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

administer the rite would or might have aggra.
vated her case. walle II was possible that the
fully quiet or aoothe ner condition. In sucn
a case he might well decide TO err, IL at
all In favor OF tue decedents com Ort and the en-
tire discharge OF his clerical duties The counsel
for proponents also say that decedents niece,
uensls IN conducting correspondence IN refer
ence TO the annuity 70 Miss Caroline Cruger. and
which was the subject OF Mr.. Whetlen's inter-
view with the decedent, already referred TO ana
they also refer 10 the execution by the decedent.
SIX months alter the codicll OF formal paper
appointing two OF the contestants Mr.. Douglas
anu Mrs. Robinson, trustees under the Will OF her
mother.
Having thus reviewed the case and as infinitely
as seemed necessary, discussed the testimony. IT
becomes my duty TO reject both the Will and c0di-
Gil as invalid, the ground that. at tine time OF
their execution, the decedent was not OF sound
mind. memory or understanding capacltating her
to make such Instruments. In arriving at
this conclusion | have had no OCCASION TO
consider any question OF undue influence the
use OF any means, exerted by others, to control
the mind OF the decedent, or Improperly TO inouce
her TO make the bequest to the religious societies
referred TO- as there ~ no evidence OF that kind or
reason 10 believe that any sucn influence was az
tempted. The controversy has been essentially
one OF testanlentary capacity only; but IL is re-
naS n ease ~ many respects anu the iac.s ue
as TO demand the closest examination and most
areful consideration.
Ia generalization OF ire whole matter II appears
that lady or nearly eighty years OF age until the
year 1866 distinguished for natural endowmenis,
superior requirements and social position, ana
possessed OF u strong will, In consequence or or
immediately following q Tal in that year. sud
denly passes into a violent state OF insane
terror, and suffers under the nallucinaton
Of the personal presence OF the devil and the exist
ence OF IRE under her bed 10 torment and destroy
her; which manifestations Of arrangement. among
others, continued, with a greater or less degree
OF violence, several months, during which she con-
celvec the idea OF averting those fearful presences
and evils, and OF securing the salvation Of ner
soul, by the scheme OF "a Will which would give the
bulk OF her property after death TO religious uses,
ana accordingly, IN september 1866, Mr.. q. +.
Southmayd, "A prominent lawyer OF this city, was
consulted ana requested to prepare such u paper;
but ne declined TO be Instrumental In so ooing,
believing her TO be incompetent 10 make VIII.
violent than before since her fall, sun he found
her conversation inconercnt, and was so con-
WINGED OF her unsoundness OF mind that he was
unwilling 10 act further IN the matter. Her mind
remained disordered until February or March.
1857, when, again, sne caused eminent counsel,
Mr.. OConor, to be sent for TO prepare substan-
TALLY such Will AS she had previously wished Mr..
SOuthmayd TO uraw; but Mr. O'Conor, on learning
Jnat ner mental condition had been impaired the
year before, was much in doubt that he wished
TO be assured oil her recovery; and therefore
deemed IL advisable to have the attendance OF Dr..
Willard Parker, OF great distinction In the medi-
cal profession. and who attended the deceuent
in her illness the previous year, TO determine the
question OF her sanity for the purpose OF making
q Will, when DR.. Parker pronounced her then to
be still suffering from mental arrangement and,
in fact, TO be insane; so that the execution OF sucn
instrument at That lime was THEREBY pre-
Vented. Later In the year, in December. Mr..
and he was cautious AID doubtful as before but
concluded to act Tor her In the engrossment
or the WILL Substantially as before prepared,
disposng largely OF ner properly Tor the use OF
the same Two religious corporations previously
designated, and to superntend Its execution. but
not, no wever, unless DIR. Parker should attend ut
the time Tor the purpose OF judging OF the dece-
dents mental CONDITION; and II the doctor passed
no unavorable judgment respecting Ii, ana he
Mi. O'Conor, saw nothing manifestly Irrational IN
her conduct or CONVEX sation, then he would be
willing to proceed in tie completion OF the testa-
mentary act Mr. OConor aud DR.. Parger 80 at
tended, with two other gentlemen to act as sub
scribing witnesses, in January 1868, and the
fHOnOh
Parker expressed no adverse opinion OF her sanity
At that time, he made no examination and
on subjects upon which the decedenrs In
sanity had before most SHOWN itself to
latent and real mental condition; neither AID Mr..
O'Conor or the subscribing witnesses DO so, the
occasion appearing TO nave been but little, II any,
more than one oil the formal execution OF paper
as will, though, according TO DR.. Parker, the
doing. Nothing special seems to have been done
by any person present to snow but that the provi-
sions OF the Will for rellgious uses we're assented
TO by her while laboring under, or but that her
acquiesceDce was owing TO. the latent insanity In
whose Authorizations and oeusions the scheme or
the Will was conceived, while in more violent or
more apparent condition OIL aisordered faculties In
1885, until which time She had ever consistently
expressed her Intention TO dispose oil her estate
or 10 keep 1t Tor her kindred, and any seeming
composure, the time OF execution OF tue Will, was
consistent with the actual con lnuance OF me NAL.
ady Tor, by means OF such Will AS was signed, she
had sought and thus found relief from the terrors
and insane deluslons with when ner INSANITY mad
filled ner mind. The subscribing witnesses per-
formed only the formal duty expected or required
OF Them as such; DR.. Pal ker did not realize that
the decedenis sanity, and therefore made poEe;
while Mr.. o'Conor, understanding that the re-
sponsiollity or of1ce OF such an examination
rested GU DR.. Parker, VINO interposed no objection
TO her capacity, and though watcnful, but observ-
ing n1snna ~ Tue oecs r, ianguage OF con
sponsibility himself on that subject. Still ne
deemed 1t professionally obligatory upon HIM,
even IL u doubt existed, not 10 hazard tine aGgra-
walton OF the decedent's maady by refusal TO
act further IN the matter but duty so 10 act,
II she was, AZ the time, mentally capable. No med
zeal expert had examined the decedent between
the time Of the clearly established insaniiy-ln
March, ls67-and the oate OF the VIII, 10 determine
whether her malady and insane uelusions did hot
still continues and IN the absence oil evidence TO
show satisfactorily that there had been recovery
(which Is not pr0ven), The insanity must be
deemed TO have continued until the time oil the
executIon-in January, lSes-ol the instrument in
bequests, tnat had It's origin while was insane.
And, though months had elapsed since The scheme
was conceived, the testamentary purpose which
mad sprung from her insanity ana fron the fearful
hAllucinauons ana delusiOns which were It's
effect, aud In which IL mad most striKingly mani
tested ITSELF was so deeply seated Lhat no tempo
rary subsistence or remission OF tue violence CT
her condition removed It. AMI, as If ineradlcaDe.
IL was long persisted In, and in no substantial
respect changed or nodded through two unsuc-
cessfu attempts Tor Its execution, notwithstand-
ing sppoln tment from the Willingness of able
ana discreet counsel o assist ner IN eIrecting it.
aud still longer afterward, until tue alleged Will
was executed under the circumstances stated
O'CUnor, codicll was prepared ana executed by
her, as part Of the original scheme, with the In
tentlon, NOT of changing the substance OF the be-
quest to the TWO societies., but the form only, In
order 10 cure possible legal defect In the mode
Of vestng the gut; but the decedent was, then,
In O less capable, or IN no better state to make
such an instrument; and the same precautions
were then taken by Mr.. O'ConOr 70 avoid ro-
sponslbihty on the question Of her sanity, Dy pro.
curing the attendancs OF DIT. Parker; bat there
Was as ~ he Q, cIe WILL .ne same
transplred on the occasion but little more than
legal ormaltles on the part OF decedent and the
others present. The same remarks have made
to the continuance OF insanity from Maron, 1861
10 the making OF lhe wall In January,
the period IRON that time TO tho date
vi the codlcil; after which the deoedent soon ex.
hiblted violent symptoms again. aud dnally
settled into senlle dementia which continued
until her death, early IN 1872 with unquestion.
able insanity IN 1885, when continued through
that yoar ana sull existed IN March, 1857, 1t
rested on proponents TO show, which they have
not 81 tiBac torly done that the decedent had re.
covered from that state ID January. lAoa Mhan the