The New York herald., 1867-04-25

up unassisted Mrs. Gardiner spread the paper on .
spectaces and took them 70 Mrs Gardiner and she put
them on herself: Mr.. Pratt the clergyman Of hrs
Gardiner she attended that church; the will was execu
ted while was there; message brought up that
Mr. Pratt was there and Mrs Tyler asked II she wanted
to see him and she said no; the lawyer and physician
are both Of the same namei do not know that they
Recross examned-The colored girl brought the mes
sage from Mr. Pratt; did not notice her in the room;
have a distinct recollection that she there; the
same one who brought the message up took it back
did not see him st all
The counsel for Mrs. Tyler here rested their
far as relates the proof of the execution OF will
The case for contestants OF the will was opened by
James T. Brady. ESD, in which the facts as given
above enlarged upon The husband Of Mrs. Gardi-
ner, he stated, was killed on board the Princeton on
February 2S 1884, by the bursting Of large gun and his
property at that time fell into the possession Of his wife,
At the time the will was submitted TO Judge Mecaf
probate counsel remarked that testimony OF David
L. Gardiner tended against the validity OF the will and
10 prove the undue influence exercised by Mrs. Tyler
over her mother Mrs Tyler did not deign take the
witness stand and such testimony he called the
attention or the jury to the fact that David l. Gardiner
had lived with his mother from 1851, acting an ad-
vser agent and manager Of her property up 70 the time
tha. his sister Mrs Tyler made her appearance IS
upon the affections OF his wife as to enlist all her
sympathies in avor OF the rebellion and against the
government which her brother defending at the
North 10 was no reason when she compelled TO take
refuge at the North that she should attempt her
arrival here 70 take full possession 80 o. the house where
dinner table, induce her mother to expe the son from
the house. finally 70 direct the win as TO not only
exclude him from any share Of his mothers property
but also OF his brother Alexanders who died in 1851
He frequently called by her black buzzard becaus
Of his Northern procyes M the SUIT 10 o. Plain,m puf
David l. Gardiner Hrts tN m
Mr. Brady then offered the deposition Of William N.
This stated witness draft Of tho will and
submitted It TO Mrs. Gardiner, and then made such
alterations suggested by her The execution Of
The notice to produce the original win of 1858 was
admitted evidence. Counsel for defence stated that
no such paper had been in their possession.
copy Of the same was then read to show that the
wishes OF deceased at that time were materially different
from what Is contained in the one under litigation.
TESTIMONY oP MIRA FRANCES Hoyr
Mrs Frances Hoyt lbeing called and sworn as witness
for contestants, said reside staten Island; my
husbands name is Wm s. Hoyt; knew deceased ever
since her removal TO the island 1852; visited her
often; we exchanged visits constantly; knew David
execution of will in 1865 on the terry going from
Port Richmond; she asked myself and Captain Watson
to come INTO the Captains office and witness the execu
tion OF the will; she said she was we'll satisfied with
having such good witnesses; said hope you have
given the young boy enough, and she said swell
have, but Ihave given David the largest be-
cause he has had charge Of and my business y
TESTIMONY OF REv. cHARLRs II. ROCKWELL.
Rev. Charles H Rockwell being called and sworn for
contestants, said:-I clergyman Of the Reformed
Dutch Church. residing for the last two months in New
York city, and for six1years before In taseton knew
Juiana Gardiner; she spent ten twelve weeks IN my
family year before she died. my wife is her cousin
the children all with her. and Mr. Dayton there
their tutor; when 5he FIRST she in comfort.
able health, and after few weeks she became very
SICK and snpposng would die, sent for David. and
made conditions for the OF her body the doctor
was sent for and she finally permitted an examination,
and was fnany relieved; the coming Of the son
saved her life by the information he gave
when she left she was in o little better health
only she was strong believer in spiritualism; there
good deal Of argument on this subject between US;
she said the mediums told her good manv things that
they could not have learned except intercourse
with the other world that she had received letter from
her deceased son. Alexander like his handwriting
world she sad she received comfort from these revela
and had confidence In them did not her after
she left Catski these conversations occurred several
times protractcd she expressed desire not TO
be altered In this opinion.
Cross. examina,ion--sh argued strongly and clearly;
she Epscopalian, religious woman, but spr-
have found this In common with others. especially
mothers anxious about their sons or friends do not
believe this indication OF OF intellect and
ifts it Is pretty bright sort Of monomania or dircc-
tion Of mind.
TESTIMONY OF DAVID l. GARDINER.
David L. Gardiner, being called and sworn for contest
ants, i'd plaintiff IN this case; my father was
sisters aud brother; am the Oldest; then
Alexander, Julia and the others; at the time o.
the death OF my father lived in New YORK city, 43 La
fayete place. all the family resided together; TO tha
time all members of the family perfectly kind Il
each other Alexander died in 1851 my sister Julia
ricd President Tyler in June lS44 and he died January
IL 1852; Alexander never married. think nc did
make will when no died In California, engaged
IN trading and mining in Sacramento and San DIEGO;
had been educated for the bar but practiced
arrived in New York IN June, 1851; then my sstel
Julia resided In Virginia with Mr. Tyler, Sherwood
Forest, tho James River: had visited there fre.
quently; my last visit there $780, this property
consisted OF plantation thirty forty miles from Rich
mond; have been told by Mr. Tyler, that the p!anta-
tion consisted Of thousand five hundred acres and
raised corn, wheat and oats; the house was q
good one; two stories and attic, had hall In the
centre each side, extensions, also and Kitchen
&C on the ground floor; think Mr. Tyler owned prop
in Kentucky and other lands in Virginia; have
spoken 20 Mrs. Tyler about it, my father at the time Of
his decease, left property that sold for So O00
and deposited the money in bank 10 my account; ne
also had property on Long Island and In New York. my
mother owned property in Chatham and Oliver streets
and Harrison and Greenwich streets; the COM
bned value OF the property was about $l6OO0O
or $4,000; the value OF the property at the
date OF will probably 90 000 when came
back from California in 1851 | boarded In New York
until bought the homestead IN 1882 negotiated the
purchase; sne went there live the AAme spring:
commenced Immediately TO manage her affairs and
tinued TO do until in 1854 received letter February
TO- 1854 beng letter from Julia Gardiner requ uesting
witness seek other placel at that time Dayton
Beekman three servants and Mrs Gardiner lived the
house. there also a coored boy therc before this
she had said nothing on this subject or about the
crowded state Of the family while ! there
had the general supervision of AFFAIRS household and
property, In the city OF New York and here;
Chatham square taken by the corporation; there
were mortgages some OF the property; paid the
interest these; purchased my farm at Northned In
1885, my mother mover made advances OF money 70 me
to pay for it she made any claims me
had any dispute with her matters Of monye owned,
Also vacant lot Fourteenth street, one cent u
my money came from mother In any way; iurnlsh-
ed OF the products Of my farm into the house, my
estate indebted for services and there
final settlement between and nv mother
Al SIX o'co ock p. NJ the court adjourned, to meet
again II half past eight O'Clock this morning.