New-York tribune., 1874-04-01
THE COURTS.
A CONTESTED WILL.
ARGUMENT OF HENRY g. CLINTON IN THE ROLL
wAGEN WILL CASE.

1873 soon attcrWard MS alhRcu Willow prouuceu ooioo
the Surrogate will and cOdcl OF the deceased and pro-
posed the same for probate. The chid9n of the de-
ceased who are virtually disnhered by these instru
ments have opposed their admission 10 probate. Obec
tiOns TO the will and codicil on behaf Oh three sons
of the deceased and Of the children OF o deceased
daughter were made after these instru-
ments proposed for probate. The objections aver
that the deceased did not possess tesamentary capacity
and that the VIII and codici If made by him at all were
the result OF undue influence fraud and crcumyention
The alleged widow was q servant girl in the family OF
tie deceased while his first wife living After her
death, and after the death of second wife, deceased
too lena Hermann INTO his house as housekeeper his
in 1869. Two years afterward she claims 10 nave
married him Il proved that clergyman performed
the ceremony, OF marriage BY the will and codcil the
widow gets nearly all the property The estate amounts
to about <7OOOOO In this nearly 1900 closely
printed pages of evidence have been taken The testi
mOny was closed about two weeks ago.
Henry L. Clinton, the leading counsel for the con-
testants, began his argument yesterday. The main
points Of IL follows:
On the night OF Oct H. at 3l2 Ninthst the unettered
millionaire, Frederick R0lwagen, lay stretched upon
the bed OF sickness The hand OF death is upon him:
Around him none bound 10 him by the strong ties OF
nature, none allied to him by blood syant gar. & Si
her famished and poyertystrcken brood OF relatives
With joyous expectation they await the moment OF us
solution Among those around the dylns man ,s % one
sincere friend, who in humble liie as she E does honor
ooet to the She ia, Of the neart mother
She knows fathers devotion for his children.
As she behods him separated from death. by ut most
few hours, perhaps few minutes, she thinks OF MS
children She desires that wnen their aged father
for them is refused. Lena Hermann forbids the de
parture Of any one upon this errand OF mercy. WIN
hood. exclaims to this devoted faithful friend OF
60 years, " Father don't want any OF them near
him." The good woman, Barbara Koch, remains until
the last pulsation of life ceased OF all under that
roof she alone feels sincere grief Even then sne VINO
news to be borne TO the dead mans she breads
the coming Of relative friend OF his with indecent
from the presence Of her dead friend Not until long
after their father dead are his children permitted 10
know that he had ceased to live. In due time the
and the curtain falls upon the first act. ,.,,..o,.
Soon, very sO0n the next act begins Conspicuous
upon the stage behold this ambiguous widow bear
ing IN her right hand displayed at in Iengtn ial9e
in the leading parts in this drama. Henry Hermann IS
chief plotter; Lena Hermann is chief mournor; her
friend Thesis chief swearer Among those asslened
leading parts but who perform only as chief or super
numerares, the lawyer Belesheim and the physl-
clan Goulden. The plot thickens We begin % under
stand why and her vuliure brood Of relatives on
the night Of the 18th of October, lowered 30 closely
around the prospective corpse, why no relative or ts
dying permitted to enter his presence. NoWthe
Hermanns gather courage They feel sate' Old k4il-
OF the grave. He cannot spring from out the
ground to throttle them in their yainy TO scatter TO
the four winds their schemes OF spoaton ana ROBBERY
The Hermanns demand his property. They demand
that the false will and the false cOdlcl shall be spread
the records or this Court and tnal Judgment Shall
pass IN favor of her child They demand that the
descendants Of the dead millionaire shall be robbed OF
their own TO enrich pretended widow. ,.-
The OF the deceased Frederick RoHwagen, Know
ing that unless their fathers mind were irretrevaby
lost or oyerpowered by undue influence ne would never
have signed such will and e0fic ask that this Court
afix to them the brand OF Judicial condemnation so
long as the deceased hved and had sufficient inteect
be responsible human being, he was noted for his al
fection and devotion to his grandchildren WIN hh
family ties were strong He was a. Stubborn M la ana uh
falterDg IN his devotion to his children as in the accu
mutation Of property. To these two objects his whole
life was gwen All his living children, and the
before this Court Unless the law shall decree they
they will submit to be robbed OF their inheritance
either by this ambiguous widow or her child what an
extraordinary child! Application was made 10 the SUI
preme Court for jury of matoDs to determine before
It's birth the question of its existence Instead Com
mission OF three physicians appointed Under such
auspices it has been ushered INTO existence. Before
its birth 1t was fully armed and equipped 1t
was clothed with the panoply of the law
Some have been content 10 engage IN legal warfare
after youthful ardor has been chilled by advancing age
But this sucking babe, which caused much cOmno-
ton III the Courts before 1t was 0orn-this extraoI
nary little ONE no sooner opens eyes the light
than its first cry is trumpet sound sumnonng to legal
battle the contendn2 hosts OF relltons Iriends, ad
acquaintances or the late nlihohaIre the uecoaseo
Frederick ROllwagen.
In this contest in which many are engaged. in
which 40 many have common interest four branches
OF the Rollwaeen family uniting in common warfare
against this little intruder who III this contest stands
Not content with giving battle to the four branches of
the Rollwagen family, from its legal position and eX-
bark in deadly legal warfare against its mother to tho
end that it NAV overturn and destroy the Will aud
code produced by her, on the ground that they not
the will and codicil of the millionaire Rollwagen, but
the will and cOdicl OF hersef-the almost lifelong
maiden who when far advanced IN years for the rst
ti herame mother But little over two short years
ago she weud have believe that she, the ancient.
veDarable maiden became the innocent bushng bride
Happy woman Married " millionaire in his doage!
He for two years before his death an inbecie and
Mr. Clinton then proceeded to cite authorities to show
that 1t was INCUMBENT upon those Offering an alleged
testamcntary paper for probate TO prove that IL was
sound
and that it, upon the evidence grave doubts existed as
to whether the instrument offered for probate was exc
cnted by one OF Sufficient mental capacity to make
testamentary instrument the Court should decide In
ssvor Of the contestants He proceeded TO argue from
the evidence thai t incumbent upon the Surrogate
TO refuse TO admit to probate the instruments pro-
pounded. ,
First the physical condition Of the dececent was
SUCH before aud at the time OF the execution OF the wi
and codic whether he estabe capacity
or not IL impossible for him to cause his testament
airy intentions to be so embodied IN written instrument
that the Court would adudge such instrument to be his
II decedent possessed sufficient mental capacity to
make will, he mad no way OF making his testamentary
Intentions known. He could not communicate MS
thoughts either by speech or writing; or by signs He
fore death he had not the power OF speech The de-
ceased was mover able to read or write with the ex
write his When the instructions were given for
tho will and codc aud at the time OF the execution OF
each the deceased could not speak. Mr.
Clinton proceeded 10 review the evidence in the case
showing from the testimony OF some 2 or 80 wltpesse
including the most intimate OF the business and social
friends Of deceased that for two years before his
death he unable 10 speak or In any way to commu-
nicate his thoughts and wishes. The deceased was
man addicted the excessive OF sptuous liquors,
and in this way q constitution originally strong
shattered and destroyed much earlier than 1t would
otherwise have been.
Rowagen at time Of his death 81 years of
lie German by BIRTH and came TO this city In 1922
For long time he was engaged IN the provision bust
ness He invested the proceeds OF his business In real
estate and the time OF his death was the owner OF 20
houses and lots in tins city, all OF which were we'll
rented.
In 1859 1860 he had severe Illness which somewhat
his constitution. From that time be contnuet to
fail in health Many years ago he was severely beaten
on head the result or which TO impair his Dte
In the Summer OF 1871 his voice. which had been
gradually failing for several years. out entirely
From that time il claimed that he was unable 10
speak. The alleged widow, who is called Lena, inter