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

NLUWaTU 8nOWeu LnOse emlnGHL QuaIILIes
mini which had before distinguished her In the
higher circles OF society IN this city.
| thus IL VIII be seen that the scheme OF the paper
| prOpOunded as a Will was first suggested bY the
dec,dent early In SEPTEMBER, 1866 at a time
wnGl che was insane, and when state It Is ad-
mited, as | understand, or ID shown to have
continued Tor fully six months, until the middle OF
Mar;h, 1861, when DR.. Parker ana also Mr..
0'Celor. relying upon the opinion OF the former,
| behtred her incapable OF making documentary
instrument. The scheme OF the Viii, am sAtis,
| fed, vas the outgrowth OF fears for her spiritual
| safetJ, caused Dy the insanity that overcame her
In March, 1866. It's marked variance from the pre-
viousunilorm declarations OF her lie, testanen.
| tary and otherwise. shows that some powerful
motive must have impelled her cnanee OF pur-
pose while her positive declarations 70 Kew Dr.
| PaXtn ana 20 others snow that sne was con-
| WINGED that her souls salvation could only De
securd by making the new disposition sne pro
posed. Oi this iuea Rev. Dr. FaAton couio he'er
| disabISe her mind.
| HIS testimony shows TO my mind that on the oc-
| caslou of the execution or the Will he was merely
or SCARCELY more IMAM spectator. engaging IN no
conye ,satIon with the decedent except that which
s,opaI friend VINO happened 70 be present Hence,
| as 1t seems TO me, not understanding the re-
| sponslDIIty which Mr.. 0Conor supposed he had
| then assumed Dr. Parker having IN the occasional
| previous interviews observed her great improve
| ment ana q more rational conduct ana deport-
| nent ana remarking that her conversation at
those times on the limit ed range OF topics spoken
Of seemed to be In accordance with her habit be-
lore me attack, did not DOUBT the decedents ca
paciti TO make "a Will, and especially l5 she
seemed TO understand what she was dong. What
his conclusion would have been had he made u
critical examination OF her case IN repeated con-
versa,ioDs upon the subjects which were the basis
oil her decisions from early In 1850 to the middle OF
March, 1867, must be lett TO surmse.
Iu respect to Mr.. O'Conor 1t ID evident that he
| acted with hign sense OF professional care and
responsibility in all that he did. and that lie was
unwilling to act, except upon what ne supposed
| was tRe understanding that DR.. Parker would
| assume the determination OF the question Of the
decedenrs SANITY. Surprising that DR.. Parker
realized tnat he stood In that relation TO the case,
and objection being lnterposed by MIN, Mr..
O'Conor, as ne Saw nothing In the decedeut's Ian
guaee or conduct which appeared irrational. con-
| .nttr In nc n nIuht
| exist not TO risk an aggravation of her maady by
refusal TO assist her IN making will, which It
mental capacity IL appears to me that where
there has been, lndisputably an insane condition
whether. at subs equent period, there IS what Is
called a recovery, remission or lucid interval
there must be much more than mere ooserva-
tlon OF the person or q resort to those means
which are apparent TO The eye, so as to decide
whether The seeming composure may not be only
the result OF exhaustion or condition OF physical
reaction; and perhaps the only ef1caciOus or the
surest test IL TO address the PARENT with ques-
tons that bear some relation 10 the monomania
or previous form OF insanity. Opposition TO, or
dissent from, an opinion on well chosen topic
would IL the insanity still existed In latent form,
In all probability n not certainly cause the reap
pearance of tine disease or It's symptoms In speech
leave the person undisturbed In the calm enjoy
Inent or possession or the insane deluslon winch
had previously seen apparent and there would
probably in the latter case be no manifestation OF
deranged faculties IN violent or any seclded
form.
manifestation OF all forms or insanity. The SUD-
ject OF property 10 a notable one, and 1t has not
been an uncommon occurrence In nv official ex-
perience and observation 70 be witness OF con-
spIcuous Instances. Persons nave Visited me.
their conduct and conversation but who, when
they approached or any reference was mace to
stance, their rights or property, nave shown
themselves individually insane because 1t was the
to Which the INSANITY was prone to exhlblt itseir
most violently, and the slightest reference to 1t in
betrayed yea It, 90 mo- mot Sssm
which are be 1ounu In the treatises
on insanity to sustain these observations respect
ing the characte ristics OF insane persons, the
manner OF detecting latent insanity. when, with
out sucn tests, appearances and acts may seem TO
be rational. Hence 1t Is that physicians are often
greatly perplexed with doubt as to the mental
CONDITION ID patent AID IL Is OILY by the most
minute investigation and repeated interviews
that his true condition Is discovered in respect to
soundness OF mind.
Next, upon another branch Of the discussion,
appreciate the force OF the argument OF counsel
for the proponents that a mere religious belief
cannot be regarded In any respect as an insane
enter tanned, after her illness in 1886, that she
could purchase her souls salvation by works, be
In any way construed as an insane deluSton. al
though the religious denomination In the tenets
OF which she was educated and with which she mad
been nearly ali OF her lie connected held that
salvation could be obtained by faith alone.
Probably her pastor, Rev. DR.. Paxton, himself
distinguished tne0logian OF tho Presby
Church. was startled tnaE this accomplished and
intelligent lady, VINO, he supposed, was deeply
should. so suddenly, have announced a religious
conviction when. IN his opinion. was anti Scrip
tural. yet IL Is questionable wheIner the larger
nomination may not tall intelhgently and July TO
comprehend many OF the doctrines and distlnc-
tons involved ia the theology taught by Its ex-
Founders as cardinal or important points OF laltn.
The paper propounded as the codicil, when Is
equally the subject OF contest as the Will, simply
PROVIDES for the immediate sale and conversion
into money Of the residuary estate by trustee
and the gilt Of the proceeds ABSOLUTELY to the two
religious societies, instead or the income thereof
only. as provided by the paper offered as the Will
It certain that the wlsnes Of the decedent should
be carried out In respect 10 making the two So
Gle ties the principal benehciaiies, which IL was
thought by Mr.. 0'Conor might not De done, in view
OF possible inva1diiy OF the restduary clause In
the alleged WILL
gested by the decedent, but only by the eminent
counsel; and that even as late Us the time OF It's
execution she did not wish 1t 70 take effect II the
will could, ana that she gave reluctant acqules-
cence IN It's execution 70 meet possible legal
necessity or difficulty. The cudcil Is not q new
scheme for the disposition Of her whole estate,
but Is simply change in the form OF the gift or
ne 10 aa poron alone aepce So er rs
the intentions OF the decedent, expressed or midi
Gated IN lhe original paper, as 20 tue oenehciaries
VINO should ENJOY the gifts are concerned, they
are not substantially affected by the directions
contained IN the second. At the execution oil the
served az were followed on the execution Of the
former instruments eighteen months previous.
testing e. witnesses, Mr.. Brown and Mr.
Belknap, testify that the same f0rmalities
were observed as on the occasion or the execution
oil the previous instrument. Neither felt himself
called upon 10 decide Tor himself as to her fitness
TO make u testamentary instrument, anu each un.
derstood shat the object OF the execution or the
new instrument was to cure legal detect In the
other. Mr. O'Con0r, with the extreme caution
which he mad previously observed, notified DR..
Parker 10 De present on the occasion. and doubt.
less with the same object, that upon him might be
placed the responsibility OF deciding the question
or the decide nrs sanity. Mr. 0'COnor saw nothlng
irrational 10 ner eonouct when was The same az
on the previous occasion. she assented, IL Is APP
In tile provision OF the vii. ana the
usual formalites In Tho execution OF tesla
mentary instruments were observed. Hence,
so lar az the testimony OF the subscribing
witnesses ID concerned, IL fails 10 establish u
recovery OF mental soundness since the period OF
the execution OF the alleged Will, aud neither nad
seen her In tae interval or had had any means or
informing himself as 10 her mental condition.
the only otner witness produced by the pro-
pOnents on this point Is Dr. Parker, who, waen he
attended ut the execution IN response TO the call
u NE NlGnnnr made no more aYnmlna lion intn