New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-04

WILL OF THE LATE JOHN MASON.
Feigned issue to Try the following questions:
ls Whether the paper in the pleafings purporins to
be the will of John Mason. was his last will and tesla
ment -
ID If So was he of sound mind and memory, and in
all respects capable of making viii
3D. bid he NJ the time of subscribing the viii, declare
II 10 be his last will and testament
9TH Did the attesting wtnesses sign 1t az hs request
5th Was il obtained by fraud and undue influence.
by force coercion on the part OF defendants, or
either of themi
Mr. Mason. il will be recollected. died in 1899, pos
sessed of very large state short time previous 70
bis death he executed Will devsing to some OF his
Children neeghth EACH in fec, of his estate-the re-
mainder be placed in to be paid annually 10 his
daughter, Mrs Aston for life, with remainder to her
Children and annuity 10 her husband, If he survived
also similar bequesta 10 his son James and provision
for his son John Mason, who was not OF sound mind
Mrs Aston contested the probate of the WILL but the
thenSurrogate admitted it to probate it was then sp
peaed to the Circuit Judge Kent then presiding who
affirmed the decision Of the Surrogate and the case was
further carried appeal, 10 the Supreme Court which
reveTsedthe decision OF the Surrogate ana oruerei the
present eigned issue Tie case IL ON.
cOIIRT OF GENERAL SESSIONS, January 3-Before
Judge BEBEE and Aid. FRANCIS and BsIsLEY.
The January term Of this Court commenced this
morning with the following calendar OF cases for DIS
posal; viz Manslaughter, Attempt to kill }; Rob
berry in lst degree, Rape, Assauk with sung shot
FOrseI oo Burglary p o GFsaS larceny Tol,
Previously indicted 90. Grand total 40.
The Grand Jury was not formed, in consequence OF
the non attendance of sufficient number Of persons
who had been summoned to make quorum.
Robert Burns indctedfor assault and battery upon
the person Of Owen Lee policeman Of the sixth Ward
while in the discharge Of his duty. the 18th OF Sep
tember last wns placed trial. The evidence showed
that the accused Knocked the officer down. kicked him
and starnped upon his person, producing compound
fracture which has confined him to the New-fork Hos
pita up 10 the present time He found guilty, and
remandei to await sentence. -
John 3 Austin. Thomas Wallace, stephen Wilson,
Jsesc Austin and George Schermerhorn, indicted for
rot az Tamuany Hail. and Wilson for an sault with
intent to kill Mr. Augustus Schel, appeared in Court,
ccoupanied by their Counsel, Mr.. John Cochran lac
trial Of the cause was downto commence on Monday
next IL,
Jacob F. Huttenlocker indicted for burglary, third
degree In having on the night OF the Let OF Dec broken
into the store Of Harmsn Minkn, No. 100 Broome.st
and stolen thercfrom coin, was tried, convicted,
and sentenced 10 the Stnte Prison for two years.
John Kelly Indicted for burglary In breaking into the
dweIlipgh, of Moses b. Taylor, Esq, No 20 Elm;
~ on th ~. of the 18th ult was tried and convicted
Of an al inpt TO commit grand larceny only. The
Court sentenced him the State Prison TOR two years
and six months. NJ, .
John Burns living at No. &c East Eleventh-st, was
placed ON trial charged with having in October iast AZ
tempted TO poison bis wife Mary Ann 10 years oil age
by inducing her partake Of loaf OF bread strongly
mpreannted with arsenic Some testimony was tax y
but the case was not concluded, when the Court at
Curned for the day.