The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-09-14

A remarlssbie ,Win Csse in which the
widow Of Ex-President Tvler does not ap-
pear 70 the best advantage, and which has
turned out decidedly 10 her detriment, has
Just been decided BY the Surrogate or Judge
Of Probate Of Richmond county, New York,
Her mother, Julianna Gardiner. had one
other child, e son, named David L. Gardi-
ner, who had lived with his parent sor
many wears. In 1855 she made a viii Civ
ing him more property than e her other
heirs, because, as she stated, he had man
aged her property for her. In November.
1868, Mrs. Tyler and her children came to
live with her mother. Ia the following
February, David was requested by letter
from his mother 70 leave her hcalse which
he did at once. The letter was inierhned
10 one OF two places by Mrs. Tyler. Mrs.
Gardiner died % fhe 4ih Of October 1864.
Mrs Tyler having remained with her until
her death. The day previous 20 the I'D
lsdy's decsase, Mrs. Tyler sent Instructions
o. O lawyer named CLARK, to draw np a win
for Mrs. Gardiner, giving instructions a. to
IT. provision-- Mr.. Clark went othe house.
and told Mrs. z. that the instructions mHst
come from her mother. Next day he saw
Mrs. Gardiner who asked him IL ne had
not received Instructions from Mrs Tyler,
and then repeated substantially Mrs. rs
programme. Mrs. Tyler was present du-
ring the interview, and assisted her mother.
who was very sick. The viii was executed,
and IN three hours the testatrix was dead.
By the first clause Of the skill she gave Mrs.
Ty -er her entire personal property, and the
house and grounds in which she resided
By the second she gave her son David all
thes dvauces she had made him for the pur-
chsses Of farm at Mortified. By the third
she gave one fourth Of her town property to
q grandson, Henry Berkman, and divided
three fourths between Mrs. Tyler and David.
but gave the rents Tor David's portion 10 Mrs.
Tyler for life, OF until the damages and loss
Is 10 her property in Virginia had been re-
imbursed by the National Government.
Il appeared BY the evidence that the VIII
was made under Misrepresentation OF facts.
First. she was under belief, ct the time Of
execution. that the son had received sd
vauces from her 20 buy his farm, ard was
indebted % Der for other claims, and that in
relinqushing these claims she was virtually
bequeathing % him an interest Of Considers
BILE value. But this was shown to be q mis-
take by the uncontradicted evidence OF AR.
Gardiner, strengthened by the presumption
growing out OF her former viii, and state
luents made az the time.
David had bought the farm in 1853, with
funds of his own earned by him in Califor-
his mother He had iabored earnestly for
her comfort and saved her much money.
lie Is nov comparatively poor, while Mrs.
Tyler is the owner Of two residences aud
D 100 acres Of land in Virginia IL was
shown, however, that Mrs. Gardner had
come 90 the belief that Mrs. T.. was poor
while David was rich. Mrs. Tyler was not
brought on the witness stand, but il was
shown quite clearly that the testatrix was
mot of =. sound dlsposing mind when her
la-t Will was made, aud had exercised an
influence over her which was difficult for
ihe old and feeble lady TO resist. Il was
brought out directly in the testimony Of
one of the witnesses that shortly before
Mr.. Gardiner left his mothers house, she
heard Mrs. Gardiner, in answer TO q question
put BIZ oneof Mrs. Tyler's children, ''Grand
ma. Why don't you send uncle David away ,"
answer by saving, "He Is my child"
TheSurrogate summed up the evidence at
length, concluding as follows: " From
careful examination Of the testimony ia the
case, think it is brought within the rule
against admitting instruments 70 probate as
wills. Il was obtained from a dying woman,
d. contrary to previous testanientary disPo-
siiiuns made BIZ her in health, was procured
Dos. creating q misapprehension of facts, as
% the value Of property bequeathed TO her
sou-and i. therefore, refuse 20 admit the
will 10 irrobate. and order and decree, that
she instrument offered for probate d void,
and of no effect, as q will of real and per
snual estate. and it is further ordered and
d.creed. thst the fees of the County Judge
and Surrogate be paid out Of the estate of
said deceased