The New York herald., 1879-09-17
MRS. O'HARA'S WILL.

FATHER 1fAGUIRE DEFENDS HIMSELF FROM
THE CHARGE OF USING UNDUE INFLUENCE
HIS RELATIONS WITH THE WEALTHY WIDOW.
The fourth session Of the examination or wit
nesses the matter Of the contested will of the
Mrs. Mary O'Hara was held yesterday in the Kings
County Surrogate's Court before Surrogate Daley.
The will in dispute bequeaths to four charit
able institutions respectively, and $4,000 each to
Mary Catherine O'Hara and Mary Augusta O'Hara.
granddaughters Of the deceased lady. The residue
Of the estate, which is said to be valued at about
$4,000 is left to the executors. City Judge McCue.
Dr. William Dudley and Rev. Robert J. Maguire. to be
disposed of bv them in accordance with certain
bal instructions. said to have been given them by
the deceased and which relate to the education of
certain young men for the Catholic priesthood. The
contestants alege that their grandmother was sub
jected to undue influence in the execution of her
will. Ex-Judge Samuel D. Morris, Thomas A. Pear
sail and Mr.. Starr appear for the contestants and
Counsellor z. NJ. Cullen for the proponents. Yester-
day. when the case was called ten lady relatives and
friends of the deceased widow we're in attendance.
seated in row.
Mrs. Mary Pagan. who had resided for seven years
in the family Of Mrs. O'Hara. was recalled, and.
being examined by ex-Judge Morris, testified that
the deceased had told her. after she returned from
Rome she would make DIR. Dudley one her ex-
ecutors. 'because he was Protestant and it would
look better"
Rev Father Robert J. Mcguire was then called as
witness. He Is pale. delicate looking old gentle
man. of medium height and erect mien. with gray
hair and blue eyes. He testified that he had been
pastor OF St. Pauls Church. Court street. for sixteen
years, and had known Mrs. OHara during that time;
she was member OF that congregations since 1870 he
had not called to her on an average once week;
deceased called at his house sometimes after the
ceremonies ut the church were
sDid you tell her" inquired counsel. "that she
had done enough for her relatives?"
81 never said such thing to any one in my life"
with anger.
Q. Don't you think she had absolute confidence in
witness. 'I do not; don't think she had conf
dence IN anybody"
Q. Did she make presents to your A. She made
presents to the church; she gave mo gold watch
that had belonged to her husband.
Q. She made you some other present, didn't she2
A. don't remember other personal presents; she
gave a chime Of bells to the church; they were
worth about $1,000. believe; never asked her for
anything she gave money to build an altar for the
church; the altar cost about $4,000.
MoNEY FOR MASSES.
Q. How much did you receive from Mrs. O'Hara
for masses to be said for her?
Judge McCue-What transpired between Father
Mcguire and Mrs. O'Hara. the witness being her
confessor. hasn't anything to do with the case and
shouldn't be inquired into.
Witness. when further questioned. said that de-
daughter Cecilia and her husband and that she paid
the chor she paid $50 for the anniversary masses;
she gave check for $4,000. indorsed by Witness for
q. Don't you remember Mrs. O'Hara iudulgng in
the use Of intoxicating liquorsand your participat
ing with her?
Witness said sometimes Rhe would take something
when she felt poorly" while they out driving;
If they passing place she would get out and
get it; sherry wine glass OF lager would affect her.
q. Do you recollect relating to her the story of
two persons fighting their fathers conn for f5
which he had left? a. know told her that; saw
it in the papers much.
q. When did she make her will? A. don't know;
Mrs. OHara talking about the will all tho time,
OF how and when she would make 1t; that was ten
twelve years ago; she would change her mind two
three times week said il had reations like
the persons who quarrelled the coffin wouldn't
give them money il had it.
THE WIDOWS INSTRUCTIONS
Witness in reply to further questions said he
didn't tell his clerk that Mrs. OHara was worth
$4,000 and would leave her money to the Church;
heard her intimate that she would leave good deal
of her money to eharity she never intimated She
would leave large amount of her property to Judge
McCue DIR. Dudley or himself.
Q. Did Judge McCue ever tell you his instructions
were verbal? A. don't think so he may have
told OF the instructions; witness didn't
remember going with her to Judge McCue's Office TO
examine her will the day she sailed for Europe.
Miss Mary Louisa Collins. residing at No. 652
Warren street. testified that Mrs. o. Hara told her that
Augusta O'Hara had asked her for money, and that
Father Mcguire told her not to give her any. she
not q Catholic; she said Father Mcguire wanted
her to give five more bells to complete the octave.
Mrs. Martha E. Clark testified that for twelve
years she was leading soprano ut st. Pauls; Mrs.
O'Hara told her she had great confidence in Father
apuire and would do nothing without his advice
Tho examination adjourned.