The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-15
MIR. BOARDMAN'S WILL.
ACTION OF NEW YORK LADY TO RECOVER
FOUR MILLION DoLLAEs-HtR CLAIM THAT
THE TRUE WILL WAS STOLEN.
lpY TEILoRAPH TO THE HERALD

THE TRUE WILL WAS STOLEN.
lDY rELEoRAPH TO THE HERALD
aF BosToN, Juno IA, 1871
Tho celebrated Boardman Will was again In
court to-day this time in new phase before tho
United States Circuit Court where It came up very uu-
cxpectedy. Mrs. Anna Newell, Of Now York. xho as
plaintiff ~ interested and ANXIOUS TO the extent Of
ABOUT si, 10000 was present tho company of
lady friend. Judge Sheplcy presided, aud the case
came before him on demurrer to the declaration af
Mrs Newell against Jno. d. Bates, Mayor Prince,
George ). Cushing, Patrick rant, Mary Hayden and
Henry q Brooks all OF Boston. IN action OF tort
for $4,000 00o Tho circumstances OF the case
too familiar TO the public in this vicinity 10 need
detailed rehearsal After tho death Of Mr. William H.
BoardmaE. an old Boston merchant, Mrs Newell Tho
plaintiff IN tins action, contested the will NIT
ted by the Probate Court to be the dual action oil tho
deceased with his estate, and offered the copy Of will
ma.o in her favor TO large amount, which was finally
rejected by the Court. She claims the above
named dciend ints damages for conspiracy deprive
her o, her rights bequeaihed 10 her BY what she
claims be the last Will ana testament the lae Mr.
Boaraman. she further thai the defendants,
during Mr. Boaedman's last illness, unlawiully caused
him 70 bo placed under the guardianship OF Charles
Homer. Patrick Grant aud George 5. Cushing with IN.
tent TO unawiuily get possession Of his VIII aud To
conceal and destroy IL; and that IN tho pursu-
ance Of tho conspiracy they dad al the time
oil Mr. Boardman's death, obtain his la.
Will and conceal suppress destroy Tho
same. Also that they .rauduently caused 10
be presented and proDated a paper written by Mr.
Boardman IA 1871, ~nich his last VIII and the
defendants knew II Was not wnen they offered II Tor
probate That under the VIII Messrs. Bates, Grant,
Gushing aud Charles Homer ap pointcd adinnis-
traitors ofthe estate, and Messs Prince, Cushing and
Grant trustees; tina, the estate has been disposed OF
unGer ihls !ranlulcnt ws!. Inc dccaration furlbcr
sets iorth that the dcysndanis have concealed tho
entire facts auout the ~il
THE ALLEGED TRUE
Tho second count Of tho declaration AYERS that Mr.
BoaidinaE made last Will aud testament in 1900
revokhs al previous Wills IN the presence Of Charles
IA. oeadnan tno~ dcadj, Dexter J. Mills, and serene
7 lhayer lnow dead, ~ Which Mrs Newell left The
house 90 Mount Vernon street, The care
OF 100000 10 establish institution
tor the benefit OF working women. She is aiso IN The
same wall ict the residue OF Mr. Bourdmals estate,
which would amount o about s., 10000 Mrs. Newell
also CT ans that Mr Boardman addcd codics TO this
"iL March H. 1872, and April 70 1872,
Sss ss .dae ssas'es Mary Hyde. ns
slrls anu Andre" jackson bis boalinan. She
Claims mat under this viii she Miss
Anna iiiton annuity OF 81 500 during her
lie tine. ard tho other beqpests anlen have been
speech SHE cioinis thatMr boardlnan placed thIs
VIII IN his compartment Of the ssic the onion Bank
" Dostoe, whcro The oaiuc was Kept i Oh or about
Junc L. 1872 the day his dcaib when 1t WAS fraud.
IN behalf Of The defendants, VINO together
defeat tue lnai sal OF the deceased and eciraud tho
plaint 20 as 20 secure ior themselves ana ohers the
by her attorney, J. y Pickering
rHE OTHER SIDE
The demurrer OF Mr. John u. Bllcs claims that each
OF the counts OF the declaration Insufficient ald
does not sol forth legal for action The de
icndan also dt because Mrs newell seeks 10 i'm.
PAIR ard destroy The validity, effect aud conclusive.
ness OF the DEGREES ana judgments OF Lhe Supreme
Court o. Probate by charge that they were Obtained
irauduicrty Each OF the defendants offered a SIM
ilar urrcr.
EhFokE corET
The rgument IN favor OF the demurrer was made by
Mr. WEIGH. counsel Tor tho acicndauts. General But.
Ter, who appears as counsel lor the plaintiff made
bret argument Counsel apou Goth sidos submitted
their briefs 10 the Court and Judge sheplcy took the
papers 10 the case and vii render a decision at an
early day should the demurrer be vvarruoa tho case
Viii then be IN order tor jury TRIAL and on the other
hand, should the demurrer be sustained Mrs Nswcirs
counsel 9ill have u DISCOVER come other channel
tAroush wtich Mrs. Ncwci's ship shall como III