The New York herald., 1873-02-13

Decision as II . Decision.
We congratulate the Surrogate of West
chester county upon his decision in the case
of Mr.. Greeley's will. In the language which
Jack Bunsby employs when ecstatically feel
ing Captain Cuttle's bumps, we exclaim,
''There's wisdom for you-chunks of it'll"
The chunks hurled at the pubiic's head by
Surrogate Coffin ought to render him eligible
for any Office in the State. We cordially rec
ommend him to the consideration of the Com
mittee of Seventy.
Admitting that the witnesses are non-ex-
perts, the learned Surrogate deliberately pro-
nounces Mr.. Greeley insane and the will Of
1872 invalid. We expected no less He thinks
it unnecessary to detail with any degree of
minuteness the testimony adduced by the con-
testants with view to establishing insanity
The public think otherwise. When the law
takes wills into its own hands every detail
should be recorded in order to satisfy
justifable suspicious. Surrogate Coffin
considers it sufficient to say that
Mr. Greeley's eliminate associates OBJ
served alteration of the mind as early as
the 1st Of November /; that this condition con-
tinued down to the 9th of November, the
date Of the will in controversy, from which
time 'until o few hours previous to Mr..
Greeley's death, we have no direct evidence as
to his bodily or mental condition" Having
no direct evidence and receiving no opinion
from any expert competent to speak authori-
tatively, the Surrogate sends in verdict of
insanity. The Surrogates impartiality in ad-
vancing proof is worthy of all praise. He ig-
nores such eliminate associates as swear
that, although ill, Mr.. Greeley was not really
out of his mind. He ignores the editorials
written four days after the last will, abso-
lutely daring to say that from November 9,
we have no di,ect evidence as to Mr.. Greeley's
bodily OF mental condition If forcible
logical editorials are not direct evidence, what
are they The Surrogate informs us that
''soundness and perfectness of mind are held
in law to be absolutely requisite in
the making Of wills, the health of the
body merely not being regarded" con-
sequently Mr.. Greeley's evidently unsound
body in no way incapacitated him
from makns-a will We contqnd, therefore,
that if Mr.. Greeleys mind was sound enough
to write for the public it was sound enough to
make testament; but Surrogate Coffin rises
superior to argument Original in his method
of reasoning, the Surrogate may be original
enough to consider the writing of ineligible
articles the greatest possible proof of Mr.
Greeley's hopeless insanity. Perhaps it is.
AS the learned gentleman does not know where
the last will was written or the circumstances
connected with its discovery, thereby infer
ring foul play on the part Of those nearest to
Mr. Greeley he disbelieves in it. Henceforth
when wills are not written in public and every
circumstance is not familiar as household
words, the law, which is supposed to give the
benefit of the doubt, shall assume these wills
to be fraudulent Surrogate Coffin is truly
one breathing mass of wisdom.
Having settled that Mr.. Greeley was mad
when he drew up the will of 1872 the Surro-
gate asserts that there is not sufficient proof of
an interval Of reason at the time of the fac
tum. Is there sufficient proof of the reverse?
He allows that there was change in Mr.
Greeley's mental condition few hours pre-
vious to his death, and ''intimate associates
have sworn to his sanity during that period,
but, being witnesses in behalf Of the will of
1872, of course their opinion is worthless. 1t
is only the supporters Of the previous will
whose word avails aught with the judicial
mind. As an evidence of Mr.. Greeley's intel
lectual alteration the Surrogate states that
when asked, with his eyes closed, whether the
paper of 1872 was his last will and testament
Mr. Greeley said "No;'' but when he opened
dying man said eyes" It seems to us that
this looks very like reason. The Surrogate at
taches ''very slight Importance" to the fact
that Mr.. Greeley at that time recognized Mr.
Reid and pressed the hand of his friend to his
breast while we, having noted the action of
madness, think this fact, when taken in con-
nection with the will, Of very considerable i'm
pcrtarce. The Surrogate confesses that these
circumstances are not inconsistent with sound
ness of mind but as it ''strikes him they are
not inconsistent with continued unsoundness,"
he writes down 'mad,' and hugs his per-
spicuity to his Dogberran soul We are
prompted to buy farm in Westchester county,
that we may come within the shadow of a
Coffin and be able to obtain the counsel of
Williams.
The Surrogate refers to the ''tender solicitude
with which all courts guard and protect the
rights of those whom the law considers IN
capable Of managing their own atiairsi