New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-19
La " NI'ELLIGENCE.

TIE BCRDEiL ESlAIE-lSSUE JOlNED.
sUiROGATEs COURT-Feh ls.-Beore A. W. BRADFORD.
IL the Application for Letters Of Administration
on the Estate of Harvey Burdeil
This morning Mr. Chas. Edwards, on behalf of
Anna Margaret, Emma Louisa and Chss. E., chill
den of John Burd flied the folio wing objections to
the petition of Mrs Cunningham, which we published
tbn morning. one of which it will be perceived is that
Mrs. Cunningham has g husband living:
Flint OBJ econF For that the said applicant was not
married TO the above named Harvey Burdel now de-
ceased as is falsely alleged in the said applicstio
and therefore, she not bis vito at the time OF his
death, as is also therein falsely alleged.
Second objecton-For tina. the said applicant has
husband living
Signed by their special guardian appointed by the
Court. CHAs. EDWARDS.
Mr. Edwards filed at the same time affidavit of
neIits.
The Surrogate being engaged in the Parish VIII
Gaze, unable to give this matter hearing to-day.
II accordingly Get down for the Sd of March, al
10 \. m.
THE PARISH WILL CASE.
In tho matter the VIII of Henry Parish deceased
The Pdrish Will C1se, after postponements
from other, fairly came on this morning.
II has been too much before the public 10 need
statement of the points heretofore preeu.ed it
practicable. TIE last hearing was on Decem Der 4,
when Mr.. Parishs purse, james G. Fisher called
by Hr. Evsrts for the proponents was GA tue stand
Ills examination resumed this morning, the parties
and the usual array vi counsel being present.
Mr. Fisher testified that while living with Mr.. Parish
he often Aun Paish at the house. she reni.nei
there some DAYS; in the with Mr. Parish the
greater part OF the ooy; Mr. and Mrs. Parish eeemed
| much pleascd; have Mr. aud Ms sherman at
the house together often; think they were there ia
Augut; they were there ia September and November;
they sometimes him IN the reception room up
stsiIs and sometimes in the library beos at all Ii mes
itey held conversation with Mr.. Parish they stopped
| the day and night
on one occasion Mr.. Parish refused TO Mr.. Sher
| man. but consented TO Mr., Sherman; Mcs. Sner
| man commenced ,peabing to Mrs Parish; they men
toned Mr. Sher nsns name rs having qaareef with
D.,ish NJ parisb an a
Mrs Shermsn Mrs. 5. then told Mr.. Parish that 1t va,
| ME. PaIish's fault Mr.. Parish said NO several
times Mr. S. thtn asked Mr.. 7. if he wished her TO
| stop slklng, and he answered. "ies, yes; he be-
baved very coolly the remainder of the day; he
scarce recognized Der during the rest OF the visit
| On one occasion, when witness was IN M Psnshs
bedroom he heard loud conversation outside the door;
Mr. F. calling he went there heard angry words saw
Sherman stamp bis foot at Mrs. F.; Mrs r. then came
into the room where Mr.. p was; she asked him II he
had hesrd the difference bet her aud Judge Sher
man: he replied, Yes:' he Insisted Oh hearing the
matter.
Ore of the most important ponts 10 Mr.. Fishers tes-
tinony was bis account of the at the signing OF
| the codicil, which Is az follows:
saw Mr. Daniel Lord in the sick room OF Mr.. Par
i~h during his August illness; the precise date | do
not remember, but my impression is tina. it was in the
] latter part OF the month, and Of the afternoon MIR.
| Lord, bis son, and Mr.. Holbrook, were present. Mr..
Lord told Mr.. Parish that he had come with codicl
| 10 hs will ~ asked him if he should read il; Mr.. p.
| said "Yes~ ate, it had been read Mr.. Lord a-ked
Mr. p if it expressed his wishes; Mr.. p. said Yes
| poddirs bis head; MI L. then asked him if he woui
.sn 1t; he made motion in raising his arm; Mr.. L.
| asking if he should assist him; Mr.. P. said I" Yes
and Dr. l.. accordingly assisted him TO make his mark;
| on MIR. LIS asking if he wished the two gentlemen
| present to sign as witnesses, Mr.. 2. said Yes and
they signed then and there did M. L. himself, on
Mr.. Pa saving " Yes when sske1 ii he should do
SO; think Mr.. Lord asked Mr.. Parish if he meant
the property to go in that way, mentioning that
| in Union square and some in Wall street;
Mr.. p. nodded his head, sssented, said Yes"
some regret then expressed al seeing Mr. Parish
ILL., and al three shook hands with him and left the
| room; Mr.. PaIish So. all the while in large arm
chair, and tie paper on which be made his mark was
placed on q small quartet: table from the reception
| room, which brought in at Mr.. Parishs request
cushion was put on the table BY me, at Mr. re re.
quest but be pushed it away With his hsnd-xouIdnt
use IT, and Mr. Lord said they could &c: along better
without the cushion Mrs.. Parish in the roJn sll
the time; was !, except while going after the table;
beside those whom l have named, Mr.. On. Parish,
Or. Desfeld, and think the doctor in ATTENDANCE,
| were there.
Witpes. described other interviews of later d.e,
the last after he had LEFT Nj Parsas service; Mr.
Parish then sitting in his carriage, Ms p beng
in a conectioners store; went toward tue carriage
door, he recognized me before had lue 70 speak,
| put his hand out and shook hands wi b me; put his
| Two fingers up TO ask question; asked him if he
| wanted 10 know with whom stopping; he said
YES: told him II Mr.. Lewis PHILIPPE, Trsasutr of
| the Howard Insurance Company; l sheok hands
again bid him good bye, and vent hons have seen
bin both before and after that time. but wanted 10
avoid seeing him much as possible, as HI. m snnf
OF speaking was painful 70 me; now sSeS Always
kp.w that Mr. Parish understood me- and still think
tina, he did undeys.and me, both when ! spoke and
read TO him. always thought and still think, that his
| miaa WA sound.
| Mr. OConor then commenced the cross examination
Of M Fisher bat spent most OF the residue OF the sit
ling in a.king preliminary questions with reiersoee to
the history of the vitnee, who turned out to be iish
born.
Tomorrow, at 10 q m, the cross examination viii
| be proceeded with
| The WILL or BERNARD BOSCH.
TIE wiz Of Mr.. BERNARD Bosch, who Wa burned 70
eeah y the recent Are h Mercer stres was tiled %
| day. The bqt Of his prope4y. ssras eY5.o O, 10