The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-12-27
AN OLD MAIDS LAST WILL.
ELIZA HEARsEY's FIFTH DIsPosI-
TION or HER MONEY.
The Instrument Contested by Tive Public
Charities Allegations Of Forgery, Fraud,
and Uonspirncy-The surroRate's Opinion.

The Instrument Contested by Tive Public
Charities Allegations of Forgery, fraud,
and Conspirncy-Thc surrogate's Opinion.
The will OF Eliza Hoarsey, who diod in
Charlton street last February, seventy-eig ht
years old, was admitted to probate on Saturday.
II disposed Of property to the amount OF about
100000. Elizabeth and Harriet Lovetidge receive
the house where she lived, 40 Charlton street,
with Its furniture. The rest goes to Mary Eliza
beth Noyos OF Harrison square, Boston, a
cousins daughter. Miss Hearsey had lived for
sixteen years nt 40 Charlton street. she had
been a sufferer from q chronic physical ament
for many years, and for over year previous to
her death had seldom left her apartment In the
second story OF her residence.
The will was nontA-.-a he t,o f,hrdroo,s Ala
Society, leeatee under will executed In 1872,
upon allegations OF want Of testamentary ca
pacity. OF undue influence, and OF forgery. con-
spiracy and fraud. st. Luke's Home for In
digent Christian Females, also previous leratee,
was another contestant. Great interest was
manifested in the contest by Mr. J. w. Van
ltiper and hts daughter, Mrs. Mary E Blauvelt,
VINO were leg tees under the will OF lS72
although they fled no objections
The allegation NJ forgery the Surrogate dis
ni-ss' rss ss ~; xh9y ;Sncs Unsupported, -
tary capacity he pronounces weak and
shadowy. Mics lIearsey was an invalid, and
was sometimes Irritable and capricious. II was
shown that in n moment OF mental confusion
she once imagined that she was still living at
her former residence In King street. During a
ueriud or extreme illness she was occasion dIly
tiighty. saying she heard voices, and speaking
in "A confused way Of a cons spiracy In the house
Once she spoke Of former Intimate friend who
h d died as still living on the opposite side OF
the street.
on the other hand. Dr. George Wilkes, whom
the surrogate pronouuces gentleman OF high
professional and social position, and who was
Ia tNk v nV va
testified that she was strong minded. intelli-
gent woman, fond of reading, reciting and mu-
sic, and familiar with the poets; that her physi-
cal maladies did not affect her intelligence or
her brain power IN the slightest degree that ahe
competent to take care OF her afi hrs and that
this condition of her mind and intelli gence con-
tinned until within forty-eight hours OF her
death.
Ibs Surrogate disposes OF the allegation OF
want OF testamentary capacity as improved.
he allegation OF fraud, conspiracy. and undue
influence the surrogate examines verv fully.
There were four wills previous to the one ad-
1852 $50 an is7s iHs % esstees uSSer n them iSS
were the mother OF Miss Noyes, tho legatee un-
der the present will the testators brother
stephen, her adopted daughter, Melissa. the
New York Orphan Asylum. the infant son OF her
adopted daughter, her cousin, Sarah Il. Hear
daughter, his daughter, Mrs. Blauvelt, the tea
tt31tors t1 hon,seskeeper, Mrs. Holmes, 81. Luke's
Her brother, her adopted daughter, and the
lstter's CTS pring died before her. Mrs Holmes
lcU her before her death. Mr.. Van Riper and
Mrs. Blauvclt, his daughter, were made egatees
on account Of assistance rendered her some
years ago in the management OF her estate, and
Tor Kindness shown her. Their friendly rela-
tons were brought to an end, ana succeeded by
an estrangemcnt in consequence Of Mrs. Blau-
velrs unwisely going to live with Miss Hearsey
She was IN ihle to accommodate herself to the
lltter's in1rmtic- and whims. This the surro-
gate considers .unlcent explanation Of the
omission ~ Mr. Van Ripper and his daughter
from the last will.
The Misses LoveridGe followed Mrs. Blauvelt,
taking her ace IN the house with Miss Hearsey
They succeeded better In adapting Themselves
TO the invalids peculisrities. They kept her
company, read TO her. attended upon her, and
tried To entertain her. This the Surrogate pro-
nounces sufficient explanation OF the fact that
they succeeded Mrs Blauvel and her father In
Miss Hcarsey's VIII, AS they did In her house
and affections. and became deyisees of the resi-
dcnce IN Charlton street.
Mi-s Noie- was the testator's nearest living
rentive, except Miss NoyeS's brother. whom the
surrogate regards ~ identified with her In in
t"rcst There was warm affection between her
and the testator. She was formerly a school
teacher In Boston, receiving a salary Of Sl,OO0
which she gave up to pas some tine with Miss
tie elrscy, upon promise from the latter that, the
loss would be made up to her. For these rea-
sons the surrogate thlnks IL unnecessary to IRE
sume fraud or undue influence on the part OF
Miss koyes He thinks II natural that she
shodld have been made lesatee to the extent
she was
The fact that the will was drawn up by the
father ~ the Misses LoverdEe Is satisfactorily
explained. One OF the daughters desired law
yer, but Miss Heafsey preferred MIR. LuVeridgc
The will was drawn up On Of tue ordinary
blanks furnished by stationers. The Surrugate
remarks upon the folly Of laymen who draw up
wills for themselves or others. lie does not
consider II IN this case a reason for suspicion.
Miss Hearsey withdrawal Of her benefactions
from pubhc charities are explained by distrust
she formed, and iesr that her money might
come into the hands Of the municipal authori-
ties, after which II could not DO safely pre-
dcted what would become oft.