The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-25
Interesting to Wiunakers.
sURx0GATx'S COUKT.

DecNton oil Inc Surrogate, A. ". Bradford.
Nov. AIN the mater Of prOuing Ae las sOsu and tssa-
4st Of Geo n 7anison deceased-Tbe testa.or, by his
w executed The 24th day Of July lsSsths day Of hs
oeath-eave 70 his wife the dwelling No l7a West
Sixteenth street, whore be resided 1t the time his ash
with the household furniture twenty lots and houses
Twenty seeord street. b,tween Seventh Eighth
pues and also the general residue Of his estate after the
following dsvises ar requests, viz -
To Mrs Eleanor Grotecloss house lot No IL Sxieen
James Hedge house and lot No. rs Sixteenth street
oroecioss, lot OF land IN Market street. Newark
John Groscloss, 10, at somervilIe New Jersey.
James Hodge easehod lots in Fourteenth street stock in
OF the Bsy Manufacturing Company stock 81 900 to John
tor George s@Sh; 81 90 to william 6roseioss 5, 900 to
George Tunison; 81 600 to Harriet Grotecoss 81 o 70
Hosss sos.~S np s 81
rs W s iisss' rIsaas
Andersss 500 Mary Watson sos = mary sSsssth eaa
ies W bishop 81 ooio james frnge and 500 o Louisa
TuriScn.
TIE first objection raised to the probate relates to the
formal execution OF the WILL which 1t Is insisted, de-
iectige Tor want OF sufficient declaration
and request TO the subscribing Witnesses to attest the
instrument Tho will dictated by the teststor and
reaa over him before execution before ali the wit
Desses TIE Rev. Mr. Clark tesdes that Mr. Edwards,
the counsel who drew the will asked the decedsnt do
you scknow Hedge this to be last will and testament
ard Sn 10 sign witnesses 7" snd that the DEC dent
responded affirmstivey. Dr. Watts, the attending ply
scsp tpsi1es the came effect think these forms
entirely su TO satisfy the acquisitions Of the sAte
the nj read sour tue presence OF all the
parties the tes,stor asked IL he declared to be his
will and wished the peraons indicated to be the sub
ecribDg win esses and he answered 'Ys; he signed
the nsiSpment Cd the margin OF every page. ann the
witnesses atteeted in his preser Nothing could
be required that anentary declaration which
he made bly by affirmative response, and ne
adopted "a me sme manner ,ns request % the ID
testator the performance OF tesamentsry ceremonies
fhouid Of himself without the aid Intervention OF
others, comply with the rtIusfons OF the statute-but
the transaction may be performed by others and sAsfac
tory reply given by him; have doubt Whatever
this point and must therefore ovcrrule the formal OBJ
iections take to the Of executing the will II Is
urged however that the instrument Is invalid, by reason
OF Influence exercised by Mrs fupiscn over her
husband the testator There is preence OF fraud
cicum yentob but merely allegation OF improper In
1uecce The existence OF an influence sufficient TO &C
conplsn slcn purpose sought 70 De es,aohshed py
Instances OF iis exercise when the deceased
was In state Of perfect health. In this respect the
effort entirely failsdthat s in showing that the tece
dent, at time suooumbed IN his usual avocaons
ordinary business affairs 70 superior mental inf aepce.
On the contrary think that the particular occasions
which have the subject OF criticism he acted
ipdependentiy ana according TO his own views THUS
for example Mrs Tunison refusal 10 eign the deed OF
the Brooklyn property was eventually relnqushed and
her opposition to the partnership her husband proposed
to form with his nephew was uuavaing to prevent its
coneun NATION. Tneee circumstances may bear the
question OF interference In mis- business sare but they
certainly DO not establish power on her part to d.
control her husbands actions. In this connec.
ton may slUde TO the wish expressed by Mr. Tunison,
the night before be died, 70 his nephew James Hodge
that he would keep by him and have Ink and ready
for will. ami ray nothing about this to any oner
from this the counsel inferred desire to keep secret
from hts wife his proposed dsposions or to escape her
pre- bu. may mat "a easily be inferred TO dsincl
patton TO alarm her AZ 70 his condition. i shows how
ever that Of bis spontaneous notion he intended TO
will. Evidence offered the trial for the
pprpose Of indicating the probability tha, the decedeni
ade the tesamentary provisions 10 the VIII ia favor OF
his vile OF bis own free and unbiased volion The
family differences, exposed with this object by means
spstaiD this position The drawing aside the veil which
the privacy Of domestic ie ind mites OF temper
household difficulties though coDdoned from time 70
time when collected together and sted out OF the expe
sggresa.e somewhat formda,e. The rough paoes
are always sslient and ooser yabe-the smooth at
tract ne enn sI ,s aa,, Se.sssa q s temper
ing ps,ses comparatively unnotccd and affection modest
~ snrpks from being demoussrstive when observed.
These rses had been arred ~. Dty years they
without children 70 inherit their property and their
peccve relations might expectations OF future Bono
ierencss has been mainly drawn from relatives the
busbsDd's side who have bceu dsepponted IN resizn g
the extent Of their expectations There Vas NO complaint
by Mr. funson on any point affecting ia the slightest do
gree ,be character Of bus wife, there proof that
the difcuites Claimed bavc existed reveal
ed beg the sphere family circle think their
never came 10 any bead And IN Wow OF the evidence
Of third parties, who testified that they ived together
bappy OF the deocdents character and disposition; his
ietters his wife hich have been produced before
me; the last tokeDs Of his afcstion for her with
i
concluoe that whatever dsagreements may have
onay been they do appear 10 have been sui
"a ently grave In moments OF csmncss aud reelection 70
have huenced permanently bis feelings, or 70 have
affected bis testsmensry intentions.
Narcus staten have been given OF his cecsrstons,
uom time 10 time in relation TO The disposition ri his pro
pe,u by will sucn declarations are usiediy re.
oeivsbie where shcrc room for doubling the strength
Of The iesa,ors capacity, ara Tor suspecung impropcs
influence brought 70 bear bis vouion bot they din
pph importance tho grade Of capacity increases
and have value whatever where the mind n sound
aud vigorous. u MOI unoo mmon Tor persons OF gene
rous o.spcs hon without children relatives
sueni to talk freely In regard " testsmentery nt.n
uols. WhhAi, fortune rapidly acqu red, tcnds. under
such circumstances, 10 promote TINS Class OF de-
clsrAions sch general ana loose s,aix ments, low.
sincerely made a the time. sho~ no settled
scpsne or psn, ard cArnot impeech . viii oele
BRAID with the requisite legal ,oiemnires, BY .
iessior OF rndoubied capacity. In all the evidence
given on MS point, u docs not APPEAR thai the do
ceceni NJ any umo proposed 10 on his wiIc
M rely with her right OF dover IN biz estate While on
one be 20 bavs contemplated giving her
gc 5tca not far from the value OF the devise wheo
copiaiped IN The WILL amer dedrcsDg the besyy iBcam-
orsnces upon The property. But sull, 10 any event.
wbssvef may have been bis previous design ana plans
ard bad tbtse been clear and specific esdence Of
n;soio1s regard 10 be vic lar una vorsblo than
have been given evidencs-or, 10 put the case stn
stronger. had tnesc declarations oeea Incorporated Ia
wevlous will uuly executed such state Of fscts would
not have weighed against the validity Of che last will ua
less there Was scme otsor and independent ground for
aching instrument the case then. h narrowed
down consideration Of the events connected with
Jaa Of the viii and the stste Of tho cstsfors mind
~ "
quests contained In the viii exceed somewhst the
amount OF toe dscedenis personal estate, Alter the
ray ment Of his debr 1his often happens and
though such q TACT might be sdminicular proof to
help IN deter min. nrg Of doubtful cspachy yet,
stanoing alone by iiseif, " not ssff,i to m.
pesch the sourdnsss pf the mind memory. Toe dc.
{. dent eogAged IN active businesss does APP
tesr the tine Of debating the will he summed up
either bis deeds The lcracies the amount OF n per-
sona property In the abecnce 81 such . parauve
statement, the mistake, Hh be one, might readily nave
occurred without isnilns his capacity But le us see
What po&nve Indications there we're q an Irrational ~
weakened mind. Nov, II 10 especially obseryahies that
the q which the deccdcn. then lay IA was not Of
such 10 Affect the functions q the brain.
Ihee ssn Of cerebral or mena disturbance. HIS
mind xss clear intelligent the Of hs malsdy
VS. sudden and quick and HE strength Of body wac
great, even shortly before death. There can be no
doubts these pobs Three professional gentlemen Of
hsh intel genco and responsibility, we're present at the
srsscnoD--a clergymsD-s poy scian-and la-ycr.
Numerous persons around the decreased before and
after the large circle Of iriends cob
es ted hts dyng bed Sos single person however,
!, 10 be ouna 10 ~n1per doubt 10 bis competency 70
the He dictates The several provisions the will,
makes numerous be qpeats among BIS vtes Relations and
his own and II not orgeu OF DEPENDENTS OF friends
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