The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-06
ne UTOtrIHu ENtgWUst1OU VUSs
Before Commissioner White.
SU3R0GATe'S cOulT.
Tho Galloway Will Case-A Fight Over q
p0ctOr's Fees.


Before Surrogate Robert c. Hutchngs
On the 9Th OF last May an old man named Robert
Galloway died at his residence, on Second avenue,
between Twcnty-sixth aud Twenty-seventh streets.
He kept a drug store al the place and was usu-
ually styled DOCTOR though he had never taken his
degree. The deceased led a secluded life ana had
very few acquaintance AMI apparently relatives
with the exception OF a sister OF his deceased wife,
child OF twelve years OF age. named Lizzie Dolby,
VINO nved with him. Or the few VINO seeined to take
interest In his welfare Dr. JACKSON, prac-
Using hyslcian OF excellent standing who resided
in Twenty sixth street, below second avenue. He
visited him occasionally ana treated him with much
kindness.
Clerk of the supreme Court, Chambers, was sent Tor
TO draw up his viii. In obedience 10 tni, request
Mr.. Beamish went 10 his house, asked him the usual
questions as to whether he desired TO make his wil
DC, and proceeded 10 draw 1t up. Present at the
making OF the will were Denis Mccarthy, his clerk,
Charles Freel, who took care OF INN The being an
invalid for three or four years previOus) John De.-
con and wife, anu DR.. Jackson DR.. Galloway was
DESTROYS of leaving all his property--whlch in tue
aggregate amounted to bat little over So O00-to Dr.
Jackson, but at the request of r. Beamish and Dr.
Jackson 500 was bequeathed TO LIZZIE Dolby. Dai-
ing the making or the VIII Dr.. Galloway was per-
fectly conscious and showed by his remarks lnai lie
understood perfectly what he was doing. ON the 9th
OF May, two days after the making OF the will he ied
and his ssterin-law, Lizze Dolby, was taken charge
Of by Dr. Jackson ana his wife, and remained with
them until Mrs. Perrlsom who claims TO De a
cousin OF DR.. Galloway, took her away To CITY
Island. This was quite a surprise to the child
towards whom Mrs. perrisom had not previously
shown much affection Proceedings were then M
claimed that the deceased was cOntpOs naeniaS
ana that undue influence had been used in the
ton OF the requests.
Yesterday 1t came before the Surrogate and six
witnesses were called for the contestants. The rst
of these was Mrs. Lafkin who testified that on the
4th of May, NJ about haf-past seven O'Clock p. NJ.
she saw Dr.. Galloway sitng In rocking char, with
his eyes open; he did nos speak her: she Thought
he did not know her: the VIII made about nine
O'Clock, an hour ana hali alter witness saw
deceased.
Thomas Carey sworc that he was an undertaken:
was applied 10 by DR.. JAG ksun 10 bury the deceased
but refused, he had heard a VIII was made and
he feared he should have 10 wait year for his
money.
Mrs. Donohoe testified that she resided IN the
house with DIR. Galloway. she was asked some
questions which were quite imnaeral 10 the ISSUE
and were accordingly ruled out.
Patrick DOnahOe. son OF last witness, saw DR..
Galloway between three and four O'Clock on the 4lh
OF May he was frothing at che mouth: he asked II
Mrs. PerrisOm had been sent for (; was told she mad
not, as DR.. Galloway SAID he did not want her.
Lizzie Dolby was next called to the stand, which
she took with the utmost GOODNESS; she was ask ed
how Old she was, and answered thai she was twelve
double her age
surrogate-where would Won go to If you told
lie2
Precocious child wouldn't 90 10 heaven sir.
She was then sworn, ana IN answer to counsel
said she was the sister Of Or. Galloways deceased
wife Dr. Jackson mad told her not to tell any one of
Dr. Gaoway's illness. Counsel for the VIII asked
her if he DIR JackSon) had said why he did not
wish her 10 tell any one On,this point. she would
only answer that she forgot; she sand she had not
very pleasant home with Dr.. Jackson, but also
stated that both Dr. jackson and his wife had been
very kind to her; she did not know that Mrs PERM.
som was going to take her away until she did So
Denis Mccarthy, who was CLERK IN DIR, Galloway's
drug store, testified that OH The 4th Of May deceased
had fit, ana was seep,Qgy UNCONSCIOUS from
about two =. NJ. TO eight =. NJ: lie woke up how.
ever, when Mr. Beamish came to draw up his VIII,
and answered an questions put 70 him; Or. Jackson
asked him what he would leave him 10 pay his bills
and support Lizzie Dolby deceased said he would
leave him all he possessed; upon being asked II he
would leave Freel anything he said no. he would
not that he had paid him Two dollars day TO lake
care OF him, and he thought that was enough,
The case stands adjourned TIL tomorrow at one
O'clock