The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-20
THE COURTS.
Termination of a Most Remarkable
Will Contest.
1 STARTLING CONSPIRACY UNEARTHED.
Marrying at Bay. and Then Seeking to
Loosen the M atrimcnial Bonds.
THE LAW GOVERNING TIE COPYRlCHTING or PLAYS

The Barmore will case, some remarkable develop
menis in which recently made public has now APP
parcntly reached conclusion On the 18th OF Nay last
Alfred Barmorc supposed to be worth Millions and for
many>ycars President of the Knckcrbocker Ice Com
pany died in this city, leaving will dated January =
1874 giving to his daughter, Emma Eldridgc wife OF
Titus Eldridge lawyer in this city, the interest OF
$4,000 during her life and dcvlsng and bequcathing
the remainder his equally among his children,
William H. Barmorc, his son; his daughter, Juliette
shndler, wife OF James shndlcr; Margaret McCul-
lough wife OF Robert Mccullough, and Georgiana Mac
lay of Robert Macly tho President Of the Knick
crbockcr Ice Company and appointing Moses Maclay
and William H. Barmorc his executors. This will being
offered for probate, Mrs. Eldridgc opposed II, and
being aided by her husband and such eminent
counsel as John X. Porter, Clarence A. Seward
and Homer A. Nelson, AFTER long and
bitter Surrogate Hutchings deemed It his duty
20 reject it, upon the ground that II lad been procured
from Mr. Barmore by Tue influence. During the lit
gation before the Surrogate 1t appeared that Mr. Bar
more had made trust deed containing substantially
The provisions the WILL and Mrs. Eldridgc fled
bill in equity that aside upon the ground that
II had boon obtained by fraud and undue influence
Noses B. Maclay, during the litigation, had been APP
pointed special administrator OF the estate and after
the will had rejected Mr. Eldridge moved, In Su
prcme Court to have him removed upon the strength
Of the surrogate's decree and opinion which, Mrs. FL
bridge claimed. showed he was party TO the fraud
ound by the Surrogate In procuring the Will Nr Mo-
r. Macay's counsel claimed that tho motion should
be made In the Surrogates Court, and Mrs, Eldrdgc's
counsel adopting this view, made motion 10 remove
Mr.. Macay, which came on to be heard in March last
before the late Surrogate Van Setback
In the meantime Mr.. Moses b. Macay and the heirs
OF Barmore had been idle. Thcy had obtained clear
and conclusive evidence that the decree rejecting the
will was procured BY fraud, perjury and subornation
oil perjury already published, 10 the CONSERVATION
Eldridge and his counsel when IT was produced in
open court The Surrogate upon this evidence called
The 10th OF March why the decree rejecting the will
should aside and why the false and fraudulent
evidence should not be stricken from the case
Because of the illness and death OF the late Surro
Mrs Eldrdge and her counsel and Titus b. Eldridge,
being unable to and meet the proof OF fraud
and perjury, her default taken. although her coun
sci present but not opposing and yesterday her
decree rejecting the will was set aside on the ground
that obtained by fraud, perjury and subornatlon
Of perjury, and the viii was admitted TO probate On
tho grounds the evidence OF the witnesses Henry
W. Wheeler, Peter Mason, Edward /. Cushman, Eli
shcba Hcrrick, Thomas A. Ardies and OF Titus b. Ed
ridge was stricken from the record The evidence be-
fore the Surrogate and the proof obtained since the
LIST OF January last fill volumes Mr. Noses Maclay,
A. T.. Nudge, cx-Judge Bosworth, Ira Skater and : r.
Nash have been untirng in their efforts to develop this
gigantic fraud and they may well feel 2ratihcd over
Their success in vindcatng the good name Of Alfred
Barmorc aud his children from the obloquy cast upon
Them IL stated that proceedings will be Instituted
for disbarring Titus b. Eldridge and that he will be
proceeded against Crimnally. The heirs oil MT Bar
more is understood consented that the contestants
counsel should have the allowances originally awarded
them because they performed their labor good Ia IN
without any knowledge of the frauds and peruries en-
poyed and the interest $4,000 in addition to the
$40 900 provided for by the will Will be paid Mrs
Eldridge by her sisters. Thus ends one OF The most
remarkable cases ever known in our courts.