The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-14
Superior Court.
Before Judge Oakley.

THE GREAT LIspENARD WILL CASE
Fee. l3.-Heien Sophia Lispenard, Julia Lispenard,
Esther Lispenard Robert sewart.-This present &C.
ton of ejectmen brought real
longing to the late Alice Lspenard. deceased which
devised by her to her Alexander Stewart
and by him devised to the defendants and involves the
make will by the said Alice being alleged by plain
t that she was not of asound and dsposns mind at the
time the will made The estate involved in this pre-
sent question Is No 40 Watt street. The amount of pro
pery depending upon the decision Of this to
from two to six millions Of dollars Benjamin F. Butler
ESQ., counsel for plaintiff made opening speech of
vera hours in length but of great ability cearness
power and sound reasoning The first part ofhis speech
condense and give briefly follows:-
GENEALOGICAL MECHANICALLY. 1906, Anthony Lis
penard, Sen, and his wife, both died He LEFT will dated
Dec. "a, 1902 and left his surviving two eonad
and Anthony two daughters Alice and Sarah (wife of
Alexander L. stewarD and one granddaughter Sarah B.
Bache (ony and orphan child Of his deceased daughter
Helen Bache, and subsequently the wife Of Robert Mont
gomery LiviDgston)
Jan. 1885, Anthony Lispenard Jr., died unmarried in
estate and without ISSUE leaving his heirs law his
brother Leonard Lispenard his sisters Alice Lspenard
and Sarah Stewart and his niece Sarah B. Bache.
1917. Leonard Lispenard died. leaving two and
two daug hters; his wife died some ears previously
Oct. lssl.-sarah (wfe Of Alexander L. stewart died.
Jan. 1886 Alice died. aged So years. her next of kin are
the following, wiz
l. Helen L., wife of. Watson Webb.
2. Mary j., wife Of Stephen H. Webb.
g. Sarah A.. wife of Charles s. Stewart
T. Lispcnard Stewart.
s. Eliza B. Stewart.
g. Matilda w now wife OF Herman c. lie Roy.
THE above six individuals children Of Sarah and
T. Sarah B. Livingston. daughter of Helen and Paul
Dache and widow OF Robert Montgomery Livingston.
s. Helen B., wife of Aug. A. Nicholson.
q. Sarah Lispenard.
fChildren Of Leonard Lispenard.l
NIB Anthony Lispenard, son of Leonard Lispenard,
children who orphans niecer Major Nicholson
They are the plaintiffs in this present cause and resided
in Canada
From Mr.. Buffers remarks also gather as follows
Anthony Lispenard died in 1900. Made his will lin 1907
and codcil to il in 1905 By his will he devised $500
out of his whole estate The whole his estates ere
devised under the above condton his two sons An.
hony and Leonard and to his daughter Sarah and his
granddaughter Sarah B. Bache The reason why Mr.
Lspenard made dis motion in the of his daughter
Alice is stated in the following clause of his will e"As
it hath pleased Almighty God that nv daughter Alice
should have such mbecity Of mind as to render her IT.
capable OF managing or taking of property my will
is" &c. Alice was % old when her father died
The executors of the will were his wife, (who died
Year, and his sons Leonard, Thomas and Anthony
The codcit subsequently added to these executors his
daughter Sarah, wife of Alexander L. Stewart as exocu
trx. The four children each took onequarter the
went to his two sisters Mrs. Sarah Stewart and Alice
and his niece Sarah B. Bache and to his brother Leonard
four in ALL each of them being entitled to sixteenth of
the hole estate Thomas died before the father Alice
died in Feb 1885, and the plaintiffs allege ntestste for
want Of capacity to make will. The heirs law
reckoned in three branches -
I. The children of her sister Sarah Stewart.
2. Mrs. Sarah Bache Livingston.
g. The dscordants OF her brother. Leonard Lspenard
lact, and two daughters Helen B. and Sarah. The chill
dren of Theopbyact the plaintiff in this present suit
Their claim amounts to sixteenth of the whole Lspen
ard esnte Robert Stewart claims title executor and
devisee of his brother Alexander l.. Stuart
II is claimed by the plaintiffs in this suit
l. That Alice Lispenard the testarix di dnot possess
sound and dsposing mind to make the will in question,
but was imbece.
O. That IL she were not thus of unsound and imbe
Gle mind and ntestable yet that she held scay
and mentally in state of pupiage, Of coercion of juress
OF amt apd under fear and custody of her brother
L.. at The
made the WILL exclusively for their benz fit, aud
her free WILL but by their nga,ion and procure
men Alexander L. Stewart alive at the time oil her
death January 0, 1867 and her sole executor The
whole has been fully lgated before the Surrogate
some thirty witnesses examined SIDE and forty
fifty the other The Surrogate decided ainst the will
Robert Stewart succeeded to Alexander Stewards
tate The Chancellor affirmed the surrogates OPINION
Both these decisions reversed by the Supreme Court
10 Dec ls4 by vote ola 10 point, and u to
on another Mr. Butler claimed that the was argued
before that court at the close of long session. and that
did not receive full hearing from all the members OF that
court That decision. however only settled the question
Of the will far Alice personal and leaschoh pro-
perty were The question the real estate
is still OPEN
the character the unforunae Alice, he expected
TO prove it, We shall very briefly give few points,
That she could read write, cipher, nor even count
her letterscoud only spell words Of two syliabes as
baker bnar cruel" sc. At IS years Of age she prefer
red cent to quarter dollar could only learn simple nur
ery songs could learn the Lords kent out
soeiey not allowed to 60 out alone had the body of
yomen but the mind Of very weak child. She was |
cry incorporate from the time she Is or 10 years
&C. From 1905 to 1873 she lived with her brother Leon.
IA. From 1918 to 1873 she boarded with Mrs. Hewitt,
bout one year; with Mrs. Goodwin three years. with
lrs Taylor III years; from 50 so to IS per week
Gid for her board, although she entitled was
hown to at least $3.50 per From 1923 to January
$50, when she died. she lived with Alex L. Stewart,
er the care Of Mrs. skiman, nov Mrs. Charles $.
lewart
1t is expected that the evidence Of witnesses will
nenco to morrow iath.
For plant 1T Richard Mott, Attorney.
Messrs. Wood, Butler, and OConnor, Counsel |
For defendant. Messrs Chss w. Sandiord, and David
J. ogden.
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