The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-11

A Wastchester Surrogate PrOnOunces the Good
Old Philosopher to Have Been Insane.
The Will Of 1871 Admitted to Probate and the
Will Of 1872 Thrown-End Of the Dis
graceful and Cruel Contest.

graceful and Cruel Contest.
The long-contested Greeley win case has at last
been disposed OF in what may be called an unex-
pected, II not very summary fashion. Surrogate
Conln, OF Westches,er county, yesterday, in the
Court House at White Plains. gave his written re-
port to the reporters to be copied, and it is given
below verbatim. 1t reads very like an essay on
the law Of Surrogate, and the Surrogate takes 1t
upon himself to pronounce Horace Greeley to have
been insane and totally UNIT to make will The
Will Of 1871 Is admitted to probate, and gives
$4,000 to the Children's Aid Society, $4,000 to
lady in Mr.. Greeley's family, and farm in Penn
sylvania to William Barnes Greeley, brother OF
deceased, besides some miscellaneous legacies
The rest Of the property is divided equally be-
tween Ida and Gabrielle Greeley. The vanity OF
human greatness and publicity could have no bet
ter proof than the fact that there was not single
soul in the Court yesterday to hear the opinion Of
the Surrogate read excepting the two reporters
and the County Clerk, and SO the reading was dis
pensed with.
wEsrcnnsrER CouNrY sgnRocArE,s Counr.- In the Mat
ter Of Proving the Last win and Testament d Of Horace
pro s Of The viii d November is7s george r
Of Nm Isaiah Williams IoE contestants and prOpo
sT
viii OF the decedent bearing date January D 1871 sp
eSs r D s the latter will and claimed that
be determined was which was the last win and testa
iS he to that viii to be-
Sus % With Sf s ySsne
tending t9 show that the decedent not at the time of
CAPABLE OF NAMING WILL,
by reason OF unsoundnes OF mind.
At early stage In the of the and after
%s and
s3ss AZ ns f5ses.s
SsS
Ssh d Isi5 provides mat 1Re sxesaor deyisse q
%sy ysos VII S
interests sufficient eniie the party to oppose tesla
saaS sfss HE
n the the a they sny %
IN way win y u"asS
,e!a s II. ysvs 4
nct places rests in him in possession and did indeed
merely oPer9tye, az The sydence and not
al his
G nun s% 9s sR hs s
w ss %Sua be
he alleged r s gRssas and arc try
~ t., ,,o THE !. e1 UP E AID society," ,
IN tnS n % o 5ad not or
o,k after is interests Al the close the contest and
RE ria
her sister further effort y establish the win OF 1872
ad did not this
u as S d @ 81 e and "fa
Letters e. tar 1o n seemed s "
the tesssoy procecdnss relating to Il had been
soa no Be S his c o2 s ahs
THAT EVERY sgnaocaTk SHALL CAREFULLY 90,
ss$s$ss sss
Be before him. roes and
tons shall be reduced 70 wri.ingIdb a me
% Se Writing
= @ I $sf g
ns ys.S
which he decision maaS SsGb l5o S rS REL Sur
Mish shall BE- entered all minutes OF proceedings &c
It viii be seen that the language of these provisions is
imperative, and that the
The esony ana No possenss eTo be
Withdrawn but must remain as par the RECORDS ana
however be eompeten for Al, al parties being Adults IN
sus So a By enter on the mnate to aahoz
Me COURT e make decree n Of the terms of
s% s sS aaus%snt snsoansred party
hs cam s ee or
ably the interests Of the infant This Is well established
S s%, f. s
81 the vce S Of an m
FAINT taken in the cause under the objection OF his guar
right Ia q
but that case clearly has no application here All these
disats a' "' 40 "" ''''' WI =" ''''''' III
THE TENDER soLrcIruDE
with which all Courts and protect the rights Of those
whom the law conisrs rs incapable OF managing the,
the" for Inc prepoent Speaking for both Children
the win !, O. g % s e aa Ss
s12 and propounded the last viii and testament Of the
ss dc than syS rrssF
s ai M ana sn 70 Ss @
the proceedings relating e the win Of s2 and
hsSe by or OF e @
n would seem n, to remain duty to
upon the testimony which shall be admitted and which re;
at the outset-hat the testimony Oh either side Is incom
is concerned II me midst Of the evidence on the part
ant s o the
the request OF those whom they and
viii q ISL admitted . probate !h,s eoqfss
appears therefore to have assumed that no uter tes
ony necessary on his side and the matter was in
this somewhat anomalous condition, and without
by the learned counsel left 70 the Court TO deter
mine In every case testator Is presumed TO be sane.
10 this presumption Is usually added the testimony
Of subss riding witnesses generally non o the
dsposing mind and memory. Here the subscribing wit
neses testified to compliance with the usual ornates
BY q person whom they considered
or SOUND AND DisP0sIN0 MIND
and ThereupOn, and without regard 10 any
facts circumstances occurring at any other time
place the of the execution the proponent
held made out prtmd acie and the burden
Of proof thrown upon the contestants o establish the
ties had been complied WITH that the esator
inc apabe OF making will by reason OF unsoundness Of
mind They sought TO assal its validity the latter
ground. II Is perhaps unnecessary to detail with
degree Of minuteness the testimony which the contest
ants adduced with
i VIEW TO EsrABLI SIZING INSANITY
Suffice II to say that the intimate associates Of the de-
observed at least carly the Isl of NOYember