The New York herald., 1879-11-08
CONrES TED WILLS.


CARDINAL M'CLosKEY's LEGAcY-CoyTINUATIoN
OF THE MERRILL WILL CONTEST BEFORE SUR
RoaATE cALvIN--THE DEPOSITION OF MRS.
MERRILL's PHYSICIAN.
There was another Tearing before Surrogate Cal
win yesterday in the Merrill will contest AS ON the
previous day there number Of interested
spectators who listened to the reading of the vou-
mnous foreign depostions with marked attention.
The principal contestant. Mr.. George Merrill. sat
beside his counsel. Mr.. Parsons to whom he ire
quently whispered suggestions.
The first deposition read ny Mr.. Parsons was that
Of DR.. Gregorio Fdeli. Of No. A Via Gorgonano,
Romo, at one time Mrs. Merrills physician. Pre-
limnary to the reading Of the deposition. however.
Mr.. Mcclure objected to the reading claiming that
the Doctor could not testify to Mrs. MerrilPs con-
dtion obtained through professional visits. such in
formation being privileged. This objecton. how
ever, was overruled by the Surrogate and the read
Ing of the deposition proceeded with. Tho Doc
tor testified that tho decedent suffered from
heart disease and drank to such extent
as to be frequently intoxicated. The witness
rem nonstrated with her about such excesses, when
he discovered that she often suffering from
alcoholism; her condition affected her to such an
extent that she sometimes wept like child and
complained bitterly that she being robbed by
number Of women; at one time during her illness
Sister OF Charity who had been waiting upon her
was obliged to leave account of the violent
duct of the patient. The Doctor then went on to
say that when he again Mrs. Mer-
rll her demeanor and appearance were totally
changed; she became careless and apparently
oblivlous OF everything; at that time she mani
testify falling in mind and body; she would talk al
most necessarily about religion. about DIR. Chatard
voubly. and all the time drank freely of cham
pagne; her conduct and appearance were often
spoken about before him.
WHAT A HOTEL KEEPER SAW.
The next deposition was that OF Ettore Francis
chani. who states that he is Chevaier of the Crown
Of Italy and proprietor of the Hotel d'Europe. in
Rome, and knew Mrs. Merrill very we'll; he came in
frequent contact with her during the two
Roman seasons OF 1874 and 1876 the last
she stayed at his house he noticed
that she wandering in her mind and dressed and
acted peculiarly; she would change her mind by d-
rection of her courier and others, and would go
tine days with seven or eight shawls her and
versation she would frequently adopt the sugges-
tons OF the last person talking to hcr and acted like
an mbecile person; her bills for wine of which she
was very fond were exceptionally large; DIR. Smith
began visiting her. and 1t soon became apparent that
sho was considerably under his contro-so much so.
in fact that the courier remarked Snce this priest
arrived she Is not the person." hc would re-
main with her for hours. and wines and liquors
priests conduct is so bad have a mind to throw
him out of the window" it the general remark
that she was in her second childhood.
The testimony of Joseph Tuckerman. of Paris,
next read was to the effect that when Captain and
Mrs Merrill were first IN Paris they often talked Of
the decedent again her manner was entirely
changed. (.
Mrs Mary Ellis whose deposition was next read
states that she keeps boarding house in Paris and
that Mrs, Merrill boarded with her in 1868; her
actions were strange and attracted the notice of her
other boarders; she wore old muslin cap and
would ask the other occupants Of the house if she
looked well in it.
The next hearing will take place on Monday.
JOHN B. JANTzENs TESTAMENT ATTACKED BY
HIS SISTERS THE TRTBULATIoNs OF TWO
BACHELOR BROTHERS
There another hearing yesterday. before Sur
rogate Calvin. in the contest over the will Of the
late John b. Jantxen. who was wealthy butcher in
Centre Market who left all his estate to his brother
and partner in business. Joseph. Jantzen. to the
clusion of his sisters. who contest the will.
George w. Brown, one of the subscribing wit
nesses, was examined yesterday. He said that al
though the brothers were bachelors and
hold affairs. through the intervention of
known causes. became somewhat complicated.
the establishment began to be seriously felt Re-
markable disnppearances OF necessary household
utensils were daily events. The INSCRIPTIONS ma
rauders, whoever they were, would appropriate tho
spoons and butter crock. which. IL replaced. would.
Notwithstanding. the utmost care, disappear again
in the most mysterious manner. The efforts Of the
brothers to retain their sleeve buttons properly in
their place often proved abortive. and sometimes
they would be astonished to find themselves
shirtless. The mixed condition of the house.
hold finally became SO serious that even
the fires went out Finding that the
dized the brothers concluded that ono the other
of them must become a"Benedict." Each expressed
a disinclination to this measure, and at last the
brothers drew lots Joseph Jantzen was elected
and took to himself wife.
In the further testimony Mr.. Brown said that he
believed the decedent was man of sound mind.
The further hearing was then adjourned.
LOUISIANA ST. JOHNS WILL.
The objections to the probate of the will of the