The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-14
Surrogate's Court.
THE CHRIsTY WILL CASE.
Bofore Surrogate Tucker.

Ocr. lathe counsel for Mrs Harriet e. Christy and
her children fled the following petition In the Bur-
rogatc's Court this morning.
To the Hon. GIDEON J. TUCKER Surrogate
The petition Of Harriet e. Christy, Of said city re-
specially showeth that your petitioner is the widow OF
said Edwin Chrsty late Of the city Of New York. do
ceased, and that said p Christy left him surviving
children Of your petitioner who are the only heirs at
law and next Of kin Of said Edwin p Chrsty; that said
Edwin p Christy was at the time Of his death, seized
and possessed OF large amount Of real and personal
property Your petitioner further says that after the
death Of said E. r Chrisy your petitioner Che widow
OF the county Of New York for letters Of administration
on the estate Of her said husband and that such letters
OF administration were fully granted 20 your petitioner,
and that afterwards certain who are strangers TO
your petitioner and her said husband and children, APP
peared before said Surrogate and offered for proof and
w and . ss Of her said HUSBAND Edwin
Chrsty deceased and your petitioner appeared before
said Surrogate and nerposcd In her behalf and in behalf
Chrsty and opposed the probate Of said alleged will
That the proceedings In said matter had and con-
tinued before said Surrogate from time 10 time and
proofs in said in behalf Of tho parties and that
among other things Il was shown before said Surrogate
in said matter that the said Edwin Chrisy on or be-
fore the 9th day OF May 1862 insane and incapable
OF exercising intelligent voIion and that while In such
insane and demented condition Of mind tho said Edwin
p Chrsy prccptated himself out Of the second story
window or his house. at No 70 East Eighteenth street,
In said city; and that by reason Of the injuries
ccIvcd in and upon his body the said T. ?. Christy
and mind; and that while the said f. p. Christy was
in such insane state OF mind and completely helpless in
his body aforesaid he surrounded and IN the
tody Of persons who hostile to your petitioner and
her said children and that Of the said persons who
was in possession Of the sad premises, and the
said, Christy'sj kept mistress, and who claims to
DO entitled, by said alleged will to nearly the
further says that while said 4 p chrs,y was in such
helpless condition Of mind and body aforesaid your
petitioner and her said children he children Of said
L. u Oh. sI.~
presence Of said Il. p Chrsty but were denied such
admission into said house where said T. p. Christy
was then lying as aforesaid and were refused per:
E. r Chrisy at ALL And your petitioner refers TO
all tho evidence said matter appearing the printed
evidence part Of this petition and which said evidence
Of the exclusion OF the son OF your petition and
others standing uncontradctcd therein And your
petitioner charges the fnct TO be- that she and her
said children, the children OF said Z. p Chrsty
thereby deprived OF their natural and legal right be
present at and with said Christy during his the said
L. p Chrisys last illness; and that the said person
and persons deprivng them aforesaid, did de-
prve them for the purpose or The said n chris.y
Chrsty against your petitioner and her said children,
and thereby dcprvng your petitioner and her said chill
dren and the children Of said Christy Of their legal
rights to the estate Of said K. r Chrsy And your pc
oner charges the fact TO be, and verify believes IL TO
be true that the said person and persons who
then and there In possession Of the person
Of said 4. p Christy III the said 4. r. Christy
then allve) aforesaid did then and there unduly
said helpless condition of mind and body aforesaid 10
do or pretending that the said r. p Chrsty did do
tain acts whereby your petitioner deprived OF her rights
az his widow, and the said children OF the said Il p.
Chrsty wholly deprived Of their rights his said r.
Chrlsys heirs at law and only next OF kin. And your
petitioner further alleges that from the evidence pro-
ceedngs and proofs in said case to which she respectfully
refers this honorable Court the said Surrogate held that
marriage alleged TO have taken place between the said
kept mistress and the alleged testator fraudulent
and done and alleged TO have been performed while
the said and persons had possession Of the
the said r. p Chrsty and while your petitioner his wife,
and her children by T. r Christy and other persons
and bad been excluded from the presence Of your
petitioners husband and your petitioner charges that
said marriage ever took place with him, said Z. 7.
Chrsty, he, the said T. r. Christy, was, from
the 9th day Of May 1852, down 70 the time
Of his burial, under the restraint and control
Of the person and persons named az executors wit.
and most Of the legatees named in said alleged
will, all Of which persons were hostile 70 your petit
TONER and her said children as aforesaid And your
petitioner alleges and verify believes II 70 DO true that
Che said Surrogate in making bis decision In said matter
and declaring BY his said Judgment and decree In sad
matter that the said Edwin p Chrsty was not under
restraint or undue influence. and that said instrument