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

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.
Greeley Deceased-Robert 8. Hart ior Ida L. Greeley,
5 SSeass sussSiaa s
Sent Of the win Of January ISL '''' anu pr0p0'
ss Sds "s S L
MAI M oeng Inc IN an earlier alleged
s and NJ pzSpOundcd the latter will and claimed that
49, WAS VOID FOR LACK rEsTAMENrARy CAPACITY
tn The thus became and the question
%ns The % Of the last will and
sxnmnsd and ND made out p,a ss for its estan
tending to show that the decedent not the time Of
by reason OF unsoundness OF mind.
an early stage In the @ Of the case and ser
~ aap as
Greeley had executed delivered her younger sister
conveyance OF one equal half part Of all the property
M: Greeley he s
status in Court and NO right to contest the samS
IA II MS Ms hsk they were wrong Our statutes
f Ss bare A1 OF an
en aeeH Wa ne e the pey
Surrogate 1853 and 1897 The executors named in the will
HAVE CLEARLY ny STATUTE AN EXPRESS RIGHT
to have that will proved if they can establish the fact
SsS %SSs.uS % as
al obstacle lev in
this pw e Ss to s sy 81
u
Executors sS The probate FOR letters Iestamenary
his Interest rom the viii ITSELF and the y properly
death psyt0n's gs.rssa'e as siIios Williams TX
established as the valid last Will then the ii tile would be
n Thus he and contestants are try
named in Tho THE &c Gn Up Ss a1
legacy and had right to expect the executor" 10
loo after It's interests Al the close OF the contest and
tesan sessd reasons imatersl 70 the decision SION
S rs a @ Snds
her sister any further effort e establish the win OF 1872
ses G% The s s
p aa to int sf @o
Ihereupon the executors produced the usual formal
saSs
be done in this any The statute says:-
Ale and preserve an aidayi,s, petitions %e1 AZ ~
the s Citation Gbe the sSrPosate the
b him In Al such sss Ine
mony BY s1rrogate relation e the proof q
part the books OF his office. oh 49, 10 The snr-
me lei asyrs Of a ns 4Sa
and he lind against it shall the upon
which the decision Is made &cG6 I5o g. RE sur
which shall be entered all inmates Of proceedings &c-
It viii seen the language of these provisions is
imperative, and that the -.
The testimony and proceedings cannot therefore ne
be made f i
however, be competent for al parties being ADULTS IN
ssh a By tss n' s
,s make a here TN Of regard e To
such adjustment encountered infant is party to
his ss Counsel cam make any admissions Affecting unayor
ably the interests Of the infant This i well established
@ SosSsp ID SO
snd he In vice ae
FAINT taken in the under the objection OF his guar
Courts have in sanctoning the act Of the guardian
al en, In declining contest IN relation 70 the nanrs
but that case clearly has no application here All these
cases as well ali elementary works the subject, in
THE TENDER soLIcIruDE
with which all Courts and protect the rights OF those
sS lay bs o. be-
sof allow he
1872 aud propounded the win testament Of the
s % III e5Rsn e StS e fssF
the last will and ought 70 be refused probate Lmws
PToseednss relating e the win Of ls,s and
equally impossible to accept or consider any sucn ad
FAINT it would remain my duty to consider, how
Sa Rs SsHn
ectcd. In doing 50 tins embarrassing fact Is encountered
outset-that the testimony Oh either SIDE Is inco
plete and fragmcntary ,o-,
is concerned In the midst OF the evidence on the part
the for q aSd %r str
70 ne Of hs he s to ao
objection seemed to be made counsel Tor contestants
apRs9s Necessary lis
this I e 70 ahe
mine In every case testator Is presumed TO- oe sane;
Of witnesses generally % pc 70 sh the
effect that hsy Sa ,e Here The ubscrSns wit
nesses testified to compliance with the usual ormaues
or SOUND AND Disposiso MIND
and time
Mace than the the execution the prepayment
nys aas u Tie
%s or or s s these wall
Of making will Sy re- Ss 81 go tSe se
DEGREE Of nuieness testimony which the contest
ants a0du'ei VIEW VIEW TO ESTABLISHING rssAnrrv.
suGs G Say hss s % & "
1917 in his acts appearance ana convernsaon d hd nea
cs Sns that this condition coninaea down 9th da!
ia aS Sr KS ns q w a
marked and unusual character as to leave no doubt
|
To about 10Th OF November when he removed b.
bis friends to the private asylum o. Dr. Choate nea
From that date few hours h his death
ON the 23th of November, we have no direct eydenc
ss to his bodily or mental condition Upon this ey
dence connection with the peculiar PROVISIONS Of III
will the light OF the fact as alleged that Gabrielle wa
ANYTHING his favOre, and the contrast between IL an
other wills therefore made by him. and the further lac
that in he dominates executor when In 1871 he ha
urged upon his friend A. j. johnson the chief
why ne should make will that he could thus appoir
his executor, would seem to be the grounds upo
| which the contestants counsel relies
| KsrADLtsHSC TEsTANRNrARv IyCAPACfTY,
and far overcoming the testimony Of the subscr
ing witness 10 again the proband upon II
prepayment In this inclined TO believe he Is RICH
To the most Of It, the evidence Of the subscribing wi
nesses Is very meagre and unsatisfactory when we CO.
slider the precedent facts Here was person who ha
manifested such papabe indications Of unsettled
as TO his most cherished intimate friends u
| hveliest anxiety, who was by their advice and und
| their direction
DOUGLASS, REMOVED TO THE PRIVATE AsrLur
| Of eminent physician, who made the treatment
diseases OF the brain specially and who remained u
der his treatment until the disease eliminated In deaf
At the time OF the Jun OF the alleged WILL and, ndee
during that day no woid was uttered by the dying nj
other than the monosyllablcs WELL Eyes and "No
response TO questions put 70 him. When hrst asked n