New-York tribune., 1868-04-04
REMARKABLE WILLS.

emily and truthfuly in the making OF his last VIII ana
testament Then, IL ever the real motives Whch nave
controlled his actions discovered ana nc emb0des IN
document which is not to reach the light OF the worlds
searching eye until he shall become wholly Indifferent to
It's verdict the real feelings and desires OF his heart He
has then no ends 10 gain no schemes TO further future
% influence and in the act which commits his spirit to
the God who gave t. he for onco uncOvers the hlmy
suze of dissmuation which has long disguised his
actions and deals frankly with those who 10 succeed
the establishment Of the Court Of Words by Henry the
Eighth, IL almost necessity TO make the Crown one
of the principal deyisees In testament 10 insure JUS
execution Persons dying intestatc before uuS time
could only dispose df they left wife ana chIdteig,
was indeed modicmn, while the realty either fell
prey TO the avarce OF the Crown or 0tscehueH ny C
tablished rules Of prmOgenlture through rapidly la.
sing lne finally escheat TO some future sovereign III
he died inteaie tho king as parens Td0 took all the
personal estate Under the liberal language Of stat
Of Wills however, and It's Interpretation Dy the yu
oary the utmost scope conceded TO tesaors in
the disposition Of their property and to this extreme
freedom due, perhaps the excessive amount OF tlGa
ton which has resulted IN our day from me probate o
formed OF the carly customs OF Manhattan lSlahd tnl 70
TO be obtained from the wills OF its first settlers many %
which preserved on our records what more eertui @
information can We have OF the pamcy o nro3opt I
books aud The consequent Xaue OF a t I t balfa
than the following short will bearing dae less lhah na
century ater the is ,etueneht @ ] on ' % 10 .et ipr in
order being weak IN body bit hst y Pef P Ps" ~ ~ rs m 2 my cb &
aud syhe Bible his daughter Martha, aud booEe Of M
s6 Sterling ap to daughter Elizabeth DO equeah to her
sterling S9 = 8 Dee b Piq e SF sm ~ his oSn Nhsb came FROM
slngsi and leave daughter Sarah Curss
No doubt this was weltO-do man Of those days who
his hay on both sides Of Walst Many Of these early
wills translated from the Dutch manuscript ana IN
scrbed IN bold round hand on the records. With the
exception Of tie early grant Trinity Church, which
very large portion Of the lower part or the CITY
back through long line Of vendors 10 these musty old
wills whose preservation is the fountain oi 'her secuiJ
THE PARISH WILL CASE.
One of the most important aud interesting will cases
ever decided in this country both on account OF the
points Of law settled and the circumstances accompany
ing its litigation, that which confirmed the Will OF
Henry Parish. wealthy, intelligent, ana respectable
Ce is@9 MF PSrish then a. Years Old and doing
large and increasing business as dry goods merchant
rs society but of moderate means aged "a years with
whom for q years he lived life Of the utmost harmony
amiCabe nature, and compatibility Of taste aud tempera
ment seemed particularly to favor the affection and
marriage they resided at the house OF Mrs. Deateld
lady OF respectablBty and refinement, and the
years, nG"'U however, S'S they removed to house
IN Barcayst at that time desirable as location 10 IDr
where they until ls4s, when the increasing tide
wholesale houses that Mr. Parish selected site on Union
square, aud erected, at "A cost Of $1,000 fine mansion
where he passed the remnant OF his life In september
1912, after consultations with his counsel
Charles g. Havcns esq Of this city, Mr. Parish resolved
at about 100000 and accordingly executed instrument
the main provisions OF which were as follows; To ms
dwelling iS house 90" at Barcayst., store on Finest
furniture, wines silver &c. valued & at SyGoGY SplgioY
tho Of his brother Daniel, real estate valued
at $4,000. To another namesake, the son OF former
partner, real estate valued at IS Oo To his two sisters
NJ sherman $4,000 each To an aunt of his wife, an
annuity valued ut 5000. TO each OF his five executors
1cen he wiIIed $4,000 to each of his brothers
cousin two broherSinaT, one sister and three sisters
fpla Of his wifi XNn lacfb
s2OOo Thus having disposed Of s696OOO OF bis estate
be gave the rest TO ms Two Df9taeri James anu Da
the will, then his only heirs ataw, and continued
so up 10 ne G U S @ ee % sio nv st Sven M
years subsequent 70 the making OF this WILL Mr. Parish
while transaciing some business in Was suddenly
stricken down Iy an apopectic 1T which DESTROYED his
powers Of speech and reduced him TO state so closely
contest which followed the proer Of his win for probate,
the abest counsel then at the ear to decide Nv whether ne
survived the event seven years his general bodily health
restored and his appetite for food remained unm-
TO read write distinguish one letter or figure from
never uttered an ntelgibe word, he manifested the
lveest interest in his business affairs, dictated invest
supervised and Corrected his check books and other
counts daily listened to the newspapers
few signs and sounds which he made Forty days after
men which we have already described length which
attested by no less distinguished person than
that this codci should not he aside for any
that about four months afervard during an interval OF
unusual intelligence, rcGxecuted with the for
Inates. Under the provisions Of this DEVISE Mrs.
Parish was to receive the mansion IN lot
onal furniture paintings, silver &C. incident 10 thef
property remained unchanged until September,
1853, when he again reiterated the deyises
already mentioned to Mrs Parish with the important
Codcl also gave to the American Bible society the New
each and 70 the New,York Eye intTmary S2ooo9'
and also revoked the appontment Of his brother Daqie
executor but did not revoke that portion making him
Son devisee with his brother James OF the resdualy es
tate In less than year however, by third aud last
81 hs esta 10 his wife Three wears after the last coc
died. and four days after his death Joseph Deahed
ments have described the last viii and testament
Of Henry Parish merchant mt Ie admission 9t thefs & m
the sisters who denied the validity both Of the original
cation by subsequent changes in the esateand the latter
being obtained by the widow through fraud and undae
influence Seconds the brothers who, desiring 10 retain
the original WILL the resduary clause OF which had
umed the Importance OF large estate by the subsequent
feat cOdcs which this estate TO the widow joined
with the sisters IN declaring the latter 10 nave been Oh
taned through artihce and undue influence from man
whom they alleged TO be so far reduced by the apopecc
Sitaok a. ~ 80 gT % M t 8, " b's G cS 0 ved
the pTotracted examination OF very large number OF wit
among whom some OF the most distinguished
members OF the medical profession in city who were
called upon 10 define the exact position OF the testaoH5
subsequent to his paralysis The daily habits and acts Of
Parish were exposed judicial notice with the most
Gle old age with ali its unpleasant accOmpaninents
were construed according 10 the interest Of the
respective claimants TO imply Or dispfove . shat
tered mental condition. re9ly two years after
the will offered the late Alexander W.
Bradford then Surrogate for this county gave very
lengthy and able opinion, in which he favored the
admission Of the will and first codic 10 probate reject
ing the last two codcs imperative by Of the
ncapacty OF the testator at the time OF their execution
Appeals taken by the executor and Mrs Parish to
the Supreme Court, who in the following year unan
mously affirmed the decision Of the Surrogate, and from
thence TO the Court Of Appeals where was argued in
January, ls6 aud reaTgument ordered for the follow.