New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-13

| tbmgbt ~ looked like tho writing Of owen,
lawyer who had sometimes done business ior iio
! deodeDt 1 satisfied that % Ieasona ai
ef made by proponents to learn IN WHO'S WI AK
The body the Pf H. ana so nsed proper by
subpna ahd attachment, 10 compel me attenuhoo VI
the Br. Oxen referred TO- though without snVet5S
IN In pape which leads ne TO l"lieye Dat tne WrI,S
il thd OF ascripener but the genera or drawn by n
iaWyG and uen copied
MR.. DURYEA yISDIcATED.
Fourth: The counsel for contestant maze some ede"'o
10 sdOg hat ne body Of the ctH IS IN NJ D"yedS nam"
,rriii and upon the theory that the Wrluhg Oh INC
body and OF the signature Is the same TO east the s
pcon that bJ,forged the will. There ~ howsyet ho
proof gpOn which to base any such c0rclnson OF nv,
someof the witnesses for contestant assume 70 trsGs
Duryea while other witnesses for proponents VINO arc
acquainted with his writing deny that theie Is saI
made against him OF having forged the paper, ana t
record SLOWS that the counsel declined then 70 nase &
NV evidence. To establish It, there must have
| been conspiracy with the Subscribing Tbe
crime Of forgery aud forgery was comnit,a e ~
has been superaddcd; but any charge Oh 80 he
etamin,tion n the eubsc riding witnesses was very
searching and ii is impossible for me 20 ueduSf .ii Wv
evidence of the three either Of them tlat ~ ~ -
orgry or that there k ground OF suspicion that ~ go
Besides Mr. Duryea textiles that he his no hn1W'So,
aud form an opinion, IN Wios ~ a. ~ Ie
| The bOdy of the will is and II this VIII ~ 10 DC
rejected on the ground OF nOnrgchhDSh-,A PSa
~
sistent with tie innocence OF uoso W D. sui
whereas such is not the and the evidence O tr
scrbing witnesses ig ~ my mind strongly am DunuaIc
y corroborated by the other testimony ior ie pfoo
nen and 10 part the testimony points IA hat respect
The Contestant e1deavored 10 attac the credihty Of
Mr. Wthcroll by showing some declarations ne lnhe AZ
Mr. TayOT's house the day after the oeatn III -
ton with the elder Mr. Rowland ana sls.c 81 ~
Withercll, I'm which Mrs. Howand MADE Pltlc ~,
inquiry whether The docedent left VIII neither VIZ;
Taylor nor ibe younger Mrs Howsand nor her hnooau
we're present The elder Mrs. Rowland swetrs t'ti IN
effect Sir With rel answered that he had heard OF no
will while Mr. W. substantially denies Mrs H0wiand )
statements. and gfyes as r9 40 ' fh s1,"ct On
the day after The funeral that secrecy Waserlobtu oI1L
Of secrecy Untiitle VIA war found no sara ne dtu os
know what be- would have said 10 Mrs Taylor she ifal
asked him n d. knew Of VIII. bnt neither sne nor
young i.rs. Rowland made any inqun1eSm mn Is -
have now believe reviewed this ease IN al lA I'M
pOrtant aspect and have underworld to Vedne weight
10 All portions OF the testimony bearing on either Of
lie grounds al contest presented IN te written aeSi-
lions ned. and have discussed some OF Them WHICH we're
IN effect abandoned tsclmed by contestant counsel
on the trial. Ia arriving ut oonclSOD hfVe con
nned myself " tho eSpnce, irrespective 90 ana sIiuu'
euced hy many questions to Witnesses rom when ~
feroBces might be dawn facts rejecting on some "i
H. parties to tho controversy. other Individuals bnt
! Of Shcn there was no proof whatever in the case
TIE CONCLUSION or THE WHOLE NATTER.
The result Of my careful examination OF tie testimony
and consideration of the arguments OF the respective
counsel, is as follows: find;
J. Thathe paper prOp0unded for probate Is the laot
! will and testament Of the dccedeut.
That it signed by him on the aDth day o Juhe'
1870 and witnessed and In al respects eSeeutod accord
! ia 10 The rrCureucnts OF the statute.
g. Thai tho decedent was, ~ that time, OF sond ann
de posing mind, nenory and understanding; ana -
That the dcccdcnt so executed the Ss a. M IT,
ac and thai fraud, deceit, undne influence coefclo
! or circumvmtion was pracueedHpon nm 10y 10Y let'
son or persons whomsOeyer i'm respect VI the prOVlsi0
| making or execution Of sald Will 49,
n U Therefore nav tleepee that Che said instrument he
admitted To probate will OF real and PERSONA estate