The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-11-10
MARY BOYLES TWO WILLS.
A CONTEST OYER THE PROPERTY or 4
WELL-KNOWR SURYEFOR.
Professed Relatives OF the Husband Seeking
90 Eject the Dead WIfo's sister from
Estate She Claims under One Of the wis.

Estate She Claims under One Of the wis.
A peculiar will case has been tricdin Mon
mouth County. N. j.. before Judge Scudder
Edward Boyle n well-known surveyor. who
mado good deal Of money when Tweed -four
ished in New York. married. in June. 1860,
Mary daughter OF Thomas McMullen. n ell-to
do wine merchant They had only one child.
which died In infancy. In S6G Mr. Boyle bought
n fine place ut Deal. in Monmouth County. con
sstng Of about sixty acres. and thcnceforward
maintained there a handsome summer resi-
dcnce. The title to the property was taken in
Mrs. Boyle's name A few days nitcr the con
veyanco was made to her sho made q will. nam
ing her husband IA executor and making him
sole devisee: and within n month from that
timc he made similar will in her favor.
In February. 1876. Mr.. and Mrs. Boyle. who
were yet childcss sailed for Europe. In Italy
they were both attacked with fever. from tho II
fects Of which Mrs. Boyle died on April ~, 1876
there was some revocation OF the will mnGe by
Mrs. Boyle in her husbnnd's favor in 1866. his
had survived hcr But when news arrived Of
the death OF MIR. AMI Mrs. Boyle her friends
filed before the New York Surrogate the follow
INK document, written on a sheet of tinted note
paper and addressed in the hand of the dead
ludy to her father. Thomas McMullen
My pN,g f,rnFR, In ca-c OF ANYTHING hoprcmns Us
'uplo>c Il would b. divided between al ny sisters.
20 10 .old except any por'ien Of Deal Enma would wish
iui NNreii, ttcn ttt money - ur pm IN
Tmns knapp NY .oic bcr Know Size IS a.' and viii
Your aisico Your aircctonatc daueiter MANY Bortl
WINS, -. 80, q signature ASH, Jacos w,l.n
This document was admitted to probate as
Mrs Boylc's last will. and her sister, Mrs.
Knapp. IN attractive young widow. entered Into
possession of the property under II. An eject
meni suit WIS brought ,9 9g;qqinst Mrs, KNAPP in
tossing tobca hrst cousin OF the late Edward
Boyle and Margaret A. Fontnne Of Dublin.
Ireland who Processes to be a maternal aunt.
Mr.. Malcolm Campbell put in documentary cvi-
1encc Of the will executed by Mary BOYLE on
Oct. 4. 1866. and called the plaintifI Cowley. TO
the stand. Cowley is n vacant looking Irish
man. who is said TO have worked for some years
as hotel porter. He testified that Mrs, Fon-
his fathers sister and that tho late Edward
Boyle's mother WIS also his fathers sister.
Boylc's father died in 1919. his mother in 1850.
and they left no other children. They lived in
the same house with the Cowlrys until the timo
OF Edward Boyle's departure for America in
1913. Tho witness came 10 this country In 1861.
AMI his parents also died. the one in 1864. tho
other in 1867. without leaving my other chill
drcn. Dir. Boyle received Cowlev in his Office
in Pine street, but was careful not to Introduce
him to his wife or wifes family. or his rich
friends. He however. acknowledged the re-
laiionship IN the presence OF Mr.; stephen
Dunn, Dublin man. who kept "A boot and shoe
siOrn in Nassau street. but who il now dad;
dead and Mr.. McL1ughlin his clerk who
stayed in New York until 1879 Then he went t1
CINCINNATI. and remained there until he heard
OF Mr. Boyle's death in 1876.
Mrs. Dunn. the widow OF stephen. swore that
Mr. BOYLE used 20 visit their house in William
street before he WAS married. When he first
arrived in this country. hc used to visit them
two or thrre times "a week. He had his letters
and remitanrcs sent to their house: and she
frequently heard him speak Of his cousin.
WHY Crowl1y RIA say Una, he had ~, MN IN
OF an aunt who had married Frrnchman
The witness visited ireland ut tho time OF the
Dublin Exhibition. twenty five ycars ago. and
sgw tho marble hrad-tlnH over the graves 81
Boyle's parents near The burial place of O'Con-
nell. in Gassnrvin Cemetery. She never heard
Boy.cspeuk Of any other LIVING relatives besides
also visited tho Dunns hut She never saw Bowie
after 1853. and cOui not. therefor, swear pos
itiyrly bat this was the cousin Willy that he
hnd spoken of. or that he had eyer ncknowl-
edged him nee his arrival, She had never
visited BoSlr'H house. She did not care to 10 50
aii'r he got wealthy. supposin- lie would be
MIR. Jocl Parker. for the dofrn liant offered in
evidence the viii OF Mrs. Boyle IN favor Of Mrs.
Knapp lie also produced, in order to show
thnt Mr. Bnyle's alleged heirs had NJ claim. u
codicil duly executed TO his will just prior TO
their departure for Europe. leaving all his
property in ease h. and hS wife should perish
together. the House Of the Good shepherd in
Mr. Campbell opposed the introduction Of the
coiicil on the ground that. A. Mr. Boyle and h.s
wife did not perish together. IL was OF no "ff'f.
lie took the further ground that tho rnah bling
net under which the House of The Good Shrp-
herd WIS incorporated restricted the amount Of
rrul estate which 10 could huid. II" protured
certified Records to show tint IL already holi,
that amount OF ronl cstnt and maintained
that any further bequcsts Of r"ul estate III their
lNnr must revert 70 me, hrirs az law. inc
Court. however admitted tho document on
other grounds.
Mrs. Emma Knapp. the defendant testified
that she had we'd IN Edward Boylr's family for
several years IN his lifetime. and had frequently
heard him say he mad no relatives living that
his father WAC an only child. his mother was nm
only child. and he was IN only child, She meyer
hoard HIM speak of William Cowboy or Mrs
Font,lnc, postal card was shown 10 IN" wit
ness by Mr.. Campbell. which she identified ~
being IN the late Mr., Bnyle's handwriting. 1t
was addressed to William Cowlty Cincinnati
Ohio She thought the address WIS In another
hand.
Annie J. Kelly swore That she was the Annie
Jacob Walsh who signed Mrs Boylc's last viii
as attcrting witness. She has since been mar
rlrd. She WAS domestic in Mrs. Boylc's en-
ploy; the other subscribing witness n
senmstross. Mrs Boyle called called them into
the library and said Girls. this is my last will
In which | give all 10 Mrs Knapp" and read
the paper 10 them which they then signed
She. too. had heard Mr. Boyle say no had no
Clarence Geaycy. who was an intimate friend
! 81 the late Mr.. Boyle, Swore that once, when
they YER riding Together b. jumped a hedSe.
| killed. and added. am the last OF my race"
Ihomq- McNullcn swore that he had fire.
quently hoard his sOn-in-law say emphaticaly
that he had no living relatives. He. too. idcnti
fled the handwriting Of the postal card ~ Mr..
Boyle,s. but denied that the address was in the
same hand.
Mr. Campbell handed to Mr.. McMulen docu-
ments purportlng to be "A certificate OF the mar
rage of DANIEL Boyle and Mary Cowley. aud
tho Church of the Immaculate Conception.
Dublin but they were excluded rs not being
properly authenticated.
After elaborate argument by Messrs. joel
Parker and Malcolm Campbell. the case wa,
left in Judge Scudder's hands.
Hearing OF "a son Absent for More than "a