The New York herald., 1870-03-03
A MIsER's DEATH.

Ho Lvos q Life Of Privation and Dies In
lsarret, Leaving S2OO,OO0 to tho United
States Governuaent and Nothing TO HIS Re-
Iatives-A Nice Question Of Law--Tho
Duser's ILfe.
The trial OF the Fox wllf csse was commenced yes-
terday before Surrogate Robert Q. Hutchlngs THO
testator, Charles Fox died udoenly In Jannary,
leaving will in which, alter directing MS depts toi
be paid and appoint ing two executors, NE gave o.
his real and personal property TO the Untod bates.
to be used towards paying of the deos conTactAa
by the government or, to use MS OWN
words, '.ror the purpose OF assisting to dts
charge the debt contracted ny the war fOr
the suoJugauon o. tue rebellious Confedo-
rate States.n The will Is contested BY his
only next OF kin, the infant nieces OF deceased
brother. TIE executors are the only subscribing
witnesses to the WILL and the counsel for contest.
ants Yesterday, A. the trial, objected TO their COM
potency as witnesses unless they first renounced W
executors and referred TO decision OF the supreme
Court made In 1853 holding that the executors are
not competent witnesses.
Mr.. Rilterband, counsel for the executors, In re-
ply, reviewed the cases decided since 1853, and
showed that the law IL now settled as laid down ID
Willard on Executors, 1852 that an executor ID .
competent subscribing witness when no takes no
other interest under the WILL
favor Of the competency OF the executors The ex
ecutors were then examined BY MIR. Rilterband and
testin 90 that the will was executed July 10, 1864, u
their presence, and that he deceased was Of sound
mind and man 0I great intelligence.
The proponents tnen rested ana the counsel for
contestants gave notice that they proposed To con-
validity OF the devise TO tae United StateS
and the capacity OF the testator.
The case will, doubtless, before the litigation In
regard 70 1t mas come to an end, attract consider
able pubic attention. the testaor many years ago
90 a na0t tOr han md m aulf nj fNf
Town, and made considerable money. lt Ii believed
that during the war he specualed 10 some extent 10
Handsomely on every financial undertaking ne took
a hand In. he lived In Put street III 1864. In June
Sd that year e one nay dropped ntS rns tns
street, and made his Will, giving all hts
property TO the UnIred States government. lie ap-
pointed as executors MIR. Brumnen and Mr. David
Hays. These two gentlemen were IN the store ~
the time and saw Fox sign his name to the wn:
names Is Witnesses. Fox did not at tue Time make
the least mention OF his relatives, and the only mo-
ave whcn can De assigned ior nis having wlied al
his property to the government IT, that wnen he dad
80 tue war OF The rebellion was raging and ne was
Union patriot to an extreme degree: lie consid-
ered mat he ought TO do something for the Cause
and SO gave Gil he Dad to the United States.
Some tmc-several months, IL IS 6elieved-after
making the Will he left Ms place OF residence In PITS
street and up town to 1--we OF MS houses
on Tnlrd avenue. NO one VINO knew Fox ever suS
pected during mis- lifetime that ne was worth much
IA money or ythng else tnat constitutes wealth.
When he went TO iiye on Ylirdyavenue he took one
OF the smallest and meAnest apartments that he
could fnd in one or his own tenement houses. he
dressed as though he had not cent in the world
and could not get one II he begged Tor II, ana no
one was allowed to approach MIN in his contracted
quarters. He did his own cooking. made
his own bed-a miserable old tick on
snaky old bedstead-and IN fine, lived the life OF
the most wretched OF msers. Two or three weeks
ago he was found dead In his room. and 1t was nos
Until the production Of the Will he made In Grand
street and the nnding Oi deeds OF property IN hA
room that mis- wealth was brought to light. This
wealth, II Is SAID consists OF several houses Third
avenue and otner parts OK the CITY, and great deal
value OF about $500, 0o0. The counsel In the case
are J. Soils Ritterband tor the proponents and
tors Edwards Pierrepont for the iegatees and Jaea
Flynn for special guardian OF the inlanls.