The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-01
INTERESTING WILL CASE.

Among the contested VIII cases In this city the
Here@y will case has excited unusual interest
paper claiming to be the will OF the deceased.
bearing Date the 1ltn Of July 1874 has been Of
fered for probate before Surrogate Hutchngs, by
lanes Loverldge aud Coolidge Barnard, executors,
and by Mary L. Noyes. the residuary egatee. The
property at stake amounts to about s15000o. Tie
probate OF this WIN is vigorously contested by the
legatees or a previous VIII. H. G. DE Forest APP
pears Tor the proponent or the Will, and Henry L.
Clinton aud D. Z. Jacques appear counsel for
contestants.
On the Sfh OF February, 1875. eliza Heresey, who
was seyenty-seven or seventy eight years OF age,
died at No. 40 Charlton street. in this city. She
mad been known for great many years as Mrs.
Eliza Hail. The house In which she died had been
owned by her Tor somo twelve or fifteen years.
sne had been an invalid Tor long time, and for
rear or two before her death mad been scarcely
able 10 leave her room. she had children and
no near relations. When She commenced living
81 No. 40 Charlton street she had an adopted
daughter named Melissa, VINO was then about ten
Dr. twelve years OF age. lu 1869, Melissa married
roung man named james Tnrnbul. Some fifteen
months aftersard Mrs. Turnbul gave birth TO
son. and died two weeks afterward.
a year afterward the infant died. In
1869 Mrs. Heresey made a will, which was
drawn for her by Quentin AcAdam a member or
ne Bar OF this city. In this will she gave the use
G the house No. 40 Charlton street TO her adopted
taughtcrfor life, and after her death TO the Five
Points House OF Industry. In fee She also save 10
,er cousin Tor second cousin, Mary f. Noyes,
$4,000. After providing for small leGacies she
made the New York orphan Asylum resduary
egatee Of the rest OF her PRO- erty. The executors
we're john II. Van Riper, a dry goods merchant OF
shls city, aud his son-iu-law. Charles A. 6lauveit.
On tue Sth o. November, 1870 her ADOPTED
daughter Mrs. Turnhul, having died. Mrs. Here
ecy made another viii, which Was Drawn for ner
by Ar. McAdam, n wnlcn, among other things,
SHE gave Howard Turnbul. the infant son OF her
adopted daughter Melissa me interest on $4,000
Ryesr until ne should attain the age OF twenty
one years, after which tae principal sum was 10
be pale TO hlm. After providing for number or
ana her daughter Mary Il. Moves. were made
resduary legaiees Mr.. Van Ripper and Mr.. BIau-
VET were the executors.
In November ls79 TIE infant son OF the ADOPTED
daughter oil Mrs. Heresey having died. she made
third VIII, which was also DRAM Tor Der by Mr..
McAdam, by whlc1 she = We her cousin, Sarah T..
Noyes, legacy OF $1,000. Mr.. Van Ripper tae sum
oi $1,000 and Adelaide Holmes, Who then kept
house for her at No. 40 Charlton street, 5000.
TRls viii gave the house ana furniture, 40. 40
Charlton street. 10 Mrs. Bauvelt, the daughter OF
Mr.. v. R,per and the wife OF Charles A. Bauvelt.
Mrs. Bauveit from childhood mad been an IN innate
friend and companion OF Melissa the adopted
daughter OF Mrs. Herrsey. she stated that she
gave the house and lurnlture TO Mrs. Blauvelt out
OF aspect % the memory OF Melissa, TO whom
rEis VIII Mrs Heresey gave to MARY Il. Noyes 900
year curing ner life. rue residuary legatees
were st, LuKe's Home for INDECENT CuristIsu Fe-
males and the Chlidren's Aid society. After this
will was executed Mrs. Heresey proposed
Mr.. and Mrs. Bauvelt that they should keep
uOuse for her at No. 80 charlton street. she IN
us-ed upon this IN the ground that she mad done
10 mucn for Mrs. Blauvelt having gwen her many
presents. an having PROVIDED BY her VIII that
she shouid become the absolute owner OF the house
Mr.. and Mrs. BlauveIt accordingly moved 10 the
house No. 40 Charlton street IN April, 1873. Mrs.
Blauyelts housenold duties were TOO much for ner
strength. aud ner health gave way IN consequence
ana her husband requested MRS. Acresey
Der, to which tie latter assented. Mr..
and Mrs BlAuvelt lett the house IN April,
1874. Their cordial relations continued with Mrs.
Beresey up TO the time OF her death. After the
Blsuvelts left James Loyerdge, his vile and two
daughters moved 10 No. 40 Charlton street, ana
Kept mouse for Mrs. Heresey. Mr.. LoyerIdge y an
.ugl'snlnan, who. as he testified came to New
IOIk Ia 1a4d. lie testified upon hts cross-exam-
nation that for ten years Oei0re moving TO Cnarl-
ton stree ne had no otner business tnau nursing
been carver for Bodine, a CABINET maker IN this
city. he obtained from MRS. Heresey lease OF
aItion that she TO herself the second loor
RDd tpaS he tLoverdge) provide her with "neces-
seti that MRS LoveridGe. when speaking
n reference 20 the Iact that they had
Gao got the best 81 her aud she coud not turn them
put. In July, 1874 Mr. Loveridge telegrapaed 10
whlcn she did and brought win ner friend OF
Der family living IN tue same house with them,
named coolidge Barnard Iney arrived tate on
day, according TO the evidence OF proponents,
MS. Hall made viii, oy WHICH she gave the
house and furniture No. 40 charlton street 70
Elizabeth and Harriet Loveridge. daughters OF
lanes Loverdge, aud made Miss Moves ner resi-
5iiary leRatee. pc circumstances winch, accord.
ng to the evidence, attended the execution OF
shIs paperw very suspicious and extraordinary.
Mrs. deTesey's lawyer, Mr. McAdam, wno had
drawn all her previous wllls aud VINO had her en-
ure confidence, was not consulted No persons
we're present except those interested IN the Will,
riZ. Miss Moves, the residuary legatee; the two
Executors ana the Loyerldge family. Inc Will was
Drawn and executed sunday afternoon. Mr. Low.
HANS intentions respecting me VII, was told 9I
lrswn. lie had blank wil in readiness. which was
Immediately filled up. one % nls daughters went
Dor 10 act witnesses. Before Miss Leverage re.
Furned. although she was gone but short time,
the VIII was executed. Tue two executors, James
Loverdge ana Mr. Barnard acted as witnesses.
Loverdpe Immediately took the Will after II was
executed anu seGt out for = lawyer 70 examine "
md see ~ " vas alt night. Tue next daV ne
.ook u 70 the SuTogate's TO ascertain II
was 10 proper form. Inc execution OF
rienas. Mr.. Nau ripper whO had been executor
1nder al inc previous Wills, was not informed 81
before her death, had transacted all the business
Of Mrs. Heresey aud had possession OF All her secu.
rites He continued 60 DC her business agent no
to the time o. ner death. Tnis paper, which was
executed sunday, was dated the previous
saturday, some Of the psrtles present rearing that
WIN oated on sunday WOuld not nc NaNd.
month or two alter tbs viii purports to have been
executed, one OF the witnesses testified that Mrs.
Jersey told ler that Loverldge had attempted
70 induce ner 20 let him take caarge OF ncr bust.
ness d1alra ana nischBrge Mr. van Ripper, winch
she refused TO DO. Numerous declarations u the
deceased were proved GU the part Of the contest
ants, showing. az they contend, that Mrs. il1re-
ney Old not know 81 tue execution Oi this VIII, or,
al all events. did not know It's contents. ApOuG
the time the paper bears date, according 10 tue
evidence. Mrs. Heresey was AFFLICTED with strange
nauclnauons. She thought she was stu living
IN house. formerly o@neQ aud occupied b. her,
III King street, and FROM which she had moved
some fifteen years before, having sold II 20 Love.
ridge winch circumstance was the occasion OF
ner becoming acquainted with him. sac spoke OF
hneiglbor. aud particular TREND Of ners, VINO had
uesn deaa some time Though she were stili lig
l0g. She stated that snc cOuld not remem-
ner rom moment 20 another what
Dad occurred. Although she h9d given
lease % Loyertdge o. her house for three
Feers, yet = icw months aiteTward IA an interview
WIN inend OF hers VINO was visiting her, sne IN
sisted tHat tbs frienu should come tne e aud take
the p acc ahd Keep house for Ter. She SAID the
cohsplratOis we're trying u pot neT money aud
she was AFRAID ul tuem. Her rooms we're In a tate
~ great uhcican1ness. She refused yea after
10 ID. I'll. nnL al