The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-01
TIE GATES WILL CASE.

Three Hundred and Fifty Thousand Dollars
Warth of Property MISUNDERSTANDING
Testimony Before the Surrogate.
Yesterday the examination in this celebrated case
was commenced at Yonkers before Surrogate Mills
William Radford, the first witness called, testified
as follows:-Knew Mr.. Carlton Gates in his llfe-
time; have seen this will before deceased signed ii
in presence of MI. Harrington, Mr. Rose, Mr.. Romer
and myself; Mt. Harrington asked deceased If he I'M
derstood the purport OF the will, and he said he dd;
Mr.. harrington read the viii over 10 him; Mr.. Romer
also read the win witness signed the will IN pre-
sence OF Dr. Gates and at his request; the win was
made on Thursday; on that evening Mr. Romer
called me and asked me to be O witness; at first
refused and told him these things often brought
trouble; first saw this VIII in presence OF Dr. Gates
but on Wednesday had seen another, which Mr..
Romer read in presence OF DR.. Gates and myself;
don't know where that VIII Isl last saw II given to
Mr.. Romer Counsel hero asked that the VIII be
produced. Witness thought 1t was the same, o.
similar paper, except that 1t contained an addition
tie alterations IN the original VIII were
suggested by Or, Gates and Mr.. Romer;
DR.. Gates was very sick when the original viii was
made, and had 10 be bostered up in bed with pillows
when he signed IT. went with Nh. Romer TO sign
the VIII; Mr.. harrington and Mr.. Rose came next;
the will having been signed, 1t was sealed up, but
Mr.. Romer thinking 1t was not dated BROKE the SEAL
dated and resealed III Rev. DR.. Hurlbert minister Of
Reformed Church at ionkers) then came in and aald
as lie had often heard him say before that Mrs.
Gate: had SO ANNOYED the Doctors mind that she
Would have 10 leave. r. -'r 4 - :
Thomas Harrington testified to having known the
deceased and TO having seen him sign the will, Mr.
Radford, Mr.. Rose and Mr.. Romer being
Witnesses Dr. Gates was very III at the time;
on going there the witness met Mr.. Rose, and soon
after DR.. HurlDert came IN; Romer came down ana
asked them up TO DR.. Gates room Dr. Gates sent
his nurse of the aud called DR.. Hurlbert TO
whom he gave KEY, telling him to unlock certain
drawer, where he would find seal; deceased then
examiped the win carefully and affixed The seal: me
tgrttu na hV a yt
asked DR.. Gates II that was his last Will, and ne SAID
| 10 was
| Levi P. Rose gave testimony which was merely
| conarmalory Of that Of the above witness.
| Ann Nesbett sister Of Mrs. DR.. Gates mother or
Known the deceased well. ana thar her home ONE
aud that OF her family had been at his house; That
| after he returned from Europe he went TO Newport
and came back on August l; II was then she noticed
| his strange manner; one day at table he threw
knife at his mother; witness saw re- Oliver in his
| pocket he would allow no one but his mother IN the
| room; he would pinch her ana make her scream;
\ he also pinched me; he once pushed his mother
| down stairs; sometimes he was very kind TO his
| mother and would do anything for her; he treated
| his father no better than lie aid his motber once
heard him say he had been poisoned; witness lett
the house because she was arad returned after he
had died and found Mrs. hurberi, Mrs. Mlgy and Two
servants in possession; Mr.. Hurbert was there; he
said he had charge Of the place; heard drawers anu
doors locked and unlocked; had not access to any
part OF the house except the dining room and Mrs.
Gates room.
Mrs. Martha Gates lady ninety years Old and
mother OF the testator testified that after her sons
return from Europe he was attacked with pleulisy
and was SICK five weeks: noticed great change IN ms
manner; used TO complain about everything; tip MS
coiiee and tea over said the furniture was not rah
several times he brought pail OF water and made me-
stand before him. when he would throw all over me,
ana make me LOOK straight In hts eyes, then sud
denly Jump up and order me 20 90 10 New ork and
never come back again. one Sunday, rs was going
to church, he caleu me and said must send him on
erranda made him go around the house for different
articles; on another occasion he made me give niu
some buttons from my sleeve; on my return fr0u
New YORK with DR.. WOOD, for whom my son hat
sent me, found Dr. HurlAert in the house, aud NJ
said You know you can't stay here, Mrs. Oates;i
called Tor q cup OF tea and he wouldn't give II K
me- witness testified that previous to gong abroad
and while absent he was very KIND TO her.
4 The Will reaumeu this morning.