Dear Marcelle&-

CARL H.E'L114 ATTORNEY ~l LAW

220 SOUTH ST.

NEW YORK CITY

TEL.DRYDOCK 4-11000

October 13, ~ 1937.

It was mighty nice to hear your voice again. You have .been missed around your New York home.

Enclosed is your driver's license. Better insert another IlL• in your first· name on :the "Operator's Ren-ewal Stub• to avoid possible difficulties some time in the future. Do it before you forget abeut. i't.

Judge Bartlett is right about there being no necessity for incorporating the agreement in the decree in toto. I didn't even know Devlin had sent it on. You recall what I told you about him. '!he agreement can be made a p:.rt o:f the decree by proper reference to 1 t uJi thout going into any of the details of the same. Judge Bartlett can insist upon that, as it was definitely part of our agreement on both sides that the terms were not to be disclosed by either of us. Doctor Bishop would be very mucm hurt if that occured.

As I told you, To~ will execute two copies here, and deliver the sane to llr. Devlin. Upon our arrival there, you will execute the same with a Reno date, and acknow-ledgement. Proper reference can then be made thereof in the proposed decree.

As I recalled to you last night, whEn llark was in the picture, Tommy objected to any agreement being signed, fearing a change o~ he~rt on your part might leave him in the air, aa bef'ore, bu't w1 th a mneh Mgh&r SJlte. When Mr-. Devlin came into the picture we waived that on condition that everything be put up here in the way it was with Doctor Bishop's help. Tommy appeared to appreciate our gesture very much at the time. ~e fact was, that waiving it, meant not one thing to us as long as matters were arranged as they were. We were in a much better position. I fear that our apparently magnanimous gesture was accompanied with such graciousness that 'l'ommy himself now fears a nigger in the woodpile was being con-cealed, or has recalled the old adagez•Beware of the Greeks when they come bearing gifts.• And so, he wants an agreement. It means nothing to you one way or the other, end so ~Ne 1.vi.ll give him one.

I plan to leave with Mr. Devlin by plane either the morning or evening of October 27th. (By the way why do you always go by the night plane? Because you hate to get up in the morning?) Sam and Doctor Bishop are to be in .the Doctor's

CARL HELM ATTORNEY AT LAW

220 SOUTH ST.

NI!:W YORK CITY

TI!:L . DRYDOCK 4-.000

office around the corner from the bank, awaiting a call from Mr. Devlin and myself. We will have things ao arranged that Sam C3.ll immediately ef:ect the transfer of the proper :f\m:ls to your account and ours, as agreed, and there ·.dll not be the slightest possibility of any hitch. How do you like your own movie plot?

I think because of your car registrations, the London matter, and several other like reasons, the proposed decree should not ask that your maiden nane be restored to ~ou. You should remain, at least f or the time being, Marcelle

• You should tell Judge Bartlett this. ~--------------~

Jay was so busy with his baseball series that we have not seen him. He phoned Betty yesterday however and we will probably now be see~ him.

Please extend my regards to Judge Bartlett a:ld to the girls. It will be a pleasure to meet the JUdge Slitd Krs. Bartlett. I know they must be darlings or they would not have darlings for daughters.

Betty joins me in loads of love to you.

Sincerely,

CH:H

·.•

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LICENSE NUMIER-DATE OF ISSUANCE STATE OF NEW YORK-DEPARTMENT OF TAXATION ANIJ FINANCE-IUREAU OF MOTOR VEHICLES

OPERATOR'S LICENSE

12sooiOSEP2437.1 ISSUED BY··THEKK" I STATE oF NEW .rOOK 1 I

Print Name

BUPij)Q ·-'(iUlita ICL!~

EXPIRES MIDNIGHT, SEPTEMBER 30, 1940 I 1 I I

I

; l ~01-····. /J/) .!l., ... / P.(-4 ~~~;;;;;·on J .... • r _ • ........... ~----~; NO VALID UNTIL DATED AND NUMBERED BY ISSUING

OFFICE M.V. 2

STATE OF NEW YORK-DEPARTMENT OF TAXATION AND FINANCE-IUREAU OF MOTOR VEHICLES

OPERATOR'S RENEWAL STUB

TO BE PRESENTED FOR RENEWAL OF LICENSE EXPIRING SEPT. 30, 1940

z u t 11:11

~ z

r LICENSE NUMIER-DATE OF ISSUANCE

80010SEP~437

g ......................... s;-g.,--y-,;;;~·z,;-a;;,-e·i·~·-'F-uii=-ri;;,"T;.·t;;QiS····--···--·-·--------IMPORTANT NOTICE

THIS RIENEWAL. STUB IS NOT A LICENSE BUT MUST REMAIN ATTACHED TO LICENSE UNTIL APPLICATION IS MADE FOR RENEWAL.

M.V.2 ·~

lj

and A G R E E 18. E N T

I, WDREAS, I'" KAROBLLE .....__ _______ , of the 01ty

jj ot Reno 1 Count7 ot Wuhee, State ot lleYada• waa lntul.lJ'

l marr1e4 te THOMAS i'RAlllU..IB - · ot the 01ty of Hew Rochelle, CoUDtJ' ot Weateheswr. S'ate of lew Yopk, on tu

Sth day ot Ootober, 1911, 1n the State or Coaneot1out, and

ever a1noe haYe been and now ar. wlte and huabandJ and,

WHERBAS 1 dlvera and UDhapPJ dltterencea have arleen

between me and rq aa1d husband b7 Naaon ot which we haft been

and now are 11rtag aeparate and apaJ"tJ and,

WHEREAS• it la mJ deaire and intention to releaae and

rot-eYer <11ac~~~• rq aa1d husband. troa &DJ' and all clala oJt

clailla of •••r.r ld.ud or nature, aa 1a m.ore pan1oularly es-preaaed heraeatter, tor the oona1derat1ona and p:roat••• herein

aet forth, now, therefore~

DOW ALL JIE.I .BY 'tBESB PRESBM'It That I, M.ARaBLU

....._ _______ • •f the · OS. t7, CouaQ' and state hereinabove

mentioned, 1n eona1derat1on of the pNJdaea and promiaea hereia

coBtalaed, and tor ether good and ftluable oon.1de:rat1ona, do

st.1pulat,e •• tollowar

PIRS'ta '!'hat ftt011 the date hereof 1 ., •1d huaband

and JrT••lt ma,- live and ahall eontf.mle to 11'Ve aeparate .and

I. apart, and eaob ot ua mall be b-ee troa th.e interterenoe,

authority and csontrol, direo\ or 1Dd1rect. b7 the other u tull7

aa if I or mJ said hu.band were sole and unmarried, and each

or ua may conduct, carry on, and engage in any emploJment,

buaineaa or trade which to mr said husband or to me shall aeem

advisable for his or tor my sole or separate use and benetlt.

SECOND a That ne1 ther I nor Jff1. a aid husband shall

moleat eaoh other, or compel nor attempt to compel the other

to cohabit or dwell with each other, by any legal or other

action or proceeding, tor the reat1tution or conjugal r1ghta,

or otherwtae,

'rHIRDa That each of us, namely-, mr huaband and

m:yaelt, shall have the right to live separate and apart at

such place within or without the United Statea aa he or I may

deaire or deem proper,

That each or ua shall and may own, have

and •njOJ, independently ot the other, or of any claill or

right ot the other, all items of personal property ot every

kind, character, nature and deaar1pt1on, whereaoe~er situated,

which are now owned or held by mJ husband or _,aelt, anq/or

which may hereafter belong to or be aoquired or come to either

or us, with full power in J11Y said husband and 1n D!Jielf to

dispose of the s ame aa tull7 and ettectuallJ in all reapecta,

and for all purposea, aa it mr hu•band and myself were 1ole

and unm&l'r1ed.

P'IF'l'Ht That each or us, na.melJ, rq huaband and

myself• releaaea and relinquiahea to the other, and to the

heira, executors, adm1n1etratora and aaaign. of the other, all

claim or righta or aupport, maintenance, dower, courteSJ,

distribUtion, or right ot eleotiOD tinder the T>eo.clent '• Batate

Law , or otherwt .. 1 1n and to all the real ar¥1 peraonal propert)"

ot tbe other, whether now owned or hereafter acquired• and I

do hereby apeo1t1call7 rel ... e and foreYer d1aoharge, and

by theae preaent.a do, tor IIJ'ael.t, ., heir~, ezeoutora and

ad111n1•tratora. releaae and torenr 41tlohaPSe -.16 lmaba.Dd•

THOMAS JBA.II:LIJI - · h1a helra, ueeu~r• as &4alD•

1atra tore • ot and .troa &nJ' and all olala or olaS... • ot or tor aupport, ma1n~nane•, dower, oo~te.-,, d1atr1but1oa or r1pt of

eleotion under \he Deaeclen~ '• Eatate Law, and ot and. ti'Oil ~

and all claiJU of •••1"1 Jdnd or natuN, aad of aDd hea all

aannezt of act10Da and eauaea of aotione, aulta, debta, ....

ot mD..,., aoeov.Dta, reokonlna-,pz-omS.•••• ether than the pa,_at

ot the e\DI herufter ••t torth to • b7 ., aaid husband,

c!amag••, judpaent•, or demand.a whataoewr, 1n law or lA equiqo,

whioh againat ., aa1d hu.aband. I eYer had or now have, or whioh

I, or ~ b.e1ra, exeoutore or adldnlatratora, hereat"ter ... ,

ahall or -.T haYe, tor, upon, or bJ reaaon of &DJ' •tter.,

cauae ot t hiJts whataoewr. Eaoh at ua are tu.rthe• MN"J'

barred troa ••••rtlng aga1ttat the other &BJ ri&kta or olat.l

bJ war ot 1Dhe~1taao•• de•o•nt, d1atributioa or eleot1oa ua4er

the Deoe4ent '• Batate Law, or othel'W'l"• and I will a181ltaa-

eoualJ' herw1tla1 or at arq time hereatM!9 upea 4eaaD!• ueoute

and 4el1'f'V proper iutrumen'• ot w&1ftr 1Ulcler Seettoa Blptea

or the Decaed.ent '• Batate Law, it be1ft8 uadera•ocl, howeYer,

that I reoopih that thia iutJI'UMJlt 1a 1a iuelt a n.1"t.zt

o£ aaid s .. t1on Elgbteen ot the Decedent'• Betate Law.

SIXTB.t

now egnea to pa7 to • 1D oaah the total na ot One HuadNd

...

Eighty 'l'houaand ($180,000.00) Dollara, in full pa)'Dlent for any

support and maintenance 1n lieu ot anr other prov1a1on. I

have no other claims or demanda aga,inat Jlt1 • aid husband, but

if an7 ex1at I do hereby waive the aame. In accepting the

._ttoresaid aUil of One Hunl red Eighty Thousand ($180,000.00)

Dollara for my aupport and maintenance, I do herebJ represent,

warrant and agree

(a) That with thie aum or money I will be able to

maintain JD1SeU' in a manner oommenaurate with that in which my

husband and I have lived.

(b) That I have requeated 1II'f eaid hueband to make

thia proVieion in a lu.p aum rather than on the bas1a ot

periodic al1moDJ because I believe that I am tully competent

to 1nveat the aame properl7 and eonaervat1vel7, and I herebJ

agree that in further consideration of the payment being made

in the manner proYlded for herein, namely, on a lump .ua basta,

I will not waate, aquander, or otherwiae tooliahly t.peril or

jeopardize the principal and income or the aforeaaid .wm.

(o) It ia within DfT knowledge that 1f11 aa1d husband

ia the beneficiary or a Truat Eatate, having a principal in the

neighborhood of Two Million ($2, ooo,ooo.oo) Dollara, established

by the deoeaaed father or my aaid buaban~ purauant to the Laat

Will and T~atament or said father. I also know that mJ aa1d

husband baa certain and other property outa1de of the truat

tund, and that he haa certain obligation., among wh1eh are the

payment ot al1mnr to a former wife of '111'1 huaband, the paJlllent

or Federal and New York State Inca.. t&Xe8 1 lo~al taxea, and

other expenaea. I further agree that mJ .. 1d huaband haa

been fair and honest in the information he haa given me 1n

respect to his asset• and financea, and that the sum ot One

Hundred Eighty Thouaand ($1801 000.00) Dollara ia a just, fair

and equitable aettlement.

SEVEtiTHI That neither I nor mJ husband shall be

or are precluded from proaecut1ng any action for divorce at

aD1 time or plaoe, for any conduct or acta or either ot

ua committed prior or .ubsequent to the date hereof. And in

the event that at any ttze hereafter a judgment or decree ot

divorce shall be rendered to either ot ua in any court ot

competent jur1adict1on, whether in thia State or in any other

State, I agree and consent that this agreement shall remain

in . .tull force and effect, and tb..e proviaiona thereot lllll'J be

embodied in &D.J' judgment or decree, or may be ratified,

approYed and adopted by reference, and no auoh 3udgment or

decree ahall affect, change, alter, mod1tJ or be in conflict

with any of the proTialons or this agreement with reapeot to

the pa,..ent to be made to me for r~q support and maintenanoe,

and otherw1ee, aa hereinabove eet forth. In any event~ all

proY1a1ona or this agreement shall aurY1 ve the proT1s1ona ot anJ decree ot d1v~roe which may be rendered between -r buaband

and myaelt in anJ Court ot competent jur1ad1ction. And I do

herebf accept the prov1a1ona of thia agreement in full and in

lieu of all future al1mo'Q7 and all future right• to aupport

and maintenance.

EIGHTH I The execution ot the within agreement

abbrogatea and renders null and void all previoua agreement• ot

any and every k1nd and nature whatsoever, aa if aa1d agreement•

had never 1n any manner existed.

-8-

NIBTHa No waiver or mod1t1eat1on ot any ot the

term. of this agreement Shall be valid unless 1n writing.

No waiver of a breach hereof or a default hereunder &hall be

deemed a waiver ot any subsequent breach or default of a like

or s1m.1lar nature.

IN WITNESS WHEREOF, I have hereunto cauaed th1a

itatl"WDent to be executed, and have set rq hand and aeal

hereto the 28th day of October, 19~7.

_,_

i I I II II

ll II STATE OF NEVADA,

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s s. OOUI'l'\. Of WASHOE,

on th1e 28th da7 ot Oo\ober, lN7·, peJ"aonall7

and Stat~ Jli.l\OELLB , kaoWA to • to btl the

person cldor1M4 1n and who ueeuted the torep1JtC 1JlatpqentJ

Who aolmo1rled&e4 to • that ahe exeouMd the ••• ~~17 arad

~luntar117 and tor the uaea and purpoaea theretft .. nt1oaa4.

II WITNESS WHEREOF; I haTe hereUilto aet -., hand and

att1xe4 .., ott1o1al aeal, the d&J and. year 111 thia oert1t1oa'•

1 lo. ~77 6 7 Dept. lo./

2 II !BE SICOID JUDICIA~ DlSTRIC! COURT Of TBE STATE OF IKVADJ.1

3 11 AID fOR TSE COOITY 01' Ju~saon.

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wificiLL& , !....-------Plaintitt,

_.,,_ TBOII.AS FRAJKI.ll

p&CBii 2l DlVORCI the aboYe entitled eauae comina on tor beartna on thil

29th da7 or October, 19~7, before the aboYe-entitled Court, the

unders1aned District Judae pres141n&, s1tt1nc Without a JurJ, a

trial ·bf ~ur.r baYina been wa1Yed, the plaintiff appearina in per-

son ud by her attome7, Geo. •· Bartlett, aDd the detedant ap-

pearinc br his attor,fteya, Platt • S1na1J and it appearinl to the

sati1faction or ~e Cour\ herein that the defendant has appeared

1n this act10D and has tiled his Answer herein to tbe Coaplaint

or the plaintiff and said action coaiDa on tor trial upon the

Coaplaint or tbe plaintitt aad the Answer or the defendant, and

8"f1dence bein1 introduced in said cause, and the Court baYinl

been tullJ ad"fised 1D the pr .. ises and ha"fin& dul7 considered the

law &Dd the e"fidence, and ha"fin& rendered ita decision in faYor

of the pla1nt1rt and &l&in•t t.he defendant, aad ha"fin& heretofore

tiled 1 ta Findin&s or l'aet and Conclusions or La• wherein 1 t

tindl tbat pla1Dt1ft ia entitled to a Decree of DiTOrce troa de-

tadant as hereinafter pro"fided&

lT lS ORDIRID, ADJUDQ&D ABD DECR&ID that the bonds ot aatr1Ao117 heretofore and now exiatina between the plaintiff,

1 •ARCILLI ....._ _____ _.11 and the de!endam.t, THvJUS FRAilG.,IJI

2 111, be and the saae are hereby d1ssolYe4 and tbe par-

3 ties treed trora the reaponaibili ties and obli&ations the reo t, 4 and rea\ored to the atatua or uaaarried persons, plaintiff bein&

5 hereby sranted a Decree Of DiYOrCe from defendant, absolute in

s ro~, force and ertect, and ~

7 _,./ lT 15 FURtH&R ORDERED, AD.JUDGED AID DICPEiD that the

( -AM ..... •&i A1re•ent of October;;.~, liS?, aettlin& and adJust-

~ in& their respeot1Ye property ri&hts, ••1ntenance and aliaony i I

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and all r1&hts, cla1Jils and deaanda or eve17 kind, nature and

character by each party as ucainst the other, adaitted in e•idenoe

herein and marked •Defendant's Exhibit A•, be and the saae is hereby approYed, conf1raed and adopted, in all respects and to the

1~ same extent as though the same were herein set forth in haec

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OOlfB ll OPEl COtntT, this 29th da,y of October, 1937.

'""" ....... ,,_ Diatrict Jud.&e.

-I-

Mr. H. G. Fergua•

22 ~eat 17th Street.

lew York C1t7•

MJ 4ear Mr. F•sua a

Oct. 15• 19~7

·IhaYe just diacoYered• caref'ull7 put awa7 in rq

..... __ • who gaYe them to me w1 th 1Datructiona to Hturn them to 7011

nth her regret that ahe could not coapl7 with 7our augge•tioa.

The filing instead or return1ng them torthwi th waa due to .

m18UDderatand1D& 1n 1111 ot.t1ce. I am aorrJ and hope the dela7 baa aot

caused you serious inconYen1ence.

P/

INVI!NTOR ·DESIGNER AND SOLIE OWNIE"

OP' TH•

~. G. FERGUS 'SWAN DOLPHIN' 22 West 17th Street

MOTOR 80AT

New York City ~11-I?J? ---