The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-12-26
Mrs. BAKERS MONEY.
VIII Made Under InvaIidating Circuin-
stances-A PHYSICIANS Influence.

Ann Eliza Baker was a widow Of about
forty years Of age at her death, In 1874. A paper
propounded as her will was executed one month
previous to her death, by which 5000 was piveD
to DIR. wellington Is. Searles, who was made
sole executor, the residue Of her property, about
1900. being distributed among relatives The
validity Of the instrument was contested In the
sutrogate's Court. on behalf of two nieces, VINO
were practically cut On. while DIR. Searcs was
not relative. Tho contest was based upon an
alleged want Of tostameutriy cap, city. and
fraud, coercion aud undue influence In the pro-
curemcnt Of its execution.
The testimony may be compressed In the fol-
lowing narrative: Mrs. baker belonged TO
highly respectable family, and was a woman Of
education; but had. several years before her
death. been a drunkard. She seemed powerless
TO resist her unfortunate appetite. She had
been a constant source Of anxiety TO her moth
cr, who. hy careful oversight. was able IN some
degree. to prevent her from gratifying her ab-
normal thirst tut the mothers death In May,
1874, left her with scarcely any restraint. By the
mothers Will. Jr. Scarlgs. who had been for two
or three years her attending physician. was APP
pointed her executor. Mrs. Baker remained an
occupant " her mothers late residence until
ehc lets 10 take up her residence with DR..
Scarles. During the intervening period she was
almost constantly intoxicated. and nr. Searles,
as attending physican and executor of her
mothers estate, WIS daily visitor. Her habits
uf lntoxication continued and she was drunk
on the day upon which the paper offered as ner
VIII ~ hlleEe1 TO nave been executed.
The Surrogate said Inc case exhibits fea-
lures which satisfy me that the deccdent did
not ~ with that freedom necessary to cOnstt-
tute " her will, and that, In bequeathing nearly
all Of her estate to DR. kcarles and his family,
she was moved by sentiments Of fear, caused
bv mental weakness aud bodily disease. That
Dr. ScHtlcs had been for years the medical at
tendant Of her mother and Of herself imports Il
relation In which dominion could have been
easily exercised over the dcccdent, In view uG
her habits and mental characteristics. IL In a
principal Of law well settled that. where there IA
between parties "A relation importing Dominion
or influence 10y one over the other, ike that Of
physician ana patient. gifts or bounties from
the weaker to the stronger party. In derogatiun
Of the rights ~ others who are the natural re-
cipients Of such benefactions, will not be sus-
tanned by courts, except uuOn strong At
nrmative evidence bv the recipient that such
Gifts were made without Improper suggest ion.
In the present case there Il a failure to over
come this legal presumption Of undue influence,
| The presumption OF undue influence Is incrcas-
ed by the facts. The paper Is In the handwrlt-
| Inc OF DIR. Searlcs.
II was In the absence OF the decedents friends,
while she was sick In bed. within month Of her
death, ON the evening OF DAY when two wit
nesses state they had seen her under the In
| nuence 81 liquor with no one present but DR..
Searles, the princiI nj beneficiary, hi@ wife, and
! the two subscribing witnesses personal friends
| Of his Of manv years standing neither OF whom
| had any acquaintance win the decedent more
! than would he gained IN one or two casual meet
| ing In DR.. Searless psrlors and Furthermore. the
! execution ~ the instrument was superntonded
by Dr. Scarles husclf
| But admitting the due execution OF tho in
| strument, the case presents he bald features OF
dtunkard who for SIX months was under the
daily care Of amedlcil attendant. he being also
the executor OF her mothers Will, and holding
| control Of her means; and who. within month
| Of her death. executed a tcstdmentlry paper.
drawn by the person who rad thus had such OPP
| por, unlties Of acquiring dominion over her, I'm
which she bequeathed to him and his fAmiy
| nine-tentha Of her estate. though aliens to her
| blood. anu excluded from her benefacton her
nearest rel itves. two young niece, for whom
she had expressed affection. The VIII must be