The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-04-30
Tho Lawrence VIII Case.
sURROGATE's COURT.
Before Surrogate Tucker.


Surrogate Tucker yesterday delivered his final decision
In the matter Of Abraham R. Lawrence's alleged will
This important litigation, which has consumed 80 much
time in the Probate Court excited much profes.
sonal and public interest," is said to involve the
ship Of nearly half million Of dollars. The paper pro-
pounded as will is doubtless in tho handwriting Of the
decedent, Abraham r. Lawrence himself and ia dated
December 1889. II purports to leave the bulk OF his
property to be divided into parsone seventh each
to his brother Jonathan lawrence his brother Rich.
ard NJ lawrence to his brother John Lawrence to his
brother william T. lawrence his sister Margaret
renee TO Mary, widow Of his brother Joseph Lawrence
and their children and the children Of his brother
Samuel Lawrence appears that all these brothers and
sisters have died since $780, and the only person nom
mated executor In the will who survives is Andrew
lawrence nephew, who Offers II for probate Tho
will has the ordinary tesatum clause and Is witnessed
by J. d. Outcalb, J. Van Benschoten and William H.
Two Of those witnesses arc dead and evidence was
given to their handwriting. The only survivor Mr.
Van Benschoten testes in answer to questions to his
/ should think should call IL mine; Il is nv hand
writing; have recollection whatever Of signing this
ton to H.
The probate Of this will was opposed on the ground
that this evidence was insufficient to prove its formal
execution according to law The contestants are two
young children named Abraham Riker Lawrence Norton
and Cecilia Norton appearing byther father Chauncey
J.. Norton. They claim that their mother MRS. Norton
deceased), the legitimate daughter of Abraham
r. Lawrence, which claim is denied by tho collateral
latves (nephews and nieces and grandnephews and
grandneces) who arc the devisees under the alleged
will.
Much testimony was taken TO reputation cohabita-
ton and acknowledgment on the part Of Abraham r.
Lawrence both for and against the presumption Of his
marriage to Mrs Norton's mother.
In the OF the long and exhaustive trial before
the Surrogate very great acrimony was exhibited be-
tween the contesting parties and number OF exciting
occurred among the counsel there being four
five lawyers each side. The public will remember
that occasion OF the lawyers in the
committed by the Surrogate for alleged contempt Of
court but subsequently released habeas corpus
by another Judge.
The nterferencc of the Legislature also invoked,
and bill passed in 1864 with direct reference to this
estate and intended to place the legal control and
tody the property In tho hands Of the collateral rca
pending the tigatons but which partially failed
Of its object Other bills in relation TO introduced
Senate during the present session. but have
failed Altogether the Lawrence trial has been one OF
the most interesting and sensational ever had even In
that tribunal of family quarres the Surrogates Court
The opinion OF the Surrogate denies probate 10 the will
and susiains the eg macy Of the Norton children The
ruling the latter question Is announced to be in con
forfnity with that OF majority of the judges OF thu
Court OF Appeals In the recent famous case OF Ferre
and legitimacy is laid down with great distinction Tn,
Surrogate's opinion concludes as follows
find, therefore, as conclusions Of fact
First-That the paper propounded as will is not
proven have been execrtcd by the deccdcnt In the
manner with the formalities required by tho statute
There Ia evidence Of the signature In the presence OF
the Witnesses OF Its Acknowledgements to them, no
evidence OF It's publication his will by the decedent
and no evidence Of his rogation OF the witnesses
Second-That the evidence must be held to sustain the
existence OF the marital relation between the deccdent
and the grandmother Of the infant contestants and that
they the heirs nj law and next Of kin or deceden
tration must issue TO the guardian Of the Norton
Infants