The New York herald., 1869-09-16
THE GATES WILL CASE.


THE GATES WILL CASE.
Opening Of Argument Admission Pro-
bate-The Hearing Adj0urned-Ths Text Of
the Will-S3OO,OOO Involved.
Application was made yesterday, before Surrogate
j. w. Mills at White Plans. Westchester county, for
the admission Of the last will and testament Of the
late DR.. Carlton Gates, Of YOnkes, to probate
william Romer appeared as counsel for the legatees
and R. W. Van Pelt, George Norris and Thomas
Carey for Dr. W. Gates and Mrs. Martha Gates,
parents OF the deceased testator. Counsel for the
legarees objected to any counsel appearing In behalf
OF Mrs. Gates the ground that she is not heiress
at law III the case After some arguments ON both
sides had been heard, on motion OF counsel for the
legatees further proceedings in the were post
pOned until the 3oth inst, by which time IL 10 ex-
pected that full report Of the testimony to be ad-
duced on both sides will have been arranged by
counsel. The following is the will in question:
Last Will and testament Of Carlton Gates, OF tho
town OF Yonkers in the county OF Westminster and
/, Carlton Gates. the testator above named, being
OF sound and disposing mind and memory, but Of
feeble frame. and mindful OF the uncertainty OF life,
do make. publish and declare the following and
for my last will and testament, that II to say
aiter named or such one OF them as shall only
qualify, to pay and satisfy out Of my estate all my
just debts and liabilities and funeral and testament
tary expenses az soon as may be after my decease.
Sec0nt-I desire and direct that immediately upon
my decease careful medical inspection and exam
nation Of my remains and chemical analysis of
the contents OF my stomach to be made with view
to ascertain whether l shall have been poisoned,
and in the event OF the discovery Of any evidences
or indications OF such poisoning ! instruct and
direct my SAID executors, or such one OF them as
shall duly qualify, to forthwith take any and all
tuition and prosecution OF criminal proceedings
against the person or persons whom l shall have
in ine premses And hereby authorize and aireet
said executors executor to pay and salty out Of
estate the expenses incurred by, for or In
sequence OF such examination and analysis; and in
such examination or analysis shall disclose pro-
Dable grounds for my suspicious then authorize
ana direct my said executors or executor to
out OF my estate SUM. not exceeding $4,000,
as in the opinion OF their or his legal adviser 10
sci fees and expenses attending upon such aforesaid
criminal prosecutions, said sum 10 be held by my
said executors or executor in trust for and to be-
far necessary, by them or him expended in the
payment and satisfaction OF said COSTS counsel fees
and expenses as and when the same, or any OF the
same or any part thereof shall or may from time to
Time occur Any ali surplus or excess of said sum
SO reserved shall remain IN the hands OF my said
executors or executor alter full payment and salts
faction Of said costs, counsel fees and expenses,
form part OF my resduary estate and to be paid
to my resduary legatee hereinafter named.
In case there shall DO at any time any disagree
ment or difference OF opinion between my said
cutOrs as to the commencement, management or
determination Of the legal investigation or prosecu
ton Aforesaid, desire and direct that DIR. James X.
Wood, one OF my said executors shall have the con-
trolling voice IN the matter.
James X. Wood, OF New York City, bronzes,
anuluss and ornamental glass, antique silver,
photographs, engravings and views Of the East and
OF Europe: earthen and porcelain ware; my Clrcas-
sian bracelet composed OF variety OF colOred
stones (Which latter will be found probably the
possession OF Rev. j. V. Hurbert, OF White Plains;
all pieces OF carved wood, and, IN short, each ana
everything comprising or forming part OF my '.co-
Wal
cases and furniture as II shall stand at the time OF
my decease.
Fn0qh-I give and bequeath to my particular
friend. Mrs. Adeline A. Darling, wife OF Charles
Cnauncey Darling the sum OF SIT COO.
FVfh-I give and bequeath TO my housekeeper.
Jennie Morris Salt, as also TO each oi my two SER
wants, Ann Fitzpatrick aud Maggie Fitzpatrick, ths
sum OF ilty dollars.
Sepe,lt,-As proof that consider my mother
sound IN mind and capable of making viii az the
time she made and executed her particular Will,
that when sailed for Europe on June 2 1885, gave
her power of attorney 10 transact ali my business
Tor me, which power OF attorney Is recorded In The
office OF the Register OF the city and county OF New
York.
The property. real personal and mixed, mentioned
IN my mothers said Will, can he other than the
family residence at Yonkers, since she Possessed
other real estate As she had already assigned 10
all her undivided interest la her city real estate, and
had given me power OF attorney 10 call III all ner
personal property and invest The same IN my own
name and for my own use and benefit. THIS shs dad
unsolicited by me- and the proposition that should
take possession OF the estate as my own ire
uuently urged upou me, at the moment OF her
sisters death and while was stll in Europe as let
ters In our correspondence Will show aDd Mr.. and
Mrs. Darling can iully testify.
Therefore having full power to estate the family
residence at YoDkers, do hereby give and devise
the same, with all and singular the premises CON
nected therew tn. to The Corporation Of the village
Yonkers; aud in case the shall be used for any
literary collegiate OF Scientific institution of "A Kin
dred nature desire that such institution snail bear
my name In fu.
\ Eighth-Al the rest and residue and remainder of
my entire estate, bon real and personal OF whatever
nature description or wherever situate give,
devise and bequeath TO my particular friend Rev, j.
G. Hurbut, OF White Plains.
Ntnth-My mother havin5 already an ample In.
come OF her own TO support her more than comfort.
ably, and beng moreover in such feeble physical
and mental condition as to render her incapable OF
taking proper care OF her property have not thought
1t necessary desirable to leave her any p0rton of
my estate; and there being total estrangement
amounting 10 a complete non-intercourse, between
cumbent upon me TO leave them any devise or be-
quest whatsoever. Lastly, hereby nominate, con-
stttute and appoint my SAID friends, James X. Wood
NJ d., Of Irving place, New York city, and Rev. j.
V. Hurlbert ID. d., OF White Plains, Westchester
county, n " the executors OF this my Will, hereby
revoking all other or former wills py me made.
In witness whereof | have hereunto set my hand
and aixed my seal, this, 10Th day OF August, in the
year 1882 CARLTON GATES. IL. 81
BY the above named testator, Carlton Gates, az
and for HIS last Will and testament To and in the
presence OF each OF u.s. who at his request and In his
presence, and In tne presence OF each other, have
hereunto subscribed our respective names and resi-
dences, as subscribing witnesses thereto.
WIN. kADF0RD,
fonkers, Westchester county, N. Y.
rAOS. o. HARRINGTON,
ionkers Westchester county, N. Y.