Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-07-06
The Cru.er Will Case.
From the New York Times.

We give space to an elaborate opinion and
decision by Hon. Robert G. Hutchings, Surro-
gate of this county, on the will Of Mrs. Hur-
riet Douglas Cruger, deceased. The case is a
very curious one, and its significant features,
as we'll as the legal principles involved, are
stated with great ~clcarness in this able decision
Of the Surrogate.
Mrs. Crugcr, a lady Of wealth, and distin-
gulshed for many years in New York society,
died 10 1872, at the age of eighty three, leav-
Ing q considerable estate. BY u will, which is
the subject matter Of the Surrogate's decision,
she left some $240, 900, being the larger part
of her estate, to the American Bible Society
and the Board of Foreign Missions, 10 equal
parts. This will was executed January 3, 1868,
and a codloll, which changes the method but
not the purpose Of the previous paper, was ex-
ecuted July 20, 1869. In opposition to the
probate of the will it is alleged by Mrs. Cru
gers next of kin, who under an interstate distri-
button OF the property would be her heirs, that
the testatrlX was at the dates Of the will and
codlcll incapable OF making a valid will on &C.
count OF an insane condition of mind, with
special reference to the subject matter of those
instruments. In support of this position it is
shown that Mrs. Cruger is admitted to have
been insane as late as March, 1867, ten months
before executing the will and eighteen months
before executing the codicil; and it is further
admitted that she was the victim of active
dementla or total Insanity subsequent to exc
cutting those instruments and for some time
before her death. The peculiar form taken
by her insanity is one Of the facts which gives
a special interest to the case. She had been
for many years a Jealous and firm believer in
the doctrines of the Presbyterian denomination
and q member Of Rev. DR.. Paxton's church.
ln 1866, when, in consequence Of severe illness,
following u fall, she became mentally disorder
ed, she conceived that there was u fire burning
beneath her bed, aud that the devil himself
was lying in wait there for Der soul. This de-
luslou filled her with terror. The assurances
OF her friends only exaspcrated and excited her.
The arguments of DR.. Paxton, her pastor, were
of 90 avail. 10 her anguish and fear, the idea
took possession of Der mind that the only safety
for her soul, aud the ouly hope of rescue from
the ineXtlnguishable flames which her diseased
Imagination saw 50 near her, was to bequrath
her large property to religious purposes. Ia
vain her pastor pleaded with her that such a
notion was wholly foreign to the teachings Of
her Church, aud that 40 such means could ir
any degree advance her salvation. She be-
CouC LULU duu uUIC uCleTMiueu, anu called
upon her lawyers to execute the Instrument.
MIR. c. +. Southmayd, who was first consult
ed, perceiviug the condition of Mrs. Cruger's
instrument. MIR. Charles O'Conor was then
called in, and he also, on the advice of DR..
Willard Parker, her attendant physician, to the
effect that Mrs. Crugcr was under the influence
of d~elusion, declined as late as March II, 1867,
to go on with the matter.
Subsequently Mrs. Cruger went to the country,
and when she returned she again took up }he
idea of a 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 it does not appear that
he made any specific examination to determine
the survival or disappearance of the peculiar
deluslons regarding her will and the motives
for it. In January, 1865, Mrs. Cruger succeed
ed 10 getting a will executed, essentially the
same as that she had designed 10 1866, When
her mind is admitted to have been under the
lnhnence OF deluslon regarding her salvation
from fire and the devil. The will was drawn
by Mr.. O'Conor, and he and DR.. Parker we're
present when 1t was executed. Mr.. O'Conor
believed, as be says, that DR.. Parker Was there
to professionally decide on the soundless Of
Mrs. Cruger's mind. But DR.. Parker did not
have that understanding, and did not undertake
any special examination as to Mrs. Cruger's
sanity. This will made the religious orgariza-
tons mentioned the reslduary ~legatees of the
estate. Later, 10 July, 1869, under some
what Similar circumstances, a codicil was
added, directing the property to be sold and a
gilt OF the proceeds to be made absolutely to
the two religious societies. The testimony of
several witnesses, however, and notably that Of
DR.. Metcalf, who attended Mrs. Cruger from
January to June l6, 1869, shows that she was up
to the latter date undoubtedly insane. Other
testimony shows that shortly after the date of
the codlcll she began to relapse, and soon did
entirely relapse into o state of dementia which
lasted until death.
On these facts Surrogate Hutchlngs holds,
first, that uuder the circumstances it is the part
OF those proposing the admission of the will to
probate to show that the testatrix was sane
when the Instruments were executed; and,
second: that they have not done so. Accord
lngly be rejects the papers and decides that Mrs.
Cruger died lntestate. This conclusion will at
tract general attention 10 the circles where the
estlmable lady whose property is in question was
known, as we'll as generally On account of the
peculiar nature OF the delusions established. 1t
is proper to add that there is not the slightest
oi'eSoliou VI aby uuuee lGHUeuce 10 the case.
HIS THIRD WlFE.-The Christiansburg,
Va, Messenger says:
IAN old mouutaiueer living 10 our county,
who had lost his second wife, was very much
dissatisfied with the way in which bis house
hold was being managed, and concluded to get
a third wife. He wrote a note to a neighboriug
scnool-house to be sent to a widow whom he
had selected as bis third choice. The noun
tan widow, upon receiving the note, took her
bonnet and walked up the mountain to the old
mans home, to see about the matter proposed.
Inc interview proved satisfactory to both Oar.
ties, the preacher Was sent for whist the bride
elect baked the wedding cake out of the old
mans -four tub, and thereupoo, two mouths at.
ter the death OF the second wife, this mountain
octogenarlan took unto himself a third wife
and is happy"