The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-02
DIR. ROBSON's VIII.
Seeking to Verify the validity OF n Copy OF
the Paper.

The trial OF the contest over tho admls-
sion to probate. as the last will OF Dr. Benjamin
H. Robson. Of paper alleged TO be a cory OF the
will. was continued YESTERDAY. On the first day
Of the trial. Frank Sage. n grandson Of Dr. Rob
son. testified that in tho summer OF 1865 he saw
Arson Baker and Magellan I. Mix sign as wit
nesses. paper which DR.. Robson had pro-
viousy signed and declared to the witnesses
was his will and that in February. 1870. he saw
DIR. Robson. Arson Baker. George W. Clark and
Smith Baker sign some writing which Mr..
Barker wrote on the paper executed in 1865
and that he understood that the second paper
was codcl 10 Dr. Robsons will. On Thurs.
day Magellan T. MiN.a witness 10 tho alleged
viii. and George W. CLARK who Witnessed the
execution OF the paper. said TO he tho codicil.
were examined Mr.. Mix did not rc'olleci dis
timely whether DR.. Robson declared that the
paper which he signed was hlh will; but tho
witness was satisfied that IL was Dr. Rob.ons
Will, Mr.. Clark testified that when he was about
10 sign the paper said to ho codicil 20 the will.
DR.. Robson said. We must do nrighhorly acts
Ior ons another Mhen you get to be as old as
Arson Baker was tho first witness yesterday.
He WITNESSED the execution nf both lu4tru-
ments. He could MOI recol. Get AT Or. Roas !
declared nj either time what the paper :.
But he believed from what was said at the two
and the other n codicil to that will.
Wv william ,Ll H. SaGe, grandson Of Dr. Robson.
was the next witness. lie SAW IL" paper which
was executed by DR.. Robson in 1855. several
times a'tcr tho death Of lis fa'her. Frances 2.
Sage II was endorsed Last will and codicil
Of benjamin Il. Robson" II WIS kept IN "A
Tin box in DR.. Kobson's house. In NoVomher
1874, Benlamin Il. Robson. Jr.. visited his father
DR.. Robson. On on" Sunday morning in that
month, while reading IN the back paror of his
grhndtaihers house, the witness heard loud
talking In his grandinther'- room, which was
directly over the back parlor. II" heard the
word will spoken. and heard BenWmin Il.
Robson, DR., say. viii not stand IL. III cun-
test II to the last AiOllar in tho estate and es-
pecially the cOdicil.' The witness thprrupOn
went upto his grandfAthcrs room ana Hskcdhis
uncle Benjamin II. Robson. Jr. to put the Will
back in the tin box. sir Robson refused and
said that the will was unfair aIsi must Doe de-
strOyed. He added. What do / want with those
old Division street houses. | want no trusts.
when tho old gentleman dies. ! want my sunra
out and out" Mr. Robson then put the will in
his pocket and went out OF the room. The wit
ness often repeated his request that his uncle
should return the will 10 the Tin box. and was "a
often refused. Ii WAS never replaced in the box.
Tho witness lived in his grundfuthrr's house
until y Is death, and WAS never again able 10 find
the will
At this poin, tho witness said that he had
oii,n read the will and the codicll. aud could
tell their contents.
+. L. Nanderveer and John W. Boyle. tho con-
testantS' counsel objected 10 testimony as 20 tie
contents OF the will until lts execution and loss
or destruction had been conclusiVcly proved.
Surrogate Calvin said that The proponents of
the VIII had mnde a prina iacie ease rs 20 its
execution. but had not proved It's loss or deslruc-
non. Ihereupon the further hearing was ad-
IA - N Naa