The New York herald., 1867-08-19

sr ysAs donations 10 the exiers Of nearly ESQ ooc
BE stranger in blood 10 hsr he rs attended ner
professionally in 1882 and not shown up TO the time
OF the will 10 have rendered her any scr vcs he
yond ordinary medical sdvice or TO have lo any other
relation TO her than that Of medical adv,er In after
years he added 10 his medical advice thu trouble OF re-
ceIving the dividends and pay ing them her
hat were her sentiments regarding person thus cir
cumtanced and what the che and extent OF
the influence he exercised over her9 She said thai Mr.
Samuel smith, being the doc'or's brother, she was
Obliged to admit him, and that If he had not been she
would have shut the door agsinst him. Dr. Smith Wis
ied her once fortnight, end she said they always
managed all their affairs hen he came down. that was
the work Zen carried on If Mrs Cook may be be-
eved its nature may be surmsed She often told me
that at one stage of the work the doctor required large
SIMS OF money 70 carry il on" When she dismissed
Mrs Tebbitt she said al persuaded by my friends
to shut the door against your Who were those friends?
II is difficult TO suppose that Dr. Smith not of
them think il therefore probable that the selection
o. Mr. Samuel Smith to live with her, and in the rup
ture with her relations and in the expenditure OF her
money, Dr. Smith had considerable influence over her.
On what was this influence founded? He first at
tended her in what he describes low fever, with
Tnwaytes' DEATH II was this illness TO which she so
often referred as the period when she born anew
and was blind And 10 this no doubt she also referred
in the following statement, repeated by very trust
worthy witness named Gardener :'She said that God
was her Father that she brought into the work in
connection with Dr. Smith, and that they were TO carry
out the purposes Of God that they together
formed the Trinity, and that from the time
that that God God had communicated this to her she
had been In direct communication with Him.
Indeed, her position in relation Dr. Smith il rested
on no mystical religious association, betrayed great
weakness and lavish indifference 10 money. Such
the conclusions which the evidence stands makes
manifest But ha' the Court full picture Of Mrs.
meanor and conduct it showed itself TO those among
whom she lived ard they not many, were freely
and fully placed before the Court the list OF her exrava
gances would not be augmented This IL most
mentous question. 1t lies at the root OF the defendants
contention that IN ordinary life she prudent aud
conducted herself like other people, and yet unlor-
PROVISIONS
such as TO mako this question q hard one to
answer For , the will gives large legacies rang.
ing from $4,000 10 E15,00o to almost every ndi-
v'duaI, man or woman in whose society the testatrix
moved, or who could be said socially to know anything
the channels Of evidence and narrow the memories OF
witnesses can hardly be doubted. recollection 10 be
orous, indeed If go TO the full length of the truth
IL Is ft to bring these remarks close The conclu-
sions OF the court as TO the validity OF this will must
have been made already apparent. ] think II cannot
stand. cannot reconcile the proved halucinaons of
the testarx in the matter Of religion with the action OF
sound and healthy mind the one hand and on the
other find them 10 be just such a diseased mind is
known TO engender can find no excuse explana-
on in her temperament general character for her alb
surdIes on this special subject. When turn from this
subject to her general conduct and demeanor find the
sources Of information narrowed and diverted by the
dispositions Of the will But with such light have
ind clear traces OF insane suspicious at time and
insane aversons at another. large fortune i'll hus.
erred on those about her though strangers in blood
secluded life and submission to the will OF another
apparently founded on the special subject OF her hauc
nation, for which the external and visible relations OF the
parties can hardly account; life with such features
is not calculated to rebut the conclusions to be drawn
from her proved delusions the subject OF religion
II was decided in the OF Sutton vs. Sad,er g Com
Bench, s. S that before will could be pronounced
vad the Court or jury must be able review Of the
whole evidence to declare itself satisfied that the testa
tor was OF sound mind memory and und deratanding
the time OF its execution. The Court is not satisfied
IN this case and must pronounce against his will II
mains 10 be pointed out that the conclusion which the
Court has thus arrived of Mrs. Thwaytes general inca
pacity throws many considerations shade which
would otherwise have occupied prominent place in it's
deliberations. If Mira Thwaytes had been esteemed
capable OF making will at ALL grave question would
have arisen wne her that capacity would have sup
ported will 80 made and with such dispositions the
Will here IN question. The law has ever been watchful
and Jealous OF wills made under religious influences and
especially when those influences connect themselves
with any individual who is the object OF the tesiaors
bounty Before this will therefore, could have been
the relations Of Dr. Smith with testatrix
must have been further scrutinized and explained and
the Court satisfied that in making him and bis brother
residuary leRaiees 70 the amount 10 computed Of
fs0oo the tesairx acting freely under the pres
sure OF no imaginary duty paramount obligation
influence Of no delusion DR.. Smiths spiritual
being and the guidance Of base,ess religious dream
The resut s that tho Court pronouuces against the will
mako no order to costs To decree them out of the
estate would be 70 make the defendant pay them