The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-04
The Mason VIII Case.
SUPREME COUIr CIRCUIT.
Bafora Hon Judrc Roosevelt

JAN. 3-kr the Matter Of the Probate Of the WM Of john
Msson This great which has bsen In litigation
for thirteen yeNs, and which involves amount II
money, This Ucrnins opened before Jury tcr final
determination OF NE question Of fact whether Mr. john
Msscn made the WHY in question, whether it Is
alleged made for MIN BY his sons in,iaw and bus
closed in tn. evidence which will be openea rasdsy
morning EmineDt Vsoi are engaged on both sides
ne'trs. :, Cutting D. Losd "a ana LII nda asI sppea1
Charles OConor Hoffman ~ X. Ring and Robertson, in
opposition its validity. tter argument the corft de-.
cioed that the counsel appe Ning in support OF tie wsu
had the affirmative and ther fore the rgo TO the open
rs and closing of lie case. .vr Cutting then opss.a
the matter which ws presume viii be desided in
es days Joha Mason of the city of New York departed
youkly, rs IL alleged Insde and uea nj las Ni eai
testament In which lie devised and equsataed both real
pointed Isaac Jones Of the utors thereof De-
G5"sea eft him suryivng-Mary Jon ", Rebscca jones'
adults George A. Jones Arthur NJ Jon Serena Jones,
Frircs Jones Rebecca NJ Jones' and v,garet Jones' OF
Bay an alt, Henry Mason q Albany 'nor and Helen
Aslon of Ceoreetown South Carolina vduit his only
next 81 KIN and hsi:s At law Deceased VA pSe,Cus to
IT appears that allegations, IN writing asasA the
idity Of the viii fled by Jc.eph Aston A Helen,
ms wife the 10th October 1910 in the otc& Of the
Surrogate Of New York and such proceedings there
upon had that after wards the 2th day ofJyn 1872
the Surrogate by his order, confirmed the prooe and
Joseph Al-on ana his wife the 231 day OF Jue f42
appealed from the order of the Sur,ossts to the rcut
ucge the first circuit who on the sd day
OF November 1874 by his decision ened ths or aer of
the Surrogate and directed Joseph ASTON aud his wife
decision the cu .S judge was ceasd to the
Sur.opate, and entered in his cice, the S&th
DAY Of january 1886 Joseph Aston snd his wife have
appealed from the whole OF the deciion OF the Circuit
image The following Is copy Of the will Of John
New York gentleman being Of soup6 0sposng min RnS
memory and understanding do in and by thes pressn
follows that IS to cay,
TirsI and direct all my just dsbts funeral ex-
penses aud tstameutary charges TO be paid after
my deccase a Iaay be conveniently doae.
secobd--l give devise ana bequesth unto my bsloysA
daughter Mary Jones the wife Of ssec Jones aud to he
heirs executors duintater and assigns forever the
equal undivided eighth part OF all property aad
estate, both real and personal, whatsoever.
Third give dev,se, and beqaoath unto nv beloved
daughter kebsccs Jones the widow Of Isaac c. JONES,
dcessed and her heirs administrators and
asgps ferever other equal undivided eighth part Il
all my property and estate both real and PERSONA what
Fourth-I do give devise ana bequeath unto George
Jones the husband OF deceased beloved daughter 6e
ana 70 her Children by him thsir respective
heirs executors Administrations and assigns forever ons
other equal undivided eighth part OF ali proparty AM
estate both resi- and personal whatsocver the share
and interest Of the said George Jones' In the sl
last mentioned eighth part to be the in right Of hs
said decsaeed wife II che now living and should
survive to tho end that he may pref udioed hy
dea h before toaching her share and portion IN
eitste and property either real persona tho ea
Children taking under this my will their respective ahsrs
estes and interests in the real estate Of the said last
eighth part only after the death OF the ea
father. equally, share and share alike.
Fifth give, devise and beqneath unto my beaoved
daughter Sarah Jones Bammsrsley, the wife OF Andrsv
Gordon anmersley and to her heirs executors admin
isstore and assigns forever other equal undvided
eighth part OF all my property aud estate both real aAA
psrfonal, Whatsoever.
all my property estate both real and personal wha
give, devise and bequsatn unto the said Isaae
and the survivors and survivor Of them their his
heirs, executors administrators and assisus foraVer, -
TO rent invest and improve the same at their ana s
best discretion and 70 collect and receive tho nt sse
b out OF such iDoems ach thereof raay be
necessary for that purpose to pay the
wife OF Joseph Alston OF South Csrona for her swn
separate and benefit and into her own hsLds and
upon her own receipt or 20 her own written order TO 3
gwen by her from time TO time sush payments shoo
DC made and not by way OF anticipation clear annual
ruy Of three Thousand dollars year. also to be-
loved son John Mascn Jr clsar annual anauity q
two thousand eolsrs year and also my beloved son
James Macon clear annual ensuity Of Two thoasauA
Eve hundred dollars year; and also my beloved soH
Henry 81 ason q clear spuual annuity Of two thousand
hve HUNDRED dollars year Each of tue said four anns
ties to bs paid In equal insalments year end
every calendar the from and after deoeas
and 10 be continued during the respective life times q
tn before rs.d four annuitsnts WITH the exception
TIE said Helen Aston ~hoss annuity shall when and
II she survive her sad husband and she shall thereup
become entitled and hereby in that event give dsvisS
AID bcqueath 70 her and to her hrs sdniMf
rators and assigns forever, the equRl undivided
ioui th ray OF the sad halt part Of my properly and
survive her hen from and sfter her dscease, hereby
oIi and direct the said annuity of three thousand dol
for and during tho residue of his nture Life AuA
the decease OF the said Helen Aston should aha
die m the life time Of ner eaid husband hereby give,
ioVisc and bsqueGth the said last mentioned equal
undivided fourth part OF the sad half part ot my proper
ty ana estate both real and pe-sonal snse 70 the said
annuy TO her surviving husband her child, child
other issue and bis her their respective heirs
executors administrator and sna forever share and
share alike such other issue tpkag ty Representation
sud not And with regard TO uy sso two sons
james Mason and henry Mason should they eitasr q
til NJ dis leaving widow surviving them or him su:h
aud bequeah 70 her or then respectively the
nu''y OF two thou and five hundred dollars year bs
psd to hsr or them respectively in like sem annrs in
stanents during The residue OF her their seyersi
turai life or lives And do hereby give 20 toe before
nsmed trustees and the survivors aud tLryy3r Of then
ui otetionsry power to ncresse the said snnuisieo
respectively during the life times Of ad daughter
Helen Aton and my raid three John Msson, Junice
James Mason and Henry Mason bu no. after their
c.ye deaths Ard sh sud the clear net income OF the
raid trust fund exceed the sad znuuies the urpus in
regard to the three equal fourth psrta thereof accru'aR
after north from my death Is accumulate equsy
r tue lenent OF tbe cbaren or othsr issue OF tae ,sd
H,ien Aston and James Mason aud Henry Mason, re-
p'ctiyely curing ihr respective mnoitie and 30 be
pna 20 them respectively as tney shall sevfay attain
e age OF twenty one years tuoh chndran or other issue
srg their respective hares thereof by represe ctstion
and bot cartia And With regard 70 the said trust
shares Of the raid Helen Aston Jaue- Masca doay
hsop, go tDg t6ey may seyeraly % without issos
living be spIplns 5f the said income thseoi 3,ung
ao irt m one month after nv sth after salts wing
tbs so anprites to them 10 the surviving husband of
the aid hvsn Astcn and the surviving widows Of the
ssid jones Mason and Henry Mason shall ns paid from
tlue TO tite 70 the said Mary Jones, Rebccca Jones'
George Jones he be living to his chit iren by my
Ssi3 uecssrsS daughter IL he be dead the said Sarah
Jopes Itnmersley and the said Helen Aston should her
so hubaLd be thr decreased and ehe survive him to
her itue she and her eed husband be both living and
he have aue living and 20 the scue OF either OF nay
safe JHmes Mason and Henry Mason, who may
have issue equally share and haSe sk. such issue In
each instance taking by representation and not oapa.
And upon the dscese Ct said John sson junior,
who il unmarried and from his bodily and mental In
drntics IN all human probability viii bs married
give devise and beaueaih the equal fourth part OF tbs
nj ha of
real personal together IN the time that s to
ray during his life time, with the surplus Of income
thereof after satisfy the sad annuity TO him To the
persons ana fer the several estates ana upon the
oontir gencies herein astly above specified And
uIon the deaths OF the said James Mason aad Hepry
Ma respectively give device and bequeath tho tvo
equal fourth part, OF the said remaining bait part OF my
property and estate both real and personal 10 their re-
spectvs ssuesuch issue taking share and share auke "