The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-01
REV. DIR. GRAY'S ESTATE.

How He Disposed OF His Property and
the Various Contingencies Upon Which
the Disposal was Made-A Codfcf1 to
His widows VILLA Former Actress
In the Casc-Retrial OF Issues Of Fact.
Large numbers still living in this city remember
Rev. DIR. Gray, the first pastor OF the Allen street
Presbyterian church. This event runs back forty
years ago. He died in 1885, the closing years of his
life being however, employed as tract missionary
in the Fifteenth ward. He left widow and
two sens. One OF these sons, DR.. Henry
NJ. Gray, become prominent physician
in California, and the other, DR.. william NJ, pur-
sued the same profession in this city. His real es
tate consisting of Nos 1O1 and 1903 West Eleventh
street. he gave to his vile during her lifetime.
PROVISIONS OF HIS WILL.
He provided in his will that in case of the death
his estate should be converted into money by the
sale OF the real estate and other property and that
one-iourth OF 1t should 60 to the American Bible
ton Society, and the other half to whom his widow
should by her win appoint. Both sons died before
which she appointed John Crolius pnd Sarah Stark
executor and eXecutrlx and trustees In January,
1870, she executed a codici to her will. by which
she undertook to devise one OF the two houses TO
Sarah Stark. In February, 1871, she executed q
second codici, renewing Sarah Stark as executrix,
and revoked the devise to her OF the house. The
Surrogate, on trial before him, rejected the last
codicil and admitted the first codicll to probate.
the General Ter on appeal, sent the case TO Jury
to determine as to the mental capalty of Mrs. Gray
at the execution OF the second codici and whether
either of the codics were procured by fraud or un
due influence. The case, which has been on trial
before Mr.. Justice Barrett, at Supreme Court Cir
cult, Tor two weeks, was concluded yesterday II
appeared from the testimony that DR.. William NJ.
Gray aud
SARAH STARK
had been engaged to be married for several years
previous to his death, but that the marriage was
postponed on account OF his ilhealth. While, as
stated above many will remember Rev. DR.. Gray,
very many more will remember Mrs. Stark, the
quondam actress. She was first married to Kirby,
the we'll known actor of the American flag mem
pseudo-death, ifter periodically envelopng
himself IN the American ensign, end gen
eral desire to witness such death, originated
the memorable remark "Wake me up when Kirby
dies. Subsequent to Mr.. Kirbys death-that Is, Ills
real death-she married the actor, Mr.. Stark, and
the latter's widow at the time OF her marriage
engagement to Dr.. Gray. BY the Doctors will she
was lett quite an estate, and alter his death con-
tinued to live with and take care OF Mrs. Gray up
to April 1870. Mrs. Gray, besides being old and lee
BILE, had, previous to her death, two para
lytic strokes; and after the latter stroke,
IL Is claimed by Mrs. Stark that she was incompe
tent to make will or codicil. There are some
twenty-five residuary and specific legatees, and the
property in question: which is valued at some forty
thousand dollars, has been q serious bone OF con-
tention among the contendng parties. Mr.. Henry
Whitaker and eX-Judge Birdseye were counsel for
Mr.. Croius, and ex-Judge Homer A. Nelson and A.
Anthony for Mrs. Stark. The jury went out late
yesterday afternoon, and Judge Barrett, after wait
ing over an hour lor their verdict, gave directions
that they bring in sealed verdict this morning.