The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-05-22
The Gardiner Will Case

At the Supreme Court in Richmond county, Staten
Island New York, on the oath ult. before Hon. Johr
A. Lott presiding judge, and associate justices II. B
Metcaf Thomas Elliott and Blake Hitler the Gardi
ner will case-David L. Gardiner and another julia
&. Tyler ct al.-was commenced before the jury i'm
paneed for the trial The will, the validity Of which
is at ISSUE yields property in the county valued at
$780, 600 to the charge Of Julia G. Tyler, widow OF
President John Tyler late of Virginia. in view Of the
losses she sustained there during the war, she being
the daughter of the late Juliana Gardiner te8tatrix
The following the facts SO far as elected:
The main question at issue is as to the validity of
the will of Mrs Gardiner, the mother of David L. Gar
diner and of Mrs Tyler, it being alleged by Gardiner
that the will procured from Mrs Gardiner by I'M
due influence exercised by Mrs. Tyler According to
the will the bulk of the property is given to Mrs Gar
diner and Mrs. Tyler but the of is given to Mrs
Tyler during her life, subject, however, to that use
being discontinued in case she is Unidentified to the
extent of injury done to her property Virginia
The opened in favor OF the will by Judge
Pierrepont, who claimed that the will made by
Mrs Gardiner, the 4th of October, 1854 that soon
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 David her daugh
ter, Mrs Tyler, and to her grandson, Harry Beckman
the estate they being the only heirs law That she
left the income of the estate to Mrs. Tyler as she
stated in consequence of her having lost her property
by the war in Virginia After her death it was to 60
had married David r. Thompsou's daughter and was
living farm, and was not in need that the treat
mcnt by this brother David OF his sister after her mis-
fortunes, was such to finally make the mother d.
rect him to leave the house to seek plce elseHhcre
that the house situated at CIstet0n crowded. and
that it was impossible for them all to be acconmoda-
ted, Mrs. Tyler there with children and
the house small that the conduct Of David Gar
diner towards Mrs. Tylers children after they came
there was that OF excessive hardness and that the
mother believed that if his sister Julia left to his
care in any way he would not provil. for her, seem
ing to manifest hostility towards her children and her.
self after her return in her misorunes from tie South
That the will made when she was in her full
faculties clear PERCEPTION duly atesed, and that
it is valid That at the Supreme Court four Judges af
frmed it, the surrogate having refused to admit it.
That in the court of appeals Judge Peckam gave deci
sion in favor Of it, and Judge Porter gave decision
against it, and mai GRITTY Of the decided with
Judge Peckam which has caused the necessity of this
trial before jury issues of fact The main issue
is the question of undue influence
Defendants maintain that there is not sufficient
proof that the will executed in required
by law; that it procured through undue influence
exercised by Mrs Tyler Ter mother; that her
mother was in very feeble and emaciated state, and
easily subjected to control that the will its face
shows the continuance of Mrs. Tyler and the arrange
ments to vest in herself the greater part of the prop
ery to the exclusion Of her brother, David and also
of Henry Beckman infant of her sister, who is
not represented in this trial by her council and over
whom, through the will made by her for her mother
she has exercised absolute control.
Is J. Wilkes BooTH ALIVE OR DEAD?-We find
he following suggestive letter il the Galveston News
# the 7th inst:
GALVESTON, TEXAS, May s, 867.
Editors Neeos Wishing to occupy little of you
faluabe space as possible, shall lin compliance with
lie particular request of several individually refer
briefly to the following facts and respectful request
publication of them in your columns for the benefit
Of those interested in the matter:
Lieut. William Martin Tobert of Shenandoah no
orety," and the who rendered himself so con- |
spcuous by his connection with the privaeer Chicxa
manga, was by chance personally known to me during
he war So far as cunning and bravery are con-
ecrned, do not believe he had match in the Con-
tderate navy but on two or three occasions he is
known to have abused his authority and gone step
TOO far il tie matter of making seizures upon the
high seas which gained him the very unenvable rep
ltation of pirate.
At the close Of the war he disappeared from the |
country and lost sight of for some time till re-
Gently he has turned up in command of large ship
out in East Indian waters called the Bird Of the Ocean,
md has brought himself more prominently into
notice than before, by simply having lain wager
If thousand five hundred dollars upon the fact of
]. Wilkes Booth being in ezstence-and won the |
money.
This question, which has been fearfully agitated
ince the in certain sections of the United States
las not yet been satisfactorily settled then it would
een, after the lapse of two years viii some person |
e kind enough to unravel the mystery which cngs to
'ooth and explain how the stake at issue in Calcutta
vas decided to belong to Capt Tolbert2
Most respectfully, your obedient servant, |
JOSEPH F. MASTERS
late Eantain II 6 \ !