New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-30

Rowland of New-Bedford, single lady Of -
vanced age, died during the present year L.
ing an estate of from two to three miIl;o,.
this she gave about one million in ler.oi.,.
different individuals not her heirs at law.
her physician, to other friends, to the C;,r ',
New.Bedford for public uses, TO an O-,
Asylum, and to the Boston Nationa, So,
Home. She left to trustees the rest Of bo.a
tate, the net income to be paid to Miss Rob.
son, daughter Of Edward Mott Robinso, l,,.
this city, the niece Of the testatrix and hal
at law. After the death of Miss Robinson ~.
whole Of the residuary estate is to be div;a.s
among the lineal descendants of the grands,,h..
of the testatrix. Miss Robinson wa, al-,,I.
one of the wealthiest women in America b..
ing received from her father one million Of A.,
lars, and the income of from two to three mil
lions vested in the hands Of trustees. Sic n,
seen fit to contest the validity Of her amt,
will upon the ground of undue influence and in.
competency; but after long examination IN.
Judge last week admitted the will to uroh,t,
Whether the contestant will appeal to the An.
preme Court, which is also the Supreme Cour.
of Probate, remains to be seen. Tie testmony
adduced went very clearly to show the com.
potency of the testatrix; nor did the conte,,,n.
appear to be in the possession of any evidence
sufficient to control it.
We have alluded to this case partly because
| q x,vst ,occacc ooncidarabIa ;c.oxo..
City, but principally for the sake of mentioning
precaution taken by the legal advisers Of Mis
Rowland at the time Of the signing Of the will.
Feeling sure that its validity would be contested
by Miss Robinson or her father, Mr.. Thomas d.
Eliot, the attorney employed by the testatrix.
requested the eminent DR.. Jacob Bigeov Of
Boston to be present as a witness, that hs
might Judge of the soundness of her mind. To
this point, DR.. Bgelow spoke at the hearing.
He said that he held desultory conversation
with Miss Rowland; that she found her mind
clear, expressions pertinent and connected, and
her memory accurate; he had no doubt Of her
competency to make will; she was Of per.
fectly sound mind at the time" The opinion Of
DR.. Bigelow is of high value, as all who know
him will admit, his skill, his integrity and bis
disinterestedness, being alike unimpeachlbls.
The sequel has shown the sagac;ty aai
prudence of Mr. Eliot, who is well known
as a distinguished Member of Congress
from Massachusetts. But for this, the
Court would have had only the professional
opinion of Dr. Gorden, the regular physician Of
the testatrix, and who, under the will, is Z
party interested in sustaining il. II seemsto
us that whenever there is the least probability
that the soundness Of mind OF testator will b
disputed, it is the duty of any lawyer who may
be employed in drafting and attending to tho
execution of will to provide that the best pro-
/ fessional testimony upon that point shall not
be wanting. 1t is a duty which be owes to him.
self, for we take it for granted that no honest
lawyer would so much as be present ct the exc
cution of will by person clearly insane OF
imbecile. Nobody cant ell wha. issue this
case would have had, but for the testimony Of
DIR. Bigelow. His evidence is the very sheet
anchor of the executors. But for that We ngl.
have had another Parrish will case dragyilgts
slow length from court to court, and gradually
like Jarndyce V. Jarndyce, absorbing the yery
estate in litigation.
That Miss Rowland should have given le.t
cies to old and faithful friends-that she should
not have thought it necessary to swell tho
property of q niece, her hcr-at-law, already
one of the wealthiest women in America-thIt
she should endow excellent charitable institu.
tionS, certainly affords no evidence OF incom'
potency to devise her estate. Probably there
is nothing in the history Of her family, when
has long been a notable one in the commercial
world, so creditable to it as these devIse'.
she was eccentric, she beggared nobody by ne'
eccentricities--if she was whimsical in remem'
bering wounded soldiers and orphans, and them
terests of literature, such whimsicality may %
pardoned. We do not say that there may
not be another side to the question; We OILY
insist that generosity, gratitude, thought lo'l'
poor and suffering and oppressed, shall mol 10
taken as prima facic evidences OF incompeleny!!'
Ii a testator is really incapable OF SOUND T.
position, let the her-at-law take and be tlslA.
iul. But if all wills are to be refused pF0OAI
because they exhibit signs OF beneyolense inA
of thankiulneSS, rich people will be forced - Vs
come the living executors or their own '''.'
ties, a course which, whenever possible s.'
not likely to be arrested by a writ dc ~H"'"''
may perhaps be the wiSest one.