The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-07-04
THE COUR rs.
The ROllwagen viii and COdiclS Rejected by
Surrogate IiuichiDgs.
THE RAILROAD BOND FORGERIEs.
POWERS OF HARB0R MASTERS.
Jurisdiction of the United States
District Courts.
THE ROLLWAGEN WILL CASE.


clslon Is embraced in very lengthy but clear and
comprehensive opinion. tie touches upon all the
points raised on both sides, analyses the tesn-
mony with the most scratiniziRg care and an
nounees his final conclusion with power Of logical
sequence as seemingly irreiragabie as II s positive
THE rEsTAroR FREDERICK RoLLwAGEs.
in giving preliminary sketch OF the dacedent
Surrogate Hutchngs stated that he was al the
nme,of MS death Of the age OF sixty six years.
He was native OF Alsace, one OF the German
provinces OF France. and was, as his name
would Indicate OF German lineage He came
10 America in the year 1929. He died on the
18th OF october, 1873 leaving as next OF KIN and
heirs at law three adult sons, all married, The cid
est OF whom is iorty years OF age ana seven grand
children, the IA niy OF dec eased daughter
Mrs. Sarah Browning. The three sons and
the motGer OF the seven grandchildren
wore children born Of his first marriage
About the year 1866 he contracted
second marriage, Of which there vas no issue, the
VIE only surviving her marriage about year. On
the 10th day OF September 1871, he was married,
for third time, to MaGdaiena Hermann, who sur
wives him AS widow. The decedeut was by occu-
patton a butcher, and by strict attention to bush
ness, thrifty and economical habits and judiclous
Investments IN real estate he had accumulated
real and personal property worth, at the time Of
ms DEATH ABOUT $500, 0o0, much the larger portion
rHE CONTESTED WILL.
The two papers propOunded for probate, respec-
lively as the viii and codcll of the decedent and
which the subject oil controversy, were exc
cnted. according to the claim OF the proponents,
the will on the 18th day OF June 1873, ana the codlci
Oh the 9th day OF September OF the same year
BY the provisions OF the first paper the widow
IL gwen, absolutely, the house occupied by the de-
cedent at the time OF his death, known as No. 3I2
East Ninth street, with all the personal property
therein, for her own use; also third OF al other
personal property, absolutely, besides onetnlrd OF
the and income OF all his other real estate for
lie. The remaining personal property rs to be d.
vided IN our equal shares, one share 10 oelong TO
eacn Of the sons ana the remaining share to be
invested for the children OF his deceased daugh-
Children w When they snali respectively attain The
Hge OF twenty-one years. 1t directs the remain
ing part OF the rents OF his real estate 10 be
divided INTO Jour equal shares, one-foarth TO be
given each OF his sons and the remaining fourth TO
be invested Tor the benefit OF the children of Mrs.
Browning iturther directs that none o ms real es-
tate shall be sold disposed Of or divided during
the lifetime his vile, nor after her death, until
the youngest OF ms grandchlldren, then living
shall have attained The age OF rwenty-one years
u provides that MS children shall only have the
income OF his real estate during Their natural
hives, and that the lee thereof shal become vested
IN their issue, them surviving, and the surviving
issue OF his deceased daughter, Mrs. Browning,
when the youngest OF has grandchildren then liv-
iDg snail ha 5e attained the age OF twentyone
gears. It provides THAT Henry HERMANN the
brother OF the widow shan let and rent all his
real estate and collect and receive all the
reDIs, and snail receive three per cent com,
mission the gross amount collected; and
70 appoints his wife, Magdaiena, eXecutriX, and
ner brothers. Henry Hermann and George Herr
the will rhe witnesses to the alleged Will are
Joseph Bellesheim, OF West Mount Vernon; Dr;
street. and John rheisz OF No. 33l East Ninth
street.
The paper propounded as a codlcil recites that
whereas by ms viii the decedent has gwen TO his
vile the house No. $40 East Ninth street, with the
personal property therein mentioned; ana mr.
ther that IN order 20 better her condition, he de-
10 Ge6 soa a d T%I ao Avenue aa and
further, that by his vii he had made no provision
Sor any child or chi 0ren who might be porn alter
wards ny MS VIE, ne therefore, gives, ue-
vlses ana bequeaths 20 eacn OF such there
alter born children an equal share OF his
estate, rea. and personal, IN tne same manner
A. beoueatned 10 his children named in his Will
ana tnat all o. his children born ana 10 be born
shall each take equal portion or share oil his re-
naming real and personal estate, instead OF one
iOurth part, stated IN mis- viii; and he confirms
ana ratines his former viii IN all particulars other
tnan those changed by tue cOdiciL The same per-
sons were the subscribing witnesses 10 the codicn
a. 10 .he viii. An OF the children o. the decedent,
VINO are OF adult age, The youngest being twenty
two and the eldest lOrty, and his grandchildren,
the children OF Mrs. Browning, contest the valid
through their special guardian. The sup
porters OF the validity OF the papers are the
named also As eXecutriX OF the wil and her
brothers, Henry and George Hermann, named
therein as two OF the executors. Frederick Roll
wagon, Jr, the eldest son OF the decedent, and
wac Is also appointed an executor, did not join In
the petition Tor probate.
tne contestants flied objections 10 the admission
o the papers 10 probate, IN substance, as fol-
lows:-Ihat the papers were not the VIII and cod
icIi OF the decedent: that the decedent did not
sien the papers, either OF them: that he did not
sign them tue presence OF each or either OF the
aJtesung witnesses; that ne did not acknowledge
the subscription TO the papers, or either OF them,
to each or any of the subscribing Witnesses;
tina, Il he did so subscribe lnem or either OF the m
al the time OF the acknowledgment thereof,
n he so acknowledged them ne aid not declare
them 10 be ms last viii or codocii thereto re-
sfectlvely; tnat the attesting witnesses did not,
or either oil them, slgn IA such at the request OF
lh.n IHFf lhlf astnnf u-ao mt ar he
time the papers purport TO DE executed, possessed
OF testameGtary capacity that the execution OF
tanned by fraud. crcumventon and undue indu-
euce, practised upon the decsdant by Magdaiena
Hermann, otherwise calico Magdalena KoNwagen,
claiming 10 DC the WIDOW OF the decCdent; Henry
hermann, George Hermann, and then mother. and
Jonn lhelsz one OF the subscribing witnesses there
10 that the papers not Freely and voluntarily
executed by the decedent, but tuaJ the suoscrlp-
tioD to each OF them ana the puohcaton thereof,
u subscribed and published by htm were procured
Ivy fraud, restraint ana coercion exercised upon
him by me same parties, anu that each OF the
papers is invalid IN Jaw, illegal anu VOID 10 eacn
and every provision thereof 4 posthumous
daughter corn Of the widow also appears by her
specia guardian as contestant, upon su otantally
sue same grounds as those above stated.
THE TESTIMONY.
In ALL stxty-eight WitH esses were examined in the
ryo,eealng aud Their testimony Isvery volpminous,
covering over 1880 printed pages. The testimony
was a. NAV be judged rom the above statement
o. Inc case. OF very contradictory character Inc
ieadi8g Iacts in Inc testimony were that the de-
ceased, when old anu nirm rom sickness, mar
flvN NS hOuHchtt ptl' hN lsthhliJ VI $3.50
mo sous ant daughters, some OF whom were mar
red The paper offered a. q will was in favor OF
the second wife, MS former housekeeper 10 the
almost complete exclusion oil the sons ana daugii-
Iers wAO contested the viii on the ground OF
nudue influence oa the part VI the second vile ana
her brothers; tnat the old man > MUD was weak
that before bis dea and about the time the pro-
posed VIII was made lie was kept almost contiBu-
ally under The influence Of hqnor, and that be
gouio not OBJECT 70 the paper offered as his viii,
wnlcn Vas drawn mp solely under direction Of the
wIie and her UrOthers because Of his inability 10
articuate at the Tune. 0i course this testimony
was, 30 great extent, as already intmated,
pontradIcted.
rnE sURRoGArE's CONCLUSIONS
Considering the salient leatures 81 the case the
Surrogate first discusses the relations oil the par
tiea 1Ihc number aud relations Ol dccedent;s i'm
mediate kndrcd show ne holds tile pro lorma will
o, lneQutapic IN It's prONisiOns lie dwelIs at
eagtn the physical condition and habits OF the
decrdent. ana shows their elects on nis mind and
testamentary capacity. his conclusions on these