The New York herald., 1862-03-16
THE HOPPER WILL CASE.


pIoyed-Interesting Testimony OF the
Witnesses, Sc.
An interesting will case, IN which estate valued at
enc hundred thousand dollars is involved is at present
being tried the Surrogate's Court. Mr. Charles Hop
per- OF this city, who died in the fall of last year let
will. bsqusathng the bulk OF his properly to the
ladies' Union Aid Society and the American
Seamen's Friend Society, TO the exclusion OF his
widow and all his relatives. When the will was offered
for probate by Chauncey shaer of the executors
the relatives through their COUNSEL gave notice that n
would be contested tho ground that the tesator was
Of unsound mind and Incompetent to execute such an
Instrument. The first called up in the month
of December OF last year. when the following gentlemen
Of tho legal profession appeared represent the nte
rests of their different clients,-
James T. Brady and B. Galbraith for the widow and
all the next Of kin; Benjamin J. Blankman for the OK
ecutors Chester and Ksnnedy for the Seamsns Friend
Society c. r. Dissoway for the Ladies' Union AID So
cety. and A. W. Bradford for the American Seamen's
Friend Society and the ladies' Union Aid Society.
From the large mass Of evidence which has already
been taken we have compiled the following brief sum
mary which embraces the principal points Of this extra
Chauncey shafer, Of the executors and who also
drew the WILL called the stand By the proponsnt
testified in substance as follows:-i ana Counselor
Aaw, fortythree years OF age, and reside II East
Twelfth street knew the deceased Charles Hopper BY
sight some three or four years. and became his counsel
In March. 1850 the draft OF the will was made at the
request OF Mr.. Hopper on the 2sth Of October 1861
Cross examined-Had transacted any business with
or for Charles Hopper before Of 1850 ex
cept trying suit against him in the Common Pleas
Charles Hopper previous to his dsc.ase except such as
arose out OF the relation of counsel and client his
ly executed and for which he paid the SO OOO
the satisfaction Of that mortgage my counses fse
ne also furnished money to our drm on occasion
mounted to about $40, but less than $500; be-
% that in connection with my partner, have still
calm against the estate Of the late Charles Hopper
professional services rendered his house or the
first time in September, 1861 his household appeared TO
consist OF Mary Russell, also coorei girl, and old
who was employed as a nurse or attendant on
Charles Hopper tho draft Of the will made in
formation derived exclusively from Charles Hopper for
period Of more thln one year prior to his death had
long conversation with him the 18th October 1861
In reference to his will, Mr.. A. NJ. Tanning and Mary
Russell being the told him that tho.ght 5000
or $3.50 wear would be sufficient for the education OF
Charles Wiley, Of fJanesve, Wis.,. also that whatever
will he should make his relatives would break
it, Mr. Tanning participated in the conversation and
said something about $500 being fair amount TO leave
Mary RUSSELL he also stated that the house in Tenth
conveyed to John Hopper and his wife joint
Iy. one would be check upon the other; remember
telling Mr. Tanning that our being executors OF the will
would be GOOD thing far Is he concerned, but
did say that could each make s. 600 cut of it;
cold Mr. Fanninx that it was business his Line, it
would benefit him 81 0O0 aud might S. 900; when Mr.
Hopper frs introduced in March, 1860 he was
very much excited; whie conversng the subject Of
his domestic dicultiss he exhibited The excitement Of
Of strong temper suffering under state Of
feeling beyond that never discovered in him anything
indicating unbalanced impaired mind; in q convers
saton with Mr. Tanning on the details Of tho will,
Mr. Hopper had lsit Mr. Wiley $40 OOO as he would be
the only to stir difficulty about H. stated to
Mr. Hopper that had been advised 70 get The most skill
ful physician knew OF to become witness his will
along with Or. Downs BY his directions messenger
sent for Dr. Downs, and went for Dr. yandsrpoe whom
the deceased signing the will Dr. Downs
eteadying his hand; after which tho will signed by
Drs. Downs and vanderpoel Witnesses time il
also arranged that Dr. vanderpoe should visit him
again; this approved Of by Downs; only
missed seeing Mr.. Hopper two days between the
zion of the will and his decease.
Mr. shaffer then examined at some length, his
answers all going show that the deceased had enter
tives and had held several conversations with the wife
OF the witness TO the best societies to leave his money
Edward vanderpoel was thsn called to the stand, and
being testified folows-I born the 18th
IN The city, New snc. Ss
1888. when graduated; attended Mr. Charles Hopper
ns hs hast s 81 sna wa. ss ars' % S.sd IN on me
Shafer and Mr. Tanning were In the room at the tne
became subscribing witness to the will OF Mr. Hopper,
at the request OF Mr. Shasr and also Mr.. Hoppsrs at
the suggestion Of Nr. Shancr (Ths witness here de-
scribsd the signing OF the will as testified by Mr.
shaier visited Mr. Hopper every day after that time
until the last cay previous to his deceass visited
him three times; he at that time suffering from
wounds caused by burn On his ribs and left arm Mr.
Hopper generally spoke harshy and . strong voice;
judged him to be irritable, and he very frequently
at the doctor anybody elso; heard any
thing mako think he otherwise than sane aud
% Intelligent as any man would show himself under such
oss-examined-when first visited Mr. Hopper had
no doubt but that hs compssnt in all respects to
oss Cod NAN sxsr and Soa.I ha s
and therefore kept quiet Mary Russell in the
room the rst evenings do NOS believe she sober at
that time any other occasion when her there
whom directed to arrange his linon his person she
would fondle him and call him "Poor puss," ''Poor
thing he attempted to push her away and said sGet
out you damned fool with your Irish barney" (lhe
witness believed this to be strong proof that Mr. Hopper
Chauncey Shaner recalled and examined but no
new facts Of importance were elected.
Henry g. Downs bong called and sworn testified as fol-
lowsI physician, forty years OF age and
aide At No 121 Beecksr street. witness identified his
signature attached 10 the Willy signed the will at the
request Mr. Snasr the presence Of Dr. Wander
poel Mr. Shafer, Mr. flaming and the deceased Charles
Hopper had boon the deceaseds physician about twelve
months; visited him about eighty times before he fell
on the stove and was burned when signed the will
believed thai Charles Hopper was incompetent to trans
and Mr.. Faunng, "What is tho OF Mr Hoppers
ing awil ~ always had the opinion that Mr. Hopper
partially deranged insane at times; at tho time
when he subscribed the viii thought lie in that
state that IL he were requested to make will twice
him, he would have done on day the will
signed said privately to Mr. Tanning, what is the
use Of Mr.. Hopper maSinga wilsv Mr.. Tanning gave
to understand that tho viii might could be broken
az the friends felt 50 disposed.
Cross examincd-ft in September, ISGO first
thought Mr.. Charles Hoppor's mind unsound
he seemed to DO noncmaniac on the sub
had diseased him through going with other men and
that the members OF his family wanted to ciariform
(mcaning choroformJ and rob him or else poison him
Br Shaer had said ho afraid the friends would try
20 get up another wii which their object staying
around the house at the time hosgned the will had my
doubts in regard 20 his being INTEL gently competent 10
dispose OF $780, before going in to witness the will had
said Dr. vanderpoel that could be broken on the
ground Of insanity Mr. Hopper would very pTofane
language when speaking OF charitable and benevolent in
stitutions, calling them damned humbugs
Charles Grome called by tho contestants, and
hoing sworn testified foows-T a aborer, sixty
years Of age and reside Mt No 20 Rvingon street.
sent by Mr.. flaming TO take charge or Mr. Hopper
while Mary Russell was prison lived with him when
he was burnod Strong efforts were made 10 confuse this
witness but be stood the test OF long examna
ton tho only facts elected were that the deceased
fell over tho and accidentally burned while
attempting TO rssch bottle with liquor In IL tho
OF which be accustomed.
Abram NJ Fanuing, being called 10 the stand and
sworn, testified follows IL real agent, and
reside No 337 West Twenty second street became
quanted with Charles Hopper In june 1s60 transacted
business for him IN the capacity OF agent from that time
until his decease: was also acquainted with Mrs Hop
nar. Nile OF The deceased. MIs M,ax Mr. Vim L Miex