The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-08
TIE TAYLOR WILL CASE.
TWO Millions Of Dollars Involved-Two Wit
nsssss VINO Signed the Will, but Never Di-
vulged the Fact-Interesting Testimony.

sam
The nearing in the contested win case Of the late
James B. Taylor was commenced yesterday, before
surrogate Robert Q. Hurchings. There was very
large attendance Of witnesses and Interested spec
tat0rs friends OF the litgants In tile case
The circumstances OF the absence OF the will the
search after 1t and It's subsequent discovery between
tho leaves OF book In deceased's Office have al.
ready been published. That win Is now contested
Dy hrsA Kate Rowland, granddaughter OF the de-
ceased who has filed objections thereto claiming
chat IL was defecliyey executed, that deceased was
Of unsound mind when he executed it, and, II exc.
cuted by aim, was procured to be made by Laura s.
Taylor and Albert Day by fraud, circumyention and
coercion
MIS- Rowland was represented by Mr.. vanderroel
and Mr. clinton. and Mrs. Taylor by Mr.. Stough;0n
and Mr. Andrews
TESTIMONY OF A WITNESS TO THE WILL.
the nrst witness called was MIR. Edward Wetherill.
nne OF the witnesses to the win, who testified that
ne was well acquainted with Mr.. Taylor; that call
ing In one dag vt Mr.. Taylors ONCE, MIR. Taylor
said. HOW 90 You do, NedY' he walked In and
stopped lew minutes, when Mr.. Taylor put aside
the writing be was engaged in, and opening
srawer, said "There's my will, want you 70 sign
IT." ne beckoned somebody In the outside once.
and presently Mr.. jackson came; Mr.. Taylor said to
hts name; l signed mine, and lie signed his; +
dropped some ink; he said, "Yoa are careless fell
low" ea.m.
10 MIR. Clinton-Mr. Taylor signed first; witness
saw him do IT,; he met Jackson the day Of tho
funeral, aud they IN talk said they would do
nothing about the VIII TIL 1t was found; for
that reason ne had said nothing to Mr.. Marsh,
nor oven to Mrs. Taylor, till after the Will was
found In one cony crsalion with Mrs. Taylor he had
told her he thought VIII would be found: ne was
very intimate with Mr. and MIS-. Taylor; deceased
had been very good friend Of wItness ne called
witness Ned, and Mrs. Taylor called him Ed
ward; he might occasionally have called them
Tapa and Mamma Taylor; witness called on Mrs.
Taylor after his death; witness mentioned two occa-
sions ON which he called on Mrs. Taylor after MIR.
Taylors death; in each he told her he thought
u VIII would turn up, and she said she was going TO
have a thorough search; she would get Mr.. Jones
and Mr.. Murray make the search through his
papers; witness did not then tell her he had wit
messed will; en- he second interview Mr.. George
Duryea was present and Albert Day; George Dnryea
was there about an n0ur; witness thought the viii
was not talked Of wnle Duryea was present; two or
three days alter inc secondvst bo paid third VISIT
but could not remember what said; witness
could not rememncr how many vlsits-not more
than one, certany-lle made ia the Madison avenue
house; he dia not often visit MI. Taylor at his resi-
bS 1 p h Would ot 1q psa"y ivy a
toned ~; he never spoke Ol III TO any one but Jack.
son ti II was lound the first person who spoke to
him about IT Was Mr. murray, who New hun up for
not previously mentioning u; he had not seen this
deputy marsiia under Murray for about i've years:
ne mad since spoken 10 Nj. Jackson's father about
or the WILL; lie didn't remember anything particular
being said about his having Kept the fact Of the Will
secret; witness Told her III thai conversation 1t was
neceaSeds request THAT nothing should be SAID of
the existence OF he VIII; she told witness that Mrs.
Rowland was ~ get 5000; she did not tell tho
other provisions; my principal interest was what
was coming to Kate; sne told me, think Kate was
10 have S5,0UJ year and she the balance; Mr. MUIR
ray told me the contents OF tile will before; Witness
never heard OF Adene Weston TIL Mr.. Murray told
Nun O the provision Tor her; witness had talked
with Mr. Duryca ABOUT the viii; he llad met HIM
Two or three tiEies since Tue funeral; he had
MIR. George DLryea wTIte ac mad seen him writing
for Mr.. Taylor, lie had never inquired In whose
TEsTlAosy OF JAMES JACKSON.
Mr.. James Jackson me Q her witness, a clerk in
active member oi the thirteenth Assembly Digtrict
Republican Association OF winch witness was presl-
dent; since they made combination OIoliticall In
December last Their relations were very friendly:
Mr. Taylor seemed jealous II he WAS not In the
office; on the day nus VIII was signed Mr.. Taylor
said TO him, 81 want you % witness my will;" Mr..
Wether was present, he then signed it tins is my
signature; saw mr. We!nerill sign Y; J saw the
blot; Taylor got IN III Tie Uare aud called him
clumsy cid fool; MI. Taylor wanted MIN to say
nothing about IT,. taag tiA
Cross-eXaminea--Am twenty-nine; have known
Hr. Taylor since year ago .ast winter; have Told
all that occurred III reference to tie VIII that
member; saw nm next day, ana almost daily till
within ten days Of ms death; Dlryea was there
daily; when Duryea vas ont did his work. do
not know IN whose handwriting thus Is; | know
Duryea's handwriting; he writes, not hackhand. but
ordinary writing OF medium size have MOI seen
nm write two han,;s; ne can handle quill pretty
Nveiy;. my acquaintance with Mr. Duryeo COM
menced al the same time with dir. Taylor; did
not Visit his Oslice The last tea days because
out OF town IretrDed TO tue day after nc died;
went TO his office that day 10 MIR. Durvca, bus
the once was locked; he Is night superintendent
OF tic lost ONCE and AIN night clerk; soon
after Mi. Tuylors death l spoke 10 iliIn OF viii:
two three nights after the funeral asked him il
told me OF the seafcn he said Mo-" said IT was
unfortunate; we may have had two or thee subse-
gUcnJ CONVERSATIONS; Mr.. Murray came TO me about
two weeks ago, anu asked me II mad signed y Will
OF hir. Tayor's: ! asked MIN why lie asSed he said
one had been found With my nauae on lt, and asked
me why had Tot told ilin Of 1t; said for the
reason that did not want 70 get into any
litigation, and / would have kept 1t quiet II
they hadn't found IL IA! na resurrection. Did
not read any or the VIII; when Went cut from
sbly MI. Duryea; he met Wetheril NJ the funeral
aR sad to hun, "l1tnis viii isn't found think you
aud l had better nos say uStlng about III 10
which lie agreed Mir. Wethefih used TO come fire.
Quenty TO III. Iayiors oilce as often as once
week; lie had no business win Mr. Taylor; first
s'Al right;' ] called a week or ten DAYS later ex-
expressly to Inquire about IL and found that no VIII
was found; SAD probably u hAd been destroy ed;
we had escaped a cross hanilfatnn and congratu
lated hiul called On hun once or tWice after on the
same ousincss; don't think Mr. Duryea ever said
anything about expecting q legacy; he Is pretty
cl0se-n0nthed he did NOS manifest any interest in
the pr0vsiols Ol the VIII.
the proponents here rested.
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