The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-02
MR.. EBENEZER SMITHS WILL.
THE SUIT A GRANDSON DECLA REs TO RE
A VEHICLE FOR SANDER.
Some PeeuinritIes Of me Aged Teststor-
The Boston Weman Whs Believed Presi-
dent Buchannn to be In Love with Her.

BOSTON, Jan. 1.-Ebenczer Smith died at
his home. in Aston street, this city. on Oct IL.
1864. His estatc was valued Mt 100000. The
heirs we're tho widow. Mrs. Eliza Smith one
son. Isaac J. Smith. President Of the Metropoli-
tan Savings Bank Of New York two daughters.
Sarah W. Thorndike. wife Of Dr. William II.
Thorndike. a physician OF high standing In
Boston. and Eliza W. Smith of West Medford;
and two grandchildren. sons OF deceased
daughter. Hazen j. Burton. Jr.. and George s.
Burton. clerks in a Boston clothing house.
By a will purporting to have been made few
days previous to his death. Ebenezer Smith be-
queathed the bulk OF his property to his son
Isaac J. Smith and his daughter Mrs. Thorn
dixie. the Burton heirs being remembered only
to the amount Of $500 each. Tho will was pro-
oatcd and suit was instituted to test its validity.
One Of the witnesses died soon after It's execu-
ton, and the other two. nurse and servant
in the Smith household. could not be found. The
suit resulted in an attempt to compromise by
giving the Burtons IS. 600, an offor that was not
accepted.
In June last another suit WINS begun. but II fell
through on technical grounds. Still another
suit was instituted by tho Burtons. and on Dec.
HEARINGS were begun in the Suffolk Probate
Court IL was set up as rensons to declare the
will null and void. that Il mad been made under
undue influence; that the tcstator was mentally
lncapncltated from executing IT, and that the
signature was forged. in pursuance OF a con-
spiracy tn defraud the Burtons
The testimony Of Hazcn J. Burton. the father
OF tho petitioners. showed that after the wit
ncss's failure in business coldneas grew up
between the smith family and himself; that
Ehenezcr Smith always expressed great tendcr-
ness and ~ for his daughter tho wife OF wit
ness; and NAT Just before his death Ebcnczer
smith was found wandering about the streets
"A slinp"rs and dressing gown and withouta
hat and when urged TO go homo he replied:
Homel have no honew
The two surviving Witnesses To the Will Anna
G.. Giles the nurse and Margaret Patterson. n
servant in tho household. testified concerning
the cxecution of the will. and were corrobornted
t"s'ator. When he was called upon by his son
Isaac 10 sign the will they said he. appeared
refused n second time and was rapidly sinking
when Isaac seized the hand that held the pen
and wrote tho name. When the name WIS
written Ebcnczer Smiths eyes were closed The
viii was signed unconsciously.
sr Mr. Saines WI hrsns wh2 drew up ,he las, las,
| he made II without any written or oral nstruc-
tons from Ebcn"zer Smith, He. made it
| forenoon Of Oct, 5. 1864. Witness thought that
Lbenezer smith was sick &C the time but he
could not recollect. Hecouid not say whether
or not Ehenezer Smith ever saw the last sup
| posed will. After the will drawn Isaac T.
| tanning the provision whereby he would bc ex-
| empt from giving bonds as an executor. be-
cause heantiCipaied no little trouble. as he re-
Hazen J. Burton. Jr one Of the petitioners
was the next witness. He was 81 years old anf
| WIS "a sal rtilhn III n wholesale fIptuluE mousse.
| His mother died when he was years OLD. He
| remembcrcd that when he WAS little BOY he
went TO i've with his grandfather. Ebenezer
smith. He used to toll witness not To go near
| his grandmother while she told him no, 30 60
| near his ,grandtather. After his gradfather's
| death he had difficulty In getting an audience
| with his grandmother who said she did
not want want ~ see him him about tho estate
has been done TSe st q suspeon tai fn he
had that the last supposed will was fraud was
Hoar's Office Judge Hoar said TO him You
| didn't know that we had evidence sufficient 20
| indis that precious uncleof yours in New York;"
Isaac T Smiths testimony. subsequently. that
he had assisted his father 20 sign the will
the same time ne Mrs. Th"rndike tcstiiled that
she was not in tho room when the will was
signed but Mrs. Giles tho next day told him
I-aac T. Smith signed his fathers name to the
| VIII. Mitness never signed any compromise In
| said that he advertised last January TOR inior-
nation concerning Annie Mans6ed. Lizzie
Moore. Bridget DAILY. and Margaret Patterson
| now or formerly engaged IA servants in Bos-
sGasc ~ missing " viii HIT " Mt So Eben S sS
| Smith. He iouDd them. but afterward learned
| hat the Witnesses TO the will in question were
Sarah j. Burns and ko'ert Curtis; He saw
! Curtis at the house OF Mrs. Thorndike several
times Quits told him TINT he signed will.
| batting Of his grandiather's will when he
| found the missing witnesses. The boy. S.
J. Burns. whose name Appeared on a
| document presented to him bv Or. Thorndike
| Wtcrwurl said he could not identify his sigma
turn Witness thought The fact was damaging
| Burns boy said 10 him that he did not sign the
document. and lac twItnessl had never used
| any undue influence 10 get him 10 say that he
lid, Atorward, in court the Burns boy tes,i-
| I'm that he had signed some paper az tho re-
| 1u'-t OF Dr. Ihorndikea and that when no
signed his name Mrs. Ebenezer Smith was
| not IN the room.
Mr.. Eliza W. Smith was recalled and cross
| examined. She said she did not rcmemb1r
| whrr" she was when her son Arthur robbed her
| ot her papers. Both OF her sons, Thomns p.
| and Arthur c.. opposed tho will She left the
natter in tho hands Of Judge Woodbury. who
wits to act for her best interest. and. with the
view OF having IL settled she was cipher n the
family. She thought Isaac +. Smith encour-
aged her son Arthur in his opposition Judge
Woodbury. worked to have the boys Withdraw
the opposition tp the will. and She az the same
time WIS Wiling 10 nave the VIII set up ani set
tied. This wis because she had four children
and no income, and because she wished to get
IN" money the last supposed will Afforded her
George W. Phippon. teller in the sufulk Ma
uonnl liAnk, an expert in handwriting. tesli-
He'd that ia nus opinion tho signature upon the
Will in question was not in tho handwriting OF
Oeore, T. smith the son and the lawyer OF
l-anr L. Smith. made the opening plea In tho
cas-" for the res pondcnts to-day defending his
iathor from the ISLANDERS and aspeeslons that h,
AYERS have h"cn cast upon him in the evidence
now introduced He cluimcd this new suit was
simply II vehice OF Islander ana gossip. and thai
lapse Of tlme. why the will should be set aside
| II u u ovcrthrown. there was still a long line o
wills and codiclls since 1859. none of which gnV,
the burton boys moro than $500 each. Tnt
motive 81 Eliza W. Smith In attempting to breaL
this will WAS 10 secure large estate. Hel
school NJ Washington was financial failure
Mr.. smith avcrred that he could show tina
lsaae J Smith hAd always assisted hi,
| father, Ebrnc2er Smith; that letters could bl
shown in the handwriting ~ Ebenezer Smitl
| expressing gratitude for this financial aid tina
by will OF 1864. Isaac 4. Smith and Sarah W
| Thorndlkc received larger legucits than die
Eliza W. Smith. IL WIS Eliza W. Smith viii,
now appears in such JEALOUS opposition TO tn,
Will who suggested that a new viii should b,
made. and clamorrd for IT'S execution.
| William II. Drury. lawyer for Mrs DIR. Thorn
dixie. then opened for ms client lie put in
statement showing the provisions OF tho dif
| iercut testnmrntary documents Of IbcneHa
| Smith existing at his death. oct. ~. 1854. ElH'
W. Smith was u spendthriit he sad. and woui,
probably have been brtter of II sho had beer
| provided for as in tho will OF Aug. 49, 1861
while on tue contrary Isaac +. Smith. who WI,
tho favorlte son OF Ebencz"r, and who WIS al
honor 10 his father. rghteousy was given
good share ot the property. He said tina
| AndriX A. Foster. the dead witness Ia tho Will
testified before his death that EbeneZcr Smitl
was competent in NIL respects tOmnke a will and
that his property WIS distributed according L
his wish and intention.
| Edward ~ Iohoir 4 prom nent lawyer. was
| the first witness for the respondents. lie wa
DE-. Tnorndlkc's lawyer IN 1864. when the vii