The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-06-04

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Rsasrkshls Ueanles - Tsooasnouy-Rs-
.aanes ana Rssaaty-Ths sts~y OF . Tin
Beg-Twe wills s~coessively Admitted
20 Probsts-The First Fiaally Decided
Geauino.
Before tho Hos Gidsss ,. Tucker, suroE.ss
Tho extraordinary litigation or rather series OF ntlga
tioas, concerning the estate OF the late Wm. h. Nor
chant hes reached another important stage. though
perhaps not the anai Il may be remembered that
this gentleman, q wealthy bachelor and . well known
rssldent or this oity dcd suddenly a. Brooklyn poaioe
station whittier no had been taken upon beng ssixed
with IN apopecto As city railroad CAIN tho spring
Of 1881 will was found and brought before the Sur
roga,s OF this city leaving eli his property, valued q
some $500 TO two young ladies' 70 one OF whom the
WIN declared that no under contract Of marriage
sarosase admitted i 70 probate, and the Supreme
Court sustained tho Surrogate The sisters appealed 70
the Court Of Appeals and the appeal has never yee been
worry day before the death Of Mr. Merchant was brought
before the Surrogate ~ newly dsoovered and ~ thus
ss n Wa Claimed 70 have been found n tin box
left by Merchant the hands Of lawyer named Daniel
crs RI S win e:
gate that Merchant duly executed Il II their presence
Lovsoys Hotel THO Two ladies' wno were ~ possssso1
one ON allegations that twas afstysy bot ths sano
gate admitted Il 70 probate On tho ground tAas second
nessss wsro not impcaoheA and that no believed upon
compassion Of ne two Documents tAAt the band writing
chant 81 mt The probate 4 the rst win was, Therefore
revoked From this decision an appeal was taken.
and the Supreme Court directed trial ~ Jury
second will could not be found, and the usual com
INDUCED in BY counsel one side insinuating
that no had been induced absent himself and the other
that he did not dare 70 appear The result was thai
the Judge directed the jury to find against inc SECOND
% S SG sa on made setting aside the
second will and roesabshng the FIRST and directed tho
Surrogate TO revoke the probate of the second accord
ingly.
Surrogate argument had before him as 70 the proper
mied that tho only duty Of the Surrogate was to issue
letters tcstamentary upon whe the counsel Tor
lions as Objections 70 such course, to wit:-Fs tina.
the Supreme Court had Jurisdiction OF tho ap
peal from tho Surrogates decree admitting the second
will because only legatee devised named In the WILL
Of kin or hcir of the tastat0r, Can by Law ap
peal from such decroe second the supreme Court had
assumed TO readmit the first will TO probate,
but has no power 70 admit wills probate 70 take
proof of them Thifd-rhe question Of roproving the
first will now comes up as an original question before the
ordered by the Supreme Court 70 do without himself
taking the proofs de noco Fourth-Tho Supreme Court
On grounds the Surrogate asked to disregard
the decree OF the Supreme Court Ho held, however,
that tho question the powers Of that court not one
which II became him, in this instance to pass upon
decree was therefore % entered ~ cne
by revoked and the first will readDtted 10 probate and
rcrccordcd In his Office Letters testamenary were also
issued anew 70 the executrix named in tho drst will
Whether any further stops will be taken by Mr. her
chants sisters against the ladies who receive the entire
property again. under the first will remains TO be soen
President johnson PhrenOlogioally De-
scribed.
In Fowler, the phrenologist now in England, sends
tho following description of President johnson 70 tho
Preston Gsaardian:- m
Mr. johnson has an uncommonly strong constitution
vigorous and condensed organization, and predom
nance Of the vital and motive temperaments He has
hard, tough muscle; compact osseous system, and
position Of life he would, from his organization be DIS
tncy Marked exhibit encrgy, efficiency, force Of char
every obstacle in the way Of carrying out his projects
The mental temperament fully developed but not pre-
dominant. He has vitality sufficient 10 balance the
action OF the brain and nervous system Tho basiar
portion OF his brain Is large, and aids In materiazing
the tendency OF his mind, in preventing him from BE-
coming TOO visionary or speculative too sentimental or
ethereal He has mental and physical courage, good
digestive powers dextery, and great versatility OF
talent He can look at life in practical manner
those Of the mind, can study nature and natural laws
and IL wei, lifted 70 meet the requirements .. ao
tho spiritual and sympathetic faculties His intellectual
faculties balance the socn that unless circumstances
peculiarly exciting he s well fortified mentally
snd physically that he will not be subject TO many eccen
troites but will pursue straightforward course Of
head and the head high and large in circumference
Ho will have no fine spun dyspeptc theories no mar
pin" to mako a 'bold ten s.riko;' will deal with
established principles and a. far az possible Will
ssa at the rSS! Of sy | S Of Spo Oh
hensvo and extensive In its range Of thought Tho
ceptve faculties are largo, and give great range Of
de0nitiveness to his thoughts and plans and pointed
70 his remarks. Every speech that he has made
has some point some pith and reference prac
him great power 10 arrange and systematize to mako
correct estimates 70 look al the profit and loss. and 70
take all things into account In his decisions and
illusions He has high moral brain. Bencvolenoe Is
large, and exerts powerful influence over his whole
clements otherwise his sympathies would control his
Judgment, and he might at times be too gcner
GUS and TOO mercifal ConsG nSa Is large
action combines with that of nrmness and the execu
tive faculties II gives him great moral courage,
right and just TO discharge his duty faithfully without
reference 10 the opinions Of any The exercise Of
ton rather than directed into sectaran channels.
Wore II not for the modifying influence OF his exten-
sive experience his strong Affection and very strong
sympathy, he might DO moro just than mercful, and
disposed 10 execute the law 10 the fullest extent Of is
letter as well spirit Az L. he will not compro
will punish those who transgress wilfully and know
ingly Hope, spirituality and veneration are fully
SsSsSped and their influence %oaaes MS on,soss
form OF worship or not these organs would make him
feel his dependence, upon higher power, and the
necessity OF spiritual guidance Ideaity, imitation
and mirthfulness fully developed but they not
influential In his character unless circumstances are
specially favorable TO their development Sublimity
Is large and vigorous In It's action, and enables
him TO and feel the full force Of great subject
or Of powerful attributes Approbetveness Is an active
organ and gives firm ambition 70 mako the most
OF his faculties and 70 oil his powers TO the best
advantage II takes intellectual rather than social
direction Self esteem has no special manifestation,
either in his head physiognomy. He may have
certain degroe Of self reliance self confidence but II
arises more from the consciousness and knowledge Of his
strength than from mate feeling OF selflove His
pride and dignity arc manifested only In proportion ~ no
has TO ll responsible position His social brain Ia fully
developed and has regulating influence his whole
character bu would be exhibited TO the masses well
special friends outside Of his domestic circle He
deeply Interested In the welfare Of the race In every
thing calculated 10 promote the interests OF humanity