The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-25
SuperlOrIC Court.
Before Judge Oakley

MARCH 2l.-Abraham Sche,merho,n, and Helen.
his ,rUs W. Ed,oard " Bibby and others-We al
days it was given to the Jury on Wednesday after
noon, who remained in session all night, and came
into Court yesterday morning with a declaration
that they could not agree The Judge remanded
sbOut'll o'clock, finding verdict impossible,
they were again brought in and discharged, so
that the proceedings must be stepped or gone over
de novo. This case is emphatic as TO the old adage
teresting homily might be read upon it. The elder
Van Cortland tOiled, as some of eur millionaire are
toilng, to heap Pelion upon Ossa, add mountain to
mountain, house to house, and field to field till be-
coming ":bHried" in wealth and rubbish, he was
fsuratively, if not emphatically, ga poor man,
His whole ambition seemed then to be in leaving
behind him his name," and with it his immense
estate. He had favorite daughter, on whom
and for her he doubtless formed many scheme Of
splendor when he should have passed away. She
married gentleman named White, to whom she
rapidly gave a family, but died, leaving several
the father. Mr. Van Cortland then made will
devisng the principal portion Of his vast property
in Westchester CO. and New York to his son-in-
law,'Mr White, but, Gas he wished to have the
name Of Van Cortland preserved.( under the sti'
White soon followed his wiie TO the tomb, leaving
the old ,man standing " it'll the third generation.
He then wlled his property to his Oldest grands
Augustus w mite, WIN tne prOVleO tnot ne ShOul0
assume the name of Van Cortland. Augustus did
so, and inherited the property. The latter had 4
brother FAMED Henry, also several sisters, of whom
were Mrs. SchermerhorE, one OF the PLAINTIFF, and
Mrs. Bibby, wife 10 one of the defendants. Au-
gustus died in the spring Of 1889, and his mantle
fell upon Henry, who also assumed the name of Van
Cortland Here thenwas the proud representative of
the name and house Of Van Cortland He male will
dividing his city property equally among his five
sisters, but the landed estate in Westchester coun-
ty, being Of immense value, was to descend TO his
ne phew, Augustus Van Cortland, son of DR.. Bibby
On the I'D Of September, 1899, being in his usual
health, he made codcil to his will in which
the debt due by the Westchester estate was
to be paid from the ether portion of his pro-
perry, and this was to descend to the nephew
clear and unincumbered. He also bequeathed to
young Blbby the plate, horses carriages, wines,
and other personal property on the estate (the
whole causing difference to the olher heirs of
some SO, 900 or $50 000) and IN few days after
wards, laid down and died. His sister Helen and
husband (the plaintfs) contested the codocil, and
now the issue, sent to be tried from the Ghancel.
lors Court. Truly had the grand sire been able to
rise from his grave appear in court, and hear the
character given to his representative by his own
blood witnessed the heart burning, the blasting
OF reputation, the divisions caused among the chill
dren of his daughter, the convulsive scrambling
for that which he had accumulated with so much
toll and care, he could have exclaimed els this
the harvestf' The plaintiffs contend that Henry
Van Cortland, through intemperance, had become
imbecile in mind, and several Witnesses were
brought up, among them his own servants, to
prove that he was q common drunkard, repair
ing every morning to a tavern sear Kings Bridge,
where he would set all the forenoon drinking bran
dy, smoking, committing vulgar actions, sssoc,a-
ting with negroes and tie lswsst kind Of people,
ana that his course here and escwherelied to such
state of mind as rendered him incapable OF
knowing what he was about, or in law being al 10
amend his will Other witnesses stuck Dy MS
memorv among them his sister, Mrs Bailey, who
declared in answer to question that she was not q
temnsrate man. but not a poor, besotted drunkard,
mere machine, as sone of his relations wish to
MAKE him Two of the jurors, we understand
wcrs in favor Of finding for the plaintiff aad ten for
the validity Of the codocii.
For the plaintiff, Messrs Charles c. King, Jo-
seph w. Tompkius, Charles O'Connor, and Daniel
I.srd. Jr. For defendant, Messrs Samuel f.
LYON, H. B. Cowles, J. Prescott Hail. and A. l..