The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-18

10Th Of March last was al her funeral and was pre-
So Mt Mt the execution Of the will
Cross-eraminedl received the viii marked exhibit
Az from my brother, Peter Schermerhorn since de-
ceased; the testatrx knew had itshe saw it during
that time the occasion OF the execution of the cod
Gil. written the same exhibit the 3rd Of April,
1874. do not know the handwriting of exhibit ZAP
the codcil is in my handwriting. ! don't know that
she it from that time until the seal torn off the
will had instructions in writing to draw the will
offered for probate, except that was referred to
the written wil-at the time the reference made
knew the contents of the written will | drafted the
last will at my Office; read it to her few days prior to
its execution-it may been the morning of that
day, present but herself nd myself; don't
think she read it herself don't remember whether she
had it in her hands not read it to her. produced
1t when 1t executed, | took it after she had
signed it, the two questions put to her to its
ton, were put by the subject of changing the will
had been spoken of by her during the preceding sum
mer and autumn Several papers have been in my
possession containing the of several of her rea
tves with amounts in figures set opposite their names
on the same paper, or q paper attached to it.
Q-Was a request signed by her, to the legatees in
the will named, that when they came into the pos
session of her estate they would distribute to her
relatives in such paper named the set opposite
their respective names!
A-On or attached to the same paper was agree
men in writing signed by the legatees, promising to
comply with that request This is the general charac
ter of the papers The more recent ones were in my
handwriting, with the exception that some Of the
me- and marked exhibit b. is that instrument 1t
signed by testatrix ut her at Mrs Jessups
the day bears date the oath day of December 1S47
hours prior to the execution of her will it
signed on various days by the other persons whose
names thereon, prior to her signing it, 1t
drawn days prior to its date perhaps two weeks
1t probably signed by the others two three
days before she signed It, i don't remember whether
she after 1t drawn before the others signed
it, The whole paper was written when she signed her
name toit drew it by her direction; copying some
parts from that had previously existed think the
paper from which it is in part copied, is still in my
possession, and think it Is in my handwriting ]
don't remember when it draw nit is only list of
|
one produced | don't know what has become of
the others; think some of them were destroyed by
me- at her request, after others had been prepared
There agreement attached to one l destroyed
generally similar to exhibit BIZ signed by Abraham,
signed by testatrx after requested the attesting wit
to attend on the execution of the will don't
recolect whether she read exhibit B., before she
and amounts | am tolerably well convinced she read
herself. We alone in the room when she signed
it, had instructions in writing for drafting exhibit
"B,' except reference to the other papers. don't
remember whether other persons were present when
she gave the instructions; the drawing Of the new
paper -, necessarily became the subject of
sation when she instructed me to draw the will to
which it referred 1t is impossible for to state the
subject of drawing exhibit app don't recollect who
first introduced the subject of drawing new paper-I
the testatrx. don't think there any CONVEX
sation whether the persons named in exhibit b.
would get the amount mentioned the fact was taken
for granted think there nothing said in the
versations between and her about the expediency
the mode she had adopted in dsposng of her pro-
perty; can't remember whether after first reading
her last will discovered any thing to make doubt
whether she understood it; | presume something Of
that kind must have occurred, to make me read 1t
second time. After the examination of the witness
finished, the case was adjourned to Wednesday next.
SUPERIOR COURT June 16-Before Judge Sandford-
Chase Mechanics Banking .associatiOn-The jury
could not agree, and were discharged.
Before Judge vanderpoel-Hathorn rs. ,Chester-
horse The defendant pleaded the general issue and
served notice of set off The jury in this also dis
agreed and were discharged
SUPERIOR CoURr, June lin Banco-Decisions-
Rufus p. Tuck, Us Robert Mine-This was appli-
cation by plaintiff for new trial The facts of the
case were these The plaintiffs brother furnished
goods from time to time to the defendant, for which
notes endorsed by q man named Hay given,
amongst which was the note in suit Hay afterwards
became embarrassed and arrangeme mt
tered into; whereby it was agreed that Hay should
give up his goods to him, consisting of shoes, boots,
&C. and that the latter should take up the notes AL
bert Tuck afterwards became embarrassed, and went
into agreement with his brother, the plaintiff, to
take up the notes. and that he Albert would hand
him over Hays goods. Here then, said Judge Wander
poei, find express contract on the part of the
plaintir, by which he bound himself to take up the
housekeeping into the place of his brother and
agreeing to take the burthsn on his own shoulders;
and therefore, think judgment should be given for
the defendant. Judgmen Mt accordingly.
Darid Tylton, Us Moses Baidcin-Ths was a motion
to set side report Of referees in action brought
against defendant. for bill of poultry sold by
$40 The ground Of defence taken by defendant is that
the goods given to his wife without his knowledge
consent. We think this is not good defence. The
wife carried this business openly and in the most
public part Of the city We think therefore, he is Ii
able. In all the that have looked over bear
ing this subject the husband held to be liable
the act Of the wife and that she his AGENT and
particularly in case in 10th Johnson it is held that
the husband is bound by the acts of his wife Motion
to set aside report denied
Edward, Plaintiff in Error, Us. Bonneau, Defendant
in E,rorJudgment reversed, and new trial ordered in
Court below, without costs to either party
Buck u.s. MeipiHe-Judgmen reversed.
CouRr OYER AND TERMINER June 16.-Before
Judge Edwards, and Aldermen Kohler and Adams
Indictment for Murder-Thomas Hayes was, this morn
ing, arragned on an indictment for the wifu murder
of his wife, to which he pleaded not guilty His trial
is fixed for Tuesday next
CIRCUIT CouRr, June 17.--Before Judge Edwards
Mr.. BENJAMIN TAyLoRs WiLL-Jonn Doe Us. Ric hard
Roe.-This cause was given to the jury this evening,
who, after short consultation, rendered verdict
that the testator not of sound mind when he
cuted the will, and that therefore, the will was void.
Court CALENDAR FOR Acknowledgement Court-56,
g. g. 60 70, H. ~ 4o2 26 81 H. 4S, 40, 49, 30 49,
49, Al AZ 81, 3d. so. 49, So, CO. Superior Court 70,
a. 103 49, 292 4, 81, 25 g. 90 go $780, 81 90, 104,
no. TO- $780, &c. 16O ia 175 III 49, $780, 1s1 1s3 1884,
1856 49, 81 g. Is. co. ILL., IT, 49, no. S. lis. 49, &C.
~ 80, 1885, IL, 1884, Common Pieas--l, 2, g. ., 9,
Z, g., 9, 10.
The GREAT FIRE IN MISUNDERSTANDING
HOUSES DESTROYED. have received the parti-
culars of the fire at Norfolk Va elegfaphc account
of which published Saturday 1t is said to have
been caused by incendiarism, the torch having been
applied to mass of dried lumber which lay between
two Of the most extensive lumber yards situated in
the most popuous part Of the city; and ere the fire.
men could reach the of confagraten, the huge
mass Of seasoned lumber wrapt in flames. Driven
with rapidity by the wind which from the south
west, the fire spread to the adjoining tenements and
thence, the current of the air directed east to
Woodside's Lane, devourng the buildings on either
Sides to its southern terminus west to Fayete street.
heapng in continuous ruins both its sides to its south
ern terminus-save only buildings occupied by Messrs.
Williams, Staples Williams (Which were rescued by
the cxertons Of the officers and of the navy yard
and the merchant marine in our port with their
crews; thence northwest Water street-sweep
ing its northern side from Woodwde's Lane to Wash
ngton street. dsfyng in its march every human effort
until 1T had devastated every lane and street inter-
vening to Main street-and thence down Main street.
from Washington street to the residence of Mrs Chap
man, where its further progress was stayed, but not
until 1t had crossed Main and destroyed the frame e
nement owned by Gov. Tazewel. At O'Clock this
morning the fire ceased to spread The loss, though
great will we trust, not long retard the increase and
of our nrnsnerinc city of whose