The New York herald., 1879-10-29

the rest of her money for dress and presents that
she Of her personal appearance and sup.
posed influence. During her entire time abroad
encouraged her fondness tor wines and sprituous
liquors. Her time was spent visiting churches.
relics and pictures. Lent WAS made easy by dls-
pensation from much fasting. From 1872 to 1873
there 95 letters written by decedent to Brad
ley. 81 received from him. n from his father and
ceived from his sister aud written to his sisteror
$50 in all. The deccdent made confession in
1870 in 1872 in lS73 is in 1874. 23 in 1875. 23 in
ls7S' =
SPIRITUAL ADVISERS"
In summing up the case Mr. Gerry gave clear
and suceinct arg gument upon the questions OF law
involved in the case to which the Surrogate listened
dence showed Mr.. Bradley and Dr. McGlynn. tho
benefciaries named in the proposed will, to be the
coniessors and spiritual advisers OF the decedent.
The onns. he urged. was cast upon them TO prove
afhrmatively the absence OF the undue in4uence
which the law presumes to exist in such ase In
ordinary such proof cast upon the
contestant. but the rule is. reversed whenever
by the evidence confidential relation is shown to
have existed between the testarix and the beneci-
aries named in the instrument The law then. from
motives of policy Immediately presunes the execu-
ton of the instrument to have been the result of
undue influence. After quoting numerous authori-
ties upon this point. MIR. Gerry went on to argue
that the relation Of priest and penitent or spiritual
adviser and pupil is distinctly recognized by the
law equally confidential with those of
parent and child. or guardian and ward. The
show that both Mr.. Bradley and DR.. Nc
Glynn were priests and her spiritual advisers
prior to and at the time OF the execution OF the
paper propounded For instance. she says she
made her first confessions to Bradley on December
~. 1870; he stood as her godfather February z.
1872. when pr. McGlynn baptized her into the
Church Of Rome; they were confirmed together, and
in April. 1874. he directed her devotions during
Holy Week. He gave her relics and frequently
heard her confessions and her subsequent letters to
him show the continuation Of the relations. even
after the execution of the will In these letters sho
q m her piO
invoEes his prayers. The evidence further shows
that DR.. McGlynn was almost the last person she
went to see before she sailed with Bradley, and the
first person she her return in 1S78 He wrote
letters to her. and in April. 1875 she had
saton with him about the will. After its execution
she again went to DIR. McGynn to confess, and he is
named in the instrument not only legatee but
soG 20 ar th & n % Sho
ut will doubtless be urged that the amount of the
legacy to McGlynn is too small to warrant the as
sumption that he exercised any influence over the
dccedent to it. That Is not the ques-
ton. II priests will travel out of their
legitimate spiritual functions and advise their pen-
tents now to make testamentary disposition OF their
property III favor OF themselves or OF their brother
priests they must take the consequences and suffer
the imputation which the law attaches to such con-
duct. 1t matters not, therefore. whether DR..
McGlynn's motive was to aid Bradley or to obligo
for charity connected with his church. The law
cases like the present does not stop to consider the
motive but denounces the act per Sc rs improper"
"UNDUR INFLUENCE"
Mr. Gerry claimed further. that "this presump-
tion OF undue influence in the present case has not
been rcbutted either by Bradley Dr. AIcGiynu, and
for the simple that the facts rendered i'm
possible for them to do The only evidence they
did aCduce far from rebutting the presumption
of undue influence, confirms the proof Of its exist
ence. The decedent herself has furnished with great
accuracy and mnuteness in her diaries and letters
proof the existence of undue influence There is
evidence to show that third and person
advised her OF all her rights The evidence further
shows that during her intimacy with Bradley she
to him nirety five letters, only four OF which
have been produced. The remaining letters. il pro-
duced would either confirm or explain away the
existence of the influence charged and presumed.
Why" asked counsel, ''are they not produced
their loss accounted for? It Is possible that Brad
his Offering these letters in evidence; but why have
not the ifty-nine letters written to Bradley's
family been produced? Not single witness
has been called to explain testify to her
relations with Bradley. The whole evidence estab-
fishes conclusively the existence OF undue influence
pounded was the crowning result OF deeply laid
scheme to obtain the decedents property to the
cusion Of her natural relative and only sister," Mr..
Gerry then went to state how the creation Of the
influence showed Bradley 9 cunning and design. In
this connection he said He sneaks into the church
she attends while her rector is absent in Europe
and gets introduced her. He degrades his sacred
upon her; hatters her vanity. and. like Urah Heep
i'll his favorite novel, Is 'umble for small favors
He is grateful little SOUL she exclaims. Then
he carries her from church to church to hear him.
self preach When his failures longer interest
her he gets up the st. Sacrament mission with its
Romish surroundings to warp her religious belief
and alienatc her from her friends. her family and
her church. When this fails he starts his Orphan
age and keeps her there until hdpno longer can do
so account of her health. Her confession to him
her priest. his lying sermon preached Tor her
benefit and which she heard after he occupied this
relation, his gorgeous inversion into his friend
and colegatee DIR. McGlynns church. at which
she present; her own perversion and reception
nraley acting as her godfather her final departure
Europe with Bradley-all this steady progression
in the severance Of decedent from her family, her
church and, lastly. her country, cannot in reason
be attributed to accident religious conviction.
And with what plausibility can it be asserted
that an influence which did accomplish such u moral
and ply sic change this did not also control her
in executing instrument to provide after death
for the object of her infatuation and was not the
result of saccrdotal relations and denounced in law
'undueY
'L1KE AN OCTOPUS"
"The strong arm on the passage over never reln-
Quished its grip around her. The moment she
reached the other side his family, like octopus
surrounded and entwined her. They fattered her
vanity, pampered her appetites. forwarded her let
tors and drafts and wrote her letters innumerable
At time thencoorward until the day of her death
was she not either with Bradley or with Bradley $
family or corresponding with them. Her perversion
to the Romish Church was not the simple result OF
religious conviction. MS appears from her diary
when she first arrived abr ad. Her mind was
then occupied with dress and theatrical amuse-
ments and ordinary Sightseeing. This also appears
from the paucity of her confessions noted-only
one IN 1879 and nine i'll 1878. To this Bradley
hastened to carry her to Rome. where he kept her
visiting churches and services and saturated her
with shrinos and relics until he could renew his
sacerdotal relations with her by reordnation as q
Romish priest" Nj. Gerry then read over the evil
dencc upon this point. naming the numerous reii-
gous rcreats visited by the decedent, and citing
private interview which she had with Cardinal Man
ming and the Pope. He then went on to say:-"Al
this time Bradley reaping q golden harvest.
Sine paid his expenses provided him with the means
for his ecclesiastical education and RENTED him
money without STINT registered letter after regis
tered letter and entry after entry i'll her diaries
show" Mr.. Gerry continuing. said that the scheme
consummated in 1875 when the will was exc
cutcd The will executed by decedent in England is
substantially the same the one in contest II was
drawn for her under the same influences, with the
like object, and cannot now be relied upon as a
PRIOR will evidencing prior uninhucnced DISPOSE
ton of her property. They both practically dsin-
hert the docedents only relative, her sister. The
is irresistible from the evidence that IL
Bradley had not influenced the decedent she would
either have died intestatc or have exercised her
own volition in favor of her sister, to whom she
had been and then was very much attached.
In conclusion Mr.. Gerry urged that there is vast
difference between ordinary legacy by an indi-
vidual to her pastor spiritual adviser and will