The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-14
THE vAEDshviEa WILL CASE.
Decision by the Characteristic Decides the
VIII Valid.

Chancellor ZaDrskie, sitting as Surrogate General
In the Prerogalive Court a. Trenton, yester-
day pronounced his opinion in tnis long.
contested and interesting case largo
number OF the most prominent LAWYERS
OF the state were present and much interest was
manifested TO hear the Chancellor's decree. Dr.
Henry NanderSeer was man OF ninety years OF
age aud resided on his estate, called yanders,aa.
near somervillc. In his last Will and testament,
which was framed about three years prior TO his
death. he Dequeathed all his property-yalued
at S3OO,0so-to the Rev. Dr. Cornell IN trust
to spend all It's income at his discretion In Improving
mis- fvanderveers family estate with power to EN-.
ploy whomsoever he might choose TO aid him, and TO
paw tie balance to one OF tne testator's nephews
during has life. II this nephew left issue surviving
him tue estate was 10 20 to them; II not
then IL went In fee to the trustees son,
FREDERICK. Inc Will was disputed on the
ground OF fraud on the part OF the trustee,
III. cornell, aud tne dr8ugnt3inan or the Will VINO
was FREDERICK, partner IN business. II was con-
tended that at the lime the instrument In question
was executed the testator was or unsouud mind, In
sddllon W being blind ana deaf. and consequently
unable 10 devise comprehend the conditions OF be
WI, which immediately went into the hands OF DIR.
Cornell and remained his possession TIL after the
testators death. Alter reviewing ana commenting
on the yoluminous testimony taken IN the case the
chancellor considered there was abundance of proof
OF the capacity Of Mr. Vanderveer before and sfler
the execution OF the wiz. lie lived three Years after
,he instrument was framed The Chancellor thought
the will, but 1t was clear that he was NOS
deal. The Chancellor also maintained that there
was no proof Of an undue exercise OF Influence over
MIN by Or. Cornell. Where a testator Ia blind he
must KNOW tue contents of will before II u signed
rms WIN was read over Ia the testators presence
ne was man OF education and intelligence and a
physician by profession. He inherited one part of
the estate from MS father ana the rest ne
from ms uncle he always manifested q wish TO
preserve It IN his blood and fanny, TO keep
IT IN the Vanderveer name, yet this will leaves All
the estate 70 Dr.. Cornell during his iife Mr. Van.
derveer died bachelor. His family servants for
merry nus slaves, were provided for in other willis
put not IN ,his. 1t IS exceedingly diflcut though
not impossibe, 10 believe be made tho provisions
SET lorth IN the Will large proportion or the wit
nesses are al undisputed character Dr. Cornell Is a
man oil good reputation He Is the son of Clergyman
and his brother and brotherin-aw are clerqymen
pure and elevated character Ia thus Ruarsnieed TO
him by hts family. Yet II the will Is rejected the
veracity and character OF Dr. Cornell ana White are
compromised. After descanting on the probabilities
and possibilities OF the nature of the testimony
the Chancellor said he did not feel At liberty
70 disregard the evidence OF Cornell and
WHITE. Fraud shQuld moi 10 infsrrsd bacauss