The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-03
THE CRUGER WILL.

THE WILL OF 1868 AND coDIcIL OF 1869 DE-
CLARED NvALID-MPoRTANT DECISION By
SURROGATE HUTcHINas.
On the 81 day OF January, 1868, Mrs. Harriet
Douglas Cruaer, then seventy nine years Of age,
executed q viii leaving the bulk of her estate in
equal shares to the American Bible Society and
the Board Of Foreign MISSIONS Dcqueathlng but
very small portion OF her estate to her next OF
kin. In July, 1862 she executed codlcil direct
ing the sale OF the reslduary estate and Its con-
version into money, the proceeds to 20 absolutely
to the two religious societies referred to. When
presented for probate the will anu codici were
contested by next Of kin, and the case has been
IN contest Tor considerable time in the Surro-
Pate's Court.
Yesterday Surrogate HutchinRs in long and
very Interesting decision, REJECTS both Will and
rodicil, Of which the suojoined is q summary
Surrogate Autcnin2s says:-I have carefully
considered the volumlnous testimony IN this case,
aud also The abe arguments OF the respective
counsel, when present an exhaustive ANALYSIS OF
tbe testimony and most learned expeditions OF
the science which seeks to define tue distinction
between testamentary sanity and insanity. Upon
the evidence. aided by the arguments OF counsel
aud the authorities cited, | nave 20 decide the
ret Douglas CruRer, on the Sd day OF January,
1858. wnen the lust urnent presented for probate
On the goth day Of July, iS6O when the paper, Of
ered as codlcil to such viii was executed, was
airy disposition OF her property.
II IN established beyond reasonable doubt.
think that in Marc1, 1901 the deeedent was Ger.
tGinly incapable or making valid will. Less than
ten months thereafter, wnen she was seventy-nine
Years OF age, lhe paper offered as her VIII was
executed IN accordance win the required legal
Iormaltles. Eighteen months the eater tue
alleged cooicl was execul ed. at the suggestion or
her counsel, TO cure possible loyal defect IN he
statutory ieqairemen.s ior execution were OBJ
served. II - conceded that, at period subse-
quent 10 TINS last date, the deccdent iell Into q
condition or absolute dementla, which continued
until ner death, carly In 1872.
The decedent is shown 10 have been q woman OF
inherited fortune, oil superior education, hign
social position, imbued with gre at prize Of ances
Try. strong affection for Kindred ana an earnest
believer la the tenets OF The Presbyterian Cnurcu.
OF which she had been Tor over nifty years a me n.
Der. In the maturity OF her mental vIgor sue con.
tracted marriage winch resulted unfortunately
Tor her happiness, as 1t was soon followed by
separation aud law suit, when continued Tor
over eight years, involving tue rights or her hus.
band In her estate, under posi.nuptlal settle
tue marriage. Her nearest OF kin SURVIVING are u
nephew aud niece and TWO RranGnleces, with
tine greatest affection and inumate family
relations. Soc had, IN successive legal and tes-
tamehtaly lnstrumenls rom 1898 70 1904, ana py
intention TO mold the principal part OF her estate
ior the benefit o. ner relatives though IN one tes-
ZION To single charitable object.
IL IL conceded that 70 tao year 1se6 the decedent
mental vgor, strong Will and excellent powers
Of entertaining CONVEX satIon the evidence SHOWS
mat che exhibited none Of those qualities aud
eharacierstics winch are proven TO have
lrst appeared during that year, az con.
tequent upon severe Illness, and wnlCn
peculiaIities. 1t Is claimed, continued In O more
or less marked degree anu modified form
until her death IN 1872. Her depOrtnent mad al.
ways been ladyllke, as might bs expected VI "a
woman VI such superior natural gifts, excellent
educa ION, anu whose lie had always been IN the
pest circles ol society ~ ler native city aud In the
country OF her ancestry. she wap, besides, lady
81 cultivated literary tastes All the witnesses,
pr0lesslonal and lay. admit that size possessed d
PVOng ana active mind ana an intelllg cut compre.
henslon oil her Affairs and Of her relations TO