The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-21

Is that WHICH was reported lew days ago In our
columns, entitled the Mason will case The in
terest of this is increased by the responsibility
and wealth Of the parties interested, on all sides,
and by the particuarities in the will in question,
as well the differences which may be drawn
from the decisions hitherto made In the prelimi-
nary courts.
AS far as we are able to understand this case, it
appears that one of the daughters of the late John
Mason has been, to extent, disinherted by the
will of her father, and deprived of an equal share
with the other sisters. The will itself was made
and sworn to, under certain curious circumstances,
which have already been reported in our columns.
There may, however, be great many facts and
Impressions, and other circumstances connected
with the whole affair, which have not appeared
on the trial, and may, perhaps, never appear.
In the false and Fictitious system of society,"
which, for centuries past, has prevailed in Europe
the property Of families has generally been confined
to one or two branches, while the rest have been
thrown upon the world, or upon the public to obtain
living in the best mode they could. In England
the principle of entament exists to certain extent
BY this principle, landed property is confined to
the eldest son. while the younger sons, by the po-
IN public life or resort to the walks of commerce or
gambling. In all parts of the continent of Eu-
rope, except France, this same principle exists
though the inequality of fortune is not so great as
it is in England. 1t is, however, still too great
for the approaching state of society, which must
in no short time, prevail in Europe. In France
and the United States, the two freest countries in
the world, where all the materials of intelligence
and wealth are open to all, the laws are different,
and the distribution of property is made equal,
generally, among all the descendants of those who
die rich
In this country, however, we have seen of late,
both in the North and South, among certain veal
thy families, attempts made to effect distribution
among particular members of their families, in such
manner as to accumulate greater amount OF
property in particular branches. The Astor will,
which we published, Is a particular exemplifica-
ton of this idea. 1t is generally believed that the
property of the late John Jacob Astor was about
twenty millions Of this he left only five millions
to the various branches of his family; while the
remaining fifteen millions fell into the hands of his
son, William B., who was already worth several
millions of his own-thus making him, probably,
one Of the wealthiest men of this country. 1t Is
true, the mere arithmetician, looking only to the
figures of the will of John Jacob, would not draw
such an inference; but, on looking behind the will,
and estimating the property of John Jacob Astor,
we shall discover that after willing away five
millions, the probability Is, that the rest of his
property will be equal to fifteen millions, all accu-
mulated in the hands of his son, w. B. Astor.
This may be all right and proper. The deceased
Mr.. Astor may be said to have the right, in some
respects, to bestow his property at his death ac-
according to his own pleasure and disposition. But
society has also its rights. Mr.. Astorwa made rich
by the peculiar facilities afforded him by the free
and equal state of society existing in this
happy land. Society, our social system, our gov
eminent, and our laws, which are the organs of the
social system, have the right to prescribe duties
for those who are made rich under its favoring
wings. These duties, as we well know are the
distribution of those riches as equally as possible
among descendants, and not to make such a dam
gerous disposition of them as would lead TO en-
tailments or exclusions, or anything which would
interfere with the well being and existence of
ciety.
Looking, therefore, upon the Mason will in this
point Of view, there is, in the exclusion of Mrs.
Aston, one of the daughters of John Mason, from
having an equal share with the other daughters,
something which looks like inequality and injus-
tce, and at war with the social principles of So
ciety in this country. 1t is true, this WILL so far
has been sanctioned by the surrogate, and one or
two inferior courts but there is no doubt that in
these preliminary examinations of the questions at
issue, there has been great deal of looseness, and
. Joo rs inf 10
now, however, in higher court, and is before the
Supreme Court, which is celebrating upon it. In
doing so, that court must take the responsibiiy-of
making its decision, popular well as a
legal tribunal, before this community and this
country The members of the Supreme Court
are not appointed by the corrupt influence
of the Albany or any other mere clique of the GO
vernment. They are put in their situations by the
independent and free votes of the people, and if
they attempt by any decision, to impair those great
principles of equal justice and equal rights among
members of one family, they must take the respon-
sbity of such decision at some future day, and
that too, without fail The attempt to evade the
great principle of the equal distribution of property
among all the members of the family of man dy-
ing rich, as appeared in the Astor and Mason
cases, has been gaining ground for some years.
1t ls an attempt which is counter to Anne
rican feeling, and to those principles and
that system of society which have given
to this country its wealth, its reputation, its gran
deur, and its magnificence. We trust, therefore,
that the higher courts will be careful in their deci
slons, and study well every case, before they COM
nit themselves in favor of principle, which, one
day, would end in establishing among us that same
state of society which now they are sndeavoring
to get rid of in Europe, by war, and murder, and
bloodshed, and revolution, and every thing else.
In making these remarks, we have no illusions
to the different parties concerned. We are indie
pendent of all influences, but those of morality and
sound justice. We believe them all to be respec-
table persons, both men, women, and children, on