The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-15

Before Judge Oakley.

WnereoI
father died seized and possessed which is very valuable
Those Of the heirs at law Of Alice who opposed the adms
sion of her will probate insisted period OF her
life had she sufficient mind and understanding to enttle
her TO make legal disposition Of her property.
She died in 1885, and in March following the executor
applied to James Campbell ESQ., then Surrogate of the
County of New York. for probate of the will The next
Of kin and the heirs at law Of Alice duly cited, and
proofs were taken in support Of and in opposition to the
application.
On the Goth july 1885, the Surrogate made decree re
usng to admit the will to probate Whereupon. Ro et
der L. Stewart the latter having died during he penden-
cy OF the proceedings before the surrogste appealed
Judge ofthe First Circuit who on the a4h August 1889
affirmed the decree OF the Sur ogatewhich decision
confirmed by the Chancellor the 18th june ls4l after
appeal to him from the Circuit Judge The executor
Robert Stewart then appealed the Supreme Court
the Correction Of Errors.
To the clear understanding of the whole subject matter
in question it is necessary state that after the death
Anthony Lispenard Jr, by which Alice became entitled
10 one sixteenth part Of the estate Of her father she by
formal deeds bearing date 9th Jsnusry 1905
her brother Leonard and to her sister Sarah the wife
A. Stewart the estate real and PERSONAL acquired
GRAFTON OF an annuity Of $1,000 half of which secured
by the bond Of brother Leonard and other half by
ineston and wife The ornban If M
senr being dissatisfied with the convey thus made
by Alice in 1906 threatened some legal proceedings the
ground oil the alleged d0cy Of Alice and to quiet such
proceedings the Of $40 900 given them by
parties to whom the conveyances they
their part released to Leonard Lspenard and Sarah
Stewart the andAce became seized the death
brother Anthony, and all the interest which they then
had, or might hereafter have in the personal estate
and which, the deed of 1905 she had conveyed
brother Leonard. and her sister Sarah.
read in Court.1
In the decision given by the Surrogate. he in
Lspenard had pronounced in his will respecting lis
daughter Aces incapacy to manage and take care of
property most amply confirmed. That the consdera
ton agreed to be paid VIGOROUSLY inadequate bet
ter wanting than the fact that when the
action was impeached in 1885, by Mr. Montgomery Ii.
vingston and his wife, the Of $4,000 paid to them
by way OF compromise; but admitting that the consdera
ton paid sufficient right fair in the grantees
to give payment Of real estate their mere personal
bonds without any other security Mr. Leonard Lispe
nard failed few years afterwards and his bonds were
consequently lost and there would be nothing surprising
stewart
In the Supreme Court, when the question was put
Shall this decree be reversedT the members Of the
In the Affirmative Senators Dickinson, Furman Hop
Hins Humphrey HUM Hunt H. A. Livingston Peck, Platt
In the NEUTRALITY-SUSPICIOUS. Clark Ely, Hull, Hunter
Johnson and Nicholas-6.
Evidence to prove the genealogy Of the PLAINTIFF
Mr.. J. B. SATTERTHwAITE sworn-I knew Theophilact
Bache Lspenard when in Canada he had three children
who survived him. viz Sophia, Julia and Esther the
plaintiffs in this cases the youngest q years of age
Theophilact B Lspenard died in 1884, These children
came to New York about 1887.
Plaintiffs here rested.
Mr. OcDEx moved for nonsu on the ground that they
are aliens. The non-suit denied.
wife of Alexander L. stewart Of her right and title to the
estoe Of Anthony Lspenard deceased in consideration
$500 per annun during her life.
He next read thu will OF Alice Lispenard and denied that
under the plaintiffs could from
Anthony LisPsnard This again threw the uron the
prosecution
Mr. OCoSNsn then read the convey of the person.
al propertypf Alice Lispepard to Mrs. Sarah (wife
Alexander l.. Stewart, and Leonard Lispenard. He
next read like conveyance OF real to- aad by the
parties He then ntroduc ed the following witnesses
to prove the character mhecilty and idocy Of Alice
WELL from her infancy She testified to the great mbec
lily of Alice her inability to- read &c &c. when she
spoken to- she answered in monosy llabes aud YOU
could scarcely understand what she did say She never
went out alone, at all Mr. Lspenard held the very
Alice always had to dress her. undress her. her.
and to put her to bed never Alice at church The
stantly the father not churchgoing man never
saw Alice at play sh did not appear to know anything
she wa; n0nentity never saw her do anything in the
family but shut the windows at night she would always
60 round and do that and you could her she
was exceedingly rrascibe and at res she had remark
able mouth watery and she had idotic appear.
in her latter years. her often enough 10 see
that there was no change in her.
Mrs. Harriet LEE FREEMAN, sworn-I reside at Is3
Lawrence street my mothers name Lavinia Hewitt;
she is not living knew Alice Lispenrrd 20 years
ages my mother lived with Mr. Lispenard housekeep
er about eight years think Alice q silly woman
an IDIOT and was always by the Mrs
Freeman testimony corroborated the general views set
forth by the plaintiffs in relston to Alce imbecity
capacity and idocy.
Alice, from the time she 10 years Of age. Alice
woman grown; AN 81 years old Alice was living at her
fathers, on the hill
This witness also confirmed plaintiffs positions
MIS-. MARY BLEEcKER-l knew Alice from child; am
between so and So considered Alice IDIOT On cross
examination Mrs Blocker said she born in TIT ma
king her 66 years of She confirmed plaintiffs points
Mrs. GRAr sworn and examined. reside at 100
Alice boarded with my mother from 1917 to 1898; NV mo-
her then resided in Grand street. between Mercer and
Green; she moved from there to Herring street [now
IN 70
street. next to Spring street, next to Nicholas William
next to Wooster street. next to Bus,wick. L. Alice
very silly Witness tried without teach her TO
SPELL and also the Lords prayer She could, sometimes
spell baker" as saying the letters and Alice
repeating them after mel don't think possible to have
doors by direction Of Mr. Stewart she hadn't sense
enough to keep out ofthe way of carriages to keep
rom getting run over my mother Away: had to wash
her dress her. comb her hair put her stockings and
put on her caps pulled out number of her teeth for fear
that she would swallow them-they became loose
WnLHMB BALDWIN colored, sworn-l reside at New.
ark keep refectory knew Anthony Lispenard and
was in his service for the last ten years Of his life il was
was IN the the FAM in
I'VE years afterwards with his Leonard know Ell.
sic she was 10 or y years Of age when first knew herr
versation with hers she would seldom tn pur-
pose have seen her choose sxpence to dollar fire.
choices she thought the sixpence the pretest she did
not appear conscious at all when her father her mo-
sne. died she did not appear to mind i ALL to know
have frequently taken her from the table never heard
ner ash At table for any particular thing she would cry
Crossersmined6y Gen. sArDroRp-I am about So ears
OF age have seen Alice ths worse for liquor kept the
KEYS and mad sole charge Of the liquors told Mr. Mont
knowd she fool she had no memory she would
sit in the window looking out day in and day out with one
waist '' ''"'''s u'"h W her
DreetLi was for six years steward of the Great Bri