The New York herald., 1875-12-24
SETTING ASIDE A WILL.

Surrogate Hutchngs yesterday rendered decision
in the matter Of tho probate OF the reported will
and testament Of Ann Eliza Baker, deceased and which
was contested by two Of her The decedent
Eliza Baker a widow OF about forty years OF age
at the date OF her doah which occurred the ID day
of December 1874 She left no children. and her near
est Of kin are two niecos Adelaide Decker and Mary
Eliza Haws, The paper propounded her will was
executed on the I'd OF November one month previous
20 her DEATH by which estate, valued at about
$40 600 was disposed Of Anaunt Mrs Mary Il. Haws
was gwen certain articles of personal property OF in
considerable value Mrs Catharine v Sesrles the wife
Of the principal legatee and the proponon OF the WILL
DI Ms9son seass was ssen u ~ ns asss $50 sns ana
such OF her clothing as her executor tDr Searlesl
Decker, $40; Theodore H. Sparks, AMMO H. Hawa
Wellington b. Searles, Jr, and Harry X. Scarlcs tthe
last two infant Of the proponcnt the proceeds OF
q policy Of insurance lsaid 10 DO $1,000 share and
share alike and TO DR.. Searles, whom shO nominated
sole executor, the residue OF her property
which is valued at about 5000 The validity
OF the instrument was contested on behalf OF
abe two neces who practically cut on
from any participation in the DIVISION OF their aunts
estate while DR. Searles and his family between whom
and the deccdent there relation Of blood, are
rlycn nine tenths OF tho estate leaving tonth to be
divided between Annie f. Haws a cousin, and Theo.
nore I. Sparks, an acquaintance The grounds upon
which the contest was basod were an alleged want Of
testameGtary capacity and fraud coercion and undue
influence In the procurement OF its execution The
decedcnt belonged TO a highly respectable family IN
tion and refinement but unfortunately she had, sew
oral years before her DEATH acquired thirst Tor In
toxcating liquors, which grew upon hef 70 sue, sucn
extent that sho was often IN a state OF complete
drunkenness al home, and was sometimes seen IN de-
plorablc condition OF ntoxica,ion the public streets
She had been a constant source Of anxiety 10 her
mother by careful oversight was able, in some de-
gree, to prevent her from gratifying her abnormal
thirst but the mothers death in May, 1874, left her
with scarcely any restraint whatever BY the
mothers viii DR.. Scarles, who had been for
two or three years her attending physician for
aHr In aRH rIn n sd q
executor For two months her daughter, the deco
dent remaneAan occupant efsher mothers late resi-
dencc, where distant relative, respectable elderly
lady Mrs osrom remained with her until the lst day
Of July when she loft 10 take up her residence with
DR. Scarles The restraint which DR.. Searles assumed
10 created the decedcrt mingled dislike for
and fear Of him. and was so great that II was with
much reluctance she consented obecome an inmate ot
his house. and thcnceorward shs was practically under
his guardianship until her DEATH on The 2d Of Decem-
ber The evidence shows that hcr habits OF intoxica
ton continued thereafter. When without the house
she was powcress 70 resist the appetite, and almost
always returned in state OF gross intoxication,
aud whilo within the house, though sho had less
Opportunities for indulgence than before, the evidence
shows that there she continuously under the
influence OF liquor, and two witnesses, Hiss Bovine and
Miss Annie Haws, her cousins, stated that she was
in this condition the ID day OF November, The date
upon which tho paper offered as her VIII Is alleged 70
have been executed.
In concluding his decision Surrogate Hutchings
says-sThe case, presented upon the evidence ex-
bbits features witch satisfy that the cecedent did
not 10 tho execution Of the instrument offered, act
with that freedom necessary constitute it her will
and that in bequcathng nearly oil Of her estate TO
Or Seares and his family che vas moved by senti-
enls OF fear caused by mental weakness and bodily
disease And the presumption Of undue influence on
Eha mari or DR. searos s still further increased by the
cirrums tanccs attending the execution Of the nsru-
menL Ii Ia the absence OF the decedents friends
while she sick 10 bed within month of her death,
on the evening or day when two credible witnesses
state thev had seen her under the influence Of lquor
with no present but DR. Scarcs the principal ben
ehciary his wife and he two subscribing w'hesses-
personal friends OF bis ofmany years neutrality-suspicious.
OF whom had any acquaintance with the decedent
more than would be gained n one or two casual
meetings in Dr. Searcs parlOrs, and furthermore the
execution Of the instrument superntendcd by DR..
Searlfa himself But admitting the duo execution OIL
the instrument the presents the bald features OF
woman who for years had been drunkardi who was
possessed naturally Of a weak mind rendered stlll
weaker BY continued intemPerauce, which had also
caused serious bodily Illness Who Tor six months was
under the daily Of mod cal attendant four months
Of which sho an inmate Of his house, ho being also
tho executor OF her mothers VIII and holding
control n her means and VINO within
month OF her death, executed testa-
msntay paper drawn BY the person who had thus bad
such opportunities Of acquiring dominion over her IN
which she bcqueahed TO him AMI bis family ninc.tenths
or her estate though aliens 20 her blood and excluded
nom her bcneacton her nearest relatives two young
nieces for whom sho had expressed affection, and gavo
cousin, with whom shc had been upon terms Of
friendly Intimacy but small fraction Of her estate
with Bs View 81 me features Of tho case would not
feel justified in admitting the will TO probate the Will
Of the deccdeut, and must therefore be rejected"
THE BLEECKEB STREET RAILROAD.
The order appointing Mr. Alvin s southworth Re.
Csiver or Tho Bleecker Street Railroad signed
yesterday BY Judge Davis OF the Supreme Court This
order covers several pages Of closely written fooscap
md all tho points usually embodied the sp-
pointEent Of receivers Of railroad corporations Pro.
Vision is made for 10 The order In tho drst place for
Tho consolidation o. The suits and after this follows
she usual directions 70 transfer 10 Mr.. Soulhworth all
The records books papers aud accounts Of the com.
pany together with al the properly OF the company.
No Ia 70 continue 70 tho road, "
employ aud discharge all the laborors, to pros.
ecute and defend all suits and 10 keep fu account
Of ali receipts and disbursements Provision is also
znado for payment OF interest On bonds ding 81
schedule and FOR obtaining further pecossary ordorG
from the Court A special feature in tho order d
directing payment Of the aDorers on the road the
wages due them for month previous 70 the ahng o
ihe order, bat 70 pay tho officers Of Tho road nothing
whatever