The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-08
THE WILL OF DECEASED IN FULL.
Nearly Her Entire Property Left to
Charitable Institutions.
Alleged Fraud by the Interested
Parties.
Suit Commenced by Her 1Gephews
and Wieces.
&C. &c. &c.
Supreme Uonrt--Cham bers.
Before Judge Clerkc.

Supreme Uourts-Cha mbers.
Before Judge Clerke.
Nelson Chase and others vs. John Hosoard Smith and
othesx-The contest in this action involves a large
amount Of property varously estimated be worth be-
tween and two millions of dollars owned by Madame
Eliza B. Jumel. the widow of Aaron Burr who died in
July last. The present action has been brought by
the nephews and nieces of deceased four in number
in conjunction with Mr. Nelson Chase for the purpose
Of testing the validity of will alleged to have been made
by Madame Jume and by which her entire property Is
loft to charitable institutions and strangers with one or
two slight exceptions The will be tried before the
Supreme Court in this city in April May II came
up yesterday before Judge Clerke, q motion made
by the plaintiffs to settle the issues questions of fact
arising ON the pleadngs to be tried by jury.
Mr. Charles oConor and exJudge Pierrepont appeared
behalf Of the plaintiffs and Messrs. f. H. Slough
ton, Charles Tracy, exSurogate Bradford Martin aud
Smith for the defendants
The plaintiffs in the Messrs. Nelson Chase
William Baou Jones, Stephen Jume Jones Eliza Jumel
Franchen and Louisa Jumel Maddox The latter four
nephews and nieces of Madame Junei and claim to
be the heirs at law Of the entire property Tho defendants
are as follows:-John Howard Smith, John Tying Adams,
Gideon Pott, the rector churchwardens and vcstrymen
Of the Church Of the Intcrcesson at Carmansvie;
association for the relief of respectable aged INDECENT
females in the city of New York the Orphan Asylum
Society in the city of New York. the Society of the New
York Hospital, the New York Institution for the Blind
the Society for the Relief OF the Destitute Children of
Seamen, The trustees OF the Fund for Aged and Infr
Cergymen Of the Protestant Episcopal Church in the
diocese OF New York, the Protestant Episcopal Church
Missionary Society for Seamen in the city and port OF
New York. the American Bible Society. Eliza Jumel Perry
and Paul Guaume Raymond Perry, her husband and
Matilda Elizabeth Georgna Perry.
he Ia 4 and
contains the following recital Of facts which
what condensed in our subsequent report
Eliza b. Jume, widow. formerly of the city OF New
York, departed this life at the said city the 18th OF
July, 1865, aged about nnety-six years For many
years previous 10 her death, and at the time thereof
Madame Jumel was possessed Of a large real estate
situated in the city OF New York consisting, among
other things of premises lands aud tenemenis hereafter
Lot and premises situated on the norheaiery corner
of Broadway and Liberty street containing In 'front.'
Broadway, twenty six feet and rear twenty Ave
ieet
Lot and premises situated Third ward of the city
Of New York, which conveyed to Stephen Jumel by
Mary Haight and Others
Nine lots and premises situated Harlem Heights in
the Twelfth ward bounded and described folows0n
the north by lands formerly belonging Mrs Bauer on
the west by the Albany Post road the south by
the Harlem river, containing about ninety FIVE acres
Ground and premises which Madame Jumcl resided
and had her homestead at the time Of her death,
situated IN the Twelfth ward and bounded follows-
Northwestery by Tenth avenue norihery by land for
merry belonging 10 George Wear belonging Shep
hard Knapp, easery by the Harlem sOuherly by
lands formerly belonging to Beekman and westerly by
the Albany Post road, containing about thrtytwo
Parcel Of land in the Twenty second ward bounded
as foilows-Commencng at corner formed by the in
tersection OF the northeastery line Forty -frst
street with the westerly line OF the Seventh
westerly line Of seventh avenue nlneteen feet and
nine inches thence westerly and parallel with Forty
rst street sixty feet thence southery and parallel with
Seventh avenue nineteen feet aud inches to the
norhery line OF Forty first street. thence easery along
said last mentioned line sixty feet to the place Of begin
nlnDt n0a fhAr IA gla htstl.f L..
House and lot in the Twenty second ward in Seventh
avenue near Forty Hrst street
Farm situated in Saratoga. contai ming about one hun
dred and sixytwo acres described in deed OF convey
dated 81 Of September 1885, made by Isaac Taylor
and wife to Madame Jumci.
Farm IN saratoga containing about fifty three acres
and described In deed OF conveyance dated 9th OF
August 1885 msdo by William I. r. Warren and to
Parcel Of land situated on the westerly side Of Circular
street. In Saratoga and described In deed OF convey
anee dated 18th Of September 1851 made by John Hcdg
Part OF farm in Saratoga known a. the sadlsr
farm containing five Of land, and described In
by William L. r. Warren and wife OF the rst part and
William Lord IT, and Charles Siearns OF the second
and described in an ndeninre dated 10Th OF March iss
made between William I. r. Warren aud wife Of the
first part. and Marvin Holden Of the second part also
part OF the same farm containing about ten de-
scrbed In ndenture dated 18th OF March 1876 made
between William I. Warren and wife Of the nrst part
and Ezra HUI OF the second part.
The complaint then goes on to that Eliza B Jumel
died wholly ntestate without having MADE sny win
devise or oeques o. her real ., estate OF
as her nearest kindred and only law four " the
above mentioned paintins In this action, vz:wm Bal
and Louisa Jumei Maddox who were aud are her
nephews and nieccs being the sons and daughters Of
Jumel The said Eliza r. Jumsi died without leaving
any lawful descendant her surviving aud without eav-
ing In life her father or her mother any brother
sister. or any descendant OF deceased brother
sister OF the said Eliza B. Jumc other than the
nephews and two nieces who plant in this action,
and the children or the plaintiffs william Balou Jones
and Louisa Jumel Maddox respectively The said last
named four plaintiffs, since the death OF said Eliza b.
yume have by their indeniurc dated the Goth Of July,
1895 granted and conveyed Nelson Chase one OF the
painns In this action, in fee simple, tenant in
mon with them certain equal undivided shares Of all the
real estate whereof the said Eliza Jumel died posses
sed, 10 which she in any way entitled and the
plaintiffs therefore claim 10 he possessed OF well
the a Ea ams a. s'psp Of Ssr ssS
ject only 70 any such debts obligations liabilities -
she may have incurred in her lifetime
The defendants, John Howard Smith and John Tying
Adams, shortly after the death Of the said Eliza b.
Jumel set up and insisted upon as a valid will Of real
day Of sp ss puponr 70 !. ,Ss a w and
lament OF the said Eliza b. Jume which said paper
reads as follows;-
THE WILL or MADAME JuNEL.
Fsrsf-f order and direct all my just debts and my
funeral expenses TO be paid after my deceasc
can be conveniently done
Ssowd-1 give and devise unto the rector, church
sion a Carmsnsvie in tire Twelfth ward Of the cy Of
New York. piece Of land situate lying and being In
the Twelfth ward OF the city OF New York, bounded
westerly By Tenth avenue and soushery BY one Hundred
and SIXTY street and being $50 feet in front and
20 feet IN depth And give and bequeath 10 the said
thousand dollars to be used and applied by them 10 the
building and erecting the said piece Of land OF
church building and rectoy and for no other purpose
whatsoever.
TAsrd-AIl the rest residue and remaindsr Of my
estate real and personal Of what nature and kind what
queath 70 my executors hereinafter named and The sur
vvor and survivors Of them IN trust ell and dtsposs
o. said real estate 81 public private sals and convert
me same into cash; and until such sale OF sa1ee 70 let
zoe Nd rea estate OF any part thereof and collect and
receive the rents and 70 sell and dpoee Of nd peFson
,sssss ana convert the same into cash. and npcn ths