New-York tribune., 1874-05-08

TIE End or A LONG Neutrality-suspicious. OF SUR
RoGATE HUTCHINGs AGAINST THE CONTESTANT.
The Scott will ease, which has been pend
ing before the surrOgaes Court Tor many molths was
brought close yesterday by the decision OF surro
gate Hutchinc IN favor OF the probate and against the
allegations Of william Scott. who claimed to be leg
mate son Of the decedsni The decision is given, in sub
stance, below:
The proceedings In this case arc based on allegations
filed by William Scott claiming 60 D. tue sou OF tue
tes'aOr revoke tine proDa" Oi bis WILL Ibe testatOr
died on July 25 1870 leaving last will and testament
ia which, after giving legacy OF slCoJ 10 Mrs. money
we'll he devised aud bequeathet onc-hlt OF a MS prop
ory 10 his wife, Julia T. scott anu the otner hit 10 MS
mother Margaret Scott The vail was admitted 10 pro
bate the Sd day Of september, 1870 rhe executors
deny the said Wam scott is the son Of the tesa
tor therefore claim that he has right 70 main
tain institute these proceedings. The petitioners
clam Is based upon an alleged marriage between his
mother Caroline and the tesatcr az having taken place
rage between those persons at thar time AID place,
that OF Caroline The alleged marriage certificate mas not
been put IN evidence andis Production being unex-
pahed II Circumstance lAdl ogAla On tue He-tec oI
reliance 20 be placed on the testimony OF such mar
riage. regard the evidence OF marriage, "a tdete
tecSl0, 10 me te,tatOt 70 De Wedh oelnE suppulsn
said Carones testimony, when y very lnsunl-
anu Nv bs conri M as establsed the ease
under the settled law OF this state that mar
IL was eonsuinated tween the parties by
ment rer6a dc PRESENT. and that ,s supported by
upon which the claimant principally rests
his ease, must be construed and applied
artes each particular The meaning Is not chat
marriage necessarily TO be inferred from the mere TACT
that man and woman lived together The law requires
tnan this II requires, otteu puolc recognition,
introduction general reputation, matrimonial inter
both persons. ind in TINS case many clements want
ing 10 Justify dguifylng the relation which eX
sted between and the mother OF the claim
ant as being marital lie had residence elsewhere than
with her; the relations between them were not open
and public before the world, although there was no
doubt that they lived partially, together lie was un-
doubedy with her at balls aud other places but
mo nj
which the law requires. H certainly never recog
uEed proclaimed her his wife. 10 his own family.
l. does appear the time the allegations
filed by Carones william, 70 revoke the pro-
bate OF this will. she sInce the separation took
through any proceeding or pubic declaration nat tes
tGtor was her husband sue must have known that ne
nsd married, and II seems % mat II was very
strong implied declaration her part that she ala not
consider that there valid marriage contract exist
IN. between her and testatOr when she entered INTO
marriage relation solemnized Dy aceremOny Win Mead
before the marriage OF tesator win Jala Honey Well
The general " learned iIriss regarding mar
rage simply a civil contract 20 tue validity OF when
the consent OF tue parties aDe 10 contract - s ,da & -
laratOns aud intercourse before the world cannot DC
ceremonial marriage always looked on VIVID more Ia
yor tgan The oleT relation a. the last may oe easJ e
strued into one ot an Improper character, VIII % % % o
mer cannot; and though the law VIII protect the n
who haf been held forth 10 the word Ds ntn wy .
assured her that they are married sunleieS ~ AZ i
of a ma gstrate yet II from ner the eleheeo OF
sincerity her belief IN the continuous on .s
marriage relation; and this sincerity cannot De judged
hafter tban from her own acts and declarations The
Cont Will NOT rIyet the bands marriage, contract
Oh the who has simply intde temporary snu
meretrioous relation with woman who Is satisfied TO
live In that manner and VINO does not complain, by
legal process otherwise, when the relation Is sew
cred Especially will the law protect thc next OF kin
and legatees OF decedeut from ner cialms when, IN
case such this she never sets up her caIm TO be wife
until after very many years OF separation, and then
oply after his death i acts anu declarations DY Caro-
line are express or implied Character To bar OF
destroy confluence in the claim OF her marrge win the
testatOr which the petition 0t william scott depends,
estOpping her from any snch claim as l. now made
through her II cOncius.Jn, must refuse 20 near
prOOfs under the allegations VI the claimant on tue
ground that he not the next ~ KIN OF James scott,
aud therefore no standing III Court