The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-05

Before Edward C. Wesl, Surrogate.
wa Of David hicltoils, Dccessed-Th BE-
fore the Surrogate the final settlement Of the
accounts appears that the estate amounts TO about
$4,000 at least The accounts presenter and
allowed, and entered finally setting the whole
esate except in the OF questions which
regarding it, and which reserved for further direc
ton by the Surrogate. The first question is-Shall the
Of the testator be allowed interest after the expra
uon OF one yea from her husbands death? Tbs ques
ton after having been argued At great length by counsel
submitted to the Surrogate for decisou The other
question arises upon the rcsduary clause OF the will by
which the tstator devises bequeaths tho residue Of
his estate 10 five persons, who shall be and Nd.
pointed as trustees by tho Supreme Court the State OF
Vermont, to found and establish nh institution for ei
cation OF females, 10 be located at Mddebury Vermont
This clause contested the ground that inculcaled
with the Revised Statutes relation 10 trustees and sus
pension OF the ownership and personal and has
attained to perpetniy The points involved in this case
have been frequently discussed OF courts The
arpuMep, on this second question adjourned until the
18th inst
WILL OF ELIZABETH cLEU.
This will, which involves about $25O,0o0, has &C
cupied much OF the Courts time since spring. Il
now seems in fair way Of being terminated before
the end OF the present year. This presents
mantle interest in many Of its phases Mrs Glen made
will in 1851 in favor Of her husband John F. Ceu She
died in March, 1852 leaving neither ancestors de
scenaants but leaving two ssersone the wife OF James
leaving brother, Albert Day Mr.. Glen offered will
for probate in May last and the relatives Of the
already mentioned appeared contestants alleging that
Mrs. Cleu in December, 1885, another will in their
favor, which they had been unable TO find and the
contents Of which they have undertaken to prove.
occupied several weeks the noticeable facts beng
that Mrs Ceu died at the house of friend Mrs Dodge)
in Eleventh street. after protracted illness; that me.
diate after her funeral, Mr. cleu, who occupied an up.
per room in the house, beset by those parties with
whom the Dodees were In sympathy and all the trunks
md Are
wood daughter Of Mrs Dodge claiming that Mrs Glen
had given her of the trunks and contents which trunk
turned out to contain among other things portraits
OF Mr. Glen and several papers, that certain carpet bag,
in which Mrs Ceus important papers thought be
copied, taken by Mrs lockwood aud Mrs Devln 70
the house OF the latter 10 Brooklyn and that there they
sorted them, burning those they deemed of moor
nce that these trunks afterwards taken possession
Of by the Surrogates officers sealed them up and
that Mrs. Lockwood examined the contents of one ON the
other branch Of the investigation which related the
tents Of this WILL it appeared that II drawn up by
David r Hall Esq, December 10, 1855, and witness
ed by Ars Lock wood James and Joseph s. Rdgway,
legal gentlemen occupying the same office; by Henry
brke,, VINO was M. HARE clerk, ana by Mr. Hall him
self that none of those witnesses, except Mr. lockwood
undertook TO give the and she attempted proye
it from her recollection, after having heard read once
in December 1856, when II WAS exocuted-she being
else in her direct exampaon but having failed to give
with accuracy the Contents Of short will read TO her by
the Surrogate while she the stand. The contestant
undertook TO prove by Mr.. Edward Wetherel about
his sister, who lived at No 10 Columbia street, New York.
that Mrs. Ceu came there December 16, 1856, and
NAMED till Christmas, and that when she left she gave
them charge Of the Hall wi that they put it in trunk
unlocked VIII oh kent in closet open the whole IA
mily that they read once twice. and that Mr. Wehere
heard the written memorandum Of the contents which
he Produced and sworc in answer TO many questions he
was sure he made that memorandum in December, 1856
The counsel for the prepayment engaged in con-
radicting him on this point They had Mr. Ganfeld
of Massachusetts, ON the stand, who testified that
the paper on whi;h the memorandum made was
manufactured at his mills, and that paper of its descrp
ton was not made in his mills before July 20, 1857 and
that Judging from the texture and quality Of the paper he
thought 1t was not made until December 1853. II is
sought to be established by the prepayment that the Hall
will was executed by fraud and undue influence. A
commission has been issued TO New Orleans, to which
is annexed several letters Of Mrs. Ceus friends there
In which she describes the manner in which she was
seduced into the belief spirituaism which induced her
to execute several papers, which she had afterwards
no remembrance. If this branch OF the gone into
1t is yet likely to be prolonged considerable time