The New York herald., 1877-12-19
EX-JUDGE CoNNOLLY's WILL.
1T is ADMITTED TO PRoBATE-suRRooATE
CALVIN ON THE FAMILY sQUABBLE.

1T is ADMITTED TO PRoBATE-sURRoGATE
CALVIN ON THE FAMILY soUABBLE.
Surrogate Calvin yesterday admitted 10 probate the
will OF Judge Michael Connolly. This will exc
cuted on the 1st oil May, 1876 and the reasons for
the delay IN the decision admitting the will will be
found in tho following facts, >as given In evidence
Ellen Louisa Healy, his only cbld contested this in
strument on the ground that her father ncompe-
tent to make it, that not legally executed aud
that 1t was Obtained under undue influence To Mrs.
Heay bequeathed her fathers household furni.
turc, the occupancy OF her dwelling for lie and a
yearly income OF 81 900 from his estate In addition
the testaor lett to his sisters, Mrs. Sexton Mrs
Gum ingham So, 900 each TO Charles f. Connolly the
husband OF his deceased daughter, ST. 900; TO Mar
garet Grinnon, 5000; Thomas Finnigan, 81 900; for
charitable and religious purposes So 00 for the
tioD OF a suitable monument to himself. 81, 5oO and
directed tho income OF the residue OF his estate
to 70 TO the issue OF bis daughter, or
IN default of such Issue to go to his
next OF kin At his daughters death A certificate Of
Dr. Nathaniel G. Hustled appended to the WILL to
the effect that the testator OF sound IN nd, and
unduly influenced when he executed his WILL
and had urged Dr. Hustled to give the certificate
against uniounded contents OF the instrument On
the trial OF the contest Dr. Hustled that he
lieved the tcstaor oi sound mind and free IRON
restraint when ne executed his will John Sheridan,
witness TO the viii. testified to the effect.
That the testator had sometimes been under the in
nuencc OF liquor, but never drank before noon, and
that he tho habit OF treating those vino called
his residence, but did not do the evening Of
tho execution OF the Will until after Lnished.
when all the parties had champagne He was an active
politician and would, during yass, be up until
early IN the morning. He always spoke OF his
daughter Wit great kindness, ana pltied her
count OF what he called her unfortunate marriage,
John Morgan another witness 10 tho will, gave
mony Of similar character A great deal Of other
testimony relating TO tho testators drinking habits,
condition oil health, love for his daughter aud dislike
for her husband WAS taken.
In MS decision surrogate CALVIN said that had not
been shown that Judge Connolly did not fully UNDER
stand the amount and racler OF his property the
persons having claims upon ms bounty, or that he did
not luy apprehend the terms OF the law, anu he
parently made the instrument consistent with the
nature ana vane OF his property. 1t had been con-
tended that the provision Tor his daughter
qu0te; but II he VAS OF sound mind he had the legal
right to usinhurit her II he chose and daughter had
no power 10 dictate now a sane mind should dis poso
oil properly The surrogate then concludes his deci.
sion as ioows:--
IMPORTANT REFLEcrIoNs
ssSome severity of criticism has been INDUCED in
In this case on account OF what may be denomiDaed
indecent effort The part Of the contestant ex-
pose 10 public gaze The alleged Weakness Inconsistent
ces and deDaucheres of her iatner and tho imputed
fraiilics OF her husband. And above all, TO publish
the alleged haucinution oil the deceased to the
purity o his only surviving daughter, and this
TO BIZ the appropriate occasion TO state the true daly
OF the Courl in such cases. Whine IL is undouDt-
edly the most lumentablo and reprehensibe ill.,
hrmity Of fallen human minds that
many are found willing to lrampe on the ordinary
decencies OF life and the sacred memory OF parent
and TO traduco his character uncover ami exaggrate
his weakness, ana, II possible, degrade him TO
lunatc or imbece Tor the sake oi larger share OF
his estate, yet the law permits such conduct and
cannot take cognizance oi tho manifestations OF any
unseemly motive winch may enter into an asse r,,on
aud enforcement Of legal right, aud
hence, though the stake may not DO SUI
lcient in tho minds OF correct thinking persons to
compensate for such humiliation, yet The Court
the TACT into account or detruct featners
weight from the rights the law coniers. | am OF The
opinion that the instrument propounded the last
VIII ana testament o Michael Con molly deceased
executed IN conformity 10 law, ut time whom he
sound ana disposing IN nd ana memory, ana that 1t
executed without any unduo influence excr-
clscd upon him, and that the SHOULD De admitted
to probate"