The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-12-29
INSANITY AGAIN IN COURy.
The Trnsic PcGluriua Of Kate ". shepherds
Ilfe-Tedious Liiigution Ended.


A child eight yours Of age. her name
Kate w. shepherd, has been the subject OF
long legal wnr that was ended yesterday by sur
rogate lIutchlngs's decision. Two petitions
were urged and opposed ono from Mrs. Eliza
beth T. Damarell to vacate an order mado on
the e1st day Of November, isi3 removing her rs
tcstamentary guardian aud appointing Miss
Emily "A. Walker guardian OF the person Of Kate
W. Shepherd, AN infant aud another Of Miss Alb
by j. Walker TO remove Mrs. Danarel from the
guardianship, to which position OF confidence
Mrs. Dnmarell was appointed by the last will
and testament Of S.mucl G. shepherd, the
child's father. Mr.. shepherd was a member OF
a successful firm Of shipping merchants In New
York city. aud lived in Thlrty-nfth street. His
VILE died sbsrtly after giving birth to the In
FAINT. whose custody has been the point sought
TO be gained by each petitioner Mrs. Damnrell
was the nurse Of Mrs. shepherd at the birth Of
the child. ana remained in the house for few
days after Mrs. shepherds death. Some weeks
subsequently, on the recommendation Of the
family physician. she wes employed by MIR. Shcp-
herd as housekceper, and was intrusted with
the special care Of the infant, In which position
she remained until the lNttgr part Of lSi2
Mr.. shepherd was married to Miss Kate Walk
cr. the mother II hi. child. about lsbS llis wife
was from wealthy family In Boston MIR. and
New York Until his Wiic's dccoasc and there
desth
Subsequent t. tho death ~ his wife. Mr.. shep-
herd became subject to periods II melancholy
that overcame him. md, Imagining That ruinw
impending, nc c'rtailed hs household expenses
to Nu almost ab utd cx cut.
lu Scptcmhri, 1873. Mr. shepherd committed
suicide by shouting hlms-lf Mrs namlrcN be-
ing then confcssedly insane. md the cnild being
without any one 20 take legal charge of her per
s9n ana p,9perty, psttlon was filed oy NJ:
the appointment as guardian of MIR. Ward Mr..
shepherds late partner; and another was fled
10y MI. Edward j walker, asAing for the apvoiut-
ment OF Miss Emily H. Walker, maternal aunt.
The two petitions were considered ~ the one
proceeding There probably would not have
Dcen two petitions at that time had not papers
his hostility to his wiic's sisters the Misses
WALKER. Tho testimony proved that the feel
ings OF MIR. shepherd had been based upon an
absolute dclusion in reference to the facts. he
application ot the grandmother was Withdrawn,
and Miss Emily II walker was appointed to the
cuardiansnip. with the entire approval of all the
Mrs. Danare slept uron her rights for year
subsequent to the -r r4u liz ot the order remnN-
llR ner .hh appolhtns .'i's W H.h.t. uel @ ,te ne
urinanIed rec .euilioi' 'l npf ii-hi enutr the
will In ,cicrence 70 her petition. Surrogate
Hutchings decided:
A;sih,s r.st'of Mn. nsmaiei were no, affected by
rarty hercto. .hc orlcr r,n rr-aie SO iat o. pur
Vi'l tAcrtf1ic he o.ter,d 10 mat ,1 CT.
a letter Wli.ten Nv MIR. Shepherd soon after
walker. showed that be REGARDED hci a. tho
one, above all othpr-. tO whose care ana nurture
the cind should bc coundcd. ms sudden
chanees of opinion. exhibited in the appoint
intnt Of Mr.. DAmartll, Is To be ascrhcd. said
the Surrogate, only to an Insane condition.
previously described, and IN imaginiry sights
which lie stated he and hi, wife had received
az the hands II her sisters. Ia tact, II l. evil
dent tntt hrth the testator and tie testament
tdrv guardian were irsane-iho allic tun over
coming Mr. shepherd IN the fall of $50 about
the Icriod when the will was executed, anu
Mrs Danarell in the fall OF ls'l.
Between the fall OF ISL ami the period Of Mr..
Snepnerd's death. tirs. Damarell had two dis
tinct attacks Of insanity. she recovered from
the fret and remained In IN apparently normal
cOnd tiOn for about six months, when she mad a
relapse. from which she had not recovered at
the time OF Mr.. sheepherd death nor did her
recognition Of her rights IA ostanisntary
guardian until more that year after his death.
After citing the testimony Of EXPERTS IN mala-
dos OF the mind. surrogate Hutchings IN
nounced his decision as follows:
The aunt i LADY OF wealth, education. and refine
Bosion .ucitty The child who is the prucp object
es Tho na "a nt esat aa cs
shout ish year, Of age hss ern ~ year. under Ge
the "a 80 = she would entertain for her mother
very W iaoecr4te cifcan ,tsaees, Id though N rfed,
i not hyih. "iih hef husband ana nhs nnt
sncpherd in ,he wear 1905 Her previous cmpio, nj
rnd her te'tr NY shows t.at ME la, hal limited
facilities for ohiehng duo iou ny having ette9ord
no connection ry blooa Win the cnid proposed to he
ne ,,,!ie ,,' y! h, m ot ,i.nt ,'r, - e
result Of accGt nt,-tc clilu- bfA ana the mother 5
10 grant hi, petition woa'd De i,lo les th,a iaa,
not governed 10y t4ose ennsereeGs. cNccp, coiater.
lhe l word d'' incoinp''c3cy ' n r. ro d:snda u
NJ. pHaa9e n, @ snq i6 10 i of Si
ofh mental Disorder and is con-equencc. W tnc
j Wslser or tho remoy ofMrs p4iuaToll us tes. !.
effect viii therefore BE- enil red. and e aye thr Ap