The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-18
THE TAYLOR WILL CASE.

Further FRO cecdings in the surrogase's
Court-Mr. James vi. Hwceny's Tcsti-
mony-How the VIII Was discovered
A Prilna Facie Case Established by the
Proponents-The Contestants to Open
Their batteries Next Week.
In the Taylor Will case the examination OF wit
ncases was resumed yesterday, before Robert c.
Hutchings, Surrogate. The first witness called was
MR.. JAMES NJ. swEENY,
who was appointed special administrator on the ed
OF September, and who testified that he searched
Mr. TayIors tin box In the safe Deposit Company for
a will, ana afterwards, tho order being amended,
searched his Office and then examining his books
found in one OF them the will in question.
Cross-examined-M MIR. Tracy, Mr.. Van SchaicK, Mr..
Murray, Mr.. Luther X. Marsh, Airs. Taylor, and,
think, Mr.. Jones, of the Times, were present; I'M
derstood the tin box had been deposited by Mr..
Tracy and Mr.. Marsh after Mr.. TaYlor's death; 1t
was sealed and locked; some one present handed
me the key and opened IT. there were number of
papers, stump check books and paid checks, city
bond for $4,000. mortgage for $4,000 and num-
Der OF deeds and agreements; all OF these but the
mortgage. which was on Georgia property, and
which sent to be recorded, were returned to the
box and locked up; In mis- office we found some
papers, among them q Will drawn but not executed;
they are in the safe; have the Key there no one
having special charge OF the office; DIDN'T examine
particularly the other papers; no letters re-
ceivcd by Mr. Taylor have come into my possession;
have done nothing since the ed day OF September;
George Duryea came IN the ONCE while we were
making the examination; we found bundles Of let
tiers; authorized no one to take charge OF the let
tiers; went to the Deposit Company about two
O'Clock; Mr.. Marsh was not there, nor Mr. Andrews,
who joined us later: II was near five O'Clock when
we got 10 the ollce; Mir. Duryea came In when we
had been there about twenty minutes; Mr. Van
Schaick, Mr.. Tracy anu myself alone made the ex-
animation; the uneXecuted will was found, think,
by one OF the others in a drawer OF the table; we
went next 10 hs safe; 1t was quite large SAFE With
good many pigeon holes and drawers; opened
some OF the bundles not 80 much the letters as the
long papers; by that time George Duryea had ar
rived did not expect hun.
HOW THE WILL WAS FOUND
went next TO the bookcase in his private oic Q;
1t is small office; remember no furniture but the
| table, the bookcase and some chairs; the shelves
| came pretty well down to the floor; commenced
searching the books; there had been previous talk
Of examining the books. taking ING up the carpet and
| such remark; only took out two books took out
the books, commencing at the upper right hand Coz;
ner; the VIII was Ia volume Of Thirty Years. His
tory it did not show over the edge OF the books;
| don't remember Mrs. Taylor saying anything about
MR. Taylor sooks avn When aO found o placing as nlpge
| were only MI. Van Setback and Mrs. Taylor and
myself in the ROOM this room has one door leading
into the front office; the bookcase Is opposite the
| door leading into the hall; when found the will 1t
was read; those in the outer room came in; men,
tlOncu Tue VI INC VIII oO euttt lHOSc III the
| outer oflce could hear It,; don't know where
| George Duryea stood; Mrs. Taylor very much
affected, and cried while 1t was being read; she mad
| cried before on that day; Mr.. Van Schack and,
think, Mr.. George Duryea made copies Of the Will
| and Mr. Andrews and MI. Van Setback compared
| the copies; Mr. Jones took one and Mr.. Tracy the
other; brought up the original; don't recOect Mr.
Duryea saying anything about the will; think he
said he was very fortunate he was taken care of;
Safe Deposit Company she looked at one letter and
said 1t was hers; 1t was letter OF no Importance;
refused permission to have t taken away; there was
some general talk about the handwriting or the
body or the will; It was suggested by some one that
II was In the handwriting OF lawyer Of the name
| of owens; Mrs. Taylor said before this was found
that she was under the impression there was will
| there was general impression among oil Of them
that will had been executed, but don't recollect
mat any one said he had seen the win or knew Of
Ats existence since then some one has told me Mr..
/ Owens was lawyer in Wall street; brought the
1 will to the Surr0gate's office, sealed up; I saw
| the paper was regularly signed; did not notice
i any blot.
i yea was sent for or not
Mr. Andrews, on behalf Of the proponents,
/ piled with the ruling Of his Honor.
Mr.. Clinton, for the contestants, insisted that as
there was now formal issue as to whether the
will was made by Mr.. Taylor ornot, the other side
were now bound TO put IN all their affirmative evi.
| dence.
The SQUIRT hello 1t not necessary to call on the
| proponents, they having made out prima facie
case, to exhaust their testimony until at least the
contestants had proved something against the va
The proponents, therefore, closed their case and
1 the further hearing was adjourned to Friday week