The New York herald., 1871-03-13
TIE TAYLOR WILL CASE.
Surrogate Hutchings Admits the VIII TO
Probatc--Important Decision.


ably and exhaustively reviewed, ana perusal OF
the main points OF the decision win give thorough
understanding Of this most famous VIII controversy:
In the Matter or the Probate or a Paper Pro-
pounded as the Last WI ana Testament or james u.
taylor, deceased.-The Surrogatc--The paper which
propounded for probate as the last VIII ana testa
ment or James B. Taylor, deceased, bears date the
the the ed ed day % Of August following lie left sur
wing o widow, and grandchlld, his enly
descendant young lady OF about nineteen years OF
that MIR. and Mrs. Taylor had been married about
forty years and had lived In the most happy mari.
friends that he placed the utmost confidence In his
wlfes Judgment even as to business transactions,
make n his undoubtedly large fortune. HIS grand.
daughter Kate ls the only Issue OF an only daughter
Georgianna, who married, when quite Young, Mr.:
Vassar. THIS granddaughter was early bereft Of
her parents, and she was brought up by Mr.. aud
Mrs. Taylor as their child and was always known
by the name OF Kate Taylor. In the year 1869 she
went with her mother to Europe, where she per-
fected her education at school in PARIS. Before
part OF 1868, Mr.. Taylor who mad hitherto lived at
hotels, purchased line mansion in Madison avenue
IN this city, and furnished 1t TO large extent with
child while in Europe. soon after taer
return and IN the month OF March, 1869,
they removed to their new residence. Undoubtedly
the primary motive Mr.. Taylor had In thus changing
mis- manner OF life for thu benefit and happiness
oil his granddaughter who would soon be ready TO
enter society. There was nothing which he seemed
unwilling TO grant her, and, according to her own
statement she mad unlimited credit at StOfSS ana
he never even chided her for any apparent extrava
gance. She was to him his idol and hope loving her
almost to alteration, ana which he continued to do,
even to the time OF his death, In spite OF tho
UNEXPECTED AND CLANDEsTINE MARRIAGE
which she made. On the 18th OF July, 1882 she
secretly left the house, and her whereabouts were
unknown until Mr. Taylor received intelligence that
| she had arrived In New Bedford where sne mad
and, In the presence OF his mother (who had pre-.
| viousy gone thither) and some friends, was mar
1 n n IN pr
| fathers house.
Howland with ner grandfather. fully published in
the HERALD during the trial OF the case, are still
fresh IN the memory OF our readers ana need not be
Win regard to the disagreements between the
IL IS unnecessary to review the character OF OF the
asagreements. They were admitted In evidence
under the allegation of the contestant that
she intended to show undue influence by Mrs.
Taylor on her husbands mind to lead him
to make the paper in question. Since the counsel
his abandonment OF all other grounds OF oppsslI0n
than alleged forgery, attach less importance to
abroad, being the separation OF others OF the party
from Mrs. Taylor, may have incensei her husband
AGAINST the Howlands. They afterwards, how
steamer, arriving here the 22d OF August,
1879. According TO the testimony OF Mrs. Rowland,
Sr., they heard at the wharf, upon their arrival,
that Mr.. Taylor was Ill at his house; that she ana
Il
avenue, while the son and his wife went to the How
land residence in Thirty second street. When the
former arrived IN Madison avenue Mrs. Donnelly,
the hOusekeeper, stated the physician would be In
soon ,and he hau requested that no one should
Mr. Taylor until he, the doctor came. as 1t was the
According to the testimony OF Mrs. Rowland, Sr
she first went into the room OF Mr.. Taylor and was
herss Kate y and es husband HAIRY but was ST.
lent concerning his vile, and her name was not
mentioned between them; and, further. that she
and arterward urged Mrs. Taylor to enter the room,
which, as 1t appears from the witness testimony
that that Mrs. Taylor expressed 'A her sorrow 'to 70
| her husband that he was SO i'll, but she
| not; and that afterward, Kate came IN the room,
| and that his manner towards her was exceedingly
tender and aiiectionate, ana that ne asxed Where
and Kate spoke to him ana said, ..Here Is Harry
Taylor took his hand and said sHarry, am glad to
see you; didn't see you before" and that then
he seemed to close his eyes and doze on; and these
remarks to Harry, according to Mrs. H0wand's test
mony, the last words OF Mr. Taylor. The testi-
mony, however, OF the family physician Or. Quack.
enboss, is very materially at variance with that Of
Mrs. Rowland; for he testified that Mrs. Taylor was
the first person OF the party VINO went into the room
was then partially conscious, but ne recognized
Mrs. Taylor certainly; that he spoke his wife, but
tlnctly what she said to hun, but he answered her
indisrnctly. lie moreover states that when Mrs.
tween tnem that neither he spoke to her nor she to
him; that he mother spoke to his granddaughter
nor her husband; tnat ne ,. was y not L consclogs
Taylor spoke were to his wife, and that was about
halpast three in the afternoon; that at two O'Clock
ten minutes before past Two In the afternoon,
arriving at the house and finding Mrs. Taylor and
Mrs. Howiand the elder and younger, IN the parlor,
where they were awaiting us return, he went up
alone and told MIR. Taylor that steamer had ar
rived with the family that he was certain OF the
as a
fearful llemorrhage and when the doctor was
asked in his examination what Mr. Taylor said on
being told OF the arrival OF the steamer he testified
that Mr. Taylor expressed his desire to see his wife,
and said, ''Are they all wellf'' to which witness
arrived,n and Mr.. Taylor then replied, 81 want to
see the Queen, which, to me, he was in the habit
DOCTORS testimony it was after the inlerview be.
tween Mrs. Taylor and her husband that either Of
the others entered the sick chamber.
This Is substantially a correct epltome, as de-
veloped by the testimony, OF the relations OF the
parties connected with the matter in controversy
down to the time OF Mr. Taylor's decease and the
testimony Of great affection evinced towards the
contestant by her grandfather IS presented by her
counsel. to show the improbability OF, to raise
presumption against The genuineness OF the instru
ment offered as his will, which gives only $4,000 an
ua h wdog 70 e e ess Of S estate
but this will be fully considered In the discussion OF
what regard as the principal and, may say, the
only real question before me-namely, the genuine
ness OF the paper propounded for probate.
THE OBJECTIONS.
The objections filed by contestant to the lnStru-
ment In question are to the following efect.-
l. That the instrument Is not the last will OF de.
cedent
2. That 1t was not subscribed or signed by him at
the end thereof, or at all.
8. That it was not signed by MIN in the presence
OF each or either OF the attesting witnesses.
4. That the subscription was not ackn knowledged to
each or either OF the attesting witnesses.
8. That he did not at the time declare the paper
to be MS last will and testament
8. That the witnesses did not sign their names at
the request Of the decedenL
T. That the decedent was not at the time OF sound
mind or memory, or IN any respect capable OF max
ing u WILL
s. That the instrument was obtained and the exc
cutlon thereof procured by deception
The Surrogate then proceeds to review and COM
ment upon the testimony Of the principal witnesses
for the proponents, the atestlng witnesses to the
Will, to its discovery by Nj. James M. Sweeny.
special administrator Of the estate. in volume OF