The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-02
A WILL THAT Is A WILL.

trict-Larso Array Of Contestants and
Lawyers.
One OF the most interesting trials which has occu-
uae thu attention Of the in Westchester county
was commenced At White Plains on Monday before
Justice Gilbert Some years ago William Taylor, for
mcry resident of New York and subsequently OF Rye
Neck, in the town of Rye Westchester county, died.
leaving property valued at upwards OF half million
Of dollars leaving three dsaughters ana one son az
heirs to his estate In addition to these other claim
ants came forward In the persons OF MA Catharine
Pauline Taylor, alias Kate Eiward, and her two
children, as the widow and the offspring OF
tho late Mr. Taylor, who appears 70 have
made no will, or at least none has thus far been
presented at the once OF the Surrogate e. such.
Under these circumstances Of the case Mrs. Mary
Louisa Van Tuy. one OF the married daugh-
ters Of the deceased commenced suit against Otto
T. r. Van Tuy and others for partition Of the pro-
perry, and thereby test the legality OF the claims
made by the person calling herself the widow OF the
deceased William Taylor In her own and her chill
dren's behalf Quite an array OF eminent counsel
arc engaged on both SIDES, - follows:-For Mrs.
Catharinc p. Taylor, alias Edward, Samuel f. Lyon,
John b. Haskin, Abel Crook, Charles II. Human and
John d. McGregor appeared as counsel; and for Mrs.
Van Tuy, Thomas Nelson. WIN. II. Anthem and
The features OF the case being stated to the court
It was decided that the defence should proceed 10
prove the Legitimacy OF the children, alleged 70 be
the offspring OF William Taylor, deceased, and Mrs.
Catharihe Taylor, alias Catnarine Edward.
Samuel e. Lyon, Of New York, opened the case
In behalf OF the children, in doing which he stated
to the jury that the question to be submitted to
them was whether lady now present. and who
had lived with man as his wife for period OF ten
years. q lady who had borne to HIM three children
whether woman thus living with this man as hls
vile was IN law his wife or his concubine; whether
the three children two OF whom survive are his law
fn children bastards? About twelve years ago
no lost his flrst wife, lady by whom he had FIVE chll-
drcn. lie shortly afterwards removed from the city
Of New York to Rye where he continued reside to
the time OF his death. His family consisted at the
time OF lhree daughers ana TWO sons Not long after
brothers by tie name Of Van TuSL. About the same
time MT. Taylor made the acquaintance OF
old, who came to the house as seainstress. she
bad been employed in the family q short time in
New Yoik and went with them to Rye as part Of
their family there. Mr.. Taylor, not living on very
pleasant aud sociabe terms with his daughters,
turned his attention to the young lady referred to
made proposals, which she az first felt constrained
to reject He went to her night after night and
told her that they should consider themselves
as married. that in every respect with the exception
of open recognition before his family, be would
prove as much a husband as II marriage had taken
place. Under these circumstances she received the
embraces or this man, who, IN order to further as
sure her Of his attentions to make her his lawful
wife, told her that sne should desire the ceremo-
MES Of marriage to be performed at the expiration
Of twoyears they should take place The daughters
OF Mr. iaylor, noticing the attention which he paid
one day during the abserce OF Mr.. Taylor to leave
the house abruptly and nee to Fetvle, N. j., where
she was engaged in sewing books and other work.
but after being there about week she wrote to Mr.
Taylor informing him where she was, and he for
Marded her money every week while there, and IN
York. by his appointment, and it was then arranged
that she should return to her former position In The
house at Rye, which she did, and remained there
until she found herself pregnant, when she again
toft and went TO the city, where Mr.. Taylor hired
apartments for her. and after the birth Of the first
q 10 anHf
and in various ways recognized the lady as his wife,
and manifested fathers love and fathers pro-
lection. After keeping house and boarding ut vari-
GUS places with money provided by Mr.. Taylor that
gentleman finally bought house for her at Harlem,
where he continued TO visit her mp TO period within
ten days OF his death. Learned counsel then quoted
q number OF authorities to show that the fact OF
man and woman living together or acknowledging
each as husband and wife, IN reality made them
such, and instances were referred TO on this point
Mrs. Caiharine Taylor was then called " the
stand, when AFR. Nelson and Mr.. Anthem objected to
her testimony on the ground that she was an In
competent witness In the case, as she could not tes-
thy IN her own behalf.
Mr.. Lyon IN response, said that he called her as q
witness on behalf OF her children.
Justice Gilbert overruled the objection and noted
the exception OF MIR. Anthon.
Mrs Catharine Taylor testified as foows:-I 1.-Two
In l24ih street, Harlem, New York; have lived
ouantance OF Mr. Taylor In March, 1855; did not
Know ms HrsG wife; the family were living IN New
York al the time; entered the family az q seam
stress and chamberIuaid; 1 was hired by the
eldest daughter; they lived In New York until
she lat OF Nay OF the year 1855, and removed TO
Rye, Westchester county; / was then seventeen
years; Mr.. taylor soon after that began to pay
marked attentions 10 me; these attentions were
tnued until July or August when he made propo-
sails to me; his lrst and second interviews with
were in the blanket room; the next interview no
had with me was In my own room; he said he
wanted somebody who would be more OF a COM
panon for him than his daughters; he spoke OF mar
rage as Thought, with ,aa view OF Gnqins out my
roh and poor ought not 10 mnge; he replied that he
married his first wife in calico dress, that he did
not care about getting rich wife; he came to my
room six seven tines he said that the ceremonies
OF marriage were not necessary; that marriage
agreement just binding ~ IL IL was performed
by O bishop or ministers alter visiting me in my
room seven or eignt times consented 10 treat him
O. husband; he said that at the expiration OF two
years, Ii 1 should not he satisfied, he would have
the ceremonies Of marriage performed; In Deem
Der OF 1885, or January, 1886, Miss Mary Taylor
asked me TO perform some mental work-to black
her broiner's shoes-which refused to do, and
spoke 10 Mr.. Taylor about IT, and while kr. Taylor
was absent tho next day left and went TO Felt
ytlIe N. j.. where ! went 70 work ut bookwork;
was and expressed regret that had acted on
the impulse Of the moment; did not see Mr. Taylor
again Tor few months: met him again In April or
May at the residence OF Mrs. Wright, In New York,
resolved that should return to his residence in
Rye, and i did so, and Mr.. Taylor again
came 10 my loom and the same relations
were continued until 1 became pregnant,
I'VE in Thirty-sccoud street. New York, where my
1rst child was born: Mr.. Taylor visited me con-
Gtantiy two or three times each week; he desired
20 have the child called Martha; II the child OF
Mr. Taylor was very kind and affectionate and pro-
yided literally for me; was supplied with every
thing wanted.
IA so Dxr,