The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-30
SUsR0GAIt'S COURT.


BEFORE surrogate ROBERT Y. HUbCnlnRS
This case, after full trial, has been decided by
Surrogate Hutchlngs In favor OF the will, and in
rendering his opinion he said The will OF Mrs.
Catherine Fay was proved and admitted to pro-
bate September - 1859, az Will OF real and per-
sona estate. on September Is, 1870, allegations
were filed against the will by Mrs. Anna M. Miriam,
the sister OF the decedent, In her own right, and
claiming also assignee OF a brother and sister Of
the half blood. The allegations were:-
Erst-That the formal execution Of the will defec-
SecondThat the tesatrx was Of sound and dispos-
TdrdThat the win procured by fraud, circumven-
ton, undue influence and coercion.
The property OF the decedent consisted princi-
paly OF house in Third street, In this city, and
life interest in the sum OF $4,000, with power to
dispose OF the same by will duly executed, which
was given her by the will OF her cousin DR.. Jacob
Harsen. BY the terms of DR.. Harsens will
the principal of this sum, in Mrs Fay failed to
named In his will and not to any Of the contest
ants In this proceeding. Mrs. Fay was grand
daughter Of Jacob marsen formerly Of Bloc, Blooming
to the Testimony Of Asa /. shlpma1
and DR.. N. NJ Freeman the subscribing
witnesses, the win in question was executed
in due conformity to law and in their Judgment the
decedent was OF sound disposing mind and memory.
The testimony or the witnesses FOR the contestant,
taken as whole, amounts only to proof, not OF
want Of testamentary capacity, but only of eccen-
trcity: but In no wise characterzing her as an In
sane woman. SO far as the evidence relates to her
management OF busiuess-which Is a fair test-there
il no material fact that indicates any such weak
Of mind as to show an inability to understand
the nature, importance or effect OF a testamentary
act or TO render Ii probable that her free Will would
or could be in any such degree liable to undue in1u-
ence or imposition az to raise presumption that the
will in question was not her free act. or to demand
any extraordinary amount OF evidence on the part
Of the legateea to explain how and why the will
came to be made In their favor; but, so far as the
capacity and free will Of decedent were attacked bv
contestants evidence, the proofs furnished by the
legatees leave the case free from all reasonable
doubt as to the validity OF the will. testator
has the right In law to dispose OF his property by
WILL to the entire exclusion OF his Kindred, IL pos
sessing a sound mind, freely exercised In this
case the surviving next OF kin were sister OF the
full blood and some collaterals OF the half blood
There was but little Intercourse between the sister
and the decedent during the last year OF her life
and no evidence OF any intimacy between any Of the
other next OF kin and herself and consequently IT,
cannot be believed from the evidence, that there
was any marked affection between them, whereas,
on the other hand, the decedent had known Mrs.
Hannah ]. Allen wife OF Horatio p Allen from her
childhood, and the latter had been the legal adviser
and friend ofdecedent for years, and she had often
declared her intention to favor him by her will. and
there Is therefore, = rational explanation OF the