The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-30
VOL. XLyI.--N0. l2l.
EBENEZER SMITHS FORTUNE.
THE Guiding or 4 PEN ~ THE HAND
or 4 NAV WHO VAS DE1D.


President Buchanan aud With Chnries sum
ner. Henry Wilson. and Other Statesmen.
BosroN. Dec 2s-On Oct. II. 1864, Ehenczer
Smith died at his home in Allston street IN this
city. His estate. at the time of his dcnth. was
valued nt about s500.O0O. The heirs were the
widow Mrs. Eliza Smith; one son, Isaac y.
Smith. Il well-known merchant and banker of
New York; two daughters. Sarah W. Thorn
dixie the wife OF DR.. William II. Thorndikc. n
physician Of high standing in Boston. and
Eliza W. Smith of West Modford; and two
grandchildren by deceased daughter. lInzon
J. Burton. Jr. md George 5. Burton hoth em-
ployed us clerks in n large clothing house in
Boston The widow Mrs Eliza W. Smith. and
one Of tho daughters Mrs. Thorndike, have
since died.
when the last win Of Mr.. smith, which pur-
ported 10 have bccn made n few days previous
to h.e DEATH was opened. it was found that the
estate had been uucqually and Enthusiastically
divided among tho several hcirs-thc son. Isaac
T smith. and the daughter. Mrs. Thorndkc.
getting the creator part Of tho property. Tho
Burton heirs. who represented. after taking out
the widows dover, one-fourth Of the estate.
were remembered only 10 the amount Of $500
each This unequal division oi the ostute caused
great surprise and disappointment 90 the Bur
ton heirs. as the grandfather had always enter
tanned the tcnderest affection for his daughter
up to the ume of her death. and of-
ter her decease had shown much in
terest in the prosperity and welfare
Of her children. The small sum left tho
Burton heirs aroused suspicion on the part OF
their father that some undue influence had
been used by members OF the family who were
so literally provided for. Eminent lawyers
were nj once consulted 10y them to ascertain
whether evidence as TO the making Of the will
could not be obtained to impcach it and set 1t
aside on the ground OF Undue influence. men,
tai feebcness Of the testator. or perhaps forgery
Tho will was duly prohated. A suit was at once
begun to test It's validity and TO show under
what circumstances il had been executed.
There we're three Witnesses 10 the villa
A. Fostor. who died soon after its execution: !:
ANN G. Giles. the nurse who attended Ebenc2cr
Smith in his last sickness. and Margaret Patter-
son. a servant in the Smith household. 1t seems
that at the time the first legal steps were taken
to contest the will the witnesses to it could not
be found. Consequently the suit resulted in an
attcmut 10 COMPROMISE by giving the Burtons
$4,000. but the proposal was never accepted
by them. and the property was distributed un-
der the will But othcr evidence was aiterward
obtained. and in June last the will was again
assailed by suit. which fell through on techni-
cal informalitles. still another suit was insti-
tuted by the Burtons, and on Dec. hearings
were begun IN the Suffolk County Probate Court.
petition 70 deeIare to viii nun and void. an ong
them undue influence. mental incnpacity OF the
testat9r and the charge that the signnture was
forged. in pursuance OF conspiracy 10 defraud
The testimony Of Hazen J. Burton, father Of
the petitioners was tn the effect that he married
testator's daughter. Harriet l.. Smith, In 1884 {:
that his failure in business was followed by
GOODNESS On the part OF the Smith family: that
h. was not allowed by them to visit the tesator !:
that he was astonishe, at the will. but could get
no explanation from the relatives that Ebene-
- - tpnnprnneE
for his daughter. Mr.. Burton. during her life.
and interest Tor her ehildreH. and that the
whom he had no confidence In tact
thcre seemed 20 be selfish ayarice
pciOn on the part of the father who would not
even drink n cup Of tea at home without rinsing
hnd fsiad tn nG M "r In issi Mr Smith wr0te 10
witness that his son. lsanc. end his daughter
Mrs Thorndlke. wanted g rob him oi his last
dollar and last pound ui lesh. Just before ms
death he was found wandering about the streets
IN slippers and dressing gown, and without a
Homsi Tbnve no homer OF the making of
the will witness knew nothing but believed it
or under the threats OF his family.
Mr.. Foster. the third witness 70 the signature
Of thr will, Is dead but the SURVIVING with sses
Anna G. Gil's the nurse. and Margaret Patter-
son. servant told on the stand remark
able story concerning its execution, which wns
more cOmpncily related in corroboration by
E.iza W. Smith. theouly SURVIVING daughter of
Ibene2er Smith. This lady has been twice
llfrIHN--IE-f 70 lNnflNS l.. NN1itn. n boston
merchant. who lived at West Ncdford. and died
several years ugo. and afterwRrd in 1862, 10
Col Genn. She obtained divorce from her lust
husband. and resumed her former name. Her
story 81 The execution Of the viii Is In sub
stnnce ~ follows:
When arrived at the house on .eins ;ert for found
m ather ~ and In AN eNhaustsd condition lie sai in
anrt.y char n stupenci condition. as though under
w. y W pSyoa". ' there haa r,SS rccn great m Tx aSot
.wL pn ne day On which the WI wa. sisne,l
sa,an w lhnrlilSr. Isaac 2 smith, mvnoihcr and my.
lsnyer who drew II np Il was about ! o'clocK
We started igsoi int tao room laac said We had bet
now to .sn w. Vent io ic r roo% o9 Fsher was
eondiuon .aac sd,a9ccd toh y'e ad II hm IT,' hy sac
~ s , hsnd m n,on i, d. s9ndrr auA . ann ins g
h'cau,c he wac to- sick somebody said: "twoul'lt
wines. wa. t rdqairrl ' and Mr. ro.eT was ,c, @ fr
i"r i rced m '"fS e ta' 1s ,aa marna@ sr NV SS S9 "
snook ii. head. seyns No" Mr., fiouiik.
Nv lie .hoSk III, i. head again Mr. ThorndiFs
d al we s waat h1f j FStner 1 Ma isSn Ta T"a.n
INTO % conniofe condition. when Isaac went
q \ partially ,Irpcd lros Iny rather'. ans,r.. ani
miller, evc, y,r "osed nnd Wien i,"c took boii f
hand te pcp wa' miliur rom II i he hdn, mks n
NIL was 1sng' urcoi,.ou, A. ne dna q tie isn,
W. being douc H. VHi va not read to him. or to any
o aspr,Nnt me reason did not object at The time
aareat wrong was being done when the will was being
tAf'hteN ana ilNuhtt a.
Mr., Ebenezer Smiths life was in many re-
eprcts a strange and weird one H. built n
brick cell for himself in bis house, with walls
about foot and half thick. and III" windows
had iron Erntugs. There WAS an iron door to
tho cell. aud frequently Mr.. Smith shut him
SELF IN in IL, md when any one came 10 the door
he would keep perfectly stl and not auswc r
either knock or u call. At the time II his
death and some time previous ne wns kept con-
SANITY drugged with whiskey With all his
wealth and ample cstntr his life soems 10 have
been anything hut a happy and peaceful one,
for he lived in constant tear and suspi'ion Of
his own wife. sons and family, and WAS har-
assed and Distracted by. family dissensious,
hrife, and chickering's. His fortune was hls
greatest misfortune and curse.
The hearing has developed another romance,
which poss"sses AN inter - dn"p"r even than
the recital OF the ghHstly dratlh"d scene. This
renrn- 10 Eliza W. Smith. the witness who throw
So much Light upon the history of that scramble
Tor wealth. In 1860 she went 10 Washington
am started school for young ladies. having
preYoQ-ly had q similar school NJ West Med
iofl. Nhue in Washington she enjoyed the ac-
Yuhptnnre Of several statesmen. among them
tnarles sumner aud Henry Wilson. and II her
huers Hre Indicative of the true state N affairs.
sl' hah Wor- -hlulrr in no less a person than
If'Sldeht i'urlhnhn, Her Ostensiblc motive in
bceklnE INC trrud-lip OF such influential
men WAS me nuNuUpNuppt ~ hnr gpl99I