New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-31
TIE pROCEEpINGs IN COURT.

There were present III the COURTROOM INC
contestants, Mary A. odara aud Mary I. O'Aara'
grauddaughers Of the testatrix Judge Morris and Mr.
Pearsal counsel for the last named Of the hers, ana
Charles Jones' and Mr.. Hooker, of Starr & Hooker,
counsel for the other young lady. Judge Alexander
McCue and Edward NJ. Cullen were present in the Ill
terests OF shc Oenehrares under the WILL Among the
other attendants General Daniel Il sckes, an I'M
uortant witness for the contestants and the several
witnesses TO the WILL with the exception OF
Charles Lowrey, who has recently died; also
Mrs Hannah O'Hln, the stepmother and
Parliamentary guardian OF Mary G. O'lIara,
and Hugh g. O'Hara, the nephew OF the dead womans
husband and one Of tue benefciaries under the Will
One Of the young ladies' said she recognized among the
spect.tors the sexton Of Pau'5 Church, Of which the
Rev. Father Mggulre - the priest.
TEr EVIDENCE.
Judah b. Voorhees,, Cnief Clerk OF tho SurrOgate's
Court was called the rst witness in the examination
IN chief He testified nat he witnessed the VIII at the
request of Edgar NJ Cullen. Mrs. OHara seemed TO be
qu te sane the time.
Mr. Jons of counsel for the contestants said that the
right would he reserved ssxamine the witnesses
hereafter the sanity OF Mrs Oslara previous TO
| The time OF the execution of the will.
Judge Henry A. Moore testified that he OF the
witnesses 10 the Will all Of present at the
same time, and he identified the Signature Of Mrs.
OHafa. He had known Mrs. O'iara for long time,
and had reg rled her 4 bright and clearheaded old
lady she seemed to be OF sound mind when the Will
WA executed.
EDGAR NJ Cullen. of tho Witnesses 10 The VIII. and
nephew OF OF the executors, testified that he had
known Mrs O'Hata since 1866, when law student in
Judge McCu., office. The Will and codicll. he said,
were signed by Mrs. OHara in his presence and she
pronounced the instrument her lasI Will and testament.
On the crossexaminatlon Of the witness by Mr.
Jones it appeared that Mrs O'Hara had been brought
in carriage 10 the surrogats Office to execute both
the will and the codcil, and that neither occasion
was any relative OF hers permitted IN the room, though
at one time II not both occasions, relative accom-
panied her TO the Office the carriage. Mr. Cullen,
under crossexamnaton. testified that he had dra wn
I'D both the will and the cOdic The viii, he stated,
was made UP from two three other wills, and from
Mira O'Uara's Instructions When the instrument was
seut 4, her she said, 81 hay,' left Edward T.
OReiily ami then that name was intcrlned He adj
mitted having had cOnve rsations win jude McCue.
one the Executors named in the WILL and also one OF
fbe three principal bencncarles Mr. Cullen gave 1t as
his belief tuat Mrs. OH ras mind was clear when she
| made her Will.
WILL the counsel for both contestants asked for an
adjournment of the until September, - allow TINE
the proper preparation OF their clients eases Judg
McCue stated thai he present during the greater
part of the time when the will was being read 10 MIS-
OUira and when she signed 1t. H. said that only "A
very briei postpouemen II any. should be granted.
Mr.. Jones SAID that The estate was not IN jeopardy,
portant would not be unduy FASTENED II was du" TO
Inc coutestt Is that sufficient time should be allowed to
arrange their evidence ana prepare Tor thorough ta
OF rue questions at issue Judge Morris, D counsel tor
the contestants, also argued In favor OF an adjourn
JaGge McCue said further that he had doubt that
Mrs. O'Hara's intended final disposition OF the property
n,d been known for years 10 tie contestants aud that
therefore they PROBABLY prepared with their obcc
,i Surnri.r al the provisions OF the will he thought
| coud not Oe urged. therefore, IA reason Tor uoay.
surrOgatc DALEY decided to adjourn the case until
September l. 10 give time IOr the contestants 10 prepare
| their cause II actl"n
| WHAT CONTESTANTS COUNSEL SAY.
TRIBUNE reporter asked Thomas Hooker, counsel for
one Of the contestants OF the WILL yesterday afternoon
what effect the statement attributed to one OF the
supporters OF tne Will. namely that the executors mad
received bal Instructions from Mrs. OIlara the
DISPOSAL o the residue OF her estate would have upou
| the case. Mr.. Hooker replied )" That statement was
not made evidence. and should not permit to be
| introduced in evidence In any event Ii Is 100 one
sided. We have no means OF Timing out beyond lues
| ZION what Mrs. OlIara may may not have
| said on the subject. There is the viii, and Il
| that we must suck. II, however It should by
any possibility appear mat Mrs Ollird did give yrr6d
uctions 10 her executors as 10 the manner of dis
posing OF the residue OF her property, aud it should
out that II wa, 90 o. devoted q charitable pui
ur we should take advantage Of that Or vision of tnt
Iryl,ed Statutes which says rsOn naymg "a
husband pareut or end stall gye or bcqlelth for any
cnait tbe purpose greater amount tnau oue-nalf O
| tue es ate 10 tA- exclusion of tue just heirs"
- But the neirs are sraudchdr'n IN this ease"
| by FAIR construction" replied Mr. HOoker, " tn,
| statute would cover tIs We should carry 10 {,
appeal any rate, II ,-ary, under TINS provision"
WINS OF JUDGE M'CUE.
Judge Alexander AcCue, OF the Cty Court, BrooFyn
| iont executor WITH the Rev. Father MaEuro and DIR
william II. Dudley OF the VIII Of Mrs O'Hara. iid
TRIBUNE reporter last evening. in response 20 inqulr
about Mrs. O'Hara's mental condition and the nature
her requests: 81 think that she was just competent e
| make 4 Will ~ the President OF tne United States
had known her for years aud as clean. ieaded
person you often II Is absurd to say sh
| was uuduy influenced IN leaving her property AZ sh
| did"
"Is II not strange that she should have lett penn
| less granddaughter uuprOyihed fort was asked
''Tnre crchmstanc back - all tHnt" ne replied
mot known 70 tne pubic By the husbands viii tnes
- IL u -