New-York tribune., 1879-09-03
THE COURTS.
THE O'HARA WILL CONTEST.

TESTIMONY BEFORE THE SURROGATE BY TIE
LAWYER WHO DRAFTED THE WILL AND ONE oY
THE vxTcUToRs.
The hearing in the contest Of the will os
Mrs. Mary O'Hara. which postponed fsuIu ne Ca
OF Ju'y, was resumed Monday in tRe Brooxyu sn.s,-
gates Court The will LETT the greater part o' prop
eriy 10 her executors. Judge McCus. Dr. William H.
Dudley and the Rev. Father Robert J. Mauirs. r. ia
contested By two granddaughter tho grounds 0,
want OF capacity the part Of the decedent aud undue
influence. The first witness yesterday IN behalf OF tho
proponents OF the Will Edgar NJ. Cnen The LAWYER
who drafted the will in question. He gave evidence
that Jad McCne frst called has attention TO the 'Gct
that Mr. OHaIa desired ~ alter her former will then
Mrs. O'Hara 20 his ofice by appointment aud he
drew tLc present will from Sstrncsns gwen by her and
from the provisions oi tho Former VIII, which drawn
by Judge McCuc IL was Bls impression nat there was
resiGudiy clause In tnc OLD VII similar 10 tie one In
the new one. Mrs. VHera desired tO have an estate
of JONI tenantry. Sac sid she wished 10 leave her
money 20 certain chars abe Institutions and desired her
eKecutor- ~ Ia that way. One thing she desired
Al TINS point Surrogate Daloy raised the objection
that tseO clients lD5tructiOns 10 her lawyer
expressing a willingness to have an the instruction,
admitted IN evidence tue surrog.le waived MS obIec-
she would give the preference for education 10 perons
bearing her own name, and they were 90 be IN the
OHara In presence Of Judge Moore Judah b. yoor-
hIes and Charles Lowrey The witness also drew tho
desired revoke several Dequests u charitable nsttn
tons. Nothing said TO bcr about this swelling tho
way she could not accomplish her ends
by direct Dequosts for by lawyers icgacies a.
Incorporated institutions held To Dc not valid Her
wishes we're not expressed In the Will, as they might
raise the question Of express trust AZ now ls all IA
cOnnded to the and integrity of tue executors.
who. A. resduaFy legatees. may spend the money ~
they choose.
There WAS no crOss-eNamination OF Mr.. Cullen, and
DR. William H. Dudley Of the three executors, aud
medical adviser OF Mrs. OHsra, Tas next called.
He testified that had been In regular practice Brook
lyn tnIrty y-nye years, and had known Mrs CHaTa
for y-ye lie had attended Der regularly for tho
twelve years the time OF ncr death. july 10.
Her conditlOn health during 1876 was good. In 1877
she was growing feeble phys cally but her mind
was extraordinarily clear for person OF her extreme
age Iu 1874 asked the witness about ner TEMPORAL
affairs She nad spoken him OF her RraDdau ughteTs
but not frequently. She did speak 0f them the
Warnest terms with reference tOthe disposition OF her
uroperty; ami letteTiy after the viii made she
ferTed To them in a more unfTiendy way than before
" about the time tnai the VIII was made that she
OF property, and asked toe witness o. ne
one of the executors. telling how size woad ncr
estate certain charitable Iustiiut .Ous. share
and share alike She also mentioned cdu-
caOnal Institutions, and the witness spoke Of
the Long Island College Hospital. lie sug-
gested the idea Of his being Of the resduay ga
tees After the will made he knew the PROVISIONS
and thanked Mrs. OIiara for bequeaihiDg - OOo 10
the hospital she spoke Of her Dciuests certain
clergymen, and said also that she had remembered her
n1augnIes In regard 10 The TesIduary portion 0f
her estate, Mrs. OlIar SAID that she let % 10 her
executors for educational and charitable purposes 10 be
used according tner LDnOr discretion and Judgment
She desired young men educated Tor the prlct-
hood and spoke OF a OF Hugh Hara. Tue wisrcss
had no idea of the FOR revOkng, by TIE sOGl
some OF the bequesfs.
Upon crosse 4 animation points wers eictef,
ana tho hearing adjourned until to-day. Edgar NJ
Morris Pearsall. stow Hopes and J. c. Jones for
the contestants.