The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-07
THE BONARD WILL CASE.
A Friend to the Dumb Brute-Bequest Of $3.50, 900
to the Society for the Prevention Of Cruelty
to Animals he Will Disputed-Heary
Bergh on the Alert-The Cham
pion Of tho Society in
the Surrogate's Court

!. The famous Bonard will case was called yester-
day AGAIN before Surrogate Hutchings. 1t Will be-
remembered that the late Mr.. Louis Bonard made
two wills within two weeks of each other. In the
first will he bequeathed all his properiy-real and
personal, to the amount OF sl5ooOo-to the Society
for the prevention OF Cruelty to Animals, with the
exception OF $4,000. Thirty thousand dollars OF
this latter he be4ueathed TO gentleman named
Walter Jones' and the remaining $4,000 lell to the
lot OF person named William x. Bell. This wilt
was made about the beginning Of February; but on
the l4th OF the same month Mr.. Bonard repented Of
his first disposition OF his property He told those
about him that
HE WAS NOT SATISFIED
with the document which he had signed before. and
that it should not be his last will and testament.
He further stated that Mr.. Jones and Ben were
harpies and that there was too much grasplng on
their part. He said he would make new will, ana
the mild face OF Mr.. Bergh, and visions OF tortured
car horses and bowling rat FITS, doubt, looming
up before him, he determined to leave all his pro
perty to the society which throws its sheltering
arms over the dumb brute, and whose very name Is
terror to savage drivers dog fighters, et hoe genus
ODne. Accordingly, In st. Vincent's Hospital.
Eleventh street aud Seventh avenue, the 14th OF
February last, he
MADE A SECOND WILL,
and devised the whole of the $4,000 to the Society
Tor the Prevention OF Cruelty TO Animals. Messrs,
Walter Jones and Bell dispute the second will, on
the ground that the deceased was not In his right
mind at the time ne made 1t, and that some undue
influence had been brought to bear. Messrs,
Elbrdge W. Gerry and William A. Boyd appeared
for the proponents OF the second Will bequeathing
all the property to the Protective Society; Judge
John K. Porter an able associates for the proDo-
nents OF the first Will behalf OF Messrs. Walter
Jones and Bell, and Coudert Brothers, who repre-
sented the unknown heirs IN France were them
selves represented by Mr.. Foster. MIR. Bergh. the
President OF the Society for the Prevention OF cruelty
to Animals,
LOOKING AS MILD
and as contented US though he had Just relieved
some Jaded, CALLED hack, or made successful rad
on rat pit, sat beside his counsel and evidently
not altogether Indifferent to the financial con-
dltiOn OF his pet society.
Mr.. Foster, on oenalf OF the Coudert Brothers,
said that would wish that the should be al
lowed to remain over until next Saturday. The
counsel for all the proponents, he believed, con.
% Ser IN Fance wos ., ose
phlne Bonard. She was he sald the niece OF the de-
ceased, who was himself native OF France. He
asked for the adjournment for o week for the
venience OF the Coudert Brothers, In order that they
might be able to file their objections. However, he
said that IN tue meantime he would have no obJec-
ton that the formal examination OF the subscribing
witnesses should be gone on with.
THE TESTIMONY.
Mr.. MermOud, one OF the subscribing witnesses,
then testified that he resided at No. 10 Prince street.
He said he knew the late Mr.. Louis Bonard SINCE he
FeDruary. ISL; and on mat day he SAID
saw the EeVeasn street.
ana Seventh avenue. IN the city Of New York; the
paper produced was signed by deceased on that
Mr. John Campbell, Mr.. GRAY and several other SUBJ
scribng witnesses were IN The room; the paper IN
question, ne SAID, was the last Will and testament
and was dated the 14th day OF February last; the
will that occasion was read over TO The deceased
deponent TO witness 1t; the witness here identified
his own signature; after he signed 1t
HE SoLEMNLY DECLARED
II 10 he his last Will and testament. He further
said that at the time he-the deceased--signed the
WIN he believed nun to DC perfectly RATIONAL he
HIM and what was being done al the time he sad that
the deceased also appeared TO comprehend the re-
lations which he bore TO The persons mentioned In
the document above mentioned. lie appeared to
have all the particulars most fully before his mind
at the time he signed the Will.
Mr.. sage testified that lie knew the late Mr.. Louls
Bonard; he saw him. he SAID. at st. Nincent's nos-
pita IN this CITY, on the Ilh OF February In the pre-
sent year; the witness identified the signature or
Louis Bonard who signed the Will In the presence
OF witness; he said thai he himself signed the VIII
AT THE REQUEST OF LOUIS BONARD,
who requested the other witnesses also 10 sign their
names to it; everybody In the room signed tue Will
each other; the witness said that ne heard Mr..
Bonard himself dictate the terms OF the will; in the
OF the signing OF the will sound in his mind, and
perfectly capable OF dsposing OF his real aud per-
sonal property; the deceased appeared TO be under
no restraint or excitement; IN fact ne considered
MIN capable OF transactng ordinary business.
ThOnaS waiter Hlrtilelu depOSod that he resided
at p President street Brooklyn, on the 4th or Feb
ruary last; on the 18th and l4th OF that month he
saw the late Mr.. LOUIS Bonard at the st. vncent's
Hospital In this city Mr.. BOnard, ne said, died on
the 2lst OF February, days after he made the
WILL at the same place: he recognized the signature
OF Mr.. Louis Bonard attached to the document pro-
duced; that signature was made in the presence or
the witness, and he
by Louis BonaTd; witnesses identified the sigma
ture winch he attached TO the VIII in Mr.. Bonards
presence and IN the presence of the other subscrib
mar .lp fua Vvtll na ia
az the request OF Mr.. Louis Yonard himself. and In
his presence; the witness mere gave the names OF
The witnesses present on the in the room OF
the deceased in the 81. Nincenrs Hospital at The
time Of the SIGNING OF the wil after 1t had been
signed Ivy everybody present Mr.. Bonard handed the
document to Mr.. Campbell, the executor, stating
that that was
MS LAST WILL AND TESTAMENT.
Ahe subscribing witnesses were present in the
room from ten O'Clock IN the morning Of the iith Of
February the day on which the VIII was made untii
hali-past two O'Clock IN the afternoons: MI. Bonari
he sad was perfectly rational all that time and per-
feciy capable OF dspos!ng OF all his property, real
and personal: ne aid not appear to be under the
slightest restraint.
Mr.. Boyd offered in evidence a certificate OF the
Health Department specifying the date OF Mr.. TO-
nard S death: also the certificate Of naturalization
OF the deceased Mr.. faircnild special receiver Of
the estate, handed IN certificate OF naturalization.
The Will 10 which the above witnesses subscribed
was the one Dequcaihlna all the estate, real and
personal to the society for the Prevention of crn.
city TO ANIMALS The afidayits or Mr.. Walter Jones
and Mr. William X. Bel. two Of the contestants OF
the second VIII, show NJ very great length that the
document spoken o. above was not the last viii and
testament OF the deceased: that
1T WAS NOT TIE rEp
according to the strict requry mems OF the statute,
AMI that therefore. that instrument must be con
suffered nun and void. The allegations furtheg
affirm that the be1ueaiing OF the property TO In
corporatei society was assumed, and that TINS So
ccy was not nj the time OF such bequest authorized
TO take the requests The contestants OF this second
VIII are very numerous, most OF whom are supposed
TO ne In France. MIR. Walter Jones owes a bond OF
$4,000 to the estate, on which he has
pad interest for some considerable tine.
Alter the testimony OF the subscribing witnesses
had been taken, MIR. Gerry asked the surrogate II he
would direct the further hearing OF the case until
Saturday next aud that the Coudert brothers be re-
quested 10 ME their objections before that uay
Surrogate Huschings said That other allegations
except those rom the COulert brothers would be re-
ceIved or flled on behalf OF the unknown heirs in
France. ana that tnev must BE- filed before ncyg
Saturday, and that copies Of those allegations must
be served on Messrs Gerry aud Boyd before Weanes-
day.
Ihe further nearing OF the case was then post
Ionsd until saturday next, ana Mr., Berpn analu
VI emf form on nla cha l1fn bile rliQeton e. "eN.