is to be paid only out of the Estate of said FRANK LESLIE, deceased. IN WITNESS WHEREOF, I have hereunto set me hand and seal this 22nd day of January, in the year one thousand nine hundred and fifteen (1915) at the City of New York. (sgned) CARRIE CHAPMAN CATT. STATE OF NEW YORK, SS: COUNTY OF NEW YORK, On this 22nd day of January, 1915, before me personally appeared CARRIE CHAPMAN CATT to me known and known to me to be the person described in and who executed the foregoing instrument, and she duly ac-knowledged to me that she executed the same. (signed) SUMPAD H. SARAFIAN Notary Public Westchester County, Certificate Filed in New York County No. 138 New York County Register's No. 5355. CARRIE CHAPMAN CATT – and – MAYNARD D. FOLLIN. MEMORANDUM OF AGREEMENT. (Orig.) [*20th–Jan 1915*] [*Proposed by Mrs Jones & Garrin & Young*] [*& refused Jan 20 1915*] MEMORANDUM OF AGREEMENT made and entered into this 22 day of January, One thousand nine hundred and fifteen, by and between CARRIE CHAPMAN CATT of the City and State of New York, Party of the First Part, and MAYNARD D. FOLLIN of the City of Detroit and State of Michigan, Party of the Second Part:– WHEREAS, Frank Leslie, otherwise known as the Baroness De Bazus, executed, or is claimed to have executed, under date of the 22nd day of May, 1914,, an instrument in writing purporting to be her last Will and Testament, and thereafter died, and the said instrument was filed in the Surrogate's Court of the County of New York as her last Will and Testament; and WHEREAS, Maynard D. Follin, the party of the second part herein, had decided to contest said instrument as being the last Will and Testament of said deceased, but, in order to avoid such contest and for the purpose of avoiding all litigation on his part in connection therewith, there was an agreement and contract entered into under date of the 27th day of November, 1914, by and between the parties hereto whereby and by the terms of which said party of the first part undertook and agreed to pay said party of the second part herein the sum of Forty thousand dollars ($40,000.00), of which Twenty-five thousand dollars ($25,000.00) was to be paid within thirty (30) days after the admission of said instrument to probate in said Court, and the sum of Fifteen thousand dollars ($15,000.) within ninety (90) days thereafter, and by virtue of said agreement the said instrument was admitted to probate without any protest or contest by the party of the second part herein; and WHEREAS, it is represented to the said party of the second part by the said party of the first part that she was induced to enter into said contract by representations made to her that the executors nominated in said last Will and Testament, vis., William Nelson Cromwell and Louis H. Cramer, would make advancements to her, the said party of the first part herein, to enable her to carry out said contract with the said party of the second part herein, which advancements the said executors have now refused to make by reason of which the said party of the first part herein represents to the party of the second part herein that she is unable to carry out the provisions of said contract of November 27th, 1914; NOW, THEREFORE, THIS AGREEMENT WITNESSETH as follows;– FIRST: That the said party of the first part has, in pursuance of this agreement, assigned, transferred and conveyed to the said party of the - 2 - second part herein, and to his heirs, executors, administrators and assigns, an interest in the residuary legacy provided for her by the aforesaid instrument of said Frank Leslie, to the extent of one hundred thousand dollars ($100, 000. 00) which assignment has been duly executed and delivered to the said Maynard D. Follin, and which may be filed by him in the Surrogate's Court of said County, and notice of which may be given by him to the executors of said will. AND by the provisions of said assignment, the sum mentioned therein is to be paid by the executors of said Will to the said party of the second part herein, or to his executors, administrators or assigns, and which constitutes the inducements and, in part, the consideration for the execution of this contract. AND IT IS EXPRESSLY CONTRACTED AND AGREED by the said party of the first part, in further consideration hereof, that the said party of the second part, and his heirs, executors, administrators and assigns, are herewith expressly subrogated to all of the rights of the said party of the first part herein, as residuary legatee in said estate, and under said instrument, in so far as the aforesaid sum of One hundred dollars ($100, 000.) is concerned, with all the rights of her, the said party of the first part, as residuary legatee under the said last Will and Testament. AND IT IS FURTHER EXPRESSLY DECLARED by the said party of the first part, as an inducement to - 3 - the making of this contract, that she has made no assignment of any other interest in said estate, except one to Mrs. Carrie H. Wren, which is hereby represented to be not in excess of One hundred and sixty thousand dollars. SECOND: IT IS UNDERSTOOD AND AGREED BY and between the parties hereto that, if the sum of sixty thousand dollars ($60,000.) shall be paid by the said party of the first part to the said party of the second part, or to his heirs, executors, administrators or assigns, on or before the September 1st, 1915, then, and in such case, she shall have the right to cancel the aforesaid assignment, and that in such case the contrast between these parties, bearing date November 27th, 1914, shall be absolutely cancelled and held for naught. BUT, it is also distinctly UNDERSTOOD and AGREED by and between the parties hereto that if said Sixty thousand dollars ($60,000.) shall not ve paid within that time, then all of the obligations under the assignment aforesaid shall stand without alteration and shall be absolute and in all respects binding upon the party of the first part herein and upon the executors of said Will. IT IS ALSO UNDERSTOOD AND AGREED that, in case the aforesaid Sixty thousand dollars ($60,000.00) shall not be paid by the day above stated, but that thereafter the sum of One hundred thousand dollars ($100,000) shall be paid, then that the contract of November 27th, 1914 shall stand cancelled, it - 4 - being the definite understanding and agreement between these parties that, upon the payment of the Sixty thousand dollars ($60,000.00) on or before September 1st, 1915, the said contract of November 27th, 1914 shall be cancelled, or upon the subsequent payment of one hundred thousand dollars ($100, 000. 00) the said contract shall also be cancelled, it not being intended hereby that the liability of said party of the first part shall be in excess of One hundred thousand dollars, but it being intended that her liability under the contract of November 27th, 1914 shall stand unchanged unless the terms of this contract are complied with. THIRD: In order to aid in the collection of said moneys from the executors of said estate, or their successors, the party of the second part herein does hereby covenant, promise and agree to render such assistance as he may be advised by his counsel may be reasonably proper in the matter of collections from the executors, to enable the party of the first part herein to carry out all of the provisions of this contract. FOURTH: IT IS UNDERSTOOD that there are claims of pretended creditors against said estate and other claimants of various character, and it is MUTUALLY AGREED by and between the parties hereto that the said party of the second part is interested by reason of said assignment in resisting such claims as he regards to be improper charges - 5 - against said estate or improper claims for any reason and, therefore, and for that reason, IT IS HEREBY AGREED by and between the parties hereto that the said party of the second part, his heirs, executors, administrators or assigns, shall have the right to contest any claim or defend any suit of any kind or character which have been or may be brought against said estate or the executors under said will, but at his own expense. FIFTH: AND the said party of the first part for herself, herein covenants, promises and agrees that she will contest any claim that she is requested by the said party of the second part herein to contest, to the end that the residuary legacy provided for under said instrument may not be decreased and the rights of the said party of the second part herein, his heirs, executors, administrators or assigns, be injured. SIXTH: As one of the considerations of this contract, the said party of the second part herein hereby covenants, promises and agrees that he will not bring any action against the said party of the first part herein, or her heirs, executors or administrators, to enforce his rights under the contract of November 27th, 1914, if the aforesaid sum of Sixty thousand dollars ($60,000.00) shall be paid by her on or before September 1st, 1915, or in case of failure to make such payment then if the aforesaid sum of One - 6 - hundred thousand dollars ($100,000.) shall be paid to him out of the funds of said estate, or in any other manner, prior to the settlement of said estate, and this is hereby declared to be one of the considerations moving the parties to the execution of this agreement; and it is hereby recognized by both parties hereto that the contract of November 27th, 1914 is binding upon the party of the first part, subject to the provisions hereof, and that the sole purpose and object of making this supplemental agreement is to relieve the party of the first part from the obligations under said contract as to the times of payment only. SEVENTH: IT IS FURTHER EXPRESSLY AGREED by the said party of the first part, in consideration hereof, that she herewith expressly waives the making of any assignment by the said party of the second part of his interest in said estate and of any demand for payment as provided under the terms of said contract of November 27th, 1914. IN WITNESS WHEREOF, the parties hereto have hereunto signed their name and affixed their seals the day and year first above written, at the City of New York. - 7 - Fol.1 SURROGATE'S COURT, NEW YORK COUNTRY. In the Matter of the Estate of Frank Leslie, also known as Mrs. Frank Leslie, also known as the Baroness de Bazus, deceased. STATE OF MICHIGAN, COUNTY OF WAYNE, CITY OF DETROIT, SS: Maynard D. Follin, being duly sworn says that he resides in the City of Detroit, State of Michigan. That " 2 he is a half nephew of the above named decedent, being the son of Ormond Follinwho was a half brother of the above named decedent. On or about the 21st day of November, 1914, I received a telegram which read as follows: Colton, Calif. Maynard D. Follin Box 118 Detroit, Mich. I am Noel Davenport of Colton California I am the only living child of Gotham and Hortense Davenport nee Follin an Aunt of Mrs. Frank Leslie deceased Kindly inform me who are your parents and what relation you are to Mrs. Leslie N Davenport 393 North 8th St. I attach the original telegram to this affidavit. " 3 I did not reply to this telegram. On or about the 25th day of November, 1914 I received by mail the following letter: Los Angeles, Calif. Mr. Maynard D. Follin, Detroit, Mich. Dear Mr. Follin:– No doubt you will be somewhat surprised to receive this letter – to make a long story short, I am the daughter of Noel Davenport, and have read in Fol. 4 the papers that you have started to contest Mrs. Leslie's will or something to that effect. My father is a first cousin of Mrs. Leslie and we feel, as no doubt you do, that we are more entitled to at least a small portion of her estate, than the Suffragettes. We have a copy that she was unduly influenced. I have an uncle, Hon. Byron Waters, who is one of the best lawyers in the West, and he has looked into the matter and says he feels sure that something can be done, if all the heirs get together. He is anxious to be got into communication with any nieces or nephews of Mrs. Leslies, as of course they come first. My fathers has been very sick for the past two months and it has been hard to get much information from him. I am enclosing a list that I made up from what he told me and if youknow anything further, I would surely appreciate it if you would communicate with either myself or my father, (Noel Davenport, Colton, California). " 5 We would be pleased to hear from you at an early date. Very sincerely, Marie Davenport – Craig 623 Laughlin Eldg. , Los Angeles, California. I attach the original letter to his affidavit. Enclosed with this letter and accompanying it was the following paper which purports to be a partial genealogy of the Follin family: Mrs. Leslie had one brother who was Ormond Follin, he had one child, (I think.) " 6 None of Mrs. Leslie's aunts or uncles are living; her father was Charles Follin, his brothers and sisters were Ormond Follin, Theodore Follin, Aristide Follin, Adolphus Follin, and two sisters Mrs. Elmide Sanderson (mothers of L. A. Sanderson) and Mrs. Hortense Davenport. The descendants of the above seven children are Charles Follin: Mrs. Frank Leslie, Ormond Follin Ormond Follin: Hortense Follin, #9 So. Hallet St., Virginia Follin, Alendrina Follin, all of whom live in South America. Theodore Follin: Had no children. Aristede Follin: One son Aristede Follin, his mother was Della Bridges. Fol. 7. Adolphus Follin: Never married. Mrs. Elmis Sanderson: Amanda Sanderson (Mrs. Slade) was first Mrs. Jno. Bosworth, Cecile Sanderson (Mrs. Jno. Weeks) dead, Virginia Sanderson (dead) (Never married), R. A. Sanderson (dead) never married. L. A. Sanderson 1015 Vallejo St., San Francisco, California. Mrs. Hortense Davenport: Follin Davenport, dead. Noel Davenport, Henry Davenport, (dead) Colton, California. " 8 Upon information and belief that since the purported genealogy followed the telegram signed N. Davenport and the fact that genealogy contains the name of Noel Davenport underscored with his address, I allege that this telegram and this genealogy were sent to me by Noel Davenport of Colton, California. Sworn to before me this Maynard D. Follin 24th day of April, 1916. John R. Fisher Deputy Clerk Wayne Co., Michigan at Detroit. (Seal) " 9 Nov 27-1914 Fol. 1 SURROGATES' COURT. NEW YORK COUNTY. ------------------------------------------X In the Matter of the Probate of a Paper : Writing purporting to be the Last Will and Testament of : FRANK LESLIE, : Deceased : ------------------------------------------X STATE OF MICHIGAN ) COUNTY OF WAYNE ) ss.; CITY OF DETROIT. ) MAYNARD D. FOLLIN, being duly sworn, deposes and says; I reside at Detroit, in the State of Michigan. I was born at the City of Troy, State of New York, on the 5th day of March, 2 1864. My father was Ormond W. Follin and my mother was Jessie M. Dauchy. My mother and father were married at St. Paul's Church, in the City of Troy on April 22, 1863. I am the only child of Ormond W. Follin. My father had no other child. My father, Ormond W. Follin was born in Charleston, South Carolina. His father was Charles Follin, of Charleston, and his mother was Caroline C. Trescot. They were married in October, 1830, in Charleston, South Carolina. His mother, my grandmother, Caroline C. Trescot, died in 1833, as I am informed and believe. I do not know the exact date of the birth of my father, 3 but to the best of my knowledge and belief, there is a private genealogical account which will show it. This account was written up by my uncle, Nathan Dauchy, who lives in Darien, Connecticut. This ac- count is now in the possession of Wm. P. Dauchy, of Troy, New York, and has been examined at my request by an agent of the executors named in the instrument purporting to be the last Will and Testament of said deceased and now on file in said court. Nathan Dauchy is my 4 uncle and William P. Dauchy is his Nephew. Ormond W. Follin was the only child of the marriage of said Charles Follin and Caroline C. Trescot. The facts with regard to the marriage of Charles Follin and Caroline C. Trescot and the birth of Ormond W. Follin are, to the best of my knowledge and belief, set forth in the following documents, to wit;– (1) An anti nupital agreement of marriage settlement between Charles Follin and Caroline C. Trescot and Charles L. West, as Trustee, dated October 2, 1830, and recorded in the office of the Secretary of State of Charleston, South Carolina, in Marriage Settlement 5 Book No. 11, pages 48 to 51 and recorded in the office of the Register of Mesne & Conveyances, Charleston Country, South Carolina, in Book BIO, page 219. (2) Conveyance made by Elisa F. Carrere, Ormond W. Follin and others, dated June 3, 1872, and recorded in the Office of the Register of Mesne and Conveyances, Charleston County, South Carolina, in Book C16, page 378. (3) Deed made by Amelia A. Foster, Ormond W. Follin and others to the Supluric Acid & Superphosphate Company, dated July 3, 1877, and recorded in the Office of the Register of Meanse & Conveyances, 6 Charleston County, South Carolina, in Book K17, page 56. The said Charles Follin, after the death of his wife Caroline C. Trescot, removed to New Orleans, where he intermarried with Susan Danforth, and Miriam Florence Follin who afterwards married Frank Leslie and who, upon the death of her husband, assumed the name of Frank Lelsie, was the legal off spring of the said Charles Follin and the said Susan Danforth, she having been born in New Orleans, in or about the year 1931. I know that the said Frank Leslie recognized and acknowledged my father, Ormond W. Follin, as her -2- -3- 7 brother, and recognized me as her nephew. Maynard N Folley Subscribed and sworn to before me, at the City of Detroit, in said No. 204 NOTARIAL ACKNOWLEDGEMENT, N. Y. STATE OF MICHIGAN, COUNTY OF WAYNE, SS. [seal] I, Thos. F. Farrell Clerk of the Circuit Court, in and for said County, which Court is a Court of Record, having a seal, Do Hereby Certify, that David E. [?] by and before whom the foregoing acknowledgement was taken, was at the time of taking the same a NOTARY PUBLIC, residing in said County, and was duly authorized by the laws of said State to take and certify acknowledgments or proofs of deeds or conveyances for land in said State. And, further, that I am well acquainted with the handwriting of said NOTARY PUBLIC and that I verily believe that the signature to said Certificate of Acknowledgement is genuine. I further certify that said instrument is executed and acknowledged according to the laws of this state. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Court at Detroit, this 27th day of Nov. A.D. 1914. Thos. F. Farrell Clerk My commission expires Jan 23rd, 1915 I reside at No. 1221 East [?] Boulevard in the said City of Detroit. I am City Assessor for the City of Detroit 7 8 -3- brother, and recognized me as her nephew. Maynard D Follin Subscribed and sworn to before me, at the City of Detroit, in said County of Wayne, and State of Michigan, this 27th day of November, 1914; and I herewith certify that I know the said Maynard D. Follin who signed said instrument, to be a resident of said City of Detroit, and upon taking said oath, he personally appeared before me. Daniel L. Dilworth Notary Public, Wayne County, Michigan. My commission expires Jan. 23rd 1915 I reside at No. 1221 East Grand Boulevard in the said City of Detroit. I am city assessor for the City of Detroit MAYNARD D. FOLLIN And CARRIE CHAPMAN CATT. -------------------------------------------------- A G R E E M E N T. -------------------------------------------------- 7. Nov 27 1914 AGREEMENT made this 27th day of November, 1914, by and between MAYNARD D. FOLLIN of the City of Detroit, Michigan, party of the first part, and CARRIE CHAPMAN CATT of the City, Country, and State of New York, party of the second part. Frank Leslie died at the City of New York on the 18th day of September, 1914, leaving a paper writing purporting to be her last will and Testament dated May 22, 1914, which has been filed in the office of the Surrogates' Court of the County of New York and offered for probate, wherein said CARRIE CHAPMAN CATT is named as the residuary legatee of the Estate of the said FRANK LESLIE. Maynard D. Follin claims that he is a nephew of the said Frank Leslie and one of her heirs at law and next of kin. It is agreed between the parties hereto as follows: FIRST: Said Carrie Chapman Catt agrees that she will, so far as in her power, cause the said instrument that has been offered for probate to be proved and admitted as the Last Will and Testament of the said FRANK LESLIE. SECOND: The said Follin agrees that he will, at the request of the said Carrie Chapman Catt, or at the request of her attorney or of the executors named in the Last Will and Testament of said FRANK LESLIE, and hereby does consent that the said instrument above referred to may be admitted to probate as the said Last Will and Testament of the said Frank Leslie. THIRD: Said Carrie Chapman Catt agrees that, upon such instrument being admitted to probate as the Last Will and Testament of the said FRANK LESLIE, and the validity of its provisions being sustained, she will out of said Estate, pay to the said Maynard D. 1. Follin, upon receiving from a proper assignment to her, said Carrie Chapman Catt, duly executed, as one of the heirs at law and next of kin of the decedent, of all his interest in her estate, the sum of Forty Thousand Dollars ($40,000) payable as follows:- Twenty-five Thousand Dollars ($25,000) upon the receipt of such assignment within thirty (30) days after the said Will has been duly admitted to probate, and the remainder, Fifteen Thousand Dollars ($15,000) within (90) days thereafter. FOURTH: This agreement and the provisions hereof are made upon the express condition that no objection be filed to the probate of said Last Will and Testament by any of the heirs at law and next of kin of the said FRANK LESLIE, and if any connections are filed to such probate and the same are not withdrawn within one (1) week after being so filed, this agreement, anything herein contained to the contrary notwithstanding, shall be null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year hereinabove first written. WITNESS. MAYNARD D. FOLLIN (SEAL) As to Maynard D. Follin CARRIE CHAPMAN CATT (SEAL) Jeannette Hirsch Wolf As to Carrie Chapman Catt Sumpad H. Sarafian. STATE OF MICHIGAN, ) :SS: COUNTRY OF WAYNE, ) NOTARIAL ACKNOWLEDGEMENT, N. Y. No.205. STATE OF MICHIGAN, County of Wayne ss; I, Thos. F. Farrell, Clerk of the Circuit Court, in and for said County, which Court is a Court of Record, having a seal, DO HEREBY CERTIFY that Daniel L. Dilworth by and before whom the foregoing acknowledgement was taken, was at the time of taking the same a notary Public, residing in said County, and was duly authorized by the laws of said State to take and certify acknowledgments or proofs of deeds or conveyances for land in said State. And, further, that I am well acquainted with the handwriting of said Notary Public and that I verily believe the signature to said Certificate of Acknowledgement is genuine, I further certify that said instrument is executed and acknowledged according to the laws of this State. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of said Court at Detroit, this 27th day of Nov. A. D. 1914 . Thos F. Farrell, Clerk. (SEAL) [????????] NOTARY PUBLIC, WESTG . ESTER COUNTRY, CERTIFICATE FILED IN NEW YORK COUNTRY NO. 138. NEW YORK COUNTY REGISTER'S NO. 5358. (In duplicate) STATE OF MICHIGAN, ) :SS: COUNTY OF WAYNE, ) On this 27th day of November, 1914, before me personally appeared MAYNARD D. FOLLIN, to me known and known to me to be one of the individuals described in and who executed the foregoing instrument and he duly acknowledged that he executed the same. DANIEL L. DILWORTH, Notary Public, Wayne County, MIch. My commission expires January 23, 1915. STATE OF NEW YORK, ) :SS: COUNTY OF NEW YORK, ) On this 4th day of December, 1914 personally appeared Carrie Chapman Catt, to me known and known to me to be one of the individuals described in and who executed the foregoing instrument and she duly acknowledged that she executed the same. SUMPAD H. SARAFIAN, [*NOTARY PUBLIC, WESTCHESTER COUNTY,] [*CERTIFICATE FILED IN NEW YORK COUNTY NO. 138.*] [*NEW YORK COUNTY REGISTER'S NO. 5355.*] (In duplicate) WESTERN UNION Form 2289 B NIGHT LETTER GEORGE W. E. ATKINS, VICE-PRESIDENT NEWCOMB CARLTON, PRESIDENT BELVEDERE BROOKS, VICE-PRESIDENT RECEIVED AT BA 1268 CH 49 7 EX COLTON CALIF 2 MAYNARD D FOLLIN BOX 118 DETROIT MICH I AM NOEL DAVENPORT OF COLTON CALIFORNIA I AM THE ONLY LIVING CHILD OF GORHAM AND HORTENSE DAVENPORT NEE FOLLIN AN AUNT OF MRS FRANK LESLIE DECEASED KINDLY INFORM ME WHO ARE YOUR PARENTS AND WHAT RELATION YOU ARE TO MRS LESLIE N DAVENPORT 393 NORTH 8 TH ST. [*1 36/ [7?]*] Los Angeles, California Mr. Maynard D. Follin, Detroit, Mich. Dear Mr. Follin: – No doubt you will be somewhat surprised to receive this letter - to make a long story short, I am the daughter of Noel Davenport, and have read in the papers that you have started to contest Mrs. Leslie's will or something to that effect. My father is a first cousin of Mrs. Leslie and we feel, as no doubt you do, that we are more entitled to at least a small portion of her estate than the Suffragettes. We have a copy of the will and it seems to us very evident — that she was unduly influenced. I have an uncle, Hon Byron Waters, who is one of the best lawyers in the west, and he has looked into the matter and says he feels sure that something can be done if all the heirs get together. He is anxious to get into communication with any nieces or nephews of Mrs Leslie, as of course they came first. My father has been very sick for the past two months and it has been hard to get much information from him. I am enclosing a list that I made up from what has told me and if you know any thing further, I would surely appreciate it if you would communicate with either myself or my father, (Noel Davenport, Colton, California.) We would be pleased to hear from you at an early date. Very sincerely, Marie Davenport-Craig 623 Laughlin Bldg. Los Angeles, California. 1 Mrs. Leslie had one brother who was Ormond Follin; he had [two] one 2 child[ren], (I think.) 3 None of Mrs. Leslie's aunts or uncles are living; her father 4 was Charles Follin, his brothers and sisters were Ormond Follin, 5 Theodore Follin, Aristide Follin, Adolphus Follin, and two 6 sisters Mrs. Elmide Sanderson (mother of L.A. Sanderson) and 7 Mrs. Hortense Davenport. 8 The descendants of the above seven children are 9 Charles Follin: Mrs. Frank Leslie, Ormond Follin. 10 Ormond Follin: Hortense Follin, #9 So. Hallet St., 11 Mobile, Ala. Ormond Follin, Virginia Follin, Alendrina Follin, 12 all of whom live in South America. 13 Theodore Follin: Had no children. 14 Aristede Follin: One son Aristede Follin, his 15 mother was Della Bridges. 16 Adolphus Follin: Never married. 17 Mrs. Elmid Sanderson: Amanda Sanderson (Mrs. Slade) 18 was first Mrs. Jno. Bosworth, Cecile Sanderson (Mrs. Jno. Weeks) 19 dead, Virginia Sanderson, dead (never married), R.A. Sanderson 20 (Dead), never married, L.A. Sanderson, 1015 Vallejo St., San 21 Francisco, California. 22 Mrs. Hortense Davenport: Follin Davenport, Dead, 23 Noel Davenport, Henry Davenport, (Dead) 24 Colton, 25 California 26 DEED FRANK LESLIE & wife to ALFRED NOEL FOLLIN. Copy. Book 141 Page 588. THIS INDENTURE, Made this 15th day of January, 1877, Between FRANK LESLIE and MIRIAM F., his wife, of the City of New York, of the first part, and ALFRED NOEL FOLLIN of the same place, of the second part, WITNESSETH, That the parties of the first part in consideration of the sum of ONE DOLLAR to them paid, have sold and by these presents do grant and convey unto the said party of the second party, his heirs and assigns. Parcel I ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in the Town of Saratoga Springs, County of Saratoga and State of New York, bounded and described as follows: Beginning at a point in the centre of the highways leading from Moon's Lake House southerly and being the same corner described in a deed from C. B. Moon and wife to Frank Leslie bearing date the 11th day of January, 1856 being six chains and seventy-six links northerly from the stake standing in the west line of lands belong to said Moon, said stake being fifteen links westerly from an oak tree described as a line tree in said west line. Starting from this point and running N. 51° E. forty-nine feet along the centre of the said highway; thence S. 19° W. two hundred feet to low water mark in Saratoga Lake; beginning again from the same starting point and running S. 30° 30' W. one hundred and eighty-five feet to low water mark in Saratoga Lake, being the same property described in a certain deed from Carey B. Moon and Freelove T., his wife, to Frank Leslie bearing date October 15th, 1872 and recorded in the Saratoga County Clerk's Office October 18th, 1872 in Book No. 142 of Deeds, page 577. Parcel II ALSO ALL THAT CERTAIN OTHER PIECE OR PARCEL OF LAND situate in the Town of Saratoga Springs, County of Saratoga and State of New York and bounded and described as follows: Beginning at low water mark in Saratoga Lake and running from thence N. 3° E. two hundred and thirty feet to an oak tree described as a line tree in the west line of land belonging to C. B. Moon in a deed of said land to said Moon; thence continuing on the same course along said, west line, the north end of which is also the west line of lands belonging to Thomas B. Carroll, twenty-nine hundred and six feet, to the northeast corner of the premises herein to be described; thence turning an angle to the left of 89° 30' and running from thence with course N. 86° 30' W. along the south line of land belonging to T. B. Carroll ten hundred and fifty-five feet to the centre of Bog Meadow Brook; thence following the centre of said brook S. 1° 15' W. fifty feet; thence S. 26° W. sixty-six feet; thence S. 33° E. seventy-seven feet; thence S. 17° W. one hundred feet; thence S. 45° W. sixty-seven feet; thence S. 34° 30" W. one hundred and forty-six feet; thence S. 13° E. one hundred feet; thence S. 10° 15' E. one hundred and forty feet; thence S. 52° 45' W. one hundred and fifty-five feet to the mouth of said brook where it empties into the little lake; thence following the north and east shore of said lake at low water mark S. 30° 30' E. one hundred and forty feet; thence S. 72° 30' E. ninety-seven feet; thence S. 50° 55' E. two hundred and thirty-two feet; thence S. 11° E. one hundred and twenty-two feet; thence S. 22° 30' W. one hundred and five feet; thence S. 55° 30' W. one hundred and sixty-seven feet; thence S. 36° W. one hundred and fifty feet; thence S. 12° W. one hundred and fifty feet; thence turning an angle to the left of 45° 27' and running from thence with course S. 33° 30' E. two hundred and forty and one-half feet to a stone monument set in the ground on edge of bank; thence continuing on the same course upon(which by the deed of Luther Abel and Julia, his wife to Frank Leslie dated Oct. 15th, 1872 and recorded in the Saratoga County Clerk's Office Oct. 18th, 1872 in Book of Deeds No. 124 at page 580 becomes) the east line of land belonging to Luther Abel Fourteen hundred and seventy-two and one-half feet to a stone monument set in the ground on the south side of the road leading from Moon's Lake House to Abel's corners; thence on the same course one hundred and eighty-one feet to the place of beginning and low water mark in Saratoga Lake, containing one fifty-eight and ninety-one one hundredths acres, be the same more or less. [*58 91/100 a.*] All courses as needle pointed October 15th, 1872. Subject to right of public highway and also to the right of School District to School house and lot now occupied for school purposed. Being the same parcel of land described in a certain deed from Luther Abel and Julia, his wife, to Frank Leslie bearing date October 15th, 1872 and recorded in the Saratoga County Clerk's Office in Book of Deeds No. 124 at page 580. [*Parcel II*] I ALSO ALL THAT CERTAIN OTHER PIECE OR PARCEL OF LAND situate, lying and being in the Town of Saratoga Springs, County of Saratoga and State of New York, and bounded and described as follows: Commencing at a point in the division line of lands belonging to Carey B. Moon and Frank Leslie, said point being southwest corner of land owned by Thomas B. Carroll and the northwest corner of said Moon's land, running from thence along the south line of said Carroll's land south 87° cast four hundred and forty-six feet more or less to the east line of said Leslie's land; thence along said east line north 3° east fifty feet to the place of beginning, containing fifty one hundredths of an acre. The above courses as the needle pointed November 15th, 1872. Being the same parcel of land described in a certain deed from Carey B. Moon and wife to Frank Leslie dated November 15th, 1872 and recorded in the Saratoga County Clerk's Office November 22nd, 1872 in Book of Deeds No. 125, page 161. [*Parcels IV & V*] ALSO ALL THAT CERTAIN OTHER PIECE OR PARCEL OF LAND situate in the Town of Saratoga Springs, County of Saratoga and State of New York, and bounded and described as follows: Commencing in the centre of the highway at the northeast corner in line of the centre of a black oak tree south of Moon's Lake House and about thirteen easterly of the brink of the bank on the west shore of Lake Saratoga and on the south side of a black cherry tree situated about four links from the north west corner, running from thence north 56° 30' west five chains and seventy-eight links to the northwest corner being Moon's west line and Abel's east line and forty-three links southerly on said west line from the southwest corner of the burying ground; thence S. 2° 30' W. seven chains and thirty links to the centre of the highway; thence along the centre of the highway N. 51° 15' E. six chains and fifty-eight links to the place of beginning, containing one acre and eight hundred and nine one thousandths of an acre, be the same more or less, the courses as the needle pointed April 10th, 1875. ALSO ALL THOSE PREMISES situate in the Town of Saratoga Springs, County of Saratoga and State of New York and bounded and described as follows: Beginning at a stake standing in the west line of land belonging to Carey B. Moon and fifteen links westerly from an oak tree described as a line tree in said west line in a deed of lands to Carey B. Moon and running from thence S. 2° 30' W. to low water mark on the west shore of Saratoga Lake, thence northerly along the said west line of the said lake shore at low water mark to a stake set in the ground; thence north thirty minutes west two chains and eighty-one links to the centre of the highway leading from Moon's Lake House southerly to the brick school house; thence along the centre of said highway S. 51° W. six chains and seventy-six links to the place of beginning, containing one acre and forty-nine one hundredths of an acre be the same more or less. Said last two mentioned parcels of land being the same conveyed by Henry Leslie and wife to Frank Leslie by deed dated April 10th, 1873 and recorded in the Saratoga County Clerk's Office in Book of Deeds No. 127 at page 27, May 6th, 1873. Parcel VI. ALSO ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in the Town of Saratoga Springs, County of Saratoga and State of New York, and bounded and described as follows; Commencing at a point in the west line of lands owned by Carey B. Moon and the east line of lands owned by Frank Leslie, said point being the southwest corner of the old burying ground located on said Moon's land and running from thence south eighty-five degrees twenty minutes east along the south side of the said burying ground twenty-seven feet and six inches to the southeast corner thereof, thence S. 56° E. four hundred feet to the centre of the old highway leading from Moon's Lake House to the brick school house; thence along the centre of said highway S. 51° W. forty-nine feet; thence N. 56° 30' W. three hundred and eighty-nine feet to a point on the east line of lands formerly owned by Cary B. Moon but now owned by Frank Leslie; thence along said line N. 3° E. twenty-eight feet and six inches to the place of beginning, containing sixty-one hundredths of an acre be the same more or less, said parcel of land being the same conveyed by Carey B. Moon and wife to Frank Leslie by deed bearing date May 7th, 1873 and recorded in the Saratoga County Clerk's Office April 9th, 1873 in Book of Deeds No. 127 at page 64. WITH ALL THE APPURTENANCES thereunto belonging and the buildings and erections thereon and all the estate, title and interest therein of the said parties of the first part. And the said parties of the first part do hereby covenant with the said party of the second part that they are at the time of the ensealing and delivery of these presents the lawful owners and are well seized of the premises above described and conveyed (subject however to certain restrictions and forfeitures contained in the original deeds of the same premises from Carey B. Moon and wife) and that the premises thus conveyed in the quiet and peaceable possession of the said party of the second part, his heirs and assigns they will forever warrant and defend against any person whomsoever lawfully claiming the same or any part thereof. IN WITNESS WHEREOF the parties of the first part have here- unto set their hands and seals the day and year first above written. Sealed and delivered : In the presence of : (The words "to Frank Leslie" : second page 21st line, and : the words "to Frank Leslie" : FRANK LESLIE L.S. sixth page 5th line interlined : MIRIAM FLORENCE LESLIE L.S. before execution). : Robert H. Racy. : State of NEW YORK, : :SS. CITY AND COUNTY OF NEW YORK. : On this 15th day of January, 1877 before me personally came FRANK LESLIE and MIRIAM F., his wife, to me known to be the same persons described in and who executed the foregoing instrument and severally acknowledged that she executed the same freely and without any fear or compulsion of her said husband. Robert H. Racy, Notary Public, New York Co. (75) STATE OF NEW YORK, : :SS. CITY AND COUNTY OF NEW YORK. : I, Henry A. Cumbleton, Clerk of the City and County of New York, and also Clerk of the Supreme Court for the said city and county, the same being a court record, do hereby certify that Robert H, Racy whose name is subscribed to the certificate of the proof or acknowledgement of the annexed instrument and thereon written, was, at the time of taking such proof or acknowledgement, a Notary Public in and for the City and County of New York, dwelling in the said city, commissioned and sworn, and duly authorized to take the same. And further that I am well acquainted with the handwriting of such notary, and verily believe that the signature to the said certificate of proof or acknowledgement is genuine. I further certify that said instrument is executed and acknowledged according to the law of the State of New York. L.S. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said court and county the 9 day of April, 1877. Henry A. Gumbleton, Clerk. Recorded Sep. 7, 1877 at 5 h. 30 m. P. M. James W. Horton, Clerk. Transcribed and reviewed by contributors participating in the By The People project at crowd.loc.gov.