New-York daily tribune., 1858-11-27

-, 9TH Mr.. Wm. Kelly Of RhiDebeck, n. Y, and
~, John C. uewstt Of the city, executors. The other
,rov,s;cps Of the will are Of pabhc interest ~ tns'
r,,s,. only TO the family Of deceased The viii VIZ
,...ed by Mr.. Henry b. Cowles of Yonsem' M n
w. Caudw,p and Mr.. Oliver Cromwell OF '"1 ~ |
-. survo~a,e issued ci alton retuipsoie U" '"'
sf December pext. n
IuE WILL OF HEsKY ?. LkesAD: ,h. fi.v
rhs deoessed was practcSe phy-'ean ons,s ~ ss o5
Il New-York. His viii was ohe n,s,,n ;.s,ed Inv the
tae soth Say iss on the i6,h day Of Sept. fol-
Iovips on which day the parties oS , .;II ~
and some Of them opposed vae pho, chie0y ON the
sAs r,nnnd of undue influence, ou' cn~ny on '"'
sDe g,ouTu .,.r.sI ). iocspscity 70 make will
9punno oi ..nrv n in the case closed few days
ns The case submitted 10 the Surrogate for dec-
s;cs. ,n.suo. .r. ,,o tho Al ,sssed
- ,tt,,,utng " kill some musketoes upon the W All OF
lis fice sustained very serious booiy injury. ne
pac~d one foot in a chair and the other uoon oioe
= order ~ reach the musketoes, but tue cnAr and
tabe bctn clipped from under bim ard not beiog sbis
70 regain his footing, he fell witb great iofce snd V
kpcs against the folding doo's hitting the pacx oi ns
head. He was a large, heavy mon, ana tne injury
vaf great that he remained iosensios uotu e,cai
tveatineLt was resOrted to; partial p'Iby"s
.a,ued and he remained weak and low ior about hve
month";, his mind often ~anderins, although his con-
sciousness returned, and his me"ta facn'es were ap
n.y.,tv r..rso after about hve days from the acci.
4 nj Al the end Of five months, lie slowly re Iaioed
= Good degree Of health and strength. He resamed
The practice Of biz profession which be followed u
tbe dsy Of bis death, aDd appeared to attend " ms
duties as integenty and skiully as De-
lore the accident, although the paralysis and the Ell
fects of the accident never entirely sft hi ioete
vas some hesitation in bis speech, and he ah dlincuy
IN recalling names and dates. IL was SHOWN on .he
psy, OF the executor that the entire viii was written
by the deceased and il the will its.h, showing an az
fectobate remembrance Of bis oil and trei ff,ends'
be calls IT his oographic c,u II was made and exc.
cuted about fifteen or twenty oays aei tue b., -"
WHEN he himself did not expect to recover ana he so
stntes in the will On these ia its, the Will was sab
nitied 70 the Surrogate, who decided TO admit IL 70
probate holding that the testator WAS competent 10
make and execute bis WILL j. A. Page ior e1cc"tor
and gatee; A. Is. rappeD for contestants.
THE WILL or LUcRETIA VAN PELT.
The tts,atrx, after making several beqne.ts, gave
tbe rect and residue Of her estte u the wesleyan
Urivertity aid the New York AnD aal Conference.
The legacy in dispute is ~ the Troy Conference
Academy" located at West Poultpey, Vermont and
is payment is opposed by the resdnary legatess
above-6smed on the grouDd that the Academy had
surrendered its charter by executing leas. To pr
yste Individual for nine huodred and ninety nine years
~ nominal rent, it being fully provided that during
tbe tsid term the said Individual should carry Oh the
scbool coptem plated by the said charter. The lease
appears TO have been drawn with great care, prJvd
ing that in the essee shall oi to perform aoy OF
the covenants therein con a med the Academy shall
Renter further that the e shall not be valid until
sarctoped and approved by the Troy Conference OF
the Methodist Episcopal Church, which approval it
aves not appear has been obtained Tue charter
was granted by the Legislature Of Vermont, Oct. IS
1884 The testatrix died Feb. 6, 1856, and letters
testameutary were issued CD the 9TH Of April, 1856,
TIE lease is dated Jan. IL, 1857. These dates show
that the legacy became vested in the Academy nine
months before the alleged snrreoder Of It's charter.
The Surrogate decioed that the executor should pay
the legs cy to the Troy Conference Academy holding
that had not surrendered its charter by non User,
ard that De st should be allowed from the 9th day of
February, 1857