The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-06
The FOrm0n Will Case.
DAN A LUNATIC DESTROY WILL?--wHEN Is
WILL DESTROYED? ETC.

WILL DESTROYED? ETC.
sURRoGxTEs OFFICE
Before Gideon ]. Tucker Surrogate.
In the latter part of August 1855 George Sutton,
merchant ctirod Of this city, deceased leaving behind
him large and valuable estate estimated In value at
hundred nifty thousand dollars His direct
heirs consisted Of widow and daughters by each
wife, he having been married twice His daughter by
sho first wife, Anna Maria Forman whose will is now the
contested one the fav0rte Of her father, and will
che heir OF bulk of her fathers estate She had pre-.
viousiy been married TO Mr.. T. B. Forman, merchant
consisted Of houses and lands situated In parts
che city, much Of It being on leased grounds Of the
Trinity church property According TO the surrosates
records a. w. Bradford then being SurrogateL appears
shat September 1856, John Dawson. executor
In tho will namcd appeared before the Surrogate and
made application TO have the will Of George Sutton do
ceased, admitted 70 probate. After examining under
oath the witnesses thereto Henry Van Schaick and r.
same the win was duly admitted TO probate on septcm
Der 2o 1855 Tho WILL IS matter Of curiosity, is hereby
IN the name Of God, amen, !, George Sutton, of the
nity Of New York, bcing Of sound and disposing
mind and memory, do hereby my last vii, and tes
Tsr.tETo my daughter Rebecca, wife Of Aaron Havi.
1and Of the city Of New York, will and bequeath tho
Sscond-To John T. DAWSON of Pittsburg Pennsylva
MIA, Of my friend John r. Dawson, hereinafter
lara As my present wife, Amy Sutton, is entitled 10
dover in all the real estate which have owned during
cOv0rturc except
veyng do not deem it necessary to make any prov.
SION herein for her; and therefore,
Thirdl give, devise and bequeath all the rest resi-
due and remainder Of my estate real leasehod
sonal Of every NAME kind and description whcrcsocver
situate, TO my beloved daughter Anna Maria, wife OF
Enos b. Foruan of the city OF New York, TO her. her
heirs and assigns forever.
Lasiy-I hereby nominate, constitutional appoint my
friend John X. DAWSON residing in Newark New Jcr.
sey sole executor Of this my last will and testament
hereby revoking all other wills by nc made
In witness whereof have hereunto set my hand and
s. Our Inrd dime
GEORGE SUTTON n. 81
Signed sealed, published and declared for his
hast will and testament by the above named testator in
orr presence who in his and the presence of
each other and at his request have hereuno affixed our
HENRY VAN sCHAICK, No, 50 Fifth avenue
p REYNOLDS, No 90 East Thirty fourth street
The requests OF deceased narrated In his last will
and testament, were carried faithfully out and his
hcr deccase which occurred last spring The property
In the meantime had greatly increased In value and
about three years since Mrs Forman executed wiI
dcvsing and bequ athing her property, before compe
tent witnesses now living, according TO her own ncua
tons About year or so since, as near could be
learned she showed Signs OF insanity and her husband
had her removed 10 iunatic asylum Flushing whore
she nnay died last spring shortly after her dccease
letters OF administration the ground that valid will
was extant Letters Of administration granted.
nj Fornan was appointed trustee OF the estate For
season he remained in undisturbed possession thereof
when the witnesses TO the will made by Mrs. Forman
soIsc three years snce had Mr. Forman brought before
Que OF the judges and on OATH he admitted that such
Will was made but that deceased had destroyed II
short time before cr deccasc but that the pieces thereof
were not destroyed The judge ordered them to pro-
nuceo, which was done They formed will when pasted
iogethcr, copy OF which has been made
After bequeathng small amounts TO some OF her
relatives che gave amounts OF different values 10 various
char tics attached TO the Baptist church. and named as
ner residuary legatees George ID Sutton Mrs Riley Mrs
Ioxe hrs Westervolt and George W. sutton These are
.isa
will N nat destroyed II the reak AZ aha u, .,
discernibe when put together and also mania ming that
will cannot be destroyed by person of unsound
really settle the question what may constitute
Eill, and how far the destruction OF win may be con.
sttued. Mr. Forman Is represented by A W. Bradford
and the contestants have retained the services OF Ia
wards PieTepont, A. A. Redned and others The case
N the .,arf nj this x,opth