The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-30
A CURIOUS WILL CASE.

PoUGHKEEPsIH, May 20, 1871.
The extraordinary will case entitled Deborah e.
Tof1ey against the administrators and heirs Of Ira
Allen, deceased. has been decided by Justice Joseph
+. Barnard, OF the Supreme Court. Ira Allen and
Wife, In their lifetime, had but one Child, which was
son, and he died about twenty years ago. In 1880
they adopted Deborah Z. Somers, who resided with
them up to the time of their deaths. In 1866 Ira
Allen ana his wife mad each OF them q viii
drawn up In which gave to the other certain por
tons OF property, and it was agreed that the surv
vor should finally be1ucath the entire property to
the adopted daughter. In 1867 Mrs. Allen died. ana
on the Both day Of May Ira Allen had another will
drawn giving all his property, real and personal to
the adopted daughter spoken of, who had for nearly
forty years worked and tolled for his household.
In 1859 Deborah Somers married Abraham A.
Tofey, and, af.er that marriage, Allen took his will
from Deporah's possession anu placed it IN the pos
session OF a neghbor named Waunzer, where it
remained until the 2Ith day OF April last On that
day MI. Allen got up carly in the morning and
going to Mr. Waunzcr asked for the Will, saying he
wished to make some changes in 1t, one OF which
was to leave some money to O sister In the
West The win was given him and he left, and
Two days after ne was found drowned Ia small
stream, within sixty yards Of his house. The en-
veope w vi contned inc VIII WAS ionaa IN the
covered scattered about promlscuOusly, none OF
thein being more than the hundrcdth part OF ncn
In size.
PLAINTIFFS counsel claimed shat he committed
SUICIDE, and rne destroyed the Will before drowning
himself he was insane. and therefore incapable OF
destroying It.
The argument of Mr.. Thompson, on the part OF the
heirs, was that on that morning a neighbor was
coming to the house OF deceased TO draw lease Tor
the farm for year. which Allen the day before had
told him he wished to alter his win, us to give
blind sister legacy; that while The 10y went for
the same time to Waunzers for his viii. that i5
might DO altered at the slmo time, SO as 10
to Waunzer. when lie procured his VIII and started
with It for home IN a direct course that when he
came to the iordlDg place It occurred to hum that
Briggs would have to write new will, and the Old
one might as well be destroyed; that lie then tore
e up & to the on
clp,tatsa down TIE =, four fee. q sael!ing
douOlcdly did not intend to cut OF the adopted
hour. which he doubtless would have executed but
for the accident which, In his in1rm
state e. Of health was the natural sSa,oa
the verdict OF the coroner's jury was rendered
WITHOUT any ,, evidence influenced principally
SELF and therefore self-destiuciiOn was o family
trait and that no regard should be had for ii; that
shown, and the Court could not, without proof
frst infer Suicide and upon that Inference build
absence OF which inference the win could not DO
established as 1t was clearly destroyed by the tes-
tator himself.
The following decision in the case was rendered
by Justice Barnard-'I find that the Will set forth
IN the paintn's complaint Is not the last VIII ana
testament OF Ira Anen deceased; that the said Ira
Allen destroyed tile said viii with tho
intention Of revoklng the same before his death;
that at the time said Ira Allen destroyed
and revoked the said will he was OF sound mind,
sion OF law, that the PLAINTIFFS complaint be dis
missed and that the DEFENDANTS have Judgment;
costs Of both parties to be paid out Of the estate OF
deceased, Ira Allen"
The sum involved Is 10000.