The New York herald., 1869-01-09
SUPREME couaT-GEHEaAL TERM.
An Interesting Will Case-ADpeal from the
Decree OF the Surrogate Refusing Probate.

An Interesting Will Case-Appeal from the
Decree OF the Surrogate Refusing Probate.
Before Judges Clerke Sutherland and Barnard.
IN the Mqter OF Proptng the Last wa ana Tesla
n,ent OF Patrick NJ Lanoton, deceased-Iohn Nc
C2oskey archbishop o. NeJo York, and Patrick Nc
.Elroy Appellants, ps. LYDIA N. Langton ct al Re-
spondents.-Ths is an appeal taken from decree
OF the Surrogate OF this county, refusing to admit to
probate paper purporting to be the last win and
testament Of Patrick NJ. Nngton, deceased, on the
ground that 1t .'was not executed and attested in
the manner prescribed by law for the execution and
attestation OF last wills and testaments." The pro-
bate OF the win was opposed by Lydia NJ. Langton.
widow Of the testaor, and by the testators molner
and brother, The statute provides that last VIII
and testament to be valid, must be subscribed by
fhe testator at the end OF the wl that 'such sub
scriptlon shall be made by the estaor IN the pres
Hnce OF each OF the attesting witnesses or shall be
acknowledged by him to have been SO made to each
OF the attesrng witnesses, that the the tes
tatOrs shall make declaration rnat the Instrument
Subscribed to Is his last will and testament, &c
The estator formerly coal dealer IN TINS died.
3eavng property valued at about $50 0O0 and by the
terms OF the instrument offered for probate LEFT TO
Archbishop McCloskey certain valuable ieasehoid
phia he left certain valuable real estate In Pennsy-
vania TO his mother he left the rents Of property
nuity OF slOo chargeabe to the property in Pennsyl
vana left to the Bishop OF Philadelphia, and paya-
be 10 her only SO long as she remained widow TO-
subscribed as attesting witnesses to the wi and In
the proceedings before the Surrogate but one OF
Them remembered whether tine prescribed rules for
the execution and attestation OF wills had been CON-
piled with. This was man named 1. James Glover,
VINO, In addition to beng witness to this wil was
the attorney OF ST. Stephens Roman Catholic church.
and was brought to prepare the VIII by Rev. DR.. Nc
GiyDn, pastor OF that church. Neither Mr. Bailey nor
Mr. Hunter tue other attestng witnesses, remembered
the signing by the testator OF the Will III their pres
6ence or that Mr. Langton requested them to sign the
Will as attesting Witnesses or tnat lie declared
the instrument 10 be his last will and testament.
The testimony Of The various witnesses for the pro-
ponents and contestants was very conflicting,
although the witnesses were numerous on eacn side,
"a TO the mental condition Of the testator at and
shortly prior the time OF making the alleged viii.
winch was october 26 1865. Mir. Langton died on
the LIST OF November following OF consumption and
the witnesses Ior the respondents claim that he was
OF unsound and feeble mind Tor some months pre-
viou5. The appellants witnesses testified that he
was OF perfectly sound mind, though feeble physi-
caly, and was fully aware OF the nature and effect
OF the provisions OF the Will Two letters were ad-
duced by the proponents which the deceased had
written TO Archbishop McCloskey and Bishop Wood,
3nwhich he repeated substantially the provisions OF
his wl and aaked that therefor they would pray for
The repose OF his soul after death.
The case came up yesterday before this court on
argument on the appeal from the order OF the Sur
Fogate and at the nour Of adjournment the hearing
mot being concluded, was adjourned until Monday
morning.
/ For appellants, John NcKeon and B. J. 4 E. Blank
hnan: Tor the respondenst, X NJ. harrington and e..
Is, Van MEnkle