New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-02-06
TILE MERRILL WILL CONTEXT.

MRS. MERKII's CONDUCT TO HER ADOPTED son.
The hearing in the contest over the will Of
tie ats Caroline Agnes Merrill who left the onik OF her
property IT, Cardinal IcCloskey, resumed yesterday
morning before Surrogate CALVIN.
The Rev Theodore A. betc3f OF Boston, testified that
lie had been student at Rome in the American College,
and was acquainted with DR. Bernard smith, who at the
time yos living al the Bcnedictine Monastery OF ST.
Caixtus Mira. Merrill called uyOn him in March, 1872,
at the American College She had not then seen Dr. Chat
ard who was in Paris, but introduced 10 him on his
return He had no recollection Of her having inter
view with the Pope although he believed such an inter
view was contemplated and canvassed at the college.
While lie was in Rome witness called on Mrs. Merrill fire.
quently at her hotel but remembered seeing the
Cou Ter Mafai; she for long time sick with rheu
matsrn. He remembered very well that on the occa-
ons of ne. visits to the college he Lad seen her walk
upstairs unaided. The only trouble he heard her COM
Main OF WAS pains in the hands lie could not
remember the of her physician, although he nad
heard it, TIE witness stated that he was not aware then
spoken to her regarding the disposition OF her property
Mir. Parsons gave notice that he should examine the
nerson VINO received from the tesiator the paper as
serted be her Last will the circumstances of the
- rr the Courts discretion and surrog te ilyin said
that il there were facts o "A suspicious character he
would require proof OF the making and custody OF the
instruments.
IN opening the case for the contestants, Nj Pasons
said that the ina name OF his client, George Merrill
Cine adopted 80 OF Captain and Mrs MernlD WAS
George Merrill Tbbcs. lie was pEew OF Mrs. Mor
rill and eulary adopted. The estate consisted of
money and Investments received by neT from her has
bands Will made in 1853, and N The same year she
made VIII making George Merrill her sole lcgtce, the
captain having died meantime They proposed to show
that there had been IN reference to the adopted
insane delusiou, but for which he would be the
recipient OF her bounty and the law say5 sc Wil II
void. she was mentally Incapable OF making will
when she made tue second viii, and II Won be proved
that II was procured by UNDUE lhnuence III WJuld be
shown that she entertained the strange>t notions ahou
her adopted son. and treated hm with what cruelty she
Captain Merrill continued Mr.. Parsons belonged to
the shipping firm OF Tay or * McCloskcy Mrs. Morr IL
inherited all her fortune from her husband. In lS3s
they adopted George Merrill tnen eight years old, and
sent HIM to the school of Dr. Harris, who would testify
what were theif leelss or the emu oi thrif auoP'Dn
They afterward sent HIM 10 preparatory school Law
crpoo aud then he entered TRINITY College Dublin, and
rank the same as senior wrangler and gold
medalist in oxford, and thence went 10 Paris
captain Merrill died soon after the failure Of Green
sum OF 5000 Mrs. Merrill thought TINS circumstance
killed him. and wrote OF Green Il Co az the murderels
ct her husband ana Went sDrSe% 70 70 a" here and s6
took the notion tbat he was working against
HIM: mat ne was no longer her son
year after, in 1866, she wrote TO MIN In "a" most
his trutnfulness yet 1865 she wrote 10 hun that She
hoped to hm hung up by his Wing tongue In le62
she wrote: DO not at the station but at The
Aston House, as VISA to kiss you fifty times when
1 you" subsequently sac wrote; 81 had not
before known OF lhe depths OF the baseness
OF your character | heartily say. may you )ccome as
DEAF your sister so blind that you cannot Distinguish
night from day, aud have every trial aflction and
disease that given May live to see You
hung give you the OF mother for twenty
years and widows curse, and all have done for you
is nothing to what will do 10 have your viainy eE
posed-uO your conscience aroused for have none
hr. Parsons said that they should iilst call Dr. Harris
and after him rhurlow Weed and other gentlemen 81
advanced age Dr. r. W. Harris, II Astoria testified 70
the ate ndance OF George Merrill at hs school, ana 10
his excellent character He also testified about an inter
vie ~ with Mrs Merrill In February, 1861, concerning
the character OF George when she spoke very bitterly
about him aud the lady bo about To marry Inc i
pre- non he gained heu that her conduct ana utcId
tions were rational At the conclusion or ihls tes