A Divorce in Saratoga County, New York, 1894 (names have been changed)

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Petition for Absolute Divorce

Trial desired in Saratoga County

Clarissa Dranoff
against
Frank Dranoff
alias Charles D. Destine

To the above named Defendant:

You are hereby Summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff attorney within twenty days after the service of this Summons, exclusive of the day of service, and in case of your cailure to appear, or answer, judgment will be taken against you by default for the relief demanded in the compliant

Dated, Saratoga Spgs NY June 18th, 1894

Edmund Stiles, Plaintiff's Attorney ...

Dated June 25 1894.

Esmond Stiles.

Plaintiff's Attorney.

Clarissa Dranoff
vs
Frank Dranoff
Alias Charles D. Destine

The above named plaintiff for complaint herein against the above named defendant alleges, the following facts constituting her cause of action.

1st - The said plaintiff alleges that, she was married to the said defendant on or about the 10th day of October 1880, in the town of Moreau, in the County of Saratoga and State of New York, each then being actual inhabitants and residents of said town, county and state, and where the said plaintiff has ever since resided and is now residing.

2nd - The said plaintiff further alleges that, there are no issue of her said marriage to the said defendant.

3rd - The said plaintiff further alleges upon her information and belief that, the said defendant Frank Dranoff alias Charles D. Destine, has committed adultery, is living and has lived, in open notorious adulterous intercourse with one Electa Adella Seymour, during four years last past, being the reputed father of two Bastard children born to said Electa Adella Seymour during said time.

4th - The said plaintiff further alleges, that such adultery was committed without her consent, connivance, privity or procurement: that five years have not elapsed since she discovered the adultery and adulterous intercourse of the said defendant alleged in this complaint and that she has not voluntarily cohabited with the said defendant since she discovered the alleged adultery hereinabove set forth.

Wherefore by reason of the premises plaintiff demands that the marriage between herself and the said defendant be dissolved and a decree of divorce adjudged in her favor and for such other and further relief as may be just and equirable, besides the costs and disbursements of this action.

Esmond Stiles
Plaintiffs Attorney

...

Clarissa Dranoff
vs
Frank Dranoff
Alias Charles F. Destine

Upon the Summons dated June 18th 1894, with the Notice required by law [etc. etc. listing of several other pieces of paperwork] ... a good and sufficient cause of action in favor of plaintiff against defendant, upon the grounds of his adultery; that the Summons was delivered to the Shiriff of the County of Saratoga, the county in which plaintiff lives and where defendant last resided, for personal service and that defendant could not with and after due diligence be found with this state; that personal service of said summons could not be made upon defendant within this state ...; that he did not reside nor was he within this state, but that he resided and was at Vergennes, Addison County State of Vermont ...: the order of this court bearing date of June 25th 1894, directing that service of the summons upon said defendant be made by publication thereof ... in two news-papers to-wit: "The Saratogain" and "The Saratoga Press", each published in the Village of Saratoga Springs N.Y., once a week for six successive weeks....

...more than ten weeks have elapsed since said personal service without the state, and that the defendant has not answered, demurred or appeared herein. It is ORDERED That it be referred to William McNulty Esq, a Counsellor of this Court, residing at Saratoga Springs N.Y., to take the evidence and report the same, with his opinion thereon as to the allegations of the complaint herein, with all convenient speed. And the said William McNulty is hereby appointed a referee herein for that purpose.

Dated September 8 1894.

John R Putnam

Entered Sept. 12, 1894
Edward F. Grace clerk

1854 Sept 10

3:30 P.M. Plaintiff appears in person and by W. J. Miner. Def't does not appear.

Clarissa Dranoff sworn for pltf: I am plaintiff. Live in town of Moreau Saratoga Co., NY. Resided in said town 18 years. Am over 21 years of age. Know Frank Dranoff. Knew him 14 years spring 1894. I am a married woman. My husband's name is Frank Dranoff. I knew George P. Yoldsner in his lifetime (Paper shown witness) That is George P. Yoldner's signature is this paper. (Paper marked "A" offered and received in evidence). The person therein named as Clarissa Seymour is myself and the one named Frank Dranoff is my husband and we were actually married on that day by George P. Yoldsner Justice. No children the issue of that marriage. It was between 3 and 4 months since I first learned by husband was living with another woman. It is not with my consent, connivance or procurement that he is living with someone else. I last saw my husband five years spring 1895 since I learned of this adulterous intercourse. I have not lived with my husband. Am now a resident of the state of New York. Me and my husband cohabitated as man and wife up until the time he went away four or five years ago. I always lived during the time of our marriage in the town of Moreau. I never commenced an action for divorce against my husband previous to this action. To my knowledge my husband never commenced an action against me in this or any other state. There were never any papers served upon me adking for a decree of divorce on the part of my husband.

I know a person by the name of Electa A. Seymour. She is my step-daughter. A daughter of a former husband. After I was married to Dranoff she lived occasionally with us. Her age now is about 22 years. I last saw her five years this fall. I have not known of her whereabouts since.

Sworn to before me this 10th day of September Wm. McNulty Referee
Clarissa Dranoff

Reside at Saratoga Springs. Know pltf and deft. in this action. Knew Frank Dranoff when he lived in the town of Moreau. I have no personal interest in the result of this case. Sometime in the month of June 1894 I saw Frank Dranoff. It was June 27 1894 at a farm just outside the village of Vergennes, Addison Co., Vermont. When I found him he was known by the name of Charles D. Destine. It was toward night when I got there. I saw him (deft.) at his house. Had conversating with him. I said "Frank I am glad to find you are alive. We all supposed in New York State you were drowned and 'Dell'" (I mean by "dell" Electa A. Seymour). He replied "We saw in the paper from Saratoga or Glens Falls an account that we were drowned near Poughkeepsie in the Hudson River," but you see it is not so." I said "Frank are these three children yours." He said "Yes." I said "Where is your wife." He replied "Dell is their mother." I said "How is this, you have a wife in NY state." He said "We did not get along well together and Dell and I ran away and came here and have lived together since, and she bore these children." I asked if they lived together as man and wife and he said "yes and no one there knew any difference." In making inquiry on my way up there I found the general reputation was that they were man and wife. And from personal observation they were living as husband and wife saising this young family.

In my best judgment the youngest child was 1 year old next about 23 years the other perhaps 3 1/2 years.

Sworn to before me this 10th day of September 1894 Wm. McNulty Referee
Edmond Stiles

....

SUPREME COURT Saratoga County State of New York

Clarissa Dranoff
vs
Frank Dranoff
Alias Charles D. Destine

... It having been referred by an order of this court made and entered herein on the 8th day of September 1894, to William McNulty Esq., a Counsellor of this Court, to take and state the evidence, as to the truth of the allegations of the complaint and to report the same, with his opinion thereon; satisfactory evidence having been produced on the part of the plaintiff, proving the material allegations of the complaint and showing that the defendant is guilty of the acts of adultery charged in the complaint.... Therefore this court by virtue of the power and authority therein vested and in pursuance of the Statutes in such case made and provided, doth hereby,
ORDER, ADJUDGE AND DECREE - ... that the marriage between the plaintiff Clarissa Dranoff, and the defendant Frank Dranoff, Alias Charles D. Destine, be and the same is hereby dissolved and the said parties and each of them are freed from the obligations thereof, and that it shall be lawful for the said plaintiff Clarissa Dranoff, to marry again as though the said defendant Frank Dranoff, Alias Charles D. Destine, was actually dead, but that it shall not be lawful for the said defendant ... to marry again until the said plaintiff ... shall be actually dead: that the clothing and wearing apparel of the plaintiff and ornaments of her person, and all goods and personal property which have been left with her by the defendant, and all goods, property and effects, which had been acquired by the plaintiff by her own industry, since the 10th day of October 1880, and all goods, lands, tenements, effects and property which she may have acquired by gift, grant, devise or otherwise, or to which she may be entitled by the decease of any relative intestate, shall be her sole and separate estate and property, and that the defendant pay to the plaintiff the costs of this action to be adjusted by the clerk of the county of Saratoga, and inserted in this decree, amounting to the sum of [handwritten number] $66.47, and that plaintiff may have execution therefor.

John R. Putnam
Entered Sept. 12 1894
Edward F. Grace, clerk

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