New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-09
BONARD'S WILL VALID.
SURROGATE HUTOHIEGs ON METEMPsYCHosfs--A
DISCIPLE OF PYIHAGORAs NOT NECESSARILY

| SURROGATE HUTCHINGs ON METEMPsYCHosfs--A
DISCIPLE OF PYIHAG0RAs NOT NECESSARILY
A LUNATIC. .f
Surrogate Hutchings's decision in the Bonard
will case has just been rendered. Louis BOnard, a
native Of France died in this city on Fob 90 1871 leav
ing will by which no bequeathed all his property. real
and personal to the Society for the Prevention OF
Cruelty to Animals. In the Will he spoke OF Henry
Bereh as gentleman whose laudable, untring. aud
humane exetions behalf OF the dumb portion OF Gods
creatures have elevated him In my estimation far above
any other man know heard Of" When the
will was offered for probate opposition was made
TO II on the ground that tho testatOr Of
unsound mind ne having expressed tbs belief at diff
ferent tmes that tho souls Of after DEATH passed
into animals 1t was therefore, urged that this belief
was insane deus0n, and that II so affected his mind
against the natural claims OF relatives TO influence
him to bestow oil his property real and personal upon
the Society for the Prevention Of Cruelty to Anima
named as the sole legatee Of tho will In question There
was no important evidence sdduced otherwise tending
10 show an insane mind. He man OF fair oduca-
ton and intelligence; his habits frugal and tenn
perate he his personal attention. to his property
which. by his Industry andi watohfulness had aocuu
lated 10 a large amount
In his decision Surrogate Hutchings, after speaking OF
the instincts OF the human mind which prompt
believe that tho spiritual part OF their nature
IN some shape and the different forms which tins belief
assumes among different says that this doctrine OF
Inetsmpsy Ghosts, the belief OF PythaRoras Plato and
other ancient philosophers and accepted by many wise
and good OF modern times Is now, at this day,
accepted by larger portion OF tho human race than
those who roget IT, lie says. among other things
My reflections have led me 10 say that not
ID myself TO what would deem extravagant and
unjust stretch OF judgment OF court Of justice 10 hold,
upon the question OF the condition destiny OF the soul
Of man. after the death OF the body OF which
has moro positive knowledge than that which can be-
Inv md bpli
delusion TO be characterized insane, respects
potency to dispose OF property by will, for purpose.
which might otherwise than for alleged delusion
have been entertained but which purpose In itself
sidered is entirely rational and explcablo other
grounds,-is to be ascribed to who honestly and
sincerely had faith in tho doctrine OF metompsycho
SIS and who, having no family or any. near or
known remote relations bequeaths bis entire estate
mails IL appears TO mo that N judicial oioer should
assume that merely because map earnestly believed In
that doctrine he insane labored under insane
delgsioD or monomanla incapacaiing him for making
WILL II prompted by that faith, but though nlstent
with II, wholly rational In us proysions, II would no
fail very far short In principle OF assuming that all
mankind who do not believe In the particular faith
more or ess insane or the Victims of an insane denson
1t not strongly claimed that the toststor
this subject Of tho transmgraton OF soas and that
Sequence Of hat he made the will in question He had
relatives known 10 him none had followed him in his
taken any interest In his welfare. comfort,
happiness ana pot gnui aiera long NE; In
promulgated, here and abroad that quito fortune Is
left IA there any claim OF relationship 70 him, and IL Is
not vet clear 10 that single heraiaw next OF
Kin in fact presented himself although months ago
"A commission issued to France at the instance OF
the Consul General TO take proof on tho subject but
not yet returned as executed.
The Surrogate therefore decides that the win was
properly executed and that the testaor Of sound
mind. Allegations were made however, against tho
validity OF the requests contained In the will The Sur
rogato holds that the bequest Of real estate TO tho soo
ETY. Is void. II has authority. by ii charter " take