The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-13
MADAME JUMEl'S ESTATE.
THE ALLEGED WILL SET ASIDE.
OPENING STATEMEN | OF CHARLES 0CON,R.
Testimony OF Mr.. Nelson Chase, the Plaintiff
and the Rev. J. Howard Smith,
the Defendant.
&c. &c. 60.
Supreme COurt-CircuiI.

betoro d0n Joseph r. barhhu
Nov. l2-Nelson Chase and Others j. Hocdrd Sni'm
and Ote The trial Of this important and interesting
case, which has attracted much attention in legal ana
social CIRCLES came up to-day for trial. II involved 'ne
disposition Of the estate OF Madame Jume Vauca a.
over million OF dollars and took the form OF o ~
chancery brought by heirs ut law TO SET auo auu
declare null and void what purported 10 pe her aS wiz
and testament This document was execu'eu ia Api"'
1883 and under 1t her whole estate suo1eci 70 some
compsraliyely small legaces, would nave passed. unoer
residuary clause to certain religious ana charitable
institutions The claim the part OF Inc pantus was
Nat tho document was obtained under undue influence
and -hile the testarx had no mental competency to
make Wal The facts Of the case are set out briefly
and clearly tho opening statement OF Mr. O'Conor
elaborated in the te.imony. Practically, there
contest the part OF tho defence, amicabe
arrangement had been made before coming into court,
and the proceedings were therefore, rather formal than
otherwise
Twelve jurors having answered to their names and
taken their seats in the jury box exJudge Perrepont
counsel for the plaintiffs stated that without taking
up time 10 examine them separately he would put the
general question whether any Of them were inter-
escd in the estate OF Madame Jumel in the charitable
societies to which requests made, SO as to
prevent their trying the impartial jurors
One of the jurors (Mr Hinds approached the judge
and stated that he had made up his mind the me-s
of the Mr. Kinds allowed leave the ane
Mr.. Morange called in his place.
The jury was, without further question, constity..
follows:-Sigourney W. Fay, merchant, As Pay
Robert f. Yeverton, produce dealer, So F,s..ss.
John Reilly, liquor dealer, ll6 East Twenty u. ~
Lewis Frank shirts, IS Chambers 81 So. ~,
range, hardware, So Allen street ant,, -
c. Rogers, cooper, q Suffolk stree ~ aGs-s..
broker, 2l7 West Thirty third e"es' "nu w
>dn
rw.If,n s,rao, ,ni 10 slxth avenue; Thomas James
cans 90, pouo and IA Bank street; Joseph r. Good
an coo,s % Morton street; Aaron p Wilcox, merchant
;, street; and Michael Reynolds, toys, 344 Sixth
av>due.
OPENING STATEMENT MR.. CHARLES o'coNoR
Mr. O'Cooor then opened the case the part Of the
plaintiffs, speaking as follows:-
GENTLEMEN The JURY-This action has been brought
for tho purpose Of setting aside paper which has been
set up as tho last will and testament Of Eliza Jnme for
merry Of this city, who died in ls65-pretty well known
by the public perhaps better known by the name OF
Madame Juane as she the wife OF French gentle
man. than " her Christian name. She lady OF
very large wealth. and resided IN the upper part Of
island for very long term Of years The paper in que
t,ou Vas executed in April, 1858. At the time Of its
execution she from eighty'even 10 ninety years Of
Her ago death about ninety. This paper pro-
pounded as will is claimed TO 10 void account OF
any such paper; and, in order that you may have
before you q view OF the testimony which Is about
70 be presented for me purpose Of enabling you 70
come to q proper CONCLUSION, 1t ID necessary that
should give you some narrative concerning her. She
was in her origin quite humble. She was the daughter
Of her husband john Bowen, who was. i'A believe
nothing more than common sailor, although be may,
possibly have held some higher post in the merchant
service. She the daughter Of John Bowen and OF
Phoebe, his wife, and was born in Rhode Island. She
and We have account OF him. The sister came 70 the
city of New York about the lime that she did, the
RED about the year sol She Mrs Jume inI manned
stephen Jumcl, wealthy French merchant, then in
prosperous eusine.. this CITY, Her sister married Mr.
subsequent period. Mrs. Jones had four children,
four Of the plaintiffs 10 this action She had
another child, VINO died early, and ii is not
These four children OF Mrs Jones are the heirs al law OF
Madame Jamel who appear the record hero claiming
TO set aside this w-Mrs Eliza Jumel Tranche, Mrs
stephen Jumel Jones. Mrs Jume was never blessed |
with any posterty Alta early period Of her union
with Mr.. Jume 1--WE know not exactly at what date but
at very early period perhaps early 1906 1907
perhaps year two iaer) they adopted as their
daughter young GIRL named Mary, who born OF her
sister, Mrs. Jones, before Mrs Jones marriagethere
fore not exactly legally akin 10 anybody but she was
adopted by Mrs Jumei and Mr. Jumel THIS Young ady
was ernusht up and educated in this country taken to
francc ana ner eaueson completed there; taken back
70 the safe o. New YORK and introduced to and united
plaintiff this case Throughout her she cnioyed
the affection OF those parents who had adopted her until
the death OF Mr. Jumei, in 1882 and as TO Mrs Jume
her mother by adoption until she herself died ia The
year 1s43 She had been married. as you will perceive
years prcvonsiy-and she lett two very young children
William and Eliza, rather Eliza and William tho girl
being the elder The old lady Immediately accepted
adopted these as her grandchildren, might say,
and indeed sometimes called them They wcrc how
ever whca any strict form observed, called nephew
and niecc-strctly and properly sometimes writings,
ture not in srictness OF law For the mother Mrs
Chase the greatest affection had been manifested until
her DEATH For these children greatest affection
was manifested by Mrs Jumel from their birth until
about the year 1852 From that time forward PROF.
able that she did not manifest any great affection for
them, OF she, all events, at times mani csted OF
aversion TO them now come down to the latter part
Jume visited France, taking with her both these chill
dren While In France she negotiated ana arranged for
. marriage between her grandniece and Mr. Perry,
the only son Of respectable French parents
She then, by her letters to tho PARENTS OF
this young gentleman who married INTO her
family, stated her intention give her estate
TO these two children That Is the substance her let
tiers which viii be read 10 you. She returned New
York W Tue later part Of 1854 after that
and very soon attes thai, being then at very ad
vanced period OF HE, tue decline Of her mental powers
commenced In the year lS55-tbat is 10 saw IN the
winter Of 1s545-Dcgnnng say, in January or Febru.
arv apprehcndng that there great NUMB rs OF peo
pie engaged Tn a design to murder and rob her she
originated legion Of about twenty persons whom she
made sort OF CARR OF her residence out in the
country, and kept them IN her employ, feeding upon
her, dressed up in sort Of fanaslical regimenaIs
which she prepared for them, with her little grandson
las he may BIO Called wm Chase then only fourteen or
fifteen years, child riding ut their head sort OF
During the night regular guard hai to be
set-tbc FIRST party going guard being relieved by the
second thus keeping up regular relef Of guards dur
ing the night. Every and then there some
alarm. A guard would fire his gun. The whole
garrison then aroused, the woods in the
neghborhood searched guns fred, aud all that
This consequences of dslus on existing on her
part aud perhaps some OF these people very will
pander 10 order TO give her to believe
IL vas
considerably in her mental powers along during the
next four years alter that In 1909, while she was at
Saratoga sprngsa place which she was in the habit OF
visiting having property and a residence there she had
some sudden excitement arising from pain in the
mead, as u was supported she started ~ table. THIS
seemed TO be the commencement OF her completely re-
uared condition. of that condition in which her mental
powers verc wholly destroyed. he behaved In the
most extraordinary 10 the rail cars when coming
hnme lInInndL a. hnrx