The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-20
THE GATES WILL CASE.

tors Sanky-The Case Again Adjourned.
Additional testimony for the defence, touching the
validity of the will OF Carleton Gates, late OF
Yonkers, was developed before Surrogate Mills, af
White Plains Westchester county, yesterday. DR..
Amos w. Gates father Of the deceased, was re-
called ana cross-examined by counsel for the iega-
tees. BY the testimony OF this witness was shown
that harmony and anectionare feelings had not been
characteristics OF his domestic circle; that his son.
during life, had, by adroit management, made
use OF his mother In order to accomplish
his ends in securing the property mentioned in
the viii. Through her ne managed to obtain trust
deed OF the estate at YOnkers from the witness to
Mrs. Nesbit, and this was done by system OF "wor
ryng,' which lasted through months. In 1850 Mrs.
Nesbt transferred the trust named to the deceased
and the latter became the trustee To question
put by counsel witness said That ne consented TO
the transfer. Mrs. Gates mother of deceased, was
to have the benefit OF the trust while living and at
her death 1t was 10 revert to the heirs OF the
deceased. 1t appears the witness did not take any
steps to have the trust removed from the testator
who retained the same up to the time Of his
death. The property alluded to was at this
time worth about $4,000. In addition to her
life interest in the trust witness gave Mrs. Gates
$4,000 per annum which annuity was regularly paid
Subsequently the witness gave her $4,000 IN bank
Stock lieu OF the yearly stipend, said stock yield
two years witness had not paid an extra sum OF
81. 900 per annum to Mrs. Gates, as MS son was in
the habit Of spending it, Besides the sums men
toned above Mrs. Gates had an interest IN nearly
$50, 900 In stock. Witness, in answer TO COUNSEL
thought he had given his son more money than was
for his benefit and when he did not see at to give
deceased money Mrs. Gates would. THIS state of
things, 1t was evident, caused an estrange
ment between the witness and Mrs. Gates
Ms he acknowledged the same q reason why he
broke up his establishment some years since. AS q
further instance Of tins he states that on subsequent
visits to his family after this period 1S55 he occu
pied the position OF a boarder always paying his
board bill to Mrs. Gates II further appeared that
his son had threatened frequently to shoot MIN tue
demands Of the deceased for money were not COM
piled with by the witness. On one occasion, when
the witness reluctant that deceased should take
the trusteeship from Mrs. Nesblt, he said he had a
right to it, being the natural guardian OF his mother
ard she should have It. Mrs. Gates urged that de-
ceased should become the trustee OF the property
whether NOT he had applied an opprobrlous
name to Mrs. Gates, IN presence OF the deceased,
Gates mad often called the witness harsh, cruel
father for refusing to give money TO the deceased
When DR.. Hurlbut formed the acquaintance Of wit
ness the former was o frequent guest at his house.
ana the relations between him and the family of the
witness amiabe and pleasant and this friendly
feeling between them had existed until recently. In
his redirect examination the witness testified that
the difficulties between himself ana his wife were
oil traceable TO the deceased for whose education he
had paid aud to whom he also furnished money for
incidental expenses during bis boarding school, col
lege and professional career. The witness, in reply
ceased had ever earned dollar in his life
Margaret Fitzpatrick, VINO was also called for the
legatees land being legatee herself testified to
and also to important matters bearing directly Oh
the sanity OF the testator. 1t appeared from her
evidence that she had been employed for month in
the capacity OF cook by the deceased, some three
weeks preceding his DEATH After his DEMISE and
on account OF some difference between herself and
Mrs. Gates, it appears that she was paid her full
months wages by DR.. HurbuG This witness also
testified to various eccentrcities by Mrs. Gates On
h0r eva m lrlf
recollected that DR.. Hurlbut, on paying her, had
said that legacy OF fifty dollars mad been LETT her
William Romer, lawyer living at Yonkers, and
who prepared the will OF the estator, as dictated by
His evidence was lucid in the extreme and must be
regarded as perhaps the most Important explana-
zion OF the testament at ISSUE His testimony Is IN
substance as foilows:-I prepared the VIII for DIR.
Gates; our interviews regarding thereto commenced
on Tuesday, August IT, and terminated on the fol-
flowing Friday having been sent for on the first day
named l proceeded to the house, and being
shown into his room j found him in partial
doze; he awoke, ana AFTER ! had INQUIRED ior
business; replied in the Affirmative; he then told
me to ascertain II there was any person near The
not, he requested me to lock It, he then said, You
will have to write" and pointed to table on which
were and toa hm had r sa wr n
he dictated, taking the substance OF what he said,
and In many instances MS own language; he then
gave me the substance OF all clauses found in his
will. with one exception; he directed me to go to
bureau and on its top I would find q card;
desired ME to give Mira Darling wife of the arore-
mentioned. $40, 0O0 he then detailed TO me the
story OF his suspected poisoning, and when he came
to speak OF the amount he ought to leave for the
prosecution OF his supposed poisoner he asked me
If $4,000 would be enough; to this answered that
did not venture an opinion on this the amount was
10 that time left undecided; when the interview
was terminated he tod me to ca Higgins ms ser.
room he instructed him to call DR.. Hurlbut; on
. the appearance OF the last mentioned person
that bunch OF keys,n and when they were
handed to him, ne examined them and
selected one which ne ned we ms ng e. ana
he directed the latter tn go to specified place In his
Library. where ne would Ind paper, and bring the
deceased, who looked at 1t carefully some time.
and having read y handed the document to Witness
s ts read Il me Witness prooeeds read i,
and handed 1t back TO deceased; he then asked me
II bad pencll ~ mg pocket 1gave hlmlone, ana
places at this time suggested, on seeing HIM in an
apparently exhausted condition. that perhaps we
ought leave the making Of the win to another day.
The witness continuedi-The next interview / had
with Dr. Gates was on "Wednesday morning, when,
ON inquiring for mis- health ne informed me that ne
should be read In presence OF witnesses twhose
nance he had mentioned and whose attendance
yes; enc OF the witnesses then sent for and on
has entering the room Dr. Gates again cautioned
about closing the doors; having complied
with mis- desire, l said was ready TO
read the VIII drawn; commenced to
read and during. the reading was stopped
three or four times by DR.. Gates, who asked ma to
repeat some OF the clauses; had inserted $4,000
for The prosecution Of the party whom deceased
supposed had poisoned him, but he said, make IL
&25 O00' this Interview lasted about fifteen minutes,
and left deceased with the witness William Rad
ford; l saw him again after dinner, when went TO
read him an engrossed copy OF the Will: on entering
he room | locked the door; IN reply to my
inquiry a. to how he felt he said that he was
very sick he then told me that had omitted an i'm
portant clause In his WILL and remarked about my
daring TO assume the responsibility OF doing So
(Ths clause made mention OF MS mother as beng
already wnpiy provided for, also stating reason
why other relations we're n0l TO be benefited by his
will and giving an excuse for not mentioning his
father that the latter was rich ON Offering sug~
peston deceased Informed me that vas then draw
ing his will, and Lot my own; AT this time he also
told me that he had 900 In bank STOCK, $1,000 Of
which belonged TO him, and the remaining $40, 900
TO his mother, and that uis amount must ba trans
ferred her name; when It came to tue nal settle