The New York herald., 1850-05-15
wAsHrSorou, d. g., May L., 1860.


An interesting concerning the validity of pro-
bates OF several wills OF General Thaddeus Koscusks,
occupied our Circuit Court during the last two Sstur
days. 1t came up upon an appeal Of Kosciusko Arm
strong Of New York. from the decree of the Orphsns
Court tor this District revokng the probatcs OF two
Wills upon the proceedings which instituted In
that court by the next Of kin Of General Koscusko
The case was opened for Armstrong by Mr. Richard 8
Coke, member of the Washington bar For the heirs
Of Ko+ciusko, it was opened by Major q. Toahman.
m, mber Of the New York bar. The Hon. Revrrdy
johnson. Attorney General cissed the Argument for
town. closed ii for Armstrong
wills by the first two-of which executed in
this country in l79s and the other in France (Paris
in ls05he disposed of the whole OF his personal pro-
perty being in this country which ace muiated to
the sum of more than 100000, for charitable pur-
poses and TO Mr. Armstrong These two wills Of
l79s and 1906, werepropounded for probate and re-
corded in tue orphans Court mere as and Tor,
| the last Wills of General Kosciusko The heirs
contended for some twenty five years against the
dity of those two Wills, but without success In
ls45, Major c. Tocbman retained by them attor
ney, and he brought TO light two other wills made by
Kosciusko of which the existence unknown to
the heirs. The first of these wills, which kosciusko
executed at Soleure in Switzerland in 1916 proved
md lodged for safe Keeping in proper tribunal in
France where kosciusko's domicle By this will,
kosciusko disposed Of to sundry persons in Europe
sum of 100000 francs IA little more than S2o0oO)
ordered it to be paid out of the most unincum-
bered real and personal property belonging to him at
his particularly and by preference, out of the
money funds Wtlsn ne tll IN France IN the OF
Mr.. Hottingcr, a banker in Paris. He then declared
this will TO be his last will, and revok all the wills
end codicils which he made previously The second
will, found out by Major T., executed by koscus
ko, in lS7 also q. Soleure, in Switzerland aud it was
proved and lodged for safe keeping in proper tribunal
in that country 1t disposing Of property specified
therein amounting to another OF 100 900 francs,
being al.og in Switzerland shortly the
cuton of this last mentioned WILL Kosciusko departed
his life leaving unchanged the revocation clause in
the will OF 1916 OF course he died ntetato To the
residue of his property being in this country and else
where, which he did not dispose of by the wills of 1916
and 1871 Upon this ground the actual counsel Of the
hors-the Hon, Reverdy johnson and Major q. Toch-
changed the proceedings Of their predecessors
the late hossrs Swan Sampson and claimed the cs-
tate for their clients, under the statute of distribution
The suit for the recovery of the estate Is pending
bill filed in chancery side of the Circuit Court
here against the holders of the funds and against
liable for the wastes committed by Colonel Bum
ford The deceased administrator of the estate And,
indt of that suit application ide to the
Orphans Court here for the revocation of probatcs Of
the wills Of 19s and 1sC6 upon the ground that they
were frauducntly and mprovdently admitted to pro-
bate and for the last wills of kosciusko he having
revoked them both by the will of 1915 The Orphans
Court in March 1Sig decided in favor OF the heirs Of
KosciGsko From that decision, Armstrong, who
claims legacy under the will of 1906, appealed. The
arguments Of all the counsel engaged in this
throughout, interesting and instructive The court
has now the whole under advisement. II the de-
Of the court below be sustained, there will be
prospect of speedy Termination Of this long aud pro-
tacted litigation which for the last few years the
subject of comm. nts of and thr foreign
A