The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-19


SuFREME CouRr, June l7--Befoi e Judges Standard,
ELLIS, and Grsy.-IYiH Of the tate John Mason. Josepd
4 ns M ana mels ms sys aPaelanps rs Isaac Jqss
drew Gordon Ham@ersly and Others respondents This
was an appeal feem decree of the Surrogate Of ehc city
and county of New York, bearing date IN April 1872
granting probate Of Mr. Masons will TO Isaac Jones
George Jones and Andrew Gordon Hamm-ray. fsqs,
and to Mary and Rebeoca Jones' the executors and exc
cutrixes therein named The deceased the Goth Of
September, 1889, about hour before liz death
cuted his last will and testament and thereby devised
and bequeathed to his three daughters Mary Jones,
wife Of Isaac Jones' Rebecca Jones. widow of isaac c.
Jones' and Sarah Jones Hasnersly wife OF ndrew Cor
don Hammersly: and to Geo Jones the husb nd of his
deceased daughter Serena and to erhers, cXecutors
mnstrators and assigns forever, equ. undivided
eighth part OF all his real and personal
naming one equal undivided hai pat, he devised and
bequeathed to Isaac Jones, George Jones' and Andrew
Gordon Hammersly his executors and trustees, and
the survivors ana survivor 81 them upon trust for the
improve the same at their best discretion, and to
collect and receive the rents issues profits aud in
come thereof aud by aud out of the same, so
much as might be necessary for that purpose to pay
the following annuitiss, viz; 10 his daughter Helen
for her own separate and benefit aud upon her
separate receipt clear nuuty OF $4,000 to his son
James Mason, clear annuity OF $780, to his
Henry Mason an annuity Of $500; and to his
John Mason .r an annuity of $4,000 each of said
nuties 10 be paid IN two equal instruments at the end
OF every sA aputh, during the lives of said four
nuitants, rNcept that OF Mrs. Aston, whose an
nuity was u upon the happening of certain
tingenc therein mentioned. in which event she was
10 be entitled equal, undivided fourth part Of
onebalt OF the tcstat0rs property, real and PERSONAL
and in he eyent.pf The death of his sons James and
Henry Mason, leaving widow widows him or them
surviving such widow widows should be entitled to
the auuuities so a. Aforesaid devised to their hus
bands and with regard the trust shares Of the said
Mrs. ASTON, James and Henry Mason, long as they
mgat seyeIy be without issue living, the surplus Of
the said income after paying said annues was to be
paid from time to time to his daughters Mary and Re-
becca Jones, and to his sonnlaw George Jones' to his
daughters, Mrs. Hammersley and Mrs Alston-prov
ded however, that Mrs. Aston not to receive any
he
death of her husbands but in the said four
nuans had issue living, then each of said issue was
to receive equal share taking by representation and
not per capita and to tho share OF his John Ma
son. jr,, who unmarried and not likely to be
married he gave devised and bequeathed the equal
iourt part OF the remaining nan part OF his testators
estate, both real and personal together in the mean
time that is to say during his lifetime with the surplus
Of income thereof after satisfying the said annuity to
him. TO the several persons and for the several estates
and upon the several contingencies herein lastly above
speched; aud upon the deaths of his sons James and
Henry Mason leaving issue he devised their shares to
their respective issue take, by represe alton
but should they die without leaving issue them suryi
wing chen he devised their shares his daughters
Mary Hebccca, Sarah and Helen and to the said Geo
Jones the husband Of his daughter Serena and their
issue share and share alike such issue taking herein
before mentioned; and, lastly he constituted and ap-
pointed the persons herein before named his
hour after the execution Of his WILL and the 2st
day of October 1889. it brought into the Surro-
gates office, and probate granted, by James Campbell
ESD Surrogate, on the same day, to the executors
therein named On the Goth of October, 1870 Mr. and
Mrs Aston by their proctor and advocate, appeared
before David b Ogden, Esq, the then Surrogate to
contest said probate and the validity OF said WILL and
filed set of allegations which in substance fol-
lows First that the said paper writing purporng to
is not his last will Secondly, that he not at the
time making spbscrbingor acknowledging said pa per
writing, of sound mind or memory or in any respect
capable Of making viii. Thirdly that the deceased
did not, of the time Of subscribing the end of said
alleged WILL or at the time of acknowledging to the at
testing witnesses declare the said paper writing to be
his last will and testament. Fourhy, that the wit
Noses to said alleged will did not did either of them
sign his witness. the request of the de-
ceased Fity, that the said paper writing purportng
to be such last win and testament obtained and
the execution thereof procured by fraud, circumven-
ton, and nndues.iniiuence Sixthly that said paper
writing not freely and voluntarily executed by the
deceased his last will and testame Mt aud that the
subscription thereto and publication thereof, by him,
was procured by force and coercion and Seyenthy,
they ailege that said paper writing not duly and
sufficiently proved before said James Campbell when
so'anlttei TO probate, and that the proofs taken
such ADMISSION did not show establish that The d.
ceased was Of sound mind or memory when said VIII
alleged to be made that the deceased free
from restraint at the time that said alleged viii
subscribed declared by said deceased TO be his last
will and testament, ia the manner required by the
statute
Upon motion OF contesfants' proctor and upon read
ing said allegations the surrogate granted citation to
be served on he next OF kin of the deceased. and
the 80 of April ISL they appeared before the
gate and proof OF the several matters contained IA tho
allegations hled by Mr. and Mrs Aston ,oSop,
from which IT appeared Tint Mr.. George w. Strong,
counsellor at law called upon about week before
Mr. Masons death by MIR. Isaac Jones, 81 NE exc
cutors, who stated that MIR Mason very ill,
chat he had no will and that his situation was such
that he might be carried or any moment apd request
ed him, MIR Strong, 10 give him brief form OF q will;
the latter returned TO his Office and gave Mr. Jones the
form he required. o. the evening ~ the 2jth OF Sep
TENDER, Messrs George and Isaac Jouos called on Mr.
strong again. aud stated that Mr. Mason very i'll
and not expected to live hut very short since and
questod that viii ehoud be prepared for him with all
possible despatch gave him the outlines Of it, aud ap-
pointed ii o'clock the next morning 60 hnvo the will
ready for execution. In pursuance NJ this arrange
mept, Mr.. Strong arrived at Mr. Masons house, in
Blocker street, about half past O'Clock the Goth
Of September and the VIII executed in the presence
Of the two MIR. Jones and Or. Berger the attending
physician, aud was witnessed by Mr.. Strong and Dr.
Berger Mr. Mason was ~ the time sitting up in his
bed, support ed by holsters. The following Is an ex-
tract from the evidence OF Or Bergcs:" That he knew
Mr. Mason about 20 years and the only physician
that attended him IN his last ncss that about two
weeks before his death he attacked with the Illness
OF which he died. but he had slight symptoms of II Sc
stunalgia generally called angn pectoris. From The
time he confined to his house to the day OF MS
death attended him, sometimes four or i've times a
day sometimes said an hour or two with him. AZ nus
request sat mp with him three nights; one was the
second night after his confinement. and The last was
the night previous to his death. On the day OF ms
death remained with him from 10 o'clock IN the morn
mr. until about | quarter past ], whom he died
,f.er his decrease, DR.. Dibey and examined his body
the wives Of tc pulmonary artery were ossed AZ was