New-York tribune., 1874-07-04
A FRAUDULENT WILL.
THE CONTESTANTS IN THE ROLLWAGEN
CASE SUCCESSFUL.

The case of the probate of the VIII or FRED
eriok ROnwagen deceased, which has Deen on Iia Ioi
some time In surrOgates Court mas oeeh al S' ue
cded IN favor of the contestants The case has been
very remarkable one involving property worth mil
hons ~ dollars I'm value and the taking Of testimony oe-
euped over four months during which time no unneces-
.ary delay occurred The following synopsis oil the
case
trederck Rollwagen at the time OF his death was &C
years Of age. He was native Of Alsace, France but
was OF German lineage and spoke the German Ian
9uage He came to America in 1929, and died on Oct
IL is79 eaving as next Of kin and helrsatlaw three
adult sons all married the eldest being 40 years OF age
and seven grandchildren. the family OF Mrs. sarah
Browning deceased daughter. The three
sons and the mother OF the seven grandchildren
were children born of his first marriage. About
1860 Rollwagen contracted second marriage OF which
there was no issue. the wife only surviving her mar
riage about year On Sept. 19 1871 he again mar
ried, his third wife being Magdalena Hermann, VINO
survives him. Rollwagen had been butcher by occu-
patton and having attentive 20 business, thrifty
and economical he, by judicious investments IN real
estate &C. had accumulated real and personal property
worth at the time his death about sO0O0 much the
larger portion OF which real estate constantly
improving IN value. In due time, after RoIwagens
death two papers presented for probate his Will
and codic According TO the claim OF the proponents
the will was executed June II. 1873. and the codc
on Sept OF the year. These papers gave the
widow Magdaleua. the bulk Of the property. and the
cOdbcl even added 70 the property some valuable
real estate, virtually cutting of the children OF the
first marriage from fair share of their fathers
property and making Henry Herman the brother OF
the widow the agent the management OF the prop
erty. These papers were promptly contested by the
excluded members Of the family through Messrs Henry
l. Clinton, G. F. LAngbein, NJ. Campbell, and W. H.
NeSschefr, their counsel, while Messrs Aroux, Reh
aud WOodford appeared for the proponents sxtyeiSht
witnesses examined 10 the proceeding and thelr
tastt 1 uriDted
Surrogate Huchings, af,er reviewing tne proceeding,
delivered Yesterday opinion which is very long, and
Of which a condensation may be found below. The
salirnt features OF the the Surrogate says, are
alone considered in the opinion, everything Of an in
material character beng excluded. He then proceeds
follows;
The relations OF the rarest proceeding always
important considering the questions that arise
tests IN this court, ana often nave direct bearing upon
the issues pending.
The maiden Of the widow Magdalena Roll
wagon. was Hermann She a Of the first wife
OF the decedeut, and was commonly known and ad-
dressed in family by the appelatlOn OF LENA"
She is a woman OF between 40 and As years Of age
Twenty years since. first arrival in this eOun
try employed domestic IN the family Of the
decedent aud his wife her aunt for brief period; and
so far as appears by the TESTIMONY until 1869
that she again became member Of his household. being
then employed IN the position Of hOusekeeper and
tendant upon deccdcHt after bis health had become
seriously impaired, az salary of Sl4 month. AT the
time OF her last employment the decedent was living
the dwelling which has been designated as the "od
house." No. 8Ji East Niuth-st.
Henry Hermann, who had been made the agent Of
the property and named IN the Will executor, was
little known % the decedeHt TO the marriage with
his sister Lena. After her marriage he removed his
pace Of business a grocer TO one OF RUllwagen's
houses In Avenue 4, aud continued in business until
June 1873 when he became agent OF Rowagen's estate
some months pcOr to this, Herrmaul had, during the
abseace OF iwagans son George, Deea iuJrusted with
keeping tue decedeurs books Of TAe surro-
gate tnen proceeds follows;
So far as the relations existing the dccedent
ami children concerned, the testimony fails to
show tH~t there was any but the KIND entail
feeling on part toward thew. and flial de votion
manifested on th,ir part toward him. DO not lcOn-
slder the family differences appearing IN this case
such 20 Justify the assumption by the pro-
poncuts of tho existence of hostile feelings on
the part OF deccdeut toward any OF his
children or grand hldren; but nave Oeeu rather,
such differences only s!Sh temporary in dura-
tiou. and liable 10 in households, and which it
would be unjust and unreasonable % regard as evidence
OF diminished affection or permanent discord, and it
seems 10 me only perverted malevOence
could cOusuus. Tue paper p7OpOunded as the VIII
certainly appears be inequtlbl9 in It's provisions,
the number aud relations Of his immediate kindred
and all the circumstances Of the considered
aud by the Will there given tue widow larger pro-
portion o the estate than would have been her share
had the decedeut died utestate, The cOdic even in
This share largely 10 her benefit and practically
depuyes eldest Frederick Roll Tagcn, jr who s
named executor OF any powers III that capacity, and
vests the same IN Henry Hermann for Il years
The Surrogate then says the before HIM on
the evidence were substantially az follows; a. We're
tic requirements Of the statute observed in the execu
tiou OF the papers offered for probate e) Was the
dcccleut. the time OF the alleged execution, pos
segscd Of tesamcntlry caplcity @) Was the exrcu-
tion result Of undue uhaence fraud circumven
ten exercised the mlud Of the decedent by his
wife ami her brother Henry Hermann, either AS 10
ms phy condition. proofs show tnat 1870 he
I'll c,od VITA difficulty OF speech, wncH was the
occasion Of remark by those who knew him, and this
dincuv continued increase" During 1871 and 1872,
aud to tie day Of the dccedeuts death satisfied he
was suacras from paralysis which rendered it exceed
ingy dHcul, fJr him % move without assistance and
that Il the paralysis which affected his speech and
finally rendered IL impossible for linn TO articulate
words ntelgiby 20 Others. He undoubtedly became
more and feeble durug the last year OF his life.
Tie evidence shows that he unable 10 dress himself
20 attend 70 his most ordinary wants. control
the calls OF nature, and that he was IN condition OF
hopeless physical dependence upou these around Am
The testimony alsO shows other conditions OF ply seal
lnfrmitv but says the Surrogate a" the testimony of
Dr. Iai,y a witness who was called the pat OF the
contestants, &, 20 Gg mind controlling III the conclusion
that The malady OF the decedent was not merely
scIatlca, but that during all OF the year 1873
he was ifhcted wiki paralysis in the form Of
hemipeGa. DR.. Tuy's statements very frsnk and
clear and 10 al appearances Gisin;erested. He was
called 20 attend the Gecedent during the sst Of septem
Der 1873 by reason the serious nessS' Or Goulden
He testified that he continued hs visits until Oct II,
when the deeedeut died. and that IN hts Judgment the
cause OF death paralysis that II one OF the