New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-12-03
La w LNIE'LLIGENCIE.
suRRoGATE's coURT.-Dec. a-Bsfore EDv. c. WEST,
surrOgafe

sURROGATE'S COURT.-Dec. 2.--BsfoTe EBv. g. Wssr,
Surrogate.
TIRE sLEU WILL CASE.
This case, which involves about $4,000 worth of
property has occupied much of the time of the Court
since last Spring. and has been given the preference
other Guinness for several weeks past SEEM now
to be- in a fair way of being terminated Judging from
the in which the Surrogate has urged it for
ward and the long sittngs he gives 10 IT, he appears
be determined to close it, If possible by the end of the
year The presents features of considerable
interest. II is claimed that Mrs. Cleu made will in
1851 in favor Of her husband, John f. Ceu. She died
IN March, 1902 leaving no ancestors descendants,
but leaving sistersone the wife Of James r. Tay-
lor and tie other the wife of John +. DeveiD, and
also a brother, Albert Day.
Mir. Cleu offered the will for probate in May last,
and these parties appeared contestants alleging that
Mrs. Cleu afterwards in December 1856, made another
will in their favor, which they bad been unable fnd
and the loes and contents Of which they sought 10
prove great number of legal points have been dis
cussed on both sides, and many witnesses have been
examined. The testimony the loss sf this will
pied several weeks, and it disclosed that Mrs. CIeu
died at the house of friend, Mrs. Dodge in Eleventh
street. aiier somewhat protracted illness that usme-
diaiey after her funeral Mr.. Cleu, who occupied
upper room In the house, called upon by these
parties, with whom il is alleged the Dodges were init
mate and all the trunks and papers of Mrs. Cleu were
taken away. Mrs. Lockwood, a daughter Of Mrs.
Dodge, claimed that Mrs. Cleu bad given her one of
the trunks and contents, which was found 70 contain,
among other things, two portraits OF hrs. Glen, many
papers, and articles of dress but articles OF
jewery; that certain carpet-bag, in which Mrs.
Cleuf important papers were supposed 20 be kept,
Yves taken by Mrs. Lockwood aud Mrs. Develn 10 the
home Of the latter in Brooklyn, and that they sorted
them and burned up all those they deemed Of no i'm
portsnee; that these trunks were afterwards taken
p0fsesson OF by the Surrogates officers, who sealed
them up, and that Mrs. Lockwood broke the seal Of
one Of them and examined the conteEts.
On the other branch OF the investigation, which re-
\ o. W II 4,
draw by David y. Hall, Dec. I6, 1856, and was
witnessed BY Mrs. Lockwood and James and Joseph
Rdgeway; that none of the witnesses except Mrs
Lockwood attempted 10 give the contentsi she at
tempted IL from recollection; that Brkett had some
general idea Of the contents but nothing definite and
that be had hunted up from the files in Mr.. Halls
Office without consulting with him, rough nlemoran-
DUN Of the will in question: and that he did this at the
request Of Taylor and Deven, who paid him for his
! trouble. The counsel for Dir. Cleu claim that they
have broken down Mr. Loekwoods and Birkett's tes>
timopy by the eross-examinafion Mr. Birket coon
after left The employment of Mrs. Hall.
The contestants proved by Mr.. Edward Witherel,
who lived at No. III Columbia street, that Ms. Cleu
came there Dec. Is 1856 and remained there till
Christmas, and that when she went away she left
Halle will in charge of his sister, Mas Wtherelr that
they put il in trunk unlockedD, which kept ia
closet oTen 70 the whole family that they went there
end read it twice and that Mr. Withercll made
written memorandum Of the contents which he pror
dueed, and be swore, IN answer 10 many questions,
that he was sure be made that memorandum,
afer Mrs. Clue left. lie also testified that he knew
TIE signature TO the Will he raw was in Mrs. Ceu's
handwriting. Two letters said 10 be in the hand
writing of Albert Jay shown 10 him, and he said
they were in her handwriting.
Yesterday the proponents examined Mr Garfield,
with view Of eonradictng the testimony He t.sti-
fed that the paper which this memorandum was
written, made at the mills Of the firm of which be
was a member; that they made any paper of
that DESCRIPTION III July ~, 1881; never sold any till
Augost 1857, and that judging from the texture aud
quality Of the paper, Il was his opinion that the paper
was lot actually made TIL the latter part Of the year
1855.
This evidence prodrced a profound sensation in
Court, The crosse examination was very close but thu
witness eoToborated biz statements BY certain mpe-
ments which lie had brought with Kim.
On be part Of the prepayment it was sought 70 be es-
,aolished that in any event the Hall will has pro-
cured to be executed BY fraud and undue influence;
that the contestants had practced upon her eredntys
and had her 10 visit spiritual mediums, who told
her that the spirit OF former departed husband CON-