The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-29
THE MASON WILL CASE.
Supre me Court General Term.
Decis ion of Ind o ROoaavalt

been pending more than thirteen years The will which
Is the and subject Of it, WAS though not without
hesitation his opinion shows finally admitted probate
by ths late Surrogate in $780, dson ak years after
wards declared to be erroneous and by the gu
prsus Court The reversal being founded question Of
fast TRIAL by jury became necessary and was ordered
' ILL., moti0n Is now made for trial. 1t is made
the pst q the ksGsrs Jones and others claiming
der the instrument and aes ing it to be the will Of John
MAon The jury under the charge OF the Judge, upon
the evidence gave their verdict against the instrument
ing In substar CO that 1t executed wthout
knowledge" and was not the will Of the alleged
testator And the question now s could theyor could
any other twelve impartial meuon the presented,
or on any Gaze likely to be presented have arrsd b.
likely to arrive at different favorable uln
II not, trial would not only be idle but consi
daDg the long litigation already encountered upjusti
fable vexatious and expensve ceremony. One general
term Of the Supreme Court have seen has already
decided and the decision has been neither reversed nor
appealed FROM that upon the evidence presented before
the Surrogate and returned 10 the Judges at that term
the instrument in their opinion was not suni ,snuy
proved to be The will Of John Mason. On the jury trial
which followed nearly all the matters prey usly proved
certainly all the matters OF any ortauce were sgah
1ivn in svcerce. Upon them and the nd TO- al proofs
which are not pretene ed to have siren gtheued the
OF the WILL the jury found not ony negatively that the
Instrument in question not sufficiently proved but
a nativey that was not the viii Of John Mason WHAT
ground is there then according t, the usual prac
tce ef tie Court there be- for what granted must
virtually be third rather fourth trial Of the same
sue The counsel Tor the supporters Of thu alleged win rests
his motion mainly the assumption which he has en-.
TO maintain BY argument that the charge the
the evidence On reading the instrument III question: 1t
will be seen that the parties chiefly interested to uphold
its validity bore no relationship BY blood to Mr. Mason
Mr.. Masop, was no longer living; they also admit
read the evidence, that Mr. Mason spoke TO them
tursd to speak Mr. Maso. on that subject They ne
verthelss procured will to be drawn and drawn not
BY his butiby tnsr lawyer fol dying man. who shor
before had himself expressed belief that he should not
(as he Gid noD survive the following day. Aud the
is In thus interfering the prssdce Of other
sons and daughter, md the children q deceased
laughter did they act under given by the
Of the evideaoe on This pont-f such diluted bssrsay
can be called evdenceis. that Mr. Strong, the awysr
and George Jones told him that Mrs. RsSsocs jones'
| told them that Mr. Mason told her that he wished
:. will drar1 With all possible despatch (Foli,s
o. l09 1l0) Mr.. Strong, when asked. "Did they
say whether Mr. Mason had himself personally
directed them, either Of Them to get will drawn for
stood decidedly the contrary" He even goes further
and adds proper for me to explain that usder
that tn. Hss:Is Jones had looking r in
liens from them, and had not found me- thy told ms
that after looking for and not finding they had
turned again to see no Mr. Asson DO 1t observed but)
Mrs Jones' and to hear from her the Instructions 90 that
they might not be mh taken In the and had again got
the instructions from her. before they me In the
evening" The NJ Jones referred to- he says he under
stood afterwards Mrs. Rebecca JONES' the widow OF
the late Isaac Jones' and OF the daughters Of Mr.
Mason These Instructions II given, 1t is admitted
not written by the teatator they dictated by
him and taken down and read to him 1t the time or
Mr. Strong from the lips of the hessrs Jones' and draft
will in great haste, az Mr. Strong rays had been pre-
pared from them (o 1o4 either They the draft
submitted to. or by, NJ Mason. The draft wa.
made at the instance Of the Messrs JONES' In haste tho
evening which the Instructions given 'and
them" No alteration made in that draft-none re-
collected BY the witness. The will produced engrossed
from it. The result then is that the Mesrs Jones
conveyed The instructions and Ne sro7 he testes
stock dewn the nf ruotiors they delivered him.
faithfully and city, end drafted the will accordsgly
Ia IN fhuf 70
ability, regarding the great haste in which WAS requr
cd 10 be done"-the result say, is that the Msfsrs
y such instrument that which is up the
last win and testament Of John Mason What, then as
thus ascertained by the sIgrossed instrument ITSELF faith
fully and correctly drawn according to the Instructions
what say did the Mssss JONES' among other things,
direct Mr. Strong their lawyer, to dor They instructed
Mr.. Strong In craving the WILL to insert provision Civ
Dg-fcr, although expressed with some oircumlocu-
ton, that its admitted purpose and legal eec-to Mr.
George Jones' the husband Of deceased daughter one
full share Of Mr. Mxsons real estate for He one full
share of his persoi estats forever be taken more
from the testators blood to whom otherwise 1t
viii to be transferred to who without It, by the law
Of the land wM entitled to recsve and would have
Of Or In
or at any time, oated to Mrs. RsSeeo. Jo as
or to anybody else Instructions comprehendng among
other things such disposition of his eatate2 Did Mr..
George Jones himself Al ough about his bedside and al!
up %
ture TO inquire Of this of srund mind and memory
and good understa ldirg(see Dr. Berger's testimony
fos To- ~ 3D. )-whethsr such disposition unususl
AID seemingly, at least unnatural suggested by
him in accordance with his wishesP He does not
he opened bis lips to Mr. Mason on the subject
Was 1t because Mr.. Mason not communicative? DE-
Berger swears that she talked good deal" Was 1. be-
cause the disease affected the PATIENTS brane Dr. Berger
swears that he never showed sny Indications Of
rary or other absrrstion of mnd-nevsr that he the
doctor) could perceive" Was it because Of physical
a here was nt
ary apparent dimnutior Of his strength during his con-
hnement" or mot much that he could psrcsive;' and
no material alteration Ia his coun enance down tho
time of his death Was it because Mr.. George Jones
had opportunity of introducing the subject making
sat up With his patient tho Last night of his life, and
"was present In the room when he died" Here, then
was son n.law (the husband Of deceased daughter
returning, at or O'Clock Wednesday evening" from
the office OF his lawyer, where he had engaged we
presums for seme considerable Time In giving In.
strctons for and discussing and virtually diatng the
lat will ard testament Of John Mason: and among its
prov ions, dsposng in favor of Mr. George Jones
Individually between one and two hundred tho .sani
about John Mason's affairs to the bedside OF
that same John Mason he at the time, s tended in
the full possession OF oil his faculties bodily aud mental
and, II Dr. Bergers belle" sto Re relied on capsbls
even Of understanding "perfectly"a long complex In
Of counsel to the contrary hard to be
stood and yet during the whole night with every scty
to this "slati1e' old gentleman shout ,as imporsant
consultation, profsssoly his behalf in which four
per& ms bmssf OF tbs number had just been engaged.
He asked TO QUESTIONS aud nsds commansau5ns
He 'supprssedp the rhols transaction-sta tims too
When had II been communicated Ne Mason uld have
.une eIstood II perfectly" waited, It would seem,
in absolute silence from about osoca Wednesday
aipg till arly noon the next day when the engrr %
at length wa nshe, And then Of 'e .. T an
the uia truly expressed IT. au s y.
esan NJ sroog the lawyer 10 had never before seen
Mason on tne subject arri.d up with the important
TS unaen' - &c between II aud IL O'Clock on
.ns not 10 submit 1t to, but to have it ex
InonE! sutoma,on t. stator-auton atom say, for
asuVw able to understand the In rument psrfectly'
o treated automa,on by all ths actors in the
scene. On entering the house. such he of
gency with which the Meisrs Jones had impressed him.
Mr. strong, accompanied by one Of them actually
up stairs tc the scA mans room, and commenced the
reading without moments delay. Ard although Dr.
Berger who pre- emit, did not as he says pAy much
attention AID had "forgottcn whe her (dr Strongly
nsde pauses in reading 1t not yet Mr. Strong hi nse
whose memory is batter positively, read the will
tn ough without pausns ~ endesvocd TO- and bslisvs
did read the VIII audioly, correctly and distinctly but
at the tame time having noticed that Mr.. Mason ap-
pesred to labor very much In breathing and understand
inn AZ ha al IL .-fxn