The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-30
TIE PARIsH WILL CASE.
SurrOgate's Court.
PROBATE OF HENRY PARIsH'S WILL.
Rafora A w Rradford

Before A. W. Bradford
SKFT 24-Ths Parish will case was resumed before
the Surrogate, at Tx NJ 1t will be remembered the
will was admitted probate the als Of March, 1856,
and the testimony regard TO it continued till the 2sh
Of June last forming when printed, large octave vo
iume of 77s pages.
Mr.. Parish died on the I'd OF March, 1855, leaving
property Of at least two million dollars Codicls made
after his viii and during the time Of his illness gave to
Mrs Parish greater amount Of property than that spe
cited in the will The chief question at issue Is whether
Mr.. Parish competent and able while psrayzed, to
understand and mare these codicis II they were legally
done, &c.
Leroy NJ Wiley witness for the prepayment, being duly
sworn, testihed:-I reside in Alsbama; SIN planter
my age is S. have been merchant in the city Of New
York and at the Southat the South from 1916 70
lS5s-in New York from 1881 to 1854; connected
also Parish Co. in the city Of New York and with the
firms ut the South since 1881. and with Norris
stoddard Co, from 1884 to 1888; my present connec
tons at the South with Thomas W. Baxter the first
concern interested in, In Charleston, was the same
was interested in at New York: was known by the
Years ur der that name and afterwards styled L. NJ
Wiley, Parish CO.. Henry Parish was interested as
partner In all these firms; Daniel Parish was IN
interested in Parish, Marshall Co, and in the
firm Of Parish, Wiley Co., at Charleston;
became acquainted with Mr. Parish in 1916, In New
York we both engaged in merchandising was in
the habit OF purchasing goods at his store two or three
times year for ten or twelve years from lsSl 70 iSS
especially during the summer mouths, saw Mr.. Parish
frequently from four to nve times day from 1888 to
1892 was still more frequently IN his company; Mr.
Parshs place of business during the latter period
in Water street. q Immediately in the rear Of No
1872 Pearl street. doing business there were
through small ard Mr. Parish was in the habit OF
coming into my store frequently three or four times
day went to his except on business perhaps once
or twice week. after 1898 the liquidation OF the concerns
or accounts OF Parish Marshall Co. and L. N. Wiley Co..
in Charleston under my charge the concerns OF all
@ p.I1b un 70 s time Of bis attack was very e
quent on these interviews there was any money col
lected would pay him bis proportion OF IT the outstand
ing interest OF several firms during the time OF the
liquidation millions; frequently had occasions
of conferences consultations with Mr. Parish IN the
winding up of the :erns consulted Henry Parish
for ne was always on hand consulted Mr.. MARSHALL
when he present. ald Dir. Daniel Parish so nemes
but not often for he was not much present at the place Of
business whether he out o. town or not do not
know visited Mr.. II. Parish occasionally, previous to
his attack his residence 10 Barclay street. and also at
Union square; was acquainted with Mrs. Parish per.
hars sx or eight years before his attack; since nrs
knew Mr.. Parish have never been at housekeeping In
this city or had q family OF my own; resided at the
Aston House, am unmarried man; at the time OF Mr.
Parish attack. there considerable affairs Of the
firms in which we were both engaged, outstanding l
was Havana at the time OF his attack, and was in
for med OF it by letter from my house here in New
York; in this city about the first of August Of
the same year say Mr. Parish ID aooa, lou, or nve
Mr. Kerncchan, in which asked him II Mr. Parish was
willing TO his old friends and acquantances Mr. Ker
nochan replied that he thought Mr. Parish would be very
glad TO see
Mr. OConor objected to the evidence OF Mr. Kernochans
statement.
Witness contnued-I went to Me- Parshs house in
Union square the following Sunday rung the bell. the
door opened By OF the servants, and walked
In enteret the library first spoke TO Mrs. Parish then
advanced and spoke to Mr.. Parish; shook hands with
him; he appeared to know very WELL and was much
affected, commenced crying, and continued for some
minutes; Mr. Kernochan after into the room,
and the conversation carried on principally by him.
afer staying there about fifteen or twenty nutes We
left the house together; had not Gent any word
tce OF my intended Wait: Tor tie next three years
visited Mr. Parish occasionally perhaps once 10 every
al these visits, and il was in the library;
the end OF these three years 10 his death visited
him more frequently than before perhaps one month
The st year Of his life; when he Was in the city Wis ted
HIM al his place 10 Union square; during the summer
store or 1ace OF business was at le2 Broadway after
wards bought lsl Broadway 4 has been there ever
carriage after his attack do not know how often per-
haps three times q month; Mr.. and Mrs. Parish
Would drive up 10 their carriage and $40 ppng beio,e my
would always 60 out 70 the carriage and take seat be
SIDE Mr. Parish, and communicate with him on whatever
re ght be interested In after getting through with that
would give him the OF the day perhaps the price
Of socks and what money worth almost always that
alter which would leave Of him in the usual way
by SHAKING hands ana they would drive on dnei with
Mr. Parish frequent after the three first years OF the
attack both at Union square and at Hegate after my
rst visit Mr. Parish frequently Affected 10 tears he
continued 10 be for tnree years then there not the
emotion, began TO oil, occasionally after Mr.
AttaCs WHO the III regard
the liquidation that was IN my hands mot frequently
with Mr. Marshall; with Mr. Daniel Parish when
ever he was present, and with Mr.. henry Parish
ia the outstanding debts Of Parish n Co. there
large Of lands Ia Texas also lands In louisiana
Mississippi and Arkansas that DESTROYS OF getting
settled up and proposed 70 buy out the TEXAS lands my
ee Mr. Marshall would buy the assets In the other three
states II became matter Of negotiation between US add
offered SIS oo0 for the TEXAS lands there was long
perotiation about H. 10 Mr.. PArshs house and
urged the settlement Of that claim, and offered him
ss coo for IT. he shook hts head, but made sound in
connection with that recolect told him had been
versaron with Mr.. Daniel far!sh, Mr. Vanarstale
aud Mr. John r. Marshall OIL Of whom had consented 10
nccep, my offer he then nodded his head up and down
three four timcs, which took "a an affirmative
@. After this interview what was done about the
Texas land ard did you pgan Mr.. Psrst the sub
iecy A. wrote 10 Mr.. Marshall IN whose the land
stood make deed OF ~ he did In the Of
three months paid the parties here the money;
bm nn " check o n, amount, and told A1 him
wha was for be received tho check and handed IL TO
rs Parish noddlng bis head as he did 50 two or three
Zines no and down I told him Mr. Marshall will
iug 10 buy ont our interests in the other Southern
stAtcs, and what he was willing 10 give for them,
told him Mr. Daniel Parish had accepted the osier
Rad ard Mr. vsnarsdale. think only bad one Incr
yew with Mr. Marshall this subject. . Was the sale
Mr. OConor, as Leading The court overruled the cues
ton except as 10 facts known exclusive o. written in
sae to Mr Marshall, other than tie parties re eivet
the money. do bot know exactly the amount Of the
money: l think IL was ABOUT e5,OO0 piece 10
each partner. All the money into my
Lands / kept my share, and paid each
ono concerned the interest Of bis ! kept the
BOOKS and accounts Of Parish & Co.. and gave Henry
Parish check Cor his share OF the money; saw him
personally when paid him; always did such &C.
csons; ! gave him the check, telling him II was his
from the sale made 10 Mr. Marshall he looked at
a. bowed his head, and hsnded over 10 Mrs. Parish;
bad transactions with Mr. Parish after his attack 10 the
OF money the FIRST Of May, 1854, I Dor.
rowcd $4,000 q him; the Cd OF Mar | Dor.
rowed s5. COO went 10 Mr. Parish and talked TO him
would 10 sny ether person; told him wanted 70 Dor
ear, GOO we'll he lent 10 me, snd Mrs Parish signed
the cheb and gave my note. q When you told him you
ted to borrow s25 OC0 did he make aay movement
aud IL 90. what A. He signined bis assent by noddng
his head when applied for II. q How and where was
The check given 10 youf A. Mr.. and Mrs Parish came
10 the store Mrs Parish had drawn check for $4,000
received 10 the store aud told her was good deal
er amount than Iwanted; sho SAID "uever mind,
will leave you the balance In q day OF two" on the
third day OF the she and gave check Of
SIS 600 Mr.. Parish not nrosent when either Of the
checks were given. be with Mrs. Parish
On both occasions IN the carriage 10 front OF
the store: she handed mo the checks on the nrst
floor Of the store: ! then gave my note FOR
he amount dated twelve months from the time paid