New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-03-20

suborners for II f. not to be believed that
nero fondness for o. odous notoriety sufcent %
call these witnesses from their obscene associations IN
solicited.
There "a no other evidence Of undue influence eyer
H. vanderbilt than that already considered, exceSt
what IL completely overcome by the mental SOUND.
purpose his impatisnco OF Interference. the crcu1
stances OF the execution OF the Will "a testlaed TO BY
az to The provisions OF the instruments and above all
nv thu OF the will IN question with the gen.
eral scheme o, ~ anteceden tesameDtarY instruments
have now considered In order all the subs iantal
Issues involved in this proceeding aud the testimony
most careful sderatiOn the evidence that the in
strumens contested we're duly executed In conioruiy
the deeelent. wnen he was OF sound and dsposine
mind, without the exercise OF any undue influence or
fraud upon his mind and viii.
THE CONTESTANTS WEAK CASE.
" would be an unworthy afectaton to pretend that
In the opinion OF the Court, there existed prma
facie the revocation OF the probate tue IN.
when the contestant rested II that
some testimony had been given tending to show
fcebement OF mind and q different testamentary
purpose, and Of executed conspiracy 10 de-
fraud the deceient respecting the terms Of his
will. But, in addition TO the clear testimony Of the
subscribing witnesses TO the decedenfs mental sound
when the instruments were executed. There was
then abundant testimony given by the witnesses called
by the cOntesant-Drs Lnsy, Elliot and Bodenhamer,
and the Rev DIR. Deems and Mr.. W0rcester-showug his
nnmpa red mental condition down 10 very sort TINS
before his DEATH There was also proof Of the estamenay
purpOses and gwen therefor, HARMONY with
the terms of tie WILL but no such testimony was noces
sary In be OF substantial proof OF undue in-
There vas also some TESTIMONY tending 10 show
fraudulent conspiracy but the alleged guilty cOnpncity
OF the witnesses, and the unreas9nableness OF
the story, and the character OF their ante.
cedents, all render II unworthy OF belief in
the absence of CONFEDERATION and when con-
tradiced by the terms of the VIII ITSELF showing well
defined purpose carrying into 1t the decedenPs preu
dicos OF many years against his son Cornelius aud cd
forcing his expressed opinion that women were not
fitted large sums OF money-a VIII characterized
by wclldeaned plan and purpose. mtensen.y ex.
pressed and logically adapting the appropriate means
to the end proDosed-tnat testimony became impossible
OF belief.
The result OF this proceeding IN its utter failure IS
Justify the asper4iOns upon the character OF Mrs Van
derbt sbadowed forth in opening OF contestants
counsel and offered be proven In the progress Of the
case should be lesson TO those who are prone TO asa
private character and vel IN mscuous defamation
as a means Of intimldatng parties and coereing
compromises The tardy apology, AFTER the most
deent and persistent effort to secure witnesses ca
pable OF testifying to the charges while praiseWory
I'm ITSELF affords sorry and meagre amend Tor the
endurance nv delicate, sensitive, Gu uVatu HoIau'
for years OF basress Islander oil per
actcr 1t occasion OF no regret Dut Oh HIallnIa
ttOn that much Of prurient ana delanatoIy ma'er
has been kept out OF this case; consistently WIN .ae
rights all the parties engaged in this unsteny ieVe
latlon OF family secrets. . 10000, -.
II may well be doubted whether, in the pest ana most
exemplary families there do not Things occur |icn
regard 'Or the secrecy the n0iesty ana saoeu
character of domestic life would preserve lhFiOIAte'
But when such revelations sought To be made IN NO-
latIon of The Obligations O1 hal and ralelnal H"y II
behooves courts c0nhne sucn DISCLOSURES 20 inc n@l
powes prIccabe limits consistent with the legal rights
OF the Ut giants. . ,,-.-,-.,,..., Ia
tyVDon the testimony received and the i1cts
proven IN this proceeding and the numerous enatgs
made the opening o the counsel and the NOR M
merUus offers Of testimony which nave Dech ItJ
and hence there seems 10 be pr pileN I'D chuhs
attention 10 that discrimination which VIII leleEe
0r memory Of tue dccedent and some OF me pers. rs
Connected with tuis extraordinary tlgat.on rUm u,'
mutations of social domestic and business dclhqurh-
cies for the OFF az testimony falls FAR shor 81 ita'
sornbe presumption thai the facts alleged exist 80,
When ths passIons which have bet u excited ~ ms
,r",r,cted and acrimonious controversy shal nave
sub.ipd and a kiudler spirit perVades Tue MINUS
| and haarts OF those who Initiated thls plo,etuhg,
and they r,vercnty turn to the feco,u then
ather in. made urOn the business annals OF MS uiie
and perchance cast Their ewes over the I,Coiu ",
inns proceeding. they viii rJoce that II l. pIes'l'ou
"a cinu M spite OF all their efOrts Ia taIhNh IL -,
am OF the opinion that rbe PROBATE OF the VIII ""
codicil should in all things be confirmed. ,,o, Tor
Ut fnrn Of declsi0n or decree be presented Tor
| settlement and signature, on two DAYS notice