The New York herald., 1867-04-25
THE GARDINER WILL CASE.

At the Supreme Court in Richmond county, Staten
Island, yesterday morning before Hon. John A. Lott,
Presiding Judge, and Associate Justices H b. Mecalf
Thos. Elliott and Blake Hitler, the Gardiner will case
David 1. Gardiner and another Julia Tyler ct al
was commenced before the jury empannelled for the
trial Tho will the validity OF which s at issue, yields
property the county valued At $780, to the charge
Of Julia G. Tyler widow Of President John Tyler late of
Virginia in view OF the she sustained there during
the war; she being daughter Of the late Juliana Gar
diner testatrix The following the facts far
eicited:-
The main question At issue TO the validity Of the
will OF Mrs. Gardiner the mother Of David l. Gardner,
and Of Mira Tyler It being alleged by Gardner that the
will was procured from Mrs Gardner by undue influence
exercised by M Tyler According 10 the will the bulk
OF the property given 10 Mrs Gardner and lrs Tyler
but the OF IL is given to Mr. Tyler during her life,
subject however TO that being discontinued in
she ndemnided to the extent OF injury done TO her
own property In Virginia
The opened in favor Of the win by Judge
Pierrepont who claimed that the will made by Mrs.
Gardiner the 4th Of October 1864: that after
the making Of the will she died; that she had been
suffering at the time with hernia and bronchitis;
that by the will she left to her son David,
her daughter, Mrs Tyler, and TO her grandson Harry
That she left the income Of the estate TO Mrs Tyler as
she stated in consequence Of her having lost her pro-
perty by the war In Virginia After her.death was TO
go equally to her David and to her daughter That
her son had married David R. Thompsons daughter and
was living on farm, and was not in need; that the
treatment Of this brother David to his sister after her
misfortunes such to finally make the mother
direct him to leave the house to seek place elsowhere
the house situated at Casteton crowded. and
that impossible for them all to be accommodated
as Mrs Tyler was there with seven children and the
Gardiner towards Mrs Tyisrs chdren after they came
there was that Of excessive harshness and that the
mother believed that il his sister Julia was left TO his
tn he u01lA mt N hAY
seeming to manifest hostility toward hcr children and
herself after her return in her msfotunes from the
South That the will was made when she was in her
full faculties clear perception was duly attested, and
that it s valid That at the Supreme Court four judges
| That in The Court Of Appeals Judge Peckham gave
decision favor Of it, and Judge Porter gave deci-
sion against Il sna a 81 he ne Of
this trial before jury issues of TACT The main issue
| is the question Of undue influence
Defendants maintain that there is not SUFFICIENT proof
that the will executed in manner required by law;
that it procured through undue influence exercised
by Mrs. Tyler over her mother that her mother was IN
very feeble and cmaciated state, and easily subjected
control that the will on ts face shows the contrv
Of Mrs Tyler and the arrangements TO vest in her.
self the greater part property, the exclusion Of
her brother David, and also Of Henry Beekman, an
son q nei s @ mae
by her for her mother she has exercised absolute con-
TESTIMONY or DIR. JAMES cLARKK
DR.. James Clarke, called as witness for the Will,
| being sworn said:-I am a physician In Castleton;
Julia Gardiner died tuesday, October 1854; had
known her fifteen years; during that time saw her
ardiners and Mr. Dayons signatures on the wl Mr.
| Dayton MIR. Lott G. Clarke and myself were present
when that will was signed; witnessed i by request OF
sence the witnesses Mr. Dayton sen that will;
this time Mrs Gardiner's mind was perfectly clear;
she was suffering from bronchitis which is an in
iammaiion Of the lining membrane Of the bron-
| chial tubes, accompanied with cough; in
when undue circulation Of blood is induced an
the brain the mind is affected nothing OF that kind
hsrns this is ony an ordinary rupture saw her rst
In her last illness on sunday, the "a OCTOBER ana
found her very weak; saw her next on Monday when
entirely clear; gave her no medicines; saw her the
third time on Tuesday was not sent for remained
my presence; was asked by Mr.. Clark II Mrs Gardiner
competent TO make will, and said yes. and the
was very weak but did not expect her die
she died between tive and six o'clock on the day she
executed the WILL which was on Wednesday, the 9Th
| there is always coughing in bronchitis, and vomiting
| sometimes takes place from nervous sympathy
when she died; was not informed OF this only Judge;
saw her the day before she made tho wall. then on
Before her return from cssE knew she had
hernia then; treated her; before that occasionally
attended herr shc seemed disposed to keep the feet Of
| her having hernia concealed the conccamcnt OF
this does not affect the mInd rupture. unless srangu
lated eneeble the system that Is where the
aperture is CONSTRUCTED; when ! ascertained that she
was in that strauguated condition relieved her; on
Sunday the I'd OF October her coachman came for me-
| saw her in the evening" she was in bed; she was
emaciated and worm her about natural, but
she coughed great deal and most OF her answers were
10 monosy a,Ies asked about her physical heath;
on Monday visited her and she felt desirous
what prescribed for her and hesated aud then told
her IL was soda, ipecacuanha and beiadonna and When
said belladonna she remarked, 81 know now why YOU
didn't want TO tell me' Tuesday found her with
rapid pulse, and almost continual vomiting, and be-
leved her TO be in her last Dess do not recoect any
conversation ut that time between the mother and
| daughter; l do not know who called IN Mr. Dayton;
had but little talk with her religious maters she has
spoken TO me on spirituais and expressed approval
Of that idea Mr. Clarke came in the room and asked me
thought M was " m "a raa@ NV
will the will then read, Mrs Gardiner asserting as
each part read and 1t was signed she assented by
ayng yes: that she said anything else
than yes nodded in to the several portions OF
the w In signing the will II was put on book BY Mr.
Clarke and Mrs Gardiner rested on her left elbow and
signed tn will In a good hand left there at two
O'Clock and returned between Ave and six O'clock after
| she was deceased; have Henry Beekman there
at the house frequently do not know his age; David
| Gardiner not sent for at his mothers illness.
Redirect-when was sent Tor the wlIi was not men
an educated person; bad conversations with her on
spiritualism two or three years before her DEATH
she said think that spiritualism was supported by
the Bihle I did not consider her out Of aer mind
xaminationIth think Mrs. Tyler was the rst
TO speak 70 me about will; think she supported
Ars Gardiner In signing the will, and steadied her on
s sSould,, mss sns Inv. Mas x Gardiner helped %
smooth the paper hand before signing IL herself
/ TESTIMONY RALPH DAYTON.
Ralph DAYTON being called q witness for the
will said II resided In the family OF Mrs Gardiner
at the time Of her death: bad been an
inmate OF her house from the preceding De-
1 oember; I was Q relative Of the family; was
cousin OF Mr. Gardiner's was engaged e . tutor In
the family; have In that profession fifteen years;
all the time since left college, which was In lse0-
Yale College; sincs then have been 10 other employ.
ments was employed there by Mrs. Gardiner; had
been their teacher Catski during the summer OF 1853
Mrs. Tyler not there baA been acquainted with
Ms Gardiner many years; my resdencs was near tnes
that 10 my signature and Mn. Gardeners, ana NJ.
Carkes signatures the will; when she signed y Dr.
Clarke and lawyer Clarke and Mrs Tyler were presen the
servant girl came down 70 me and said hrs Gardiner
wanted mo TO como up and witness the will went IN
and spoke to'M Gardiner, and the lawyer asked her u
that was her last will and testament, and she
said "yes," and st the request Of Mra Gardiner
witnessed her signature that clause winch precedes my
signature was read aloud she heard IL; before Was
summoned knew will was 70 be executed: knew
was to wssas from MrA Tyler; ct the time she exc.
cutcd the Will sho was Of sound mind; her mind was
always vigorous and right: she was cultivated edu-
Gated woman she rather decided In her resolutions
cross examined-I do MOI know her age; heard her