The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-12
Supreme COurt--Clrcult.
Before Hon. Judge Clerke.
THE WILL OF HENRIETTA HICKS


present trial before jury Is to inquire whether
certain instrument was truly and legally executed
BY Miss Hicks as will. The testatrix died in No
sember, 1916, leaving her property to her maiden
sister Catherine, during her life time If she remain
ed single; if she married, half was to go to her
sister Mrs Terry, and at their death il to so to
their children. Robert 7. Hicks, the brother of de-
ceased, contests the validity Of the will, ON the
grounds that the witnesses to the will not ask
ed by Miss Hicks to sign it, and that she did not de
clare il 20 be her will. Her estate is worth about
: $4,000, which, by bearing compound interest,
woa,6 aow amount to $4,000. 1t appears that on
the s.h or December following her decease, Samuel
Willis presented his petition TO the then Surrogate,
(Er McVaue,) for letters tesamentary. who there
upoa issued citations TO the heirs and next Of kin of
the deceased retuFnabie December g. at which time
Robert T. Hicks the reator in this case brother Of
Mis- Hicks, appeared and opposed the proof of the
alleged viii. Testimony was taken on the 9Th Janu-
airy l647 and the whole matter finally submitted for
decisloa 70 the Surrogate, on I'D January, who on
the 10th OF that Month. rendered his decision re-
jecting the will ana acjugdrd it to be null and void,
for the reason that the testatrix did not de-
clare the same to the witnesses to be her
last VII and test ament, publish it as
sucG i the time Of the execution thereof and did
not request the witnesses to subscribe the same.
Catherine Hicks. one OF the legatees named in the
win appealed from the decision Of the Surrogate to
the Circuit Judge, who, the Sd of July, 1s47
mace lis decision reversing the decree OF the urro-
gate: and directing feigned issue The order OF
the .aea Circuit Judge (Edmonds) is complained of
as unauthorized.
Mr.. Ripley Clerk in the Surrogates Office. pro.
duces the record and d. poses that il Is In his baud
writing he saw the original will this produced IL
ceIrecI CODY; last saw the will in the Surfogates
ONCE four or six years age; no one had charge OF it.
Mr., ". c. Wetmore also deposed to the existence
and The loss Of the will
81. Nathaniel N. Terry, examined by Mr.. Conor.
d, posed that he resides at LA Henry street; Miss
Hicks JED Nov, lS46; at her request went to her
residence, in Monroe saeet on June ~, ls45 at IL
A. NJ she was ia the back parlor; Mrs. Terry, Ca
thalins Hicks Mrs Willets, wife OF Samuel Willets,
named NJ executor were there; there was docu-
meat there which she declared to De her will, and
asked Mrs. Wiliess to sign it; she then asked me to
sign e both sEnedi in her presence; she then asked
Mr. Raod to sign it, ana he did, then left the house;
folded the will and took 1t in nv possession; the
signatures had Teen put to the viii; she asked each
witness 20 sign IL; | knew for what purpose
was going 70 her house. Mr.. Rudd also knew. She
said to ere, Nethaniei, will thee sign -Frederck,
vii thee sign asked her. lis this your signature
and your Will she said yes took the will With
going and returning; l was there about twenty
minutes.
Counsel moved to strike out the ans yer. Over.
ruled ard exception taken.
Cross examined l eannot repeat word for word
what siid at that time: don't remember that az
the soEmer iial said thai did not recollect Miss
Hicks requesting the witnesses to sign the will;
a supposItion the earlier testimony would be more
connect; do distinctly recollect the request by Miss
Hicks. Mr.. Rudd did not appear to hear her; he
stood arout fifteen feet from her: supposed from
his manner ne did not hear her; he is slightly deaf
simply said, Frederick and he stepped forward;
he knew what lie went for and he signed, Mr.. Rlif
Wa N the corner ard Miss Hicks stood at the end
Of the piano Nh, Rucd and eft the house together;
Miss Hicks not an invalid: she was delicate.
Reexamiued-She was OF full age; she was under
restraint; she appeared 10 be of sound mind; she
looked Toe paper; she dQ not read Il then; il had
beea sent % her before | think said to Mr.. add,
Frederick, sign it, and be came forward he
passed ne ana signed IL; he was about foot from
her. she was looking on.
Frederick Rudd was examined some years ag)
before the Surrogaie:-At Nr. Terry's request,
went 70 Miss Hicks; saw Ia her room Mr.. Terry,
Mrs. Wilets; do not remember all; think bo.h
Miss Hicks we're there; she made sircquost for me
70 ergo a pspes, which she said was her will;
sieneo il IN her presence; think | was twelve Or
fouitccr feet OF: she stood by me aud was looking
when | signed it; she said Il was her will; saw
her ioko ~ pen end sign IL; saw Mr.. Terry and
Mrs VII - sign ".
The witness vas crcss-examned with . view to
prove sbas lie said at the examination before the
Surrogate, IN ls47 that Miss Hicks al rot ask him
~ sign the will: that sire said nothing about IT, but
t5at fredk. Terry asked him; he nov BAYS that be
now fecoue~s hcr asking him; my recolle stiou was
better tnen tnan now; II was then, when before the
Surrogate, only year and a half after signed the
will then TESTIFIED hat she did not speak to me;
/ wa . little coufounded; did say that Terry
asked me 10 sian II; my hearing Is not bad; my tes
timony was rot then correct. Q. Do YOU recollect
what word she usedt A. do; she called me by
nam an 0sNed ne to sign the will; heard her
make the request the other persons; she asked
me alter they tigRsd; the will WAS read by Mr..
Terry: he ash cd her II that was her viii; I do not
recoliect that was asked at the former trial that
said she was not asked whether i vas he will; she
said zee 70 Mr.. Terry; l do not recoect that
Charles Terry asked me 10 come uD and sign the
viii; ! was in the employ OF Terry, and am so ever
since toe fust trial; do not remember that l was
spoken % about this viii; never was told that the
case was Lost In consequence of my former testimo
ny; cannot say who In particular brought 10 10 my
mind ord not tell the lawyer that made mis-.
take 6rst knew il was intake In few minutes
after left the court; did not tell anybody about
Il; some time afterwards was asked about the will,
and said had made mistake; recolect all Mis-
Hicks said; DO not know why did not rc,ollect
4 before; did not expect anything In the wills this
is toe second or third time have been examined rs
a witness.
Reenmned. The examination before the sur.
rognte WA very rapid.
NIs. wfress, a member of the Society Of Friends.
Ind wife u samuel willcts, examined under
he protest % counsel for Mr.. Hicks, the opponent
Of tie wili-deposed that abe knew the decedent,
Catherine Hicks. was present and signed her will
az D witness: was Afterwards examined as q wit
Dess before the Surrogate the will was signed In
Monroe street, In the house Of her brotherin-aw,
Charles N. Terry; Catherine Hicks, Nathaniel NJ.
Terry sud Mr. Rudd were present; do not know
who wrote the viii. q. How did you come to sign
the win A. Ny husband asked me TO 60 there and
sign It az witness; when went there Henrietta
asked ne TO sign her viii. and did 50; Nathaniel
NJ Terry AVID Frederick Rudd also signed II as wit
ne~es: Henrietta asked them to sign il; they both
sisasa Il Ia her presence; she said 1t her will
Inc was twenty-five years OF age: she was OF per
fectly n ind mind: shc under no restraint what
ever.
Cros. examined--It was not before those parties
came there that she said it was her will; she asked
them separately 70 sign the paper as her win.
MI Darlington. counsel for the opponent OF the
will aeked for leave 10 withdraw juror, the pay
ment OF costs the ground Of surprise AZ the tes-
tmony OF the witness R1dd, which was contrary 70
hat given By him on q former examination.
The Court refused, and the jury found for the
plaintiF on the issue OF fact, establishing the va
iditv Of toe vii.
GENERAL TERN.
nov. l0-Juage Peabody, appointed by The 90
vernon 10 Gil the vacancy created by the resignation
q Judge Whiting, took his seat this morning on the
herch With Judges Roosevelt and Davies. The sui
Zoe chs onr term Of the DISPUTED JudReship, ~ still