The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-04-25
THE GARDINER WILL CASE.
The validity OF n WIN Granting the In
come Of sIsO,OOO OF Real Estate to the
Widow OF the Late President John
TYler-ArRuments,T Testimony, Etc.

AT the Supreme Court, in Richmond county,
Staten Island, yesterday morning, before Hon.
John A. Lott, Presiding Judge, and Associate
Justices III. B, Metcalt Thomas Elliott, and
blake Hlliier, the Gardiner will case-David l..
Gardiner and another VS.. Julia q. Tyler ct al
was commenced before the jury empannelled
Tor the trial: The will, the va idity OF wnichis
ut S1SO,0O0, to the charge of Julia q. Tyler,
widow Of President John Tyler, late of Vir-
ginia, in view Of the losses she sustained there
during the war, she being a daughter of the late
Juliana Gardiner, testatrix, The following are
the facts as so far elicited:-
The main question at issue is as to the vail
dity of the will of Mrs. Gardiner, the mother of
David l.. Gardiner and OF Mrs. Tyler, it being
alleged by Gardiner that the will was procured
from Mrs. Gardner by undue influence eXer-
cised by Mrs, Tyler. According to the viii the
bulk OF the property is given to Mrs. Gardiner
and Mrs. Tyler, but the use of 1t is given to Mrs
Tyler during her life, subject however, TO that
fed to the extent Of injury done to her own
property in Virginia.
The case was opened in favor Of the will by
Judge PieTTepOnt, who claimed that the Will
was made by Mrs. Gardiner on the 4th OF Octo-
Der, 1864; that soon after the making of the will
she died; that she had been sunerlug 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 Beck
man, the estate, they being the only heirs
at law. That she left the income of the estate
to Mis- Tyler, as she stated, in consequence
OF her having lost her property by the war
in Virginia. After her death twas to go equally
to her son David and to her daughter That
her son had married David II. rhompson's
daughter and was living farm, and was
not in need; that the treatment by this bro
ther David of hls sister after her misfortunes
was such as to finally make the mother direct
him TO leave the house to seek place else
where; that the house situated at Castleton
was crowded, and that it was impossible for
them all 10 be accommodated, as Mrs. Tyler
was there with seven children, and the house
was small; that the conduct of David Gardiner
towards Mrs. Tyler's children after they came
there was that of excessive harShness: and
that the mother believed that if his sister Julia
was lett to his care In any way he would not
provide for her, seeming 10 manifest hostility
towards her children and herself after
South. That the will was made when she was
in her full faculties, clear perception was duly
altesteu, and that 1t is valid. That at the Su-
pTeme Court four judges affirmed it, the Surro-
gate having refused to admit IL, That in the
Court of Appeals Judge Peckham gave a deci-
sion in favor Of it, aud Judge Porter gave II
decision against it, and majority of the Court
decided with Judge Peckham. which has
on iss des "f fact. The main issue is the ques
ton OF undue influence.
ficient proof that the will was executed in q
manner required by law; that it was procured
Tyler over her mother; that her mother was IN
a very feeble and emaciated state. and easily
shows the contrivance OF Mrs. Tyler and the
arrangements to vest in herself the greater part
of the property, to the exclusion OF her brother,
David, and also of Henry Beekman, an infant
sou of her sister, who is not represented on this
trial by her counsel, and over whom through
the will made by her for her mother, she has
exercised absolute control.
TESTIMONY MRS. FRANCES HoYT.
Mrs. Frances Hoyr. being called and sworn wit
eS' mS hUsbands name is William s. Hoyi; Knew de!
ceased ever since her removal TO the island Ia iS52
knew David; visited the house very little after
eTTyboat going from Port Richmond she asked
myself and Gapai1 Watson to come into the Captains
she was we'll satisfied with having such good wit
S?d ID she 5SPs asHe SS9 t@s
gwen Dayid the largest share, because he has had
TESTIMONY OF REV. CHARLES H. ROCKWELL.
Rev. Charles H. Rockwell being allied aud sworn
for contestants. said-I am a clergyman of the Re
in New York city, and for six years before in
tweve Weeks in my family Year before she ded my az
wife is her cousin; the children all with her.
iiTsi came She was in comfortable health and afIer a
few Sgs eeSs & she @ e T sf ana 6
for the removal of her body; the doctor was sent
ISa was "'h finally relieved; the Coming Of the SON
saved her lte by the Information he gave; when she
strong believei IN sprtpaiism there was good deal
MEDIUMS told her good many things that they coud
not have learned except from Intercourse with the
deceased son. Alexander ike his handwriting that
world she said she received comfort from these reve
lations, and had confidence in them did not see
Cured several tin es and were prGtracted she ex
argued strongl and clearly
| she WAS an Episcopalian, a religious woman. but
ons found this in With others
ciaIIy mothers anxious about their friends; 1
teect and ikis. It Is pretty bright sort Of mono
mania or direction Of mind.
TESTIMONY OF DAVID L. GARDINER.
David L. Gardiner. being called and sworn for con-
s@fb d. Lar am m In1T 5Hi n hs his GSss my father
family were two sisters and brother; am the old
EST: then came Alexander Julia and the others: at
the time of the death ol my father we lived in New
York CITY, No. 4S Lafayette place; all the family
sided together up to that time ali the members of the
apnilv
President Tyler in June, 1874, and lie died January
| II, 1862 Alexander never married. think he did not
gagged in trading and mining in sacramento and san
Diego; had been educated Tor the bar, but never
my sister Julia resided in Virginia with Mr. Tyler, at
1 SR & tee ys vs 5s IN aa sS @
property consisted OF q plantation thirty or forty
MreS MI. Tyler that the plantation consisted Of
one thousand five hundred acres, and raised
one; two stories and an attic, had nall in the
centTe rooms on each side, eXtenst lns, also. and
6wSed property in Rentucky and other lands in Vr-
gnia have spoken TO Mrs, Tyler aboutiJ; my father,
sold Tor S5OOO and deposited the money In bank to
my account he also @ had property on Long Island
Chatham and oliver streets and Harrison and
WAS ABOUT soo or sO the OF value in
ot the property at the date OF the last will was
RT9SaO RnSSIa IN 1851 boarded in New ' York o unt H
bought the homestead IN 1882 | negotiated the
commenced Immediately TO manage her affairs, and
continued so 10 do until In 1884, received letter
REQUESTING witness seek other paceG al mat
time Dayton Beekman, three servants, and Mrs.
hoy there before this she had said nothing on this
subject or about the crowded state of the
supervision Of # affairs, household, and property,
es ea collected her rents the rea essta On Sba
ham square was taken by the corporation; th ere