The New York herald., 1873-11-16
A MICHIGAN SENSATION.
Bishop Simpson, Of Philadelphia, in the Cons.
tested Duncan Will case-The Oil Wells
That Yielded Much Gold-Immense
Bequests to the Methodists Under
Alleged Mental Aberrations-
TIE Case in Court.


rich in the oil regions. He. too, sleeps well; but
his hers-oh how perturbed they. The gold
that filed the Golfers OF the dead and gone Dun
canis subject Of forensic dispute, and the trial
now In progress before the Circuit Court in this
county is attracting the attention OF the whole
Western country, from Dan to Beersheba, from
Lake Huron to the Mississippi. Nearly million OF
money is involved In the dispute, and no less o
legatee than the Methodist Bishop Simpson, OF
Philadelphia, is struggling for the shekeis which
the testator allotted to him. Let us get at the facts
In the Interesting contest.
In 1S49 Thomas Duncan, the deceased, his brother
William and their father, emigrated from the Green
Isle to America. They came to Pittsburg, where
the father pursued his calling as surveyor, ana
Thomas became clerk in the Novelty Works. In
1859 or 1860, having accumulated small sum OF
ready money. he invested 5000 in the oil regions.}
But petroleum flowed not from his well, and, hav-
ing lost his all he was about to re-enter the services
OF the Novelty Company when his brother William
gave him another 5000 and admonished him to
again bore into the bowels OF the earth LOT ita
oleagnous treasure. In 1862 he struck, and the
stream that thenceforth flowed was Pactolean, fox
IT'S YIELD WAS GOLD TO HIM
His well was q mine OF wealth, ana he kept sub
dividing his Oil farm, selling the land to other fore
tune seekers. Into so many hands had the prop
erty fallen that affairs were cQppicated, and not
having much Of turn for the management OF
business affairs, Thomas called his brother William
TO his aid. william conducted the business, re-
ceiving $4,000 o year and at one time an unset
diamond and at another pair Of gloves Butt
since the days OF Cain and Abel, brothers have had
MISUNDERSTANDING, and q coolness sprang up be.
tween the Duncans. The paternal Duncan died In
1862 The mother and her children, other than
those named, were made the recipients Of the
Kindness Of the deceased, who In his good fortune
did not neglect them. But he was capricious In
his favors, lor he was SICK at times and irrlta-
ble His memory was not gOod ana Cne
fortune that had been thrust upon him Was too
much for his general equanimlty. In the OIL
and was ever after weak minded and vaclllating.
The friends ne counted upon one day he reckOned
as enemies the next, and 1t would seem that
while constantly, growing richer In materiaI
wealth, he was losing that greater treasure
sound mind At least SO the contestants OF the
will would have US believe, aud SO the evidence
appears point. Whether strong or weak Of
mind, 1t was certain that he had deep religious
convictions and allied himself with the Methodist
not his piety, be was regarded as an exemplary
member And by none was ne more coraaiiy
esteemed than by the ministry OF the sect named.
for not only was he pillar OF the Church, but ne
was also foundation ana roof tree OF some parti-
cuar edifces, which rose into symmetry from tno
he REvIsr1s THE GOULD soD.'
In 1870 Duncan. who, by the way, had never
contracted marital ties yearned to tread the sod
Of the land which gave MIN birtn ana nasving ig
WISHES he ct to Ms reand Death sasS the
psalmist, is common to all. and as old Justice
Shallow said by way OF emphasis all men must die,
and in 1871 Duncan breathed his last, but noJ
before making the will which has created 30 mucn
disturbance. He had much difficulty In making
up his feeble mind, Tor the attendants in hls last
illness testify that he signed three different wills
within a few days OF each other, two OF which he
destroyed. His poor remains were brought to
this country by the sorrowlng mother and a
bereaved brother. In due time the will was
"a n
Caldwell street. Pittsburg. and $4,000 to furnish
it wttha. To his brother George ne gives his
property IN the oil regions including his interest
in Pithole City and Plummer. house in Ohio IS
devised to his brother James during his lifetime.
Another provision was the followlng:-
direct that the properties which hold at Battle
Greek Aforesaid Cleveland Ohio; 0hicago III W,scon,
leave q as.,s 3 disposed q lollcx::
and ansTa and tesamensary expenses and invest the
s ,hs and her
n q M that hsy h" s ae sn%
r the
not @ o amount mo- % 10 more @ tsan ss month and
the caahosa Fails be
9m s 70 - BY an aa the
The sum sum q Is M ss tor tno ss
niece sVs pad
Of $500 his brother Francis receives $4,000; his
Here were other provsions:-
To the Rev. Matthew Simpson, Of Philadelphia conn
Sn s0s sn s the he assnSa % % a
70 James Long, Of PhiIadephia Aforesaid, leave and
fsfasSs, sssar ss sa% G %
sea saG he s Ss Il q s $
% s n I psSs4 ssSs ans o
Aforesaid, iieays and 6saaean the ssoeoS The
be her On to h ss ss n ns Ssb % be
sS Foos Of any the assosHS ] sss sx s s and xnS
II O
be aSs a sm hare and s r. the
s
esse sss s''n 'ns same 'n' form part q my
and beansath towards the finishing of said church, tho
Ireland direct that remain. be
that my executors Shall apply ssooGo In the ereehon ola
monument over the grave Of my father and myself.
Methodist Episcopal churh in Pittholc City.
The following provision showed the bent OF the
Duncan mlnd:-
A. to the residue Of estate II any direct that my
said executors shan apply the same to whatever religious
10 sSset ey may M ss bu my
toned, then my will Is that each OF foregoing
otner and brothers, shall be- proporonsey reduced
to meet the deficiency.
That the deceased anticipated trouble is apparent
from this provision -
And hereby declare that my for omitting my
broth brother wv Wiams lam name % and my sister Mary james
provided FOR them and also declare that any OF the
parties named in this will shall dispute or contest
the validity thereof then will is that the beques and
to .usa party aSd ss ana a ss
son and James Long OF No 2u3 Church street. manuac
turcr, both Of Philadelphia, IN the United states OK
America, As executors Of this my said will
William, being OF very sound mind and protest.
ing that the Methodsts had altogetney the best or
the dead mans shoes, concluded to contest the wI,
and hence the present exciting trial. The best
time being the Methodist Bishop has deserted his
living nock TO look alter the assets left to the
holy Church by the dead lamb. The contestants
are seeking 10 show that the testator had frequent
spells OF aDerration and that his brain must have
been affected. Upon their side they have arrayed
the best medical testimony which money could
command. The other side are not wanting In ex-
perts, and while one side says that the Ol0 dead
Duncan was not In sound mind when he made his
WILL the other and Methodistic side maintain that
he was. At present writing the battle RACES with