New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-09-21


til Probate Court in Fast Cambridge, Naszachn-
-ett--inierc.ting not only for the magnitude OF
the amount Of money involved. snd the peculiar
character Of the beques's. but principally because
il will lead g. sn explicit decision by the Supreme
Court Of the State Of the question whether an ex-
ecutor either for himself or hi relatives can draw
valid vii in hi. or their favor. such wills have
been .et aside in England and in this State. but
the question seems 10 be- still an open one IA Ma-ss-
chusetts A bret statement Of the facts vii ena-
be our professional readers 10 form an opinion.
and viii not be without interest 70 the general pub
lie. and especially 10 that part Of II which has
money 10 devise. II appears that about the 23th
Of MAY last. Col Wade, wealthy citizen Of Mid
dlese1 County. sen; for Mr.. J. p. Converse, so
liciior. 10 consult with ham about the draft Of
VIII Between Col. Wade and Mr.. Converse there
had been previously some bushes. relations, 80
tina, the summons perfectly natural one.
TIE Instructions which b. received were 10 draf,
will giving resi- property in Boston, The annual rent
Of which was about - 100 To- the Female Medical
College lie also directed th.t certain moneys
should be vested until they should amount TO
go, CtO when thi. sum should he paid over to the
Tufts College for the purpose Of endowinG Pro-
fessorship. The deyises 70 the legal heirs were
small. Having no direct heirs, Col. Wade gave
small amount. 20 some Of hi- relatives. varying il
amount from -, 0t1 To $4,000. He also spoke of
mortgage held by him Of $1,000. which he ex-
pressed a desire 20 devise TO Mr.. Converse and hi.
brother. Mr.. 7. l.. Converse. who with Mr.. J. p.
Converse. was 70 be appointed co-trustee under
the Will 4 pencil draft in accordance with these
instructions. Wa made and handed to Col. Wade
for examination, on TUESDAY. On Friday. the
tc.tator called upon Mr.. Converse. but was not
read, to execute the vii. soon after he gave
fresh instructions 70 NJ. Converse. H. added
deyises of l0O0 10 The children Of his brother.
with two deyises of 81 600 each 70 relatives. and
one of $500 also 10 4 relative. He then expressed
to Mr.. Converse bis wish to make him his sole
re-iduar, legatre. He also offered Mr. {. Il pew
in the Unitarian Church. which thst gentleman
declined. when he devised the pew 10 female rel
atve. lie then raised his be1ue-t 10 Tufts Col
cge 10 $50 GOO of which $4,000 should 60 70
found Profes.orship in the Female Medical Col
leee H provided also for Bernard, his body
servant At a subsequent time he remarked that
he had bought Iot in MI Auburn, aud wished
50 600 TO be- expended in the erection of monu-
ment. AT still third conversation he stated that
he wished TO secure Mr.. Converse $4,000. StiIl
later he made some alteration in the deyises TO
relatives. Before the execution. the viii was
Deliberately read 10 him, and il was then executed
according 10 law, the testator giving direction for
It's deposit in the vault of Il bank. codicil was,
after the death If the teststor discovered aud by
the executor. Mr. Converse. tackled to the viii.
Nr. Converse testified that he had known the
testaor intimately, but had never before c0nyersed
with him about a will. or about being legatee Of
the deceased; and he was somewhat surprised 70
find himself made executor and trustee. The
testutor expressly stated to him that he did not
wish to give his money TO his relatives. The whole
amount OF property which h. with his brother
would take under the viii would be about
=. LOCO. with possible residue Of about $4,000.
Col. Wade died on the 9TH Of July following the
execution The Court ordered the admission of
the viii 10 probate, whereupon counsel for Mr..
ConyerSe asked for special administrator and
Mr.. Converse was himself appointed. and, By
AGREEMENT ~ parties, hHrlLrI SrLIrmdn Hts
named rs his associate. The whole case now goes
up 10 the Supreme Court. which i also the SUI
preme Court Of Probate. upon the aw, although il
is possible that il may be- sent down to Nisi Prius
for trial Of fact. before jury. The question of
the sanity of the tes,stor has thus far been only
indirectly raised, the case going of upon the sim
pie law question above indicated. which l. indeed
the only point of general interest TO the profession
and the public.
A, a general rule the law Courts will every
where regard with suspicion testament, in which
party taking under them has been employed
legal adviser, and il constituted by them al execu-
tor and trustee. Ii must be- admitted that such
combination Of relations 70 the testator affords
fair pre- sumption of fraud or of undue influence:
hut beriainl, this Is not necessarily conclusive and
il is one which in many eases Ma, be amply CON
,rclled by testimony. Men always make their wills
rs much 80 possible in Garner. The act il one of
extreme dsiescy. and the premature publication Of
u .estaiors disposition of has estate ina! seriously
affect the peace and comfort Of hi. last years. lie
ha. certainly righ 10 tahe into his confidence the
f.west number ri persons possible. Nor should
!; be regarded as remarkable that those who are
thus trustee, should be- found benefited by the tes-
tstor. Il. it is ro; probable that upon al occasion
50 solemn. he would summon 10 his assistance
entire strangers unconnectcd with him either
BIS the IL. of consanguinity or friendship.
Nothing could be more natural than that he
should take into biz confidence those who, even If
they were not summoned would receive tokens Of
hi. Affection. Ii certainly seems To be pretty hard
rule r. compel man either To forego the advice
Iarn h, hos al