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

Of the contest the probate OF the will OF Mrs.
Caroline A Merrill, before Surrogate Calvin. There
was long array Of COUNSEL and the court room was
we'll filed with the contestants and their friends.
Tho proponents temporarily closed their case subject
to a renewal OF AL offer to send com mmsson TO take
the testimony OF DR.. smith, who is Rome, and the
contestants opened thoir completed the ex-
animation OF one witness The inquiry Is resumed
this morning
THE PROCEEDINGS.
The FIRST witness called was the Rev Theodore A.
Metcalfe, VINO was examined by Mr.. David Mcclure.
who appeared on behalf OF the executors Mr. Metcafe
IL reside at Boston, have resided there since
was child. with the exception Of tho time resided
at Rome; resided at Rome between the 18th day Of
December, 1868, aud July, 1s72-nearly nine years;
was there student In the beginning and after
ward rector OF the American College at Rome;
knew DR.. Bernard Smith he Professor OF Thsoi-
ogy OF tho Propaganda at Rome; saw him often;
know his handwriting; have seen him write; can
identity it; the writing shown me Is the signature Of
Dr. Smith.
REORGANIZATION by Mr.. Parsons-I saw Dr..
Smith tho last time to the bost OF my recollection,
some day in July, previous to my leaving Rome In
1872 have not corrcsponded with him since; l have
not received any comm munication from him In this
country know Mrs. Merrill; / became acquai n,ed
with her In 1871 she called upon the American
College.
CALLS OF ooNvESiENcE
TIE only way that can explain the call is this,
that whom any ladies who Catholics visit Rome
they call upon the president or tho vice president Of
the colleges ascertained that she not acquainted
with DIR. Cnatard before she called upon me; think
| asccrtained that about two three weeks nf-
terward, when sho called upon mo the second
time; saw Mrs Merrill about two or three times
u week; did what could for her; did not become
acquainted with courier OF the rame of LOUIS Mafi
saw courier there; he was within call MrR Ner-
r complained OF rheumatism, and was under medi-
cai trca ment she was not very innrm she was able
TO about when she came to the college without
Smith called upon her; she had u Conversation with
me when called upon her when were alone
about the disposition of her property.
OF PROPONENTS CASE.
Judge Porter here said that there vera NO more
witnesses on tho proponents side Dr. Smith resided
abroad ana Il was understood between Mr.. Parsons,
VINO appeared Tor the contestant, Mr. George Merrill,
ana himself that tho commission should be sent ana
that both SIDES should from this point present their
witnesses TO the Court without reference to order of
evidence, but such witnesses as each might deem
necessary.
Mr. Parsons said that he required the testimony OF
the persons who received the will and the codcil, ana
after short argument ne fed the following ORDER:
require that the examination shall be the
rso the rs hs .r last
s h s hs 10. s CIR
MAN n PARSONS, Attorneys for George Merrill
To TURNER LER McCLukE Attorneys for r. g. Rosson.
THE ORDER OF PRooEEDING.
long argument here ensued 10 whether the
Parsons should give their testimony ut this point Of
tho case or when both parties had put IN all their
denSs MI, Parsons sa sa,a ha. y would be easy to sx-
could be In the court room IN few minutes. 1t ap
peared from the testimony oi Mr. FIELD that there
was lawyer present at the timo the Will made,
aud II Mr.. Moses Taylor were before The Court az !
witness might turn out that tho lawyer was the per-
lawyer, he understood represented the Interests OF
the beneficiary OF the will. He thought that such
thero suggestion wnaiever that It was
not available 1t seemed especially desirable because
Mr. George Merrill resides IN Paris, and was anxious
that the matter should pr oceod without delay.
Judge Porter saIi that his instructions were to
conduct this with the greatest beraty and fair.
hess mat was possible 10 the contestants in this case
and Tor no other purpose than the obtaining the
advancement Of the truth. This Was case In which
old lady, the very verge vi the grave, appro-
PIRATES portion of her estate 10 public beneacIous
rather than her relatives. There was moth ng TO
warrant the uendo that this viii was received from
officials Of the Catholic Church. Each Of these In
strumenis had been proved by gentlemen VI high
standing under the sanction Of their oaths Now it
was said that The proponents must produce other
Witnesses IN order that any ground VI suspicion
might be- avoidod That was reauy TO be done at the
proper stage of the case. Under tho INSTRUCTIONS ne
had received he uound furnish all evidence
that law and equity required
DECISION TO TESTIMONY
The Surrogate SAID this.was matter which was en-
reiy In the discretion oil The Court and be did
hlnk II was necessary ut that time 10 require the
proponents to put In the testimony asked iOr by Mr.
Parsons. Al future time might be necessary for
him to require IT. but ut present there were two
open-eilher rest tho there until the
proponents could complete their evidence lake an
adjournent or the contestants could open their
subject 10 the arrangement made with counsel and
terrod to by Judge Porter.
Mr. Parsons sad that he would open the case Tor
Mr. George Merrill and put IN testimony do Dene
Alter recess Mr. Pa sons, IN opening The case, SAID
tLut It would presYnt some Interesting points oil law
an some interesting statements OF iacts. Ihe latter
would DO ~ support OF The averment oil the contest
ants that Mrs. Merrill IN u condition OF mind
TO make Will and that the Instrument Is provoundcd
were procured from her under undue influence, the
result o which would DO the disturbance tho arrange
made by the VIII o 1896 1t would be necessary
~ show what kind OF person George Merrill
was, what was thought OF him oy the mother who
adopted him. when she was said and known TO
be in tho possession Of her senses. There was a
great deal testimony o this character 10 be intro
duced, and which, he thougnf would have extraor-
uinaTy effect. IL was not testimony that depended
upon the fading recollection oil persons who had
hoard statements OF this character, but iettors
written by this lady. and when u was proposed 10
ead 1t was In the year 1888 or very shortly alter
that time that Mr.. Merrill was taken charge OF by
Captain and Mrs. Merrill Tho Captain was a sea
captain and had vessels employed IN the merchant
firm Of Merrill u fayior. The nrm prospercd, and
Mr. lay IN lS46 retired from active business, aud
SOUVENIRS or THE PAST
When George Mcrrii was eight years old tc was
sent by his adopted parents TO tho school oi Dr.
Harris, at White Plains, and Il would be shown by
Dr. Harris what was thought OF this son Of their
adoption by his parents la ls45 George Merrill was
sent 10 school in Liverpool Enc land and remained
tLere some Two three years preparatory 10 an ad
mission to an English college, and hc alter
ward went TO Trinity College, Dublin. and
Obtained the highest honors. Mr. and Mrs Merrill
subsequently came to New York, and George domclied
In their house. HIS nrst employment tnat Of
gneer and he became superintendent Of aNow jersey
zinc company. Ae remained there about fourteen
months. and loft there to enter tho Office OF William
Curtis Noyes, TO study law admitted TO the bar,
aud became what ho IL now-an American lawyer,
practising IN the city Of PARIS MT Parsons said that
he would read lew passages from letters which no
proposed to put evidence, In which the alec
Iionate terms were used
LADIES' SOCIETY RECoMMESDED.
On tho 24th Of January 1885, Mrs Merrill writes to
him from Pau, In France Al that time George was
living IN tho CITY Of Now York She says in lhe
course Of the elter"I was annoyed and gratined ut
your remarks about money matters; annoyed at tho
want Of confluence your iathor, who Is vol aUie 10
take care oi you with his bountiful fortune. You
havo ncod ~ think about tho saving OF lew patry
dollars Enjoy yourself make lev friends; improve
your French; study German; VISIT ladies'; improve
yourself, 20 70 Washington aud learn good man
Uoro