The New York herald., 1878-02-09
MRS. MERRILL.S MONEY.
The Contest Before the Surrogate
for Its Possession.
THURLOw WEEDS "REMINISCENCES,
The Oft-Repeated Story OF a Dis
tasteful Marriage.

The hearing Of testimony and argument in the COP
tested will case Of Caroline A. Merrill was renewed
yesterday before Surrogate CALVIN. Only three wit
nesses testified, one Of whom Mr.. Thurlow Weed
whose testimony went 10 show that the testatrix
ac,ed and spoke "unreasonaby'' in reference to the
engagement ana marriage Of her adopted son, ana
General Saxon, Of the regular army The othcr wit
was the principal contestant Mr. George Merrili
and at the adjournment mis- examination was brought
down 10 tho year 1885, and the production Of will
made by Mrs. Merrill In that year, In which her es-
tate is bequeathed TO him.. The adjournment was
taken until Tuesday morning
THE PROCEEDINGS.
Mr. Thurow Weed, examined by Mr.. John E. Par.
sons, said:--I became acquainted with Mrs. Caroline
A. Merrill shout twenty five years ago; II during
the lifetime Of Captain Merrill; was slightly ac-
quaintcd with him he was living al the Astor House,
where spent good deal Of my time; only knew him
as know other guests OF the hotel; should think my
acquaintance contnu ued until about throe years
before her death; down TO that time was habit
OF seeing her al the Asor House, where she lived and
subsequently at the Fifth Avenue Hotel. and on two
or three occasions IN Europe; l became acquainted
with George Merrill in 1861 became acquainted with
him through Mrs. Merrill; she was in the
habit Of speaking to about George; the OF
1t was her seoing mo about getting him position IN
the army; II was at the commencement Of the war;
and she for him TO Obtain IL; she told
what her relationship TO him was, and that she had
strong interest In his success; she said that ho
was hcr nephew, and that Captain Merrill
had adopted him, and therefore therc q
double interest In him, because he had beon
adopted by hor husband and his being her
own nephew; sho expressed q very warm affection
for him and seemed very proud OF him not having
any children herself her affections seemed concon-
pressed that she had great esteem Tor hts char
ao,er and that she believed him 10 be promising
young man who would succeed we'll; she was very
much grataed on hts obtaining position in the
army; sho went to Washington and did all she could
TO assist In the apbointment; my impression Is that
that In tho carly part of the summer Of 1861 just
before the battle OF Bull Run; there were occasions
In which she was accustomed 10 refer to him tho
Captain Merrill during her own lifetime, AID as we'll
us can remember she expressed hcr qualification
that m she enjoyed mutually their regard ana that by
heir OF the Captains estate AZ her DEATH under
stood her sho had entire control OF the estate during
TO HI I'M think certain amount oil It went directly
10 MINI don't remember the amount, but my i'm
all that am now speaking Of is membrance Of
conversation with Mrs Merrill
THAT 0Fr-MENT1ONKD MARRIAGE KNGAGEMENr.
saw Mfs Merrill frequently alter tho engage
ment CT George to be married; had con-
yessaon ,Ss wn @ nsT h ns n.er,S between
that he had been uudutlfui and ungrassia and sna.
expressed any different views Of hts character than
those she had entertained previously; she said that
all her affection turned to bitterness; she seluom
alluded Miss Lang the lady George wac engaged TO,
but confined herself to her bitterness IN regard 10
sne aas ~,. o. oo
shat conversed with tho deceased Mrs Merrn about
her; the arst conversation was N Paris when George
0nAh hta Ia vgRP thAr nj All had
them together; told Mra Merrill Of tho Impression
that had been made upon me by Mrs. George Merrill.
and added that thought that u che would consent
SEQ her and become better acquainted and let her
mind takc that direction that time would all
satisfactory, and that Mrs. George Merrill would
win her over II she would only give her
Of her Induced me to tnnH very highly Of nor
far as mad knowledge l went INTO description OF
Mrs. George Mcrrill's character; said TO her that
cOndent that II would dvest horself OF pre-
JUDGES and mako tho acquaintance OF Mrs. Geor-e
Merrill she would Ike her and be reconcled; that
Mrs. George Merrill was a very estimabe lady and
every way worthy OF ner son; this msde no im-
presson upon her and she continued 10 be ire
conelablo 10 her sou; she would not listen TO
anything further concerning Mrs George Merrill; It
is proper for 10 say here that shc was woman OF
very strong will and character; l cndeavored TO
satisfy her that her unreasonable and
just but Jailed entirely, for she seemed so
atea that no considerations Of Affection would onser
her MIND she completely shut them out
''Dd this interview OCCASION Impress you with
the idea OF her being rational or irrationalf"
presson as very unreasonable; cannot say that
l formed any other conclusion than that her
permanent was such ns 10 mako her very unreasonable
and very unjust"
By Mr. Gebbard-I couverscd with MrA Merrill
upon other topics than tho marriage OF her son;
don't rocollcct what they were she was lady Of
tclRcncc aud cducation we conversed together upon
any subject that would naturally arise; think her
mind affected by this marriage, and that II was
very much excited thereby.
MxRRiLL's CHARACTERISTICS.
Cross.examincd by cx-Jud Porter-Will you do us
tho state the Court. from what you Of
hcr, what were The general characteristics OF this
lady
II was Impressed during my acquaintance with Mrs
Merrill with her intelligence, and that her cndow
ments IN this respect were more than ordinary she
had qualities that made her society very agreeable
and later show Cd that she had well
stored mind; but In course of conversation there
would bc occasuns that would show that shc was
lady OF great discrimination, hrmncss OF purpose and
strong character"
III think must say that she was; think II was
marked characteristic 10 her cAso."
'rhat impression continued from the first inter-
view to tho last?"
"My last interview during her illness; there
very little IN that INTERVIEW 10 justify any change
OF opinion; she was wcax and somewhat physically
prostrated; when sho In health she was n woman
who would have hor own way as far as possible; 1
think she was womau OF strong aaection aud capa-
BILE OF maxim grent sacrifices"
"During your whole acquaintance with hor, and
her when she did not speak with ccsrncss of
prossion In stating her views upon any subject that
"In reference 10 her changed fosng about George
thought she was far from being reasonable, just or
Intelligent"
"My question referred TO hor intelligence in com.
municating her ideas. Was 1t right wrong?'
I'll can make tho distinction she Intensely
excited against her adopted son that thought made
her action uoJust aud unreasdnab'c; don't think 1t
was the action OF just and lair mind"
"Did she not communicate with you, n0twithstand-
ing this, IN clear and teliigcnt terms?"
Eyes sir but l am comrcIed, add that it did not
appear Intelligent or sounj Tor the reason that rho
could have reason Tor tins hostility 10 Georges
ing toward him than that bo had married against her
will; when she ctakcd about this marriage shc SO