New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-07-03
TIE CRUGER WILL.

THE REQUESTS VOID THROUGH INSANITY.
DECISION OF SURROGATE HUTCHINGs REJECTING
THE WILL AND CODICIL-Mss. CRUGER AND HER
DELUsIONs-MENTAL BEREAVEMENT DECLARED
TO BIZ FULLY PROVED
Surrogate llutchings rendered yesterday his
decision regard to the will of the late Harriet Douglas
Cruger rejecting both 1t and the cOdcil subsequently
executed TO any question as TO the Will ITSELF
Mrs Cruger woman of high culture, and at one
time leader IN society," and her troubles with her nus
band which resulted in separation and lawsuit were
sore years ago prominent matter Of discussion III the
upper circles.
Down TO 1854 she had, in such wills as she made
shown intention to leave the principal part OF her es
tate to her relatives In March, 1866, in consequence OF
fall she taken ill., and evidence Of mental dcrange
mt mt followed. In January 1865, she executed VIII,
and in July 1862 she executed codlci intended 10
confirm the WILL and these two papers were offered for
probate as her will BY this will she left the bulk OF her
property the Presbyterian Board OF Missions and the
American Bible Society She died early in 1872 aud her
relatives contested her VIII on the ground OF lch Oh tcs
tamen,ary capacity.
In his opinion, Surrogate Hutchngs, reviewing the evil
dcnce holds that her mental arrangement in 1856 is
fully proved, her imaginations relating TO physical
presence Of the devil to fire beneath her bed to the
death of relatives aud to despair Of her salvation The
Surrogate the question to he whether subsequent
to March, 1867 and previous to January, 1866
Mrs. Cruger so far recovered her mental
health as TO be capable Of making will
On the question of whether Mrs Cmger was con-
t1ollcd by a religious belief the Surrogate says
RELIGIOUS BELIEF NOT AN INSANE DELUsIoN.
Cpon another branch of the discussion appreciate the
force OF the argument of counsel for the proponents that
n mere religious belief be regarded, In any re-
spect as an insane delusion; the belief which
this deccdent entertained after her illness in 1860, that
could purchase her souls salvation by works be in
any way construed AS an insane deinsion atGoueh the
denomination,
educated and with which she had been nearly all of ler
life connected, held that salvation could be obtained by
With the proposition of the proponents as to religious
faith therefore, substantially agree and III the late mat
of the will of Bonard have discussed at length the
principle In that case held that even II thctesfa
tor Bonard did believe in the doctrine of metempsychO
Sis that belief uot III ITSELF evidence OF insanity Tor
tie that religion H. essentially, subject OF faith
or heller and that to future state, in logical sense,
there is major preIniss of knowledge. On
the question OF the condition destiny Of the soul, OF
when no man has any morc positive knowledge tnau can
he expressed by his own individual inth or bche held
that it would be imrroper, for court to decide that
IL appears me- however that this reasoning does not
cedcnt, in the proceedings before. me- II while, in
an u&doubtod rational state of mind she had
benefactons TO religions societies, contained in
t paper offered her VIII, against tie claims of
bate To the instrument But here the contest rests not
merely upon delnson but one when wac PRECEDED ny
ienon make the beneiaclon IN question until after
seizcd with and wne suffering under an attack
Of violent insanity"
PROOF OF SANITY RESTING OK PROPONENTS.
The Surrogate holds that the burden rested on the pro-
ponents OF the will 10 show recovery Of mental sound
ness the evidence of the proponents fails to show
such recovery and that the weight OF evidence il against
any such recovery He concludes his opinion foows:
In generalization OF the whole matter appears that
lady OF nearly 50 years Of age, until the year 1866
DISTINGUISHED for nai e9ao~ne s aai%rUi
Of strong Will, III consequence VI, Ga I'M
mcdiately following, Il fall in that year, sui
nv N a XLlpu al
suiels under the haucnatiOn OF the personal pis,thco
q" e d, VII and tue existence of ire undo. hci D
torment and destroy her; which manifestations OF dc
ringeuenI, among ocss, continued, WIN srru"r or
conceived the idea OF avcrting those fearful lcscnces
and evils. and of securing the salvation OF ner soui,
Dy scleIuo OF wili which would 1--WE tao ban
III her property alter death, 10 rehsous u1cs
and accordingly, in September, 1866 Nj. - f. ,1iii.
may 3D. prominent lawyer Of this Guy, wLs eonsdi'ed
and requested to prepare such pdie; oc; hc declined
TO be instrumental in SO doing bcicVn5 her to be III
conpetentto maze VIII. Ihoush nee iichCu eohh',oh
had become violent tEan before, since her IAN, st
he found her conversation ln'oheien'' ana was
50 convinced of her unsOundncss OF mind that
he unwilling 10 act fnrtner III the matter
Her mind remained di,0rdcrci until February or
March 1867 when again sie caused eminent counsel,
Ma OCOnOr, TO Dc sent for to prepare bsantlaly such
IA viii as had previously wished Mr.. SOutnmiyd 10
draw; but Mr. OConOr, on ea mug that her mental con
dtou had been Impaired the year before, was 50 much
doubt that lie wsned to be assured of her recovery
and therefore deemed 1t advisable u have the Attendance
DT. Willard Parker, Of great distinction III inc
medical profession and who attended tne deceGent III her
illness the previous year, to dec.ninc the ques-
OF her SAMMY, Tor The purpose OF making VIII,
".
from and in iact, 10 be Insane;
tnat execution OF sucn all stiuiheut al mat ue,
thereby prevented
sent iOI, Or TIC same purpose ana lie wac CAUTIOUS 'ud
doubtful, betUlc; bat concluded To act Tor her III TIE
OF the wll substantially as before prepared,
dsUsIg largely OF her property for Inc dsc al tio hiDe
two religious corporations previously dtsEniiCd, ana
q It's culOD, but not, However, unless
Ur. Parker snOud attcnI at thc time Tor tne par
pose OF judlns OF the deocJenCs ncni condition ana
II the doctor passed ullayoaDic Judgment respect
ing il, and lie MR. OCOnOrl saw nothing man
iitstN irrational III her conduct Or CONVERSE
ton, then would be Wiling IL proceed III the com
petiOn of the testamentdry act hr OtOnOr ana Dr.
Parker ATTENDED, WIN twO OinCr gentlemen 10 act
subscribing witnesses III January lsos aud the alleged
Will then executed; bul, though Or Parker oX-
pressed adverse opinion oi ncr sanity al that
iime lie Jude no examination, and en-
winch tine deeedenVs Insanity had before most
itself to test it's continued existence TO learn
her latent and real mental condition; neither aid Mr.
OCOnOr the subscribing wltesSes 40 3d. the occasO
the formal execution Of paper ne Will though,
cOrding Dr. Parker the ueccdcnt seemed 10 under
stand what she was DONG.
NO PROPER EXAMINATION or HER SANITY.
No medical expert had examined the decedcnt between
the time OF the clearly established insanity, in March,
1867 aud the date Of the WILL 10 determine whether her
maaly and deusions did not still continue; and In
the absence evidence TO show satisfactorily that there
had been a recovery (which is prevent the insanity
deemed Ia continued until the time OF the
execution, January, 1868, of the instrument in
ton, incorporating the scheme Of religious Dequest That
had origin WLiie she insane; ana, though months
had elapsed since the scheme was conceived, the
ties anentary purpose which had sprung from her
Insanity, and the fearful haluciDatiOns aud
delusiOns which were its effect, aud III which II
had most strlkiDgly manifested itself, deeply
mat teupUraTy kubsldcuce remission of