The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-15
GREAT NEW YORK FAMILY LAWSUIT,
The nndIov WIN Cnan.

ing lawsuits now in progress through the courts
OF this State is the Dudley Win Case at Albany.
Legally, morally socially, and financially, IL
secures attention from all who have any know
ledge of it, as we'll as from the numerous and
highly respected parties interested in the dis.
position Of large estate.
Inc eminent counsel arrayed before the Sur
rogate, the questions involved, and the amount
IN controversy, as well as the private history of
family r1Valries and jealousies excited by the
hapless condition of the testatrix, an aged and
lnnIm lady, burdened with property and worn
out Dy the entreaties and opportunities of
anxious relatives, the influence brought TO bear
by her servants and agents in the production of
the will in controversy, the growth of her
cOlored servant from being waiter at her
taeie to be her "man of business with free
charge and entire management of her estate of
%6UO,OOO, and how he managed it, and who has
got possession OF most of 1t; the mental con-
S.itS ol tne Iady VINO lived alone in her house
Win her servants Tor twenty years after the
1eath OF her husband, the late Charles E
dudley, at one time Mayor of Albany and
United United states Senator, contemporary with
nectlons among the old Dutch; indeed, all the
surroundings Of this case tend to make IL
notable in the legal annals of the State
The case is now In the Supreme Court. on
appeal from the order of the Surrogate OF
albany county, Hon. Israel Lawton, admitting
Ihe VIII to probate. From the records of the
Surrogate's Court and the two thousand foios
of testimony taken before HIM, | am enabled to
present some OF the leading features of the case
blandina Dudley, the testatrlx, died at her
nome IN Albany, on the 9th day of March, 1868
ageo nearly eighty years. She left a will (the
one IN controversy, dated December goth, 1889
In 1t Robert j. Hilton and Edward q. Kendrick
were nominated executors. By codicil dated
tne z4th Of August, 1860, Robert H. Pruyn, the
LEI, Democratic candidate for ACKNOWLEDGEMENTS
was also nominated an executor. Seven wears
before Mrs. Dudley's death, the estate was
SHOWN to be worth 900, when it passed from
III Inc nands OF her regular agent, Hon. Thomas
w. Olcott, OF Albany, and went under the con-
troll of the colored servant spoken of. William
a. Dietz. At her death the estate was found to
consist OF real estate in Albany mostly, valued
AZ a. only about Sl2O OOO What had become Of
the estate was the question.
MRS. Dudley was known to have given lbe-
rally, and TO have craven her name on the
dudley Observatory" by an endowment. She
was known to yield easily to the entreaties of
her numerous relatives, some of whom were
in moderate circumstances, but her annual
income could do all that without depicting the
estate-and the question still required, Where
mad the property gone to ? The colored agent.
Deltz, and the counsel, Hilton, appear to be
the only persons who knew and they are the
principal witnesses to establish the will. |
snali not attempt even synopsis of the testi-
mony. But 1t appears from the summing up of
counsel before the Surrogate that by some
means or other, about $356,OOO had been given
away by Mrs. Dudley to two branches Of her
!amlly-ber nephews and nieces-namely the
Mlllers,, OF Oneida county, and her nieces,
the Tibbitses, of Albany and Troy and that
tblrd branch of her family, namely, the Brin-
kerhofs. of Albany, had been entirely over
looked and forgotten, both in her gifts and in
the will before the Court.
II also appears that the colored servant and
agent Deitz had received, over and above his
regular pay and salary, as gift, $4,000 in one
Item, and in several others, enough to make n
total of about S25, 900.
Deltz is said to be a good business man, of
radlcal politics, and interested in the elevation
OF the colored race; and his connection with
this case would seem to show that 1t is better to
pc agent than principal, administrator than
heir, as the world goes
But where is the balance of the property?
by the will now in controversy, Mrs. Dudley
gives her silver and plated ware to her nephews
and niecess except r. b. Miller of Utica, and
Sarah B. Tibbits, of Troy, who are cut of for
some reason, or by reason of some of the innu-
merable whims, oddities, idiosyncracles, and
insane delusions which the old lady is shown to
have been possessed OF in her latter days: also
her apparel, diamonds, and personal ornaments,
with the same exceptions as above.
$4,000 to John b. Miller, of Utica.
$4,000 to Mrs Nilsson, OF New Jersey,
$4,000 to Rev. Henry Staney's chidren.
$4,000 to Isabella Forbes, her servant.
$1,000 TO Elizabeth Van Vrooman, her servant
$4,000 TO William A. Deitz colored servant and
agent
$12, 900 10 several churches and societies in
Albany.
$4,000 to the Dudley Observatory;
The remainder OF the estate is divided between
Mrs. Elizabeth Tibbets, OF Albany, and Mrs.
Horatio Seymour, of Utica.
In April, 1868, the executors offered the will
Tor probate TO the Surrogate of Albany county,
counsel for the proponents being Il. j. Hilton,
Clark b. Coehrane, John X. Porter, now of the
Court of Appeals bench; Hamilton Harris, and
Samuel Hand, of Albany.
Mrs. Elizabeth Brinkerhoff, of Albany, survi-
wing sister of Mrs. Dudley, one oil the contestants
appeared by her counsel James Forsyth, of
Troy; Lyman, Tremain, and Henry Smith, of
Albany, the able District Attorney.
Mrs. Sarah B. TIbbits, also one of the contes-
tants, now abroad In Europe, appeared by her
counsel William A, Beach, OF Troy.
Ira Shaier, ex-senator, of Albany is counsel
for the guardian of minor children in the case.
About three years were consumed in this case
before the Surrogate. 1t now passes up. The
next argument OF the case will be before the
General Term, on the appeal, and will take place
at Albany next winter
The estate is now in the hands OF a special
administrator Mr.. Bancroft, pending the litiga-
ton, which promises to be as long as the estate
will pay lawyers.
notice that Robert n. Pruyn and Edward z.
KendTick have qualified as executors, and that
the records show a recent judgment against
them in favor OF the colored servant and agent
Deit2, of over $4,000, and that the special admin
lstrator and the executors have difficulty az to
who is entitled to the possession OF the property
while the case is pending and undecided IN the
courts. But the administrator. Mr.. Bancroft
seems to have it at present.
There is in the case fine chance for forensic
display OF ingenuity in argument, sitting and
collating OF testimony, and marshalling of au-
thOrities.
The proponents produced written memo
randum OF bequests to be made in the hand
writing OF the testatriX, and relied upon that as
conclusiye evidence that the instrument was her
VIII, and drawn as she desired
hnu plnIN NI,.,Ny