New York Times
26 June 1903

FRIENDLY MONEY FIGHT

Rival Administrators Seek Tumblety Estate Control.

Henry Clews & Co. Hold $138,000 in Cash, Awaiting Court Order -- Bequests to Roman Catholic Prelates

The death of Dr. Francis Tumblety, formerly a resident of this city, which occurred recently in St. Louis, has raised a question as to the immediate disposition of his funds. It seems that Dr. Tumblety had kept for the last twenty years a running account with the banking house of Henry Clews & Co., and at the time of his death had on deposit to his credit with this firm $138,000 in case, a considerable part of which had been made by investments.

After his death Henry Clews & Co. were informed that Dr. Tumblety had executed a will bequeathing $45,000 to various relatives, $10,000 to Cardinal Gibbons and $10,000 to Archbishop Ireland, but that no provisions had been made for the residue of his property, amounting to $73,000.

The Public Admistrator of St. Louis had been duly appointed to carry out the provisions of the will, and later appeared in New York before Surrogate Thomas and had ancillary papers granted to him. He then made a demand upon Henry Clews & Co. for the funds, but the bankers refused to turn over the property until they had made an investigation for themselves.

Dr. Tumblety left a number of relatives, some of whom reside in Rochester, others in California, and some in Liverpool, England. The Rochester heirs, upon learning of the facts in the case from Henry Clews & Co., appeared immediately through their attorneys before Surrogate Thomas and asked for a revocation of the ancillary letters granted to the Public Administrator of St. Louis.

In the meantime, the Rochester heirs applied to the Surrogate of Monroe County for administration papers on the ground that Dr. Tumblety was a resident of Rochester. On this application Michael H. FitzSimons was appointed temporary administrator, and he in turn has made a demand upon Henry Clews & Co. for the money. The bankers have declined to pay the money to either until the decision has been rendered. In the meantime, the Rochester relatives have instituted a friendly suit against the bankers to gain possession of the funds.