The New York herald., 1878-02-06
MRS. NERRILES MONEY.
Yesterdays Proceedings Be
fore the Surrogate.
OPENING OF CONTESTANTS CASE.
The Marriage Of George Merrill
Alternating His Fortune.

Caroline A Merrill, before Surrogate Calvin. There
was long array Of COUNSEL and the court room was
well filed with tho contestants and their friends
Tho proponents temporarily closed their case, subject
to renewal oil offer to send ommission TO take
the testimony OF Dr. Smith, who is In Rome, and the
contestants opened their completed the ex
animation OF one witnesa The inquiry Is resumed
this morning
rHr PROCEEDINGS
The hrst witness called the Rev. Theodore A.
Metcalfe VINO examined by Mr. David McCure.
who appeared behalf OF the Mr. Metcalfe
said IL reside Boston; have resided there since
a child with the exception Of tho tme resided
at Rome; resided ut Rome between the 18th day OF
December 1868, aud July, 1872 nearly nine years.
was there as student In the beginning. and after
ward rector OF the American College at Romo;
knew DR.. Bernard smith; he was Professor of Theo-
ogy Of tho Propaganda at Rome; saw him often; I
know his handwriting; have seen him write can
identity it, the writing shown Is the signature Of
Dr. Smith.
Cross-examination by Mr. Parsons-I saw Dr..
Smith the last time, to the bost my recollection
some day In july previous to my leaving Rome In
1872; have not corrcsponded with HIM since; have
not received any communication from him In this
country; know Mrs. Merrill; became acquainted
with her In 1871 she called upon mo at the American
College.
ooNvESlENCE.
TIE only way that can explain the call s this,
that when any ladies who are Catholics visit Rome
they call upon the president tho vice president Of
the college; ascertaned that she was not acquainted
with Dr. Cnatard before she called upon me; think
l ascertained that about two three weeks af-
terward, when sho called upon the second
time; Mrs Merrill about two three times
week did what could for her; did become
acquainted with courier OF the rams of Louis hafi
l N thera. ha " vii in call. Mira far.
ril complained OF rheumatism, and under medi-
caI trcat ment; she was not very nnrm; she Rbe
to get about when she came to the college without as
sistancc; don't remember being present when DR..
Smith called upon her; she had conversation with
me when called upon her and when wo were alone
about the disposition Of her property.
CLOSE OF THE PROPONENTS CASE.
Judge Porter here sald that there
witnesses on tho proponents side Dr. Smith resided
abroad, II was understood between Mr.. Parsons,
VINO uppcsrsd Tor the contestant, Mr.. George Merrill,
ana him self that the comm ssion should be sent and
that both should IRON this point present
witnesses the Court without reference order of
evidence, but such witnesses as each might deem
Mr. Parsons said that he required the testimony OF
the persons who received the viii and the codic and
after short argument fled tho following order -:
Pioase TO take notice that In the above proceeding
require that the examination shall be taken the
Of om shs her. last s ana
SaS
: M TASS F%EsSKs: Attorney. for George Merrill
W ORDER 1RooEEDING.
long argument here ensued whether the
persons referred to the above order 1led by Nr.
Parsons should give their testimony this point Of
the case when both parties had put In all their svl-
Mr.. Noses Taylor aud Mr. Ralston both OF whom
could be in the court room IN o lew minutes 1t an.
peared from The testimony OF Mr.. Field tna. there
u lawyer present at the timo the will made,
aud II Mr.. Moses Taylor we're before The Court >
witness II ght turn that tho lawyer per-
son who received this will from Mrs. Merrill The
lawyer he understood, represented The Interests OF
Inn otia nj fho HA ehse x.l~
evidence ought to be given at the present time be-
cause thero was NO suggestion wnaiever that II
not available. II seemed especially desirable because
Mr.. George Merrill resides Paris, aud was anxious
that the matter should pr oceod without delay
Judge Porter saii that his Instructions were to
conduct tins with the greatest beraty and fair
mat possible TO the contestants this case
au ,Or no 'naT Tue ana me
old lady, the very verge vi the grave, appro-
pirates portion oi her estate to public beusactous
rather than her relatives There ng to
warrant the innuend0 that this will from
officials Of the Catholic Church. Each Of these Ia
standing under tho sanction Of their oaihs Now it
wac said that tho proponents must produce other
Witnesses order that any ground Of suspicion
might be- avoided. That reaay TO be done ut the
proper stage Of tho case. Under the instructions
had received he U0und to furnish ail evidence
that law and equity required.
DECISION TO TESTIMONY
The Surrogate SAID this'was a matter which
lireiy In Inc discretion OF the Court and he did not
;hink II was necessary ut that time 10 require the
proponents to put In the testimony asked tor by Mr.
him to require u, but at present there were two
open-eiiher TO rest the there until the
proponents could complete neIr evidence aud take
adjournnen or contestants could open their case
SUBJECT 10 the arrangement made with counsel and
terred to by Judge Porter.
Mr. Parsons SAID lhat hc would open the case Tor
Mr. George Merrill anu put IN testimony dc
Alter recess Mr.. Pal sons In opening The case,
tLat would present. Interesting points oil law
ana some interesting statements o acts. Isttor
would be IN support Of the averment Of the contest
ants that Mrs Merrill was not In condition OF mind
TO make Will and that the instruments ptoYoundcd
were procured from her under undue influence, the
result blch would DO o the arrange.
made by tho viii VI 1896 1t would be necessary
10 show what KIND oil person George Merrill
adopted him, whsn she said and known 10
be 10 the possession Of her senses. There was y
great deal OF testimony o this character be intro
duced, and which, he thougnf, would sxlraor-
dinaTy effect. IL was not testimony that depended
upou the fading recollection oil persons who had
written by TINS lady, and when pro posed 10
read 1t in the year 1888 or very shortly after
Captain and Mrs. Merrill Tho Captain was a sea
captain ana had vessels employed IN tie merchant
,%rvae ne subsequently became , partner n tho
Mr. Taylor IN lS40 retired from active business, aud
la 1866 retired altogether.
When George Merrill was eight years old Go was
seat by hls adopted parents TO tho school oi Dr.
Dr. Harris what thought OF this son Of their
adoption by his parents In ls45 George Merrill was
Sent 10 q school in Liverpool, Eng land and remained
there some Two tnree years preparatory 10 an ad
mission TO an English college, aud no alter
ward went 10 trinity College, Dublin. nnd
oDtuined ths highest honors. Mr.. and Mrs Merrili
subsequently came TO New York. and George led
IN their house. HIS nrst employment was Of
gineer and he became superintendent Of aNow Jersey
sinc company. He remained there about fourteen
months and loft there to enter once Of William
Curtis Noyes, 10 study law was admitted 10 tns bar,
aud became what ho IL now-an American lawyer,
practising IN the city OF Paris Mr Parsons said that
he would read lew passages from letters which ho
proposed to put iu evidence, In which the most alec
tionate terms were used
LADIES' SOCIETY RECOMMENDED.
On the oath Of January, 1885, Mrs Merrill writes TO
him from Pau In France Al that time George was
living In the CITY Of Now York. She says in Inc
course OF the eter-"l was annoyed and gratinod ut
your remarks about money matters; annoyed at tho
want Of confluence your iather who Is vol aUie 10
take oi you with hts bountiful fortune. You
have need " think about tho saving of patry
dollars. Enjoy yourself make few friends; imp prove
your French; study German; visit ladies; Improve
yourself, aud 90 70 Washington aud learn gooa man.