New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-08-11


Doctor to send for SIR. e.Epsoa to maze ais VII.
S:rtsop, on te;rz Informed q Tie, suggested u"
,ro,ber utdiosl man shOu,d be sen. for, aaa Df.
Rowey usn,;oned Or. Evan, Of Birmingham,
winnie vas Accustomed 70 Ca. IN s. consulting
rhys;cisn Dr. Essrs was accordingly cent Tor, AID
stw lie cd uaa On two different cccas.ons ior
few minutes. There IVES . very decided corill't oil
TESTIMONY BETWEEN Dr.. Eyacs on tts ore hand
s1a Dr.. Rovlsy AID Mr.. Sinpaon on tie other,
a, TO tie particular purpose fer which he
wa called il, All Of what passed SetSten thtm,
,toush Il seems certain th.s DR. Evas, who wa
TIE w;teu principally relied on By the defendant
gave lie opilicn tbat The cid man was rot tasn IN
f, STATE &c make vii. The defendant a.'o re-
Led greatly upon two notes written b. two differ
ent females fr;erd. Of TIE pl,s.;f, notifying the
dsy Of her husband. funeral, ore addreaed to tie
rCtter the otter 70 az ,un! Of the defendant, one
Of zhich spoke Of lie testater a. unable
"to con pIetsnd tho extent of his gros: LOIS,
and tie other as berg, through great less OF
"rt nory, cot equal 10 dwell msny moments on
"s1y subject" II Hastestihe1, howeTer, by Charles
ewn.en, Dr. Rogley, bis ru.se, in fact 81 who saw
him, that &c did sesm TO feel tie h.s Of his son
acptsly arj that OIL first seeing ti. laughter in law
after tat event, he ey,nced much emotion, ard
prom sed to provide for Ter. Mr. Ssmpson, on De-
rg sg,n .eut for, PR ceeded on the 9TH Of July to
receive fom TIE old nan instructions for BIS Will.
He wert again The next day. and being satisfied
fon these interviews of tho competency OF the 'es
tstor, proceeded 10 draft the WILL which the 'estatof
duIy executed on the 7th. II was yery short, en-
brscirg only two points, an annuity Of G2O to his
pure aid the estate Of SwiIfen with the furniture
AID moysbles to bis daus hter-1-law, and appoint
;rg her executrx. Mr. Simpson Inquired OF
him Is TO BIZ personal property, telling him that,
net dispo,ed Of in tie will, i. world go to the next
Ct khan arrangement with which ne expressed
himself sa.iifed. Mr.. Simpson, whose good iAth
N the matter was not called in question, was per-
ftcny col fident Of the testator's competency
It wa. urged on behalf Of the viii that if it had beou
got UP for the old mar, the personal property also
would have been given to the daughter in-law. On
Il . ott er hand, the conduct Of Charles Swirfsn,
who was said to DO on bad terms with the defend
.nts family, in relation TO this personal property
vss much urged to chow that undue liberties had
been taken With the testa.or. On the 18th OF July
Charles Swilfep, who did not know the contents OF
the viii, though be bad witr essed it. and who pIooa-
bly, suppo sed that it gave everything to the pa'ntl
procured from tie old man an order On his bankers
70 lyeet his baarce in their hands 10 tie three per
cent &C nsols in the plaintiff name, whchnvestment,
by the sale Of some railway stoeks, the certificates
Of which he cent up - be sold for that purpose,
amounted to nesg &c 800. Thi, stock. however,
the pls LtG had subsequently gwen up to the next
Of kin, or tie suggestion Of Mr.. Charles sSinfen,
that te rhsps the old man did not nterd to eve it
10 her.
When TIE will Was executed, the testator was as
We q, he had been for como months presioue; but
having taken cold, he died Of bronchitis nineteen
dsys sfterws.d The IDIOT brother John died few
months afterwaId ard The Captain of Dragons, who
had rot ,een his uncle for many years then set up
his claim az ker-atlsH.
TIE trial, after being vigorously contested, re-
suited in verdict in favor Of the will, which was
re ceived with shouts of spI lsuse.