The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-02-01

Disputing the Validity Of q 1esta-
mentary Document.
Singular Developments Before surrogate ccfan-
Bitter Domestic Feud-The Bone Of Con-
ten Ion a Quarter Of Million DOL
lars-How it Is Alleged the An
cient Testator was Coerced

involving properly 70 the amount OF uDOuL 500 OOO,
was commenced before Surrogate owen I.
Coffin, Of Westchester county, aJ White Plains, on
Monday. The ntigauts are brother and
two sisters, all three being children of the testator.
The family is one or the oldest and, perhaps, most
extensively known throughout the entire county.
From the testimony elected before the Surrogate it
would appear that John Bussing ST., deceased, was
PROSPEROUS FARMER,
living near Wilamsbridge, in the town of Yonkers;
that he accumulated property to the amount Of
$780, COZ and upwards; that about twenty five years
ago, as set forth by some members Of his
family he became fearful for the safety
OF his possessions, by reported ac-
cident on the Harlem Railroad, In which
connection 1t was sad that cow had got on the
track. through an imperfect fence owned by him.
serious loss Of life. Entertaining the belief that he
would be held responsible for the disaster. to the
amount OF $4,000,
He BECAME DEsPoNDENT
and took. to his bed, which he kept continuously
from that time to his death, period o. twenty two
years. While an apparent invalid 1t never could be
discovered that he suffering from any physical
disease, nor was he attended by any medical man
until few weeks prior to his death. 1t also ap.
peared that from the time he took to his bed
his mind end habits underwent an entire
change. From the exhilaration consequent upon an
active life he became Indifferent to all but the most
trinng affairs, and his hitherto cheerful disposition
was superseded by one Of melancholy and gloom;
legged, the son, John Bussing, Jr., who assumed
charge Of the farm, succeeded, by
VIOLENT CONDUCT
and threats OF deserving the homestead, in Inducing
the old man 10 make Will devlsing the bulk of the
property TO him, thereby, 1t is claimed, dong gross
Mary Jane Ryer and Mrs. Susan A. Tier; that
the son being fearful Of one OF his sisters
Violence towards his mother for alleged interference
with his interests in the matter, he finally prevailed
upon his father to execute deed to him for 100
acres Of land, but subsequently
. FOUND A CUSTOMER
for that portion of the property In one Mrs. Anna
0nd got his father to sign o deed to that person,
$4,000 Of the purchase money being paid TO the son.
who, after giving his mother $4,000 as her dover
and mortgage for the $4,000 from the pur-
chaser having In the meantime left the deed given
to himself unrec0rded. The remaining property OF
the testator, consisting OF house and about forty
OF land, valued at SS0o0o also personal prop
viii was to be equally divided between the three
children, viz, John Bussing Jr, Mrs. Ryer and
The executor and residuary legatee under the
will. John Bussing, Jr appeared IN person, with his
counsel, W. Fl. Robertson, while the contestants,
their legal adviser, r. W. Van Pelt.
James Williams and Nathaniel Berran, having
they saw John Busslng, ST., deceased sign the win
in question: and that they respectively signed the
instrument as subscribing witnesses, and tnat They
considered the testatOr OF sound mind at the time.
TESTIMONY OF THE LEGATEE.
John Bussing, on being examined Dy counsel for
the contestants, testihed as folows-I am the son of
at home '' With III him. he was never " Confined
he first s co@enced lying IN bed ii The Daytime II
the fall of 1S47; this WIN was made between five and
l never spoke to him about 1t IN his office;
knew nothing aboutits being drawn; have seen
Judge Scrugnam at the house several times; knew
showed it to me- did not tel Mrs Ryer that 'r rot
tell her that mad spoken to Judge Scrugham about
DRAWING THE WILL
In his Office nor that had fixed q time for him to
come to the house to have it executed; my mother
showed me the Will about ten years ago: took the
viii once to Samuel N. .Purdy, at West Farms, to
get his opinion abOut 1t; something relating
to the provision made for my mother;
did this with my mothers knowledge, but without
VIII back and gave it to my mother: don't know
what she did with 1t; the farm the Will gives was
where we then lived; my father was a little over
eighty-three years old: about years ago we sold
the homestead; the farm was sold to
MAN NAMED CASE;
he to pay 100000 for IT, and paid SIS 900 at the
execution OF the contract, $4,000 more when the
deed was delivered. and gave mortgage for the
received $4,000; the business was closed at the
house; think the money was paid In two checks
OF case, one 10 me OF @ZOOuO ana one TO NOME
Of 1000; the 5000 FIRST payment check pay
able to my order; got the money and kept 1t; Mr.
Morgan, o lawyer In Pine street, New YORK. brought
the contract to the house; myself, mother, Mrs.
Knapp Mr.. Morgan, MIR. Case and his vile were pre-
sent; think my mother or M. Purdy presented the
deed to my father TO execute;
DEED WAS PREPARED
some years before by Mr. Purdy from my father to
me; this was AT my request; it was three Or four
saw the deed afterwards, but l think 1t is In
Mr.. Purdy's possession; asked Mr.. Purdy to make
ont 6nn6 of nf1o To ma ut w fnfh nr
quest, because did not consider the Will as
sale, and should have nothing to show If the will
IN the house for about ten years. and In danger
OF being tempered with; mean my sister, Mrs.
Ryer; she used to come up there and have
PRETTY HIGH WORDS;
she talked as though she would assaf or destroy the
Will; she was bitterly opposed to it, and took this
cording TO Mrs. Ryer's view was getting too
much and she too little BY, the terms Of
to take The deed back to my father to sign and that
II had been there before 1t would not have gone
presence Of my mother and Ellen Ryer that
1T LOOKED VERY BLACK
against me because my father did not sign that deed
Abby Ryer that he should sign that deed and at the
same time strike your fist against the wall with such
force as to make hole there. which still remains
pasted over? A. did not.
Examination continued have Cases mortgage
@ 10 g Of +
msw york; h ns hG y m in th the
way; he paid me nothing; l collect
and receive the interest and use the money for my
own purposes; Mr. Briggs IS cousin Of mine; he has
no particular business, but owns some property;
do not know where my sisters were when the deed
was made to Case; they
DID NOT GET DOLLAR
OF the proceeds; my father owned the place long
as can remember there was mortgage on 1t; l
did NOT consult my sisters in regard to tue sale to
Case; Mrs. Duryea, daughter OF Mrs. Ryer, lived in
the house most of the time and had an
opportunity Of hearing and seeing what was
going on; she was there before Mr.. Purdy
brought the deed for my father TO sign did not tell
my rather In her presence that he must sign the
deed or would leave the place never used any
VIOLENT OR PRoFANE LANGUAGE
to him; did not strike at my mother, but struck
plasterng; I had overheard my mother interfering
with my father In regard TO the will;
sho wanted him to make some altera-
tions in favor of my sisters, and that
excited my anger against her; do not recollect my
father Swing "For Gods sake do not KIN your mo.