The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-15
MRS. MERRILL'S MILLIONS.

GEORGE MERRILL, THE CONTESTANT, MAKES A
FLANK MovEMENT--A NEW SUIT IN THE
SUPREME coURT-A WILL THAT IS CLAIMED
TO BE IRREvoCABLE.
George Merrill the principal contestant OF the now
celebrated will OF Mrs. Caroline A. Merrill, has made
move IN the proceedings and commenced an
other suit the Supreme Court The papers were
yesterday. The ground which TINS new tria
based that the wills OF 1856 mutual wills be-
tween Mrs. Merrill and her husband, and therefore
could not he revoked by her alone. Messrs. Man and
Pasons counsel for George Merrill are confident that
they can make a successful fight on this point
The suit entered against all the beneacars, and
Roswell G. Rolston Individually, and AS special adj
ministrator OF Mrs. Merrilrs estate.
THE MUTUAL WILLS
The complaint, after formally rcciting the circum-
stances OF George Merr's adoption, goes on to cite
the Two wills and comment thereon. Mrs McrriiPs
will IL dated November 15 1885, aud that OF her nus
band two days later She bequeaths all her estate TO
her husband ana 10 his heirs ana assigns forever.
Then in the following clause tue testatrix says
'.But the event vi the decense OF my husband be-
lore then gave and bequeatn to our adopted son,
George Merrill, and TO his heirs and assigns forever
all my estate, real and personal"
The will OF Captain Merrill bears date November
H. 1885, In 1t the testasor says, al give ana bcqueuth
the sum oil 5000 10 George Merrill VINO rs the
adopted myself and my vile, and all the residue
to nv beloved wile.' Then, IN subsequent clause ne
sin the event oil the uectAhe oil my wife before
me, leaving surviving her George Merrill our adopted
son, then devise 10 hun all my estate" &c.
These clauses. II is claimed show the mutual inten-
ton oil Mr. aud Mrs Merrill 10 leave their cntre estate
TO their adopted son. irrespective OF any contingency
and lawyers OF the contestant argue that the wills
therefore, cannot be broken or revoked by any subse
qucnt action on the part Of Mrs. Merrill.
The plaintiff further states that prior TO the execu
ton OF these wills II agreed between Mr.. and Mrs.
Merrill that the former should make his viii alore
suid, and consideration thereof that Mrs. Merrill
should make her will as aforesaid and TO her death
should continue the same unchanged. IL is alleged
that intention of the agreement WAS That II Mrs
Merrill survived her husband she should take ana
Joy his estate less the $50 900 left To George Nor
rill Tor her lie, and that upon her death her estate
including what she received from her husband, Win
It's ACCOMMODATIONS, should go to their adopted son
and II for the purpose Of carrying out that inlen
ton that the agreement was made and that the wills
were executed, and that 1t was by TINS means that
Mira Msrrl became possessed OF the rcsiduary estate
left by Mr.. Merrill
MRS. MERRILL's ACTION
The plaintiff next states that IN December, 1862
Mrs Merrill cut several STRIPS or pieces paper from
her will Of November, 1856. which sent by her
TO adopted son George, The residue OF the will
was retained by until her death, Is
possession OF Mr. Kolston. 1t Ia also alleged from
u period prior TO 1862, including tho time when she
cut these pieces from her Will, Mrs Merrill was OF
unsound MIND aud mentally incapable TO make will.
The plantR therefore asks the Court that 1t may
adjudged that the agreement so made by Mrs. Mer-
rill with husband IN 1856 was binding upon her
and that by 1t she was deDarred from making any
other testanentary disposition Of hor property that
the probate OF the will OF le56 be transmitted 10 the
Surrogate New York 10 the end that tho estate
dispute may be given TO plaintiff; that the dcenaant
Roswell g. Rolston. may be adjudged TO mold the
ngs before the Surrogate OF The county OF New York
for probate Of the SAID papers propounded tho
will codicIl OF Mrs. Merrill may be enjoned and
restrained and finally that all the parties defendants
10 this action may be iorecoscd from asserting any
claim to the estate OF Mrs. Merrill adverse to tho
rights OF George Merrill under the will OF November
10, 1856.
Inc attorneys of Cardinal McCloskey ana the Bishop
OF Portland have been served with the summons and
complaint.