The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-26
THE. MERRILL WILL.

| COMMENCEMENT OF THE CoNTEsT-YEsTER-
| DAYS PROCEEDINGS BEFoRE THE sURRo-
GArE-rEsrIMoNY OF MR.. CYRUS FIELD AND
DR.. CHATARD.
In the surrogato's Court yesterday was commenced
the contest to the probate OF the will OF Mrs Caroline
Merrill, wlo o. Captain Nathaniel Merrill, who died In
October last, leaving an estate estimated to DO
worth about $500. 900, and bequeathipg by
codicl dated December Fl, 1915, about 100000 TO
Cardinal McCIoskey for certain religious charities
Tho will Is contested by seventeen nephews and
nieces the ground OF mental incapacty ana undue
influence. Messrs. Porter g. Mcclure appeared Tor
Cardinal McCloskcy, the resduaIy legatee; Mr. John
E. Parsons, Jr, for Mr.. George e. Merrill nephew
and adopted sop and Mr. Jacques for the saiters DEL
gados, Tibbts and other contestants.
The first witness Cyrus W. Field, who said
My place OF business is at No. las Broadway knew
Mrs. Merrill; knew her ever since was
young man; in May, 1871, Mrs. Merrill called upon
mo ana ask ed mo TO witness her will; requested her
not 10 ask me; u then went with Mrs. Merrill 10 the
office OF Mr. Moses Taylor, In the City Bank, where
read the attesation clause she signed II freely and
without restraint signed next and then the cashier
OF the bank, Mr. Benjamin Cartwright lsincs dead);
Mrs. Merrill was then Of sound mind on some qucs-
tlous but unsouna utEers she would, for instance
speaking OF the marriage OF her adopted son, George
Merrill say III he had married so anu SO II would be
she .cla me that she had portrait OF weli known
gentleman in this city hanging up III her room and
that she Kissed II every morning. she was also misery
and dressed In slovcnly anu scarcely respectable
way; she stopped az respectable hotels IN Paris and
Rome; she spoke strangely OF her husbands death;
considered her OF sound mind.
THE CROSS EXAMINATION.
Cross-cxaininel by Mr.. DEMONSTRATIONS her hus-
bands death she and Cipain Merrill always spoke
alectonaleIy OF their ADOPTED son. George l.. Merrill
they had Children the great objection she seemed
10 have was that George E. Merrill married some ono
nrop
times over saying, "He isn't Merrill, nos Tbbit
this Constantly the STATE OF hes mind; the prom
uent enleman whose portrait she SAID she kissed
was Mr.. Noses Taylor she had courier IN Rome;
cannot remember his name: don't know whether he
al rome al ner request l think the courier in
the room; is PROBABLE that he remained and listened
An objection was IA en- that this testimony 70.
laon to that occurred alter the
ton OF the will. Mr.. Parsons replied that there was
coaicI and II intended 10 find out all about the
courier, VINO II was expected would play q very im-
portaDt part III this contest.
Witness resumed:-Mrs. George Merrill Is an inter-
estiug youag ldy she Is certainly much more attrac-
Than gooi many people; she moved IN the best
crcles; have impression that lawyer was pres
ent Tor Mrs. Merrill wnen the will was sgned cam
not remember who produced the VIII or whether 1t
was in MIR. MerrilPs possession and control; Mr..
TAYLOR was there; sig ed attestation clause and
not the will; l know nothing about Inc VIII; l was
allowed to read the clause beiore signing it; the
clause don't say whore she signed (Wn produccd.)
see no other signature by Mrs Merrl except at tho
sde OF the attesiation clauses think that there was
only natural; Mrs. Merrill called TO ask me TO go 10
Taylor's Office and sign; saw the paper be-
fore; know will Is invalid unless the attestation
clause Is read; would not mako such fool OF my
sell MS to sign without reading; know that read
the attesting clause just well as know that
are standing there.
By Mr.. Brown-Did you see her In company with
priests and nuns aud other persons OF the Romish
iath? "A. didn't know anything about the religion
or the politics OF her ffiends sne spout very lte
she was boarding up.
t'Y0u knew her reatlvosY'
s'No did not, had not time to talk to her about
her relatives, assure you."
BY Judge Porter-You spoke OF hor attachment to
Mr.. Moses Taylor How old Is that gentleman A.
About rising seventy; II was no wrong attachment,
but gratitude; he managed her financial affairs; she
was recOnciled TO her adopted son alter his
marriage; sho always said, ''He ISM Merrill he lisa
Tibbit )" objection TO the character OF Mr..
George Merrill's wife, only that the lady was not
wealthy; money the hobby OF Mrs. Merrill
WITNESS CoDiCL.
The Rev. DIR. Cyrus u. Chatard was the next wit
ness, and testified as ollows-l am native oil Bos-
ton Catholic priest and rector OF tho American Col
lege<at Rome: went TO Rome in 1851; lett Rome
January 81, 1877, to come TO New York, having met
with an accident OF my eyes, aud ordered away
IRON my professional duties, came 10 this country;
my visit had reference whatever TO Mrs. Merrill;
| did her alter my arrival; know her from
January 1872; met her at tho Hotel de PEurope IN
Rome 1875; went 10 see her at her own request
the codci Of the will was signed by her In ths pres
epce of myself and DR.. Bernard Smith, professor Of
dogmutc theology, in Rome witnessed II; this was
In the parlor OF the American College, at Rome; she
previously read aloud the codcl, and said that 1t vas
her Inst will and testament; before tins she sent for
mo and asked TO name a dag when could attest
that codcll and did SO, merely 10 obge her; Or.
Smith was there by appointment; he also signed It,
he then adjourned 10 tuesday next, at
eleven O'Clock. Nl-