The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-23
An Important Will Case.
KINGS COUNTY CIRCUIT COURT.
n>4.a H. I..-xt


APRIL 10 AND 20.-James Hen>y and Alicia c. Hesey u.s.
The Trustees and Associates Of the Brooklyn Benevolent So
edy-The issues in this important CASE which has been
in litigation for upwards OF ten years, brought To
trial on Monday last
The form Of action in ejectment, and the plaintiffs
seek 10 recover possession Of large property Brook
Ign, lying in what is highly improved part OF the
city between Hicks street and the East river alleging
that they are the only heirs at law entitled 10 inherit or
Cornelius Heney.
The defendants the trustees and associates Of
charitable Roman Cathoc) association and claim TO hold
the property by virtue Of the will Of Cornelius Hepey un
der which the society was founded and endowed They
also deny that the plaintiffs are the heirs at law.
The plaintiffs contend hat the testator Cornelius Heney
was, a. the time or making the alleged will, ncompe-
tent 70 do 30, and was unduy Influenced by the agents
The plaintiffs and the tesator OF Ireland,
but the old man had lived In Brooklyn for many years
the locality This the feeling Of religious aumosty
involved In The controversy (he Plaintiffs being Protestant
Epscopaans invest the case with moro than ordinary IN
terest
For this some diftcuty experienced In OBJ
tanning sjury free from bias, and nearly the whole Of the
After several objections and eIsmina,ons the following
jury was sworn Henry schoes William Ward, Petcr
Keen Denarest, Frederick thinner, Alfred 7. Baxter,
Daniel T. Schcnck Ferdinand A. Croker, Elisha Theall,
Louis struller, Thomas Conway John NJ Beding, Philip
Mclaughlin.
Testimony commenced yesterday morning. with tho
examination Of the plaintiff James, 70 the pedigree TO
show that he and his sister were ne son and daughter OF
cousin OF deceased In the course Of his evidence he
stated that be and his father and uncle Prosestants
that In 1886 he and his sister from Ireland where
he engaged In the employment Of timber merchant
they brought letter TO Cornelius, the deceased Who re-
ceved them very kindly, and wanted them stop and
send for their unco Christopher That his sister would
not stop and they returned TO Canada That they after
wards all came on II the invitation OF Cornelius Who said
his house was open 70 them That be gave witness and
ceaseds) house in Hicks street 70 The river, between
Amiy and Congress streets.
peared by that there were other sisters living In New
York. In ls42 there some litigation betwccn tho
plaintiff Witness his brother and Cornelius deceased
They sued the latter for cutting adri bark belonging
them. witness had attended 70 oppose tho will before
the Surrogate 164S with Witnesses but had
Ii. proceeding BY his lawyers sdvcs, and brought this
The Cour: pending the cross examination Of the
witness.
ApRn 2i.-This case was resumed at 10 O'Clock This
morning.
Brian hcraggart man aged 70 years, was called for
plant 10 corroborae the facts 10 the pedigree. Wit
ness had worked under Cornelius Heney, the plaintiffs
uncle at Drumsna, and remembered the whole family;
had come 70 this country about five years sgo The wit
was examined and cross examined al considerable
length AZ 70 tho details Of the relationship and answered
in very clear and intelligent Had heard OF
Cornelius and hrs family In America could not say he had
ever seen him In Ireland
1887 and brought letter Christopher from James, his
brother and from James cousin, Miss Mary Heney,
N Cornelius Cornelius said he was gaA 10 get Q letter
from bis cousin and asked the witness stay there and
she did for two weeks tho day she first there
Christopher aud his nephews and niece arrived and the
deceased received them most cordially; witness after
wards went 70 live with Christopher, and had lived
with him during his life and the plaintiff ever since
- domestic; Christopher and his nephews and
his niece used 10 visit there, and continued 10 do
about twice week I'LL about 1913.
Mrs Hester Isabella Mullen, Of Providence r. l., tcs
tned that che knew the family and lived them st
Trumsna knew the paintn when child, his father and
grandfather the grand athcr Captain James Heney had
two brothers, John and William John had two sons, Will
liam and Cornelius had heard in 1919 OF Cornelius being
In America was at old Captain James Hensys funeral IN
1917 1878 This witness sixty years OF age, and
had been In America slx or seven years.
The written testimony Of Jane q Palmer sister OF The
last witness, read. Mrs Palmer elder sister
Of the last Witness and bad been in America 1929 for
mephs and came out again In 1s&7 saw Cornelius In
1872 and brought him letter rom Christopher before
he opened tho letter he asked how bis unces wers he
asked for the plaintiffs father and she told him the plain
tins father and grandfather died Of ever when she
turned 70 New York In lS4T she called again and Cor
neue, but not permitted 10 speak 10 him. she
the person who prevented her from speaking 70 him
was priest, from his appearance and looks.
Alicia G. Heney, one Of the PLAINTIFF, vas called and
James 10 this country In 1884; then fourteen
years OF aee 70 New York three weeks Afterwards
with her brosher. This witness testimony In sub
stance repetition n that Of James, before given
John Mcsne testified that he know the parties he had
formerly lived In Brooklyn; there . strong reser.
heard Cornelius speak OF plaintiff and his brother ~ his
cousins or relatives.
Michael Nsloy, q man eighty years Of age, was called
10 the same point
The naturalization papers OF the plaintiffs were put in
evidence, and the Court adjourned.