New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-14
CIRCUIT COURT-Be Before Judge RoosrytLr.
IHF AAsnh WIZ AAsH.


Judge X gave his charge Yesterday to the
Jury Tho question Tor the jury 10 decide principally,
viii be- whether Nh Mason was OF s1u9d disposias mind
and memory the afh Sept 1852 the day on which the
will wts executed The Conf then reviewed the facts Of
the IL has been shown that the evening previous
the physician who attended Mr. Mason announced that he
dying that Mcssrs. GenTFc and isasc Jones'
law Of Nj NJ, called about O'Clock a. the evening
upon Mr. STRONG toue scl0f aLaw, who hal beHn spoken
10 BY Mr. also about week before, tut without leaving
inst uctional and MI Stong seI the iaiiOn. and
receiving written instIuCtoDs 20 The manner
Of disposius Of the estate, made dr.h oh The
night. Al Tocl0ck next morning MIR Submitted the
draft without being oDgiossed TO Mr. Jones, ste which
placed Ia the hands Of scrveneI snd airiy COPIED
Mr. Strong then went 20 the house Of Mi Mason with The
wills. nae, a x, door and Last. Ss'S nss'.,y snss
Ia bed with bost ,s behind hiu and neal hs
breast IA front 50 thai he might lean 9rwaid - pcsed
~ho says that be eSprcsed himself perfectly satisfied W "a
", and it was executed The vii Va then banded 20 MI
Geo. Jopes by MI strong Mr. Msson died Ia about 40
nnutss attc!wAfd
The Cout alluded 90 tesimsuY az 10 the state OF mind
Nj NJ wac IN az the time physician who had heen call
cd TO attend servant and went m by request 20 Nr Ma
son's HIM holstercd up w he bed sud he 'nnd
apparently dsodercd he talking about horses IN the yard
When there The Court so sllnded 20 te aet
that W lS when he was ~ tut vigot OF mud as health
one children tone Of them dyins siter"ard aud that he
sppoated his sous land not his cons law a. The viii ap
pointsl hs executors that he ien With Nce-t hncehoi
NcC ouu hut 1885 called aud csnHeed A. leaving TIE
celcd viii tn with Mr. MoC Ia the uesn tune the Lori
lnrd and janice wills had been bokcn. The Couu also a.
il,d 10 conversation between Mr sson and bis nephew
MI Jones then ashs now President othe Chemical Bank
when Mr.. said the made good enough viii for
onVTra In the presence Of Nj McCoun Gun the Il d,ys
MIR Nelson's lsa illness for him 10 express his intent ia
rtsad to sw II he bad been dsposA 20 leave any bar
ne renamed entirely silent IL slso alluded the crcam
stance OF the drain Of the w hsNnF been shown BY Mt
e,rons not 10 MI Mason with whom he had never consult
Ell but Nj Jones and that there evidence Of hs
having been consulted the sphect except hat
sAs 10 Mr. ; that te Instructions s,yeuto him NY -
IN accordance with request Of Nh Mason 70 Mrs
JOnes but the latter lady has ienhod
been offered witness % ascertain whether not she
on the par, of the ey,cusor wAss'ed BY enc OF the
rhyseishs OF M NJ that the latter old hun that forenoon
ssnL but Mr. hsi never urmsted snythius 20 Inn
resia to viii hetoge
sood faith the aRd the instructions by Mr.
GeorEs Jones 20 air Strong 60 DIVIDE The estate INTO
eight four Of them "a BE- in iccsnd the portion OF the
Other four children "a be N trust lie did not give he o~a
those instructions a. ona - ths leesfec> bni
Sorrs, decesseS we oftsoise JSaes; - tAAi rs chi
dien and not himself " Md have The b~neht o. it NJ
stIens IN harrely d.v W re val, paeed NJ George
Joross thai he wead have a. least 'nd'vdaAiS
shree quarters the share The vii also throws portn
c the surplus fund tie 81 the egac into the
hsuds Of Nesss lonss Ae the trustees lie Coar Goa
the iusructions TIC hole heing dom IN hurry afct
sss snnoGRoea Mr. NJ wss n DYING s;Atc.
Ths Court rvinSIAe 20 the JUTy thai thcy aus
olosey the facts 90 whsther nan As Of soun1 dsposg
mud o. not when val Wasc m eFtyeslts uaaa Whru
was dsly executed Aaa ,Sd s,d bsus o. he rsecr Sc
cknng VOID and ksVing te estate q b divided gsy
AtneHs Ihs heirs sgrcesely g. Tie statute.
TIE Court s,lSdsdtC the law related % wills wAicA
requires persons be ct soano lnd Na memory tie
time, ~ order T. maze them ua Males OF Is Sza
ward, ard tetnAes Of i6, and upward make VII Ia.
judge also referred 10 The prNs0cs hgparCr IeSsd
the will which admitted p-ohAs conssi 6y the
Grcmt Ccnft. bat snt hSck hy hc CQart Of AREAS 5r
the present Issue, by vote u 4 c4
Mg Mescn, the igrt sid when Ia health q
arm ard soTcas nl4ua-hs JcsS lis pOaI hoy bal
by industry and integrity srSsssd ErS~ Fortune ana
owned az TIE time OF his aeafh Of the tgs; noaol
siitrtiors N the eeUslry,
The Coat shaeA sothe fast tha; Mr. M,so. hi beu a.
kcted with spaSns tor Tvs b. y before 3rAsh
ser the gary % ssy aeteE the testimony showed hi
be posscsssa 81 lns an memory sleA ,Ae az rySEvs
To render VGh3 Ms VIII
Vsrous Spssrston, were uaas y canse su3 sxts aed
10 u. Jury hy the Court Tie jury then c6 aa2 a.ss
sbss 81 Ahcal tive hours rtufne1 IN vsilas
Qeess,oSs the tolloWiag verdict;
Oils the psPsg wriass he wah 81 John iasSa' -
No.
o Q-was John Mason Of socri and aisYosiss lad q;
the tnae ssgd paper N'ntnk was eNeeeto1 A-No.
g. d. &c, 81 making The suAcrgfsn, asC arr 70 g. -
ks lzsi wfi and tesfanenia Yea without kn9Wsiss
Q-psc al the witnesses their the eni
abe wsl 81 tie reQues, ei John kAsoni A-NeS
Q-Wss sad PAPER writing obtaued BY ts4ua L.
Ne
Qwas sad psper writing obtained By tie asdss IN
Esense u sertain PvEsousl Mo
QWssit fieely AID voluntarily reais BY he sli Jsha
M&son a. bis leS; viii and testament .iYeS witAocf
knowlesgv.
8 QWss TIE subscription to the p.pSr Whiting OSsAiae
by kree, sc. A-NO.
Counsel 0b scrd % The .vsEih answer as Inconsistent
~ta The TIT ll~as sSsss BY tas JeEy hat be sSersted