The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-20
MRS. SfERRTLL,S WILL
Fighting for n Fortune that She Bequesthed
10 Cardinal McsIoskey.

When the Merrill will case was called in
the Surroga,e's Court yesterday, Mr.. jacques
who represents n number OF the next Of kin
recalled George Merrill to the stand. The wit
ness testified that he has n brother. Richard
Henry Tibbetts. and sister Augusta Tibbetts.
and has heard of their visiting tho doccdent
while he was absent from home. Tho deccdent
had An affcctonato feeling for Augusta during
her youth. but that feeling changed three years
before Capt. Merrils death.
Mr. Van Dervccr. representing the incum-
bent Bishop of Portland. propounded few
queries. The last letter received by the witness
from Mrs. Merrill was dated Dec. .. 1863. She
had no permanent residence during the ntcr
years Of her life. She was an Epscopalian.
and tho witness only knew from hearsay Of any
change in her religious views; that she was
over received into the Catholic Church. or that
she was baptized. he did not know at all. To
the best Of his knowledge and belief. she never
saw his wife.
4 letter from Mrs. Merrill to Bishop Bacon.
dated IIavre. April 1. 1870, was presented to
the witness. and its writing was identified by
him. bit u was not put in evidence, -,
MIR. Mcclure, OF the counsel Tor cardinal Nc
Cl9skcy. took up the cross-eNaml NATION. and
asked many questions respecting Mrs. Mrrrills
parentsIher father. who was q, 4 Tib9ctts, and
lcved that Mrs. Mrrrl's family wore in very
moderate circumstances. In the later yenrs Of
Capt. Mcrrill's lifetime he and Mrs. Merrill
went abroad every winter. except one, year,
when they went South. When Mrs. Merrill
went abroad az Mrs Frost her letters were sent
to her ms Mrs. Merrill The first will Of Mrs.
Merrill. made in 1856. was kept in the tin box in
which the securities of the estate were kept.
The witness was convcrsant with its contents.
The witness continued
The .lip. Mrs Mcrris will sent to me in 1899
and isJ hay never sesn on Of my posse sine
Mr.. Mcrrs tort, trunks eNamined som. Of them
had been ,io,1 u Pear, street, other. IN The ko,,ToS
runkiul. " books and articles lett 10y capt Merrill Mr.
repr sentative. o the various interests IN this case.
Rm"n % rou@ Were "nI nkn us mall nm
pictures, u sncalled religious character very hand
letter. wrcic some letter. to Mrs acrr alter my
"r 1T bee f +, ls IN nav writing ' IL claimed
certain toys car. and dressing GOWN from Mrs M.".
exchange oi some securities Ncvcr made any applca.
non to te legislature Tor authorization To us the nae
Ing ii any steps taken by Capt Merrill aud Mrs
INN my pre-. nj vi sister before my insrriasc; have
made no rt.nosa OF matras. To any other Than her rc
osnn, ne wo pieces Of Ner,-;'nne';- as written by
nor tid amVn,.iv eis, 10y so ii, i"r a. Know fnrnrd
bic relations between Mr. Merrill and m, self had ended
ihanie The average income ui the Merrill c.ti, amer
We .Ipti urs,n up V, ,,e WI. III, Ma. p1a
annum aud J si.0r per annunl The ,alnnce wa; in
Merrill saw the family vault m Grecnwoud WHEN was
IN process Of construction. ANA knew 1t wasa large one
EN-Judge Porter next took up the cross-ex-
animation to him. The witness replied:
was admitted to the har in i-,~ have been practs
ins lawyer IN France since the summer Ut l-od not
related 10y blood a. the late Capt y. " Merrill never
HIM until was seven old, had no claim upon
him except bV his voluntary adoption OF have had
! the best education. AMI indebted t. my adopted
parent. Tor 1t. have been supported by them. and
ccived nv inheritance from can't VI ami hy uU Sii'sp.
sold my sup interest gwen me bN Capt NJ Sfvs
crhl wears a-o tor about 81 49, II averaged in
Of 81 so during the capt aud Mr. Merrill
expended upon until went to college sluo or $50
| yer aunun, while at college Sion. and tnOr. except
| when the New jersey Zinc Works. about
81. 800 annum what possess. except whatI have
| earned bv IA. practice of the law ia PARIS am
Indebted 10 The bcnriac of my adopted parents
dc not think Mrs Merrill ever intentionally wronscd me-
Tor her nta condition mu-t be- taken into account DO
not know all tie contestants m this suit Believe there
Ar seventeen nephew AMI n'ccs blood reaiNe-o Mrs.
! Merrill. Have made no arrHngeui"nt with them The
adoption oi nae was informal VI, adopted mother was
not given 20 Lavish expenditure Tor her personal She
was not party going woman She was not woman Of
strong affections. hut prone To strong preiudres and
ready AMI tree ~ her ccn>rcs Of what she d-appruNtd
She Wa uuc compromising III her opinions She not
the victim any delusion IA thiukn. that married
against her will knew thatI should forfeit my eNpcc
tauuns iium her by my marriage she never iorgaye
The hearing was adjourned.