New-York tribune., 1867-04-29
THE TYLER-GARDINER WILL CASE


This famous will case in which Mrs. Tyler, the
widow OF President OF the United States Ia OF the
persons directly concerned is receiving new trial
In the Supreme Court held before Judge Lott and Assoc
ate Justices and Jury. at Richmond Staten Island.
The late Mrs Juliana Gardiner made the will in ques
ton in 1884, while suffering from i'll health, and attended
by her daughter Mrs Tyler She left the bulk OF her
property valued at $4,000 to her daughter and her son.
David L. Gardiner but the daughter was 10 nave the en-
bis portion after her DEATH she was subject however
that beng discontinued should she be indemnied TO
erty in Virginia. loft her by President Tyler The main
question at issue In the case Is al 70 the validity or the
his sister Mrs Tyler procured the will from Mrs Gard
by undue influence Twice the case has been legally
co% Of RSpes when the rs in Of Mrs
Tyers holding the property was set aside majority
taken Wednesday Thursday and Friday OF last week
went to prove tho unpleasant relations existing between
Mr. Gardiner aud Mrs Tyler while they were living at
their mothers house. caused partly account OF her
Southern feelings and sentnents she having come there
called selah Johnson colored servant Of Mrs Ty-
e who essd in regard TO dSss ,a %
kept in her much OF the time before her death; Mr
nothing to say to each other saw him on one occasion
put her son, Acck Tyler out OF the dlnngroomi ne
difficulty with Larry another OF the Tyler boys after
that occurred Mrs Tyler said that either she or Mr. Gar
diner would hayo to leave the housethat she could not
stand his trcamen in three or four weeks he left the
house; heard M Gardiner interfere with his children for
then to OF his children. Come away you have
learned badness enough now" Mrs Gardiner said,
ssDnot coms 10 ss me in New she thought he
might have visited her then IL he did not want 70
the witness testified that she heard Mr. Gardiner
call tho children any names or they him. he spoke cross
buzzsrd." Lincoln hreling;" tproylous witnesses
testified that these terms used toward Mr. Card
I n. that she hoped DAVID would Be at satised with t.
as he had comfortable farm and that he was In debt to
A duotm ms Ia nv I'll m
miss d"s Tyler testified Ia relation to tho difficulties
Gardner She sas ns SnS With hm we sns her.
mother I wss g,.s n Ssrss ss saw cigar on the cigar
Sat Il back she had SMOKE lew whs Vl ~, soEe ana
her uncle David asked who hsd sucked his cigar; she
cigars and he took tho cigar and mot e s%Gss
her and down her throat she used songs shs
Dress - she thought they were good songs.
the children say anything against Uncle David; every
| thing he has sworn TO the contrary is false:
Mrs Tyler gave testimony at length. She detailed the
amount Of property which her late husband President
Tyler left her In Virginia his residence then was called
Sherwood Forest !" bis whole estate then was worth
account OF his debts which amount 10 800 $4,000
the Northern army came tho war destroyed or reduced
the value Of the whole estate except the land During
was read The witness gave an account of the trvss
between her aud her brother while living at her mothers
CURED soon after her there vrsnis
and told her 10 make haste and come stairs she
saw her brother holding her son down and choking him
they all entrested him 20 desist and he arose
crimson and his eyes bloodshot when he got mp;
her brother called out 20 her. IL you do teach your
children better will teach them for you" She
and her children afterward took their meals In sopa
from her brother nnd his family she rcmem-
bered the with Loney, her her brother
In the dining when LOney passed into the sit
tngrOOm where her brother and left the door
her brother called TO him to shut the door he went back
him not 10 when he rushed a the boy and seized him
by the throat she Mrs Tyler sprang toward her bro
ther when he struck her with both hands both sdes OF
the head the immediate effect 20 plenty OF etare
her brother held her by and with the other crap
Piled him by the neck, and they struggled toward the
door; her mother came In and screamed "murder muir
der she witness said TO him, "Sop, David and will
you" dessted and said love me her mother
much affected she spoke 10 her In regard 10 his
In the house occasion she said: l wish DAVID
would go away and live on his farm" Loney asked:
Why don't you send him away g. she said: "becaise
he Is child - she then talked with her wtness about
his leaving he took his things away before his mothers
DEATH and witness never him there afterward.
had exercised any influence her mothers mind.
held any conversations with her in regard 10 IT, Being
crossquesti0ned, Mrs. Tyler answered.: Mr.. Gardiner
wrote letter TO ExPresldent Tyler about the time the
read II but did not take offense al it she may have
written letter TO Mrs Davidson the subject had
recollection that she did, she had other letters written
to her by her mother except those she had she
OF the estate; that letter the Of tho
arrangement she heard of her brother being
called "hack buzzard" "Lincon's hrelfng;" there
little Secesh flag the Christmas ree she did not
she kept portrait OF Morgan the Rebel guerrilla Mys
Tyler the last witness examined on satur Iy. The
trial OF the case win be continued this week
----