The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-08

any and all rents that may be collected faows viz
rymen Of the Church Of the Intercession the Of
seventy thousand dollars bequeathed TO them as
aforesaid and IN nun Of said bequese -
To invest and place ut interest upon the bond and
mortgage on real estate tho Of thousand dollars
and apply the interest and income thereof half yearly
son hae Of the city of New York counsellor ataw
and during his natural life, and upon his decease add
10 and Usce a. 70 my essSe
gage real estate the further Of ten thousand dol
lars, and apply the interest and income thereof half
yearly or as often received to the use Of Eliza
Perry daughter Of the sand Nelson Chase for and during
her natural life and upon her death distribute divide
income thereof equally share and share alike unto
her then living lawful ISSUE then living child Of
hers to take equal share thereof and the issue of
deceased child OF hers take by representation the
share the parent Of such Issue would have taken If v
ng and At the death OF the said Eliza Perry there
add the principal OF such investment to my resduary
estate
husband, Stephen Jume II she be living at my decease
and in case Of her death TO pay the to her
To pay over to the Rev J. Howard Smith five thousand
dollars
TO pay over to the society for the relief of Respectable
INDECENT Aged Females located in the city Of New York.
five thousand dollars.
To pay to the New York Orphan Asylum stu
aied at Bloomingdae, in the city Of New York, FIVE
To pay over to the New York Hospital situated on the
westerly side Of Broadway in the city Of New York. five
pay &c the institution for the Deaf and Dumb
in the city of New York, five thousand dollars.
To pay 10 the Institution for the Blind the city
OF New York, five thousand dollars
To pay to the society," located Staten Island for
the benefit Of the children Of Sailors five thousand dol
lars.
To pay over to the trustees Of the Aged and InHrm
Clergy fund Of the Protestant Episcopal Church. in the
diocese Of New York, five thousand dollars.
To tho Protestant Episcopal Missionary Society for Sea-
men, in the city OF New York, one thousand dollars
TO the American Bible Society, in the city Of New
VAxly hnn1x nd doll
And TO distribute, divide and pay over all the rest,
residue and remainder of the proceeds Of said sales unto
and among the several perns and societies TO whom the
foregoing payments are directed 70 be made In the
shares and proportions which shall be proporonate to
the payments herein before mentioned directed to be
made to them respectively And hereby give and be-
queah the proceeds Of said sales to said estate real
and personal accordingly, Saving that the said rector
churchwardens and vestrymen of the Church Of the In
tercession, and the said Feice Legardare to have
and receive only the specific amounts herein before d.
rected to be paid to them respectively and neither of
OF the said proceeds Of sales last herein above ordered to
be distributed
Foavth--And hereby nominate, constitute and ap-
point John Tying Adams and Gideon Pott executors Of
this my last Will and testament, and hereby authorize
and empower them and the survivors OF them, and such
shall act, TO compromise and compound with any and
all my debtors and TO submit arbitration any and all
disputes which may arise in the settlement OF my estate
and to do and perform all matters and things necessary
10 carry into full and complete effect all the provisions of
my said will
zasly-Hercby revoking all other and former wills
hereby declare this and this only to be my last will
and testament
In witness whereof have hereunto set my hand and
seal, this 18th day Of April, in the year 1868.
ELIZA b. JUMEL
Signed sealed published and declared by the testatrx,
Eliza b. Jumel and for her last will and testament in
the presence ous who at her request and in the pre-
of each other have hercunt0 subscribed
as witnesses JOHN p BUTLER.
JOHN NJ HOLLAND.
PLAINTIFFS POINTS IN DENYING THE VALIDITY OF
THE WILL.
The complaint then goes TO say:-As by the said
paper writing purporng to be such last will and tes
last Aforesaid, in the possession Of the
above named defendants, of some one Of them,
reference thcreunio being had may certainly APP
pear and which, when produced the plaintiffs, for
greater certainty in the premises pray leave to refer The
said John Howard Smith and John Tying Adams still do
claim and insist that such paper writing IL the last Will ana
testament Of the said Eliza b. Jume deceased and that
the pretended devses and requests thereby purporng
be made are and that each Of them Is valid and eec
tive IN law and also claim and insist that the pretended
trusts and duties thereby purpong TO be vested in and
Pot are valid and enectua at law and in equity and
ought 70 be carried into full execution. The existence Of
such paper writing in ITS said FORM as paper purportng
10 be the last will and testament OF the said Eliza b. Ju
mel deceased and the aforesaid claims and prsences of
the said John Howard Smith and John Tying Adams
The title of these plaintiffs 10 be quest oned and
form and constitute impeachment and obstruction to
the full and beneficial enjoyment by the plaintiffs Of the
said estate which Of the said Eliza b. Jumel;
deerm nation and judgment OF this court be had decar
ing such paper writing not 10 be the will Of the said Eliza
B. Jumel, deceased and declaring that all the
pretended dovises, dispositions and provisions In the
same paper writing, contained Of or concerning the
real estate any part thereof are, and that each
and every OF them is, invalid, null and void. The
said paper writing, barring date the 18th day OF April,
1868 IL not, nor is any part thereof the last will and
testament OF the said Eliza b. Jumel the pre-
tended devscs, dispositions and provisions therein
tanned or any Of them, valid or efectual in law as to
the real estate which Of the said Eliza b. Jume at
the time OF her death, to any part of such real
estate
Al the time Of the pretended making OF such pre-
cal "
She the said Eliza b. Jumel was Of unsound mind and
was not by the laws OF the land capable OF making a
WILL OF devisng her real estate any part thereof
The said Eliza b. Jumel, deceased, did not subscribe
the said paper writing purportng 10 be her last will and
testament at the end thereof elsewhere nor did any
person sign her name TO the same by her direction
Ntcr denying other points In the will the complaint
alleges that the only subscription Of the said Eliza b.
Junci 10 the said paper writing aud all acts OF her tho
said Eliza X Jumei in respect OF such paper writing
made and done by her were and each every one oil
them unlawfuly and frauduently obtained and pro-
cured by the said John Howard Smith by means OF
convention. fraud undue influence and coercion prac
sed upon and for that purpose employed against her
the said Eliza Jumel, by him, the said John Howard
Smith
defendant In this action, s the only child, issue de-
scendant in life OF the said Eliza Perry the said
paper writing mentioned and the said Matilda In
FAINT under the ago OF twenty-onc years
The plaintiffs are ready and willing and hereby offer
10 pay under the direction Of this court to Fece Lee
gardare OF TO her daughter, the may be- all the
moneys which the said pretended will purports give
said Fccc or her daughter Tho said Fece Legardare
u sho be living. and her daughter, reside in France
After further denisis the complaint which was
drawn up by Mr. b. r. Dnnning, PLANTING attorney,
concludes with the usual legal formula The issues and
questions facts arising the plcadnes yesterday
submitted TO Judge Cierke when he reserved his de-
cison