The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-07-07

state. looking to Providence for a blessing
In the endeavor to promote the material Ia.
tcrest and honor OF the State Of Virginia.
The Craeer Wili-Case.
THE AMERICAN BIBLE SOCIETY AND The PRES
BYTERiAN BOARD OF FOREIGN MISSIONS NOT
TO GET THE S2i0,0oU.
The New York Times says:
Weelye space to 40 elaborate opinion and
decision by Hon. Robert c. Hutchngs, surro-
gate of this county, on the will Of Mrs. Har-
riet Douglas Cruger, deceased. The case is
4 yery curious one, and its significant
features. as we'll as the legal principles in
yolyed, are stated with great clearness in
this able decision of toe surrogate.
Mrs. Cruger, a lady Of wealth. and distin'
guished for many years in New York society,
died in 1872. at the age of eighty-three, ieaV-
ing considerable estate. BY will, which
is the subjcct-matter OF the surrogate'S de-
cision, she left some $4,000, being the
larger part Of her estate, TO the American
Bible Society and the Board OF Foreign
Missions, in equal parts. This will was exc
cu,cd January 3, 1865, and codicl, which
changes the method but not the purpose OF
the previous paper, was executed July 2O,
| 1869. In opposition TO the PROBATE OF the
will it is alleged by Mrs. Cruger's next OF
| kin, who under an intestate distribution Oh
the property would be her heirs, that the tes-
tatrix was at the dates Of the will aud codicl!
incapable of IN lkiDg valid will on account
OF an insane condition of mind, with speciai
reference 10 the suhiect.matter of those IN
struments. In support OF this position It Is
shown that Mrs. Cruger is admitted to have
been insane as late as March, 1S6I-ten
months before executing the will, and eish"
teen months before executing the codlcll (;
and il is further admitted that sac was the
victim of active dementia or total INSANITY
subsequent TO executing those instruments,
and for some time before her death. The pecu-
liar form taken by her insanity Is one OF toe
facts which gives special interest TO the case.
She had been for many years jealous ana
firm believer in the doctrines OF the PresDy-
terrain denomination, and member OF
Rev. DR.. PaXton's church. In 1866. when, IN
consequence Of severe illness, following q
fall. she became mentally disordered,
she conceived that there was ire
burning beneath her bed, and that the devil
himself was living in wait there for her soul.
This dellsicn filled her with terror. The as
surances of her friends only eXasperated and
excited her. The arguments OF Or. Paxton,
her pastor, were of no avail. In her anguish
and fear the idea took possession OF Der mind
that the only safety for her soul, and the only
hone of rescue from the ineXtlngulSnaole
flames which her diseased Imagination saw so
near her. was to bequeath her large property
10 religious purposes. In vain her pastor
plcaded with her thai such notion was
wholly foreign 10 the teachings OF her
Church. and that no such means could IN auy
degree advance her salvation. She became
more and more determined, and called upon
her lawyers TO execute the instrument.
Mr.. G. +. Southmayd, who was first con-
suited, perceiying the condition of Mrs. Cru
rcl's mind, very properly declined TO draw
Iup the instrument MIR. Charles OConoT
was then called in, and he also, On the advice
of DR.. Willard Parker, her attendant pbysl-
ciau, to the etfec! that Mrs. Cruger was under
the influence of deusion, declined lis late as
March IL, 1867, to 60 on with the matter.
Subsequently Mrs. Cruger went to the
country, and when she returned she again
took up the idea of will giving her property
for religious purposes. DR.. Parker visited
her at the time, found her greatly improved
in general health Of body and mind, but 1t
does not appear that he made any specific
examination to- determine the survival or
disappearance of the peculiar decisions re.
~arding her will and the motives fer i,
In January. 1868, Mrs. Cruger succeeded In
getting will executed. essentially the same
as that she bad designed in 1866, when her
mind Is admitted to have been under the III
huence of dtlu>on regarding her salvation
from fire aud the devil. The will was drawn
bv Mr.. U'COnor, and lie and DR.. Parker were
present when it was executed. MIR. OConoi
believed, as he says, that DR.. Parker wa;
... r., liz Ia on
ness of Mrs. Cruger's mind. But DR.. Par
ker did not have that understanding, ana dlo
not undertake any special examination as tc
Mrs. C.'s sanity. This will made the religious
organ .tions mentioned the residuary lega
tees of the estate. Later, in July 1869, under
some " hat similar circumstances, a codlcl was
added, directing the property to be sold and
a gift of the proceeds to be made absolutely
to the two religious societies. The testimony
Of several witnesses, however, aud notably
that of DR.. Metcalf, who attended Mrs
Cruger from January 10 June IL, 1863
shows that she was up to the latter date uh'
doubtedly insane. Other testimony shows
that shortly after the date Of the codicil she
began to relapse, and soon did entirely re.
lapse, into state of denentia, which lastet
until death.
On these facts Surrogate Hutchings holds
first, that under the circumstances it is The
part of those proposing the admission of the
will to probate to show that the testatriX wa:
sane when the instruments were executed
and, second, that they have mot done so
Accordingly he rejects the papers and de-
cidcs that Mrs. Cruger died intestate. Thi
conclusion will attract general attention il
the circles where the estimable lady whose
property is in question was known, as wei
as generally on account OF the peculiar ma
ture of the decisions established. Ills proper
to add that there is not the slightest allega
ton of any undue Influence In the case.