The New York herald., 1877-01-11

oeen provoeo 20 destroy the rats The case was trco
before Judge Blafchtord, who yesterday rendered q
decision granting references. Messrs Beebe, Wilcox
Gibbs appeared Tor Gomez; and Asssrx Benedict,
Tant 4 Benedict for she bark
FIGHT OVER BROTHERS WILL.
In the matter OF the contested will OF Daniel Hey
man, deceased, testimony taken yesterday before
Surrogate Calvin. The deceased formerly resi-
dent OF Yorktown, Va, where he was engaged In real
estate and lumber business with his brother-in-law
Loeb Wolf. Being in feeble health hc came to New
York In the spring OF 1876 and took up bis residence
with the Wolff family, and soon after died during
his last illness he made tho will In contest, In which
he left his entire property 10 his sister, MIS- W oln
and therein appointed his brothcr-in-law Mrs VOLTS
husband, his executor Upon the will being oHered
ior probate objection was raised oy MIS- ho
alleges undue influence and want OF testamentary
capacity 10 make Will In her testimony Yesterday
tho contestant deposed that when her brother was
taken sick tho VOLTS interdlctcd all intercourse
between him and his other relatives She also charges
naltreatment and neglect TO the extent OF fastening
the death of her brother that deceased, under the
duress and neglect he suffered. earnestly desiIeo 10
DO permitted to 30 to the homo ot the or
q hospital, which was strenuousy combated and
denied by the Wolls, and that, under these circum
STANCES, the will was not proper expohsnt oI Tue
testators desires affections as regarded inc otner
members oil the family, the contestant included.
THE ROLLWAGEN WILL CASE.
Three years ago Frederick Rollwagen, tho million
naire butcher, died leaving widow, three sons,
daughter and seven grandchildren by deceased
daughter A will was offered for probate which was
rejected by the Surrogate, and his decision was
affirmed by the General Term Of the Supreme Court
aud by tho Court OF Appeals While this litigation
pending the eldest son aud the daughter died Ine
eldest surviving son. Louis Rollwagen then brought
an action in partition against ail the parties In IN
terest, including the alleged widow. but alleged that
she was not the lawful widow OF Frederick Rolwagen
To this complaint the widow demurred on the ground
the COMPLAINT did not state cause OF actlOu
against her The matter came up for argument yeser.
day before Judge Lawrence in Supreme Court, SPECIAL
Term, Mr. Arnoux, Of counsel Tor the widow, claimed
Tor the widow that no party could be MADE party de
iendant in an equity SUIT who had common law right
of action. and that her right TO admeasurement OF
dover was a common law right Mr.. Henry L. clinton
Mr.. Langbcin. for plaintiff. contended that by the
terms of the Revised Statutes the Diantn was conn.,
PEELED proceed the manner he had DONE DECISION
was reserved
SUIT BY MRS. PARAN STEVENS.
Tho late Paran Stevens not long before his death
brought suit against ox.SherG Brennan, 10 recover
$3 400 value OF furniture taken by the Shcrn ON De-
cember s. 1871, from NO. $50 Fifth avenue The com.
plant In the CASE which made on January Is.
1872 s sworn by Mr. Stevens the autograph OF the
deceased millionaire showing tremul0us CHI
rograpNy usually attendant upon advanced age Mrs.
Marietta Stevens brings the present SUIT IL came 10
trial yesterday, before Judge Van Hoesen, hoiuing
trial term of the Court Of Common Pleas. Tho de-
fence s that Nessrs Herter L. Marsh sold the furni-
ture in question f. r. Stevens through false repre-
sentaons made by The latter and that, believing they
had a right 10 recover possession they called upon
the Sheriff to sezc 1t, which was done. II Is
claimed for the plaintiff tnat the same was his prop
erty, having boen given to him in pay ment Of rent
The trial will bo resumed this morning. Mr. Edward
NJ Flint appears for the plaintiff and Mr.. Bookstaver
Tor the defendant
NO CREDIT FOR TRUTH TELLING.
The January Torn Of the criminal branch of the
United States Circuit Court oened yesterday Oy
Judge Benedct The first business transacted wus tho
rendering of decision In the OF the United States
against George Jones' who was convicted 1T the last
term of the court Of appearing witness IN court
OF naturalization for alien who had resided IN this
country the specified legal term OF five years, but
who was unknown 10 tho prisoner An application for
u new trial and arrest oi Judgment was made on the
ground that, inasmuch Jones swore to the truth,
although he did not know the fact. he not guilty
of perjury Judge Benedict said hc had carefully con-
sidcred the pon and was of tho opinion there was no
ground for the notion and that the prisoner had CON-
nerurY Jones was then scntenced 10 Thirteen