New-York tribune., 1876-07-12

IN appcation 20 thr Court to open Naca.c TIE probate
not party to the proceodugs' and would
therefore nave no standing Ia appeal
OBJECTIONS 10 JURI-DiCiION MAY BE RAISED.
On a c.uolal consideration OF TINS objection am in
cncd Tie opinion that any objection to Jarisdicion
or Otherwise l respect 10 the Probate Of the VIII IA qes
tiUn or its validity due execution, may be raiscu, in
ANY proceeding instituted for the purpose Of enforcing
claim to :Ac gc estate, and that the statute OF 1870
woud not ais,t perton who was not male party to
the probate
on ile argument IL was god by counsel for the cxecu
probable ground for den al OF me Probate of the viii
question II opened, because OF the nprobabhiy o Nh
linton influencing Nj Stewart 70 d,Vac BIS rcd estate
+, III, wIc who would seem TO have the best risht
Ia II, while Mr.. Hilton, IA he WaS not IN
tcrcstcd tho real estate, appears to have had
no motive FOR the exercise OF such influence
But IN IL would DE Unprecedented rs We'll un
st. for this Court IN passing on preliminary motion to
open decree for tc pa pose of cndbhg Tie pciuncF
10 prove. moi by a'ayjs, but by competent proof. To
determine toe ultimate merits OF The case, nor is i
propc. that should cNprcs any opinion ,i th5 pfeiim
probability. Bcsdes, tire viii made st the
imc respect botJ kinds Of property, and b. the
quite diIhclt dettimne that the inlG nee did not
affect tine All In al its POINTS.
Some observations and experience have led me 10 de-
plure the grOwng rreyeIent d.aIrgard by hrirsa-aw
and next Inn Uf the lat wills aud lestamcnts Of those
moderate competence, or on abundance and VIII" pur-
suan To law have presumed 10 besio" Their pance or
fhcr fortune, aCcO,dug 10 tn"ir free w resu2 IA The
dssipaOn Of fortunes well - family concord by dis
honorable and rnsecnly legal contests nniil the per
anxiety lcst iis attempted performance should provo
seriously detrimental rather tan beneficial 10 tho'o who
aTc Just objects Of tcs.ancnlfy bounty. Ibcso evils
are ic.t and deprecated by those of moderate
means tluu by The wealthy, aud In great majority Of
eases where wills executed the amounts devised or
I,ep .cathrd small, and yet upon such mragcr
bounIies drIWnd the ststrnancc or comfort OF
an ancc;iUI..tc and loved Lc!rinect and tnc cdu-
cation OF beloved ana duiliui orsprins, the
" venerable parents or perhaps ad ana cncOur-
agcn Of worthy thiistiau char!iy or public
bcucuctou Tie Interference with ilc deliberate ana
intelligent disposition Of estates shOBd moi DE cncour
..tfI al HI. All
lg UApeniGuht, 10 overthrow lat wills and tcsiHpeHts
allowing tJ receive iuil the estates COM
pilsiiion 80! iirir unYaauicd assault upon lheu bc
discouraged. coItaIir 10 ciiHc ~ !iIitirc should bc
held i;lc Of good alth before they receive
Allowance tle estate.
.'nc que,uois iH,o.ed in this proceeding aie In
pJlah!, delicate, and nos cay OF sOutiun brcau.e
ine authorities very icw treating upon them /;
bar II err Ia my conclusions there IL a ready
al convenient node of by which such error can
be cJriecte WINE the law should be administered with
C!Ie alike involving su1l ana largo amounts,
with absolute niaTaitJ, yet ~ case of tle ii
prcctdoicd snitde o tin proceeding likely 10 afcct
sue vast n;eicsls aud challenge pbiic attention mas
seemed 10 tlat extraordinary care anu diligence