The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-15

Before ". Bradford, Esq.
ooNrrsrArros or H WILL OF HENRY ruRNER,
Tbs ~ UHsrQAN.
March 10 -HeDvy turner D. mis- III. gives hs entire
estate per,onsl and real Mr. Levi j. North former
arsser OF the deceased In the ohous and thsae busi
in Obcag, HIS sister and mother contest the will
upon the sIou d scompetsncy, undue influence, 81,
Christopher Morrison, witness for the prepayment be-
ing sworn, said-I reside .. IS West Twenty sesoud
street; am nearly <s years old; knew the deceased;
saw him make his mark 10 this win here shown mo-
bscame subscribing witness 10 H. st Mr. Turner's 70
quest he declared 70 be his last will an tostam mont
ihs occurred Ut Forenoes Hotel walker street
and Broad ray, 1t The dat fine WILL November a. 1885,
NJ George snsrn an and my son John Morrison saw
10 be y, n s ssss When ss
subscribrg Wit he said he had read the will and
sntw lie contents be ..Eed .soh Of separately 70
sgn H. and sc 81 he'd In bile presence and In the pro
sepre Of each other; the deceden sxnet ON book %
% va. einins on . sofa; the Witnesses signed the
able think the tecedent as 4o years old; no
vas under NO restraint or oompulsion that / SAY;
should thuk bs mind perfectly sound; drew the
wi ., bis req under his instruotoas he direct
ed the provisions; be said be wished 70 make Z provi
zion for Mr. Narsh hs pntDer IN bu.iness "a him
COW he .oud m'he he said By will, and asked me to
draw II; told him would l. not intricate II
did mot feel tent TO do Il; he said he wished
70 give bic property to the vile and children
nshe for rcA,ivss-his brother ss,er told him
thought vss wrong not 70 resnembef them; he insist
20 90 % os he Oo rs
tent u attend TO bis husns and did not any
urther Mvtce on the sub)ect tnsn SAID would drs~
the will as be desired, but that be should reject upon
and mske brother vii thereafter II he wished; ssked
BIN Why not leave TO Levi North himself, II stead
competent to take care Of bic own family; he wered
by rep0kiDg that " Levi would not let II 60
outside Of mem" there are The words he used bad
for II; whom next saw him asked Whose MANS should
wrse for EXECUTOR he replied ''Your own" told him
receive the property, able t, take OF Is
himself, snd askt d him, "why not appoint Mr. North
executor, and let him attend TO bis own bu,inessf he
said that would be right; he assented 10 II, and
filed In The OF MIR North; he read the will mse
and to quest about the witnesses to it. he raid he
but lot confined 70 ss bed was intimately acquainted
With him for great asy years.
John Morrison . winess for the proponents Of the
will being duly orp he attended the deceased
the evening OF ,he exec ation OF tho Will that was
proved with all the necessary ormaies that the te.ts
ter did not appear be under the nue Of liquor; that
his judgmer, was souna ana his mind free from any ex
cepuonai influence.
Ing duly said that be wss one Of the propretors
4 the Florence HOTEL that he eoeased daily during
biz lness, and WIS intimately acquainted With him. He
sad the will duly executed according 20 law, and
declared that Of no time Of his acquaintance had
be observed any alteration Of mind the part Of Mr.
Turnsr but thai he had often heard him say thu, Me-
North hh iesasee bis heat dearest riend-thst
be had made oil bk money through him; he heard
Mr. Turner speak Of any Of hi. re.ii.es -
testified that the alter dsnt physicisn OF the de-
oessed nom the I'd Of August till the vme OF his death;
.eoon q he ~...' sailed . 'os.: he he Ss Docso .d
open the absoess bat the oe0ss.oa, towards begin
nirg OF November, seemed 10 be taken with
an affection Of the lungs he advised the do
cedent 10 20 South and try a Southern
climate. also to settle his bunefs; be vistei the de
ceased i've six times day during the whole or his
illness; him Ateer twenty minutes a'ter the will
executed bis mind vas sound ana vigo he cnl
Quoted him TO Chsrleston sDd vas with HIN Il his
des,h; observed indication o. 1ala aberra-
ton obstruction Of his Intellectual faclues bui 70 the
will who made up bis mind and would not DO Influenced
The case was then sdjourned Ill the 2O,h inst.
MARCH 10 In IL matter Of he Esta< Of Samuel Par
ions deceased The estator at he time of his DEATH
doniclsd In tho State Of Connecticut. Tae viii WA
proved there and subsequently, proved 10 tho State Of
New York. II alleged that there Ia this
state amounting to Slc,to0 ct the time Of his dealh
large portion Of these Assets collected here By the
executor before he took out letters tes nentay In this
jurh dcton. The eastees under the wi consulted Of
and threo daughters AZ the tine Of the dec OF
their sther they domciled In Coz nectout but sub
sequeny removed the State Of New York. they have
rsusd the TO before the Surrasata OF
New York and claim tho distribution Of the estate
tere. The executor sets up that be not
accountable here for the assets received bo-
The sus Q. letter. ss nJ.s a9,e,s ~ n, Sroos as
couTi Of Com eclicut; also, that the essts be distr
huied scroroiog 10 the Law Of the esstos douel
hat doubt having arisen TO the rae construction OF
WILL he had iDftituied tut Sonrec forne pur
Jose Of determining that oonsuctsn aud he wished the
cour here 20 suspend tho dstruoon OF the estate until
Court Of Connecticut Argument had upon these
rel points and sl,o 70 true interpretation Of the WILL
ard whether there reasonable doubt - to t0 con
,uuctou 20 as TO justify delay I'M Al decison upon
rogae will give hh d. chon upon all the points involved
In Q few days