The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-21
ECCENTRIC MRS. MERRILL.
TIE CONTEST ron THE LEGACY LEFT
TO CARDINAL RCLOSKEY.

The contest OF the sixteen nephews and
peices OF the lutte Mrs. Caroline Augusta Merrill
over the will md codicil IN which she bsqueath-
ed Cardinal McCloskey the larger part Of her
property. was resumed in the Surrogates Court
on Friday. Her husband. Nathaniel W. Merrill.
was shipping merchant in Burling slip. where
he amused fortune Of over $500 900. Being
chlldless. they took to live with them one Of her
nephews. George Tibbitts. one OF the contest
ants. who also has begun Il suit against the es-
tate in the Supreme Court. The suit in tho Su-
preme Court is based on the fact that Mr.. and
Mrs. Merrill each made will in his favor. and
on the allegation that there was a contract of
which these two wills were an expression be-
tween husband and wife that whichever one
survived the other should give most OF the prop
erty to George. who had taken the name of Mer-
ril. II is argued that, after her husbands
death she had no right to destroy her WILL be-
cause II he could have known she would do so.
he would have secured the property to George
Merrill by other means.
The contest in the Surrogates Court is mado
on the ground that Mrs. Merrill was not OF
sound mind and WINS unduly Influenced by
members OF the Roman Catholic Church. II is
rotated on the part 81 the proponents OF the will
that prior to 1871. while she was iourneynR In
England. she became acquainted with an intel
hgent Rcntlemnn OF pleasant address, with
whom SHE fell into conversation on various
topics. At last. while speaking OF the Catholic
Church. she asked him what kind Of a man the
then newly made Cardinal Manning was.
l.. ol That, was ths modest reply. you must
The speaker himself was Cardinal Manning.
she was then an elderly Indy. A friendship
grew up between them. and one OF its results
was that on her arrival ut Rome In the course Of
her European journey she had conceived II de-
sire to Join the Church. The Cardinal advised
that she should not be precipitate. She de-
layed carving out her intention until her re-
nrn 10 Tue United States when she went to
h%rs L nd e sbe P beasSe ps'fR o@ aaa
SStho ic In May ISL. she made a viii.
She bequeathed 100000 70 the, New York
divided .25. 600 among her nieces and
nephews; aud gave the res idue Of her estate 10
while she was again in Europe. he died. and
che executed codicil in Rome giving the resi-
due OF her estate to Cardinal Wellesley. The
Cardinals lawyer was in Rome ut the time. and
she submitted the codcil To- him for his APP
against whom she had conceived a Violent an
The Rev W. H. Aiger Of the Unitarian Church
OF the Messiah. ut the request OF her relatives.
onelated Ut her funeral. Two days afterward
Catholic funeral service was celebrated in 81.
stephens Church without the presence OF the
body, From tue wording OF clause in the codi.
gu OF thu will i nppenrs as II shc thought one Of
leRntees had died, though his death is not dis.
tinctly affirmed. He lis now a surgeon omployed
on Japanese line OF steamers. A part OF the
money which had been intended to go to him
was IN We roiicil, given to his daughter Mabel;
his vile testified yesterday that Mrs, Merrill
had been in the habit Of calling on her almost
osliy; a portrait in oil OF George Merrill.
produced IN court There is n small hole cut
through the canvass at the centre Of the lips.
and the thumb Of the right hand has been cut
AWAY. Once ths witness called Mrs. Merrill's
attention to these injuries. and she said she had
made the mutilations. Her explanation was
that George Merrill had lying tongue and
false pen. He should never be allowed to write
or speak. She had therefore cut the tongue and
the thumb OF his right hand out OF the portrait.
10 Mrs. SHlter she luu accused him of
only two things. She said he had written
TO her banker not to send her SO much
money and in former years he had refused to
accompany her TO Lectures. DR.. Salter had been
a,grsat iavorlt- with her. but ON two occasions
she had seized the witness Unexpectedly 10y the
hand and told her that her husband was insane
adding that several Of his family had been n
an asylum Tor the insane ut Portsmouth. This
was not true Once she told the witness who
had invited her TO stay to lunch. that She never
no danger Of getting poisoned She told the wit
ness that she had about forty trunks in 4 ware
house near Chatham square. She had nine
Wunks IN her apartments IN the kossmore
Hotel. but when she went 10 Europe she took
hotel she had some very cry i IeN clo 81
and In others old flowers. strings. and other
similarly useless articles. When she went to
the steamer on her last trip. TO Europe. her car
rage contained thirty or forty small bundles
many o. them wrapped up in red SILK hand
ria2e bundle OF umbrellas and canes. The
first time Mrs. Salter saw her was in 1870 Then
she wore black silk dress. The next time she
saw her she wore hrocade silk dress. and "A
white hat with black vel. Brocade was not
looked very strange. Her collar and cufYs T We're
often unbuttoned. Al Saratoga, in 1871 she
with light blue sacq1r. trimmed with
scarlet braid and child's round-crowned.
narrow-brimmed white straw hat trimmed with
black lace and tied with strings. Mrs Merrill
weighed nearly 300 pounds. She usually wore
Two wells; aud sometimes carried a third veil in
suited for mourning. but II took person o.
good taste to wear gay coors becomi ngly. In
the summer Of 1874 ut Saratoga. she wore
Rauzs dress striped with purple and white. with
a loose white sack and ragged gloves Wgsn
she came IRON Saratoga the last time. In 1877.
sne was carried down stairs ~ chair and then
lifted into carriage. At the depot 1t was neces-
70 sb 9elEre Pss sd hg ,1r9HE
the Clarendon Hotel who had accom-,
depot asked her Tor money to purchase tickets cts
she refused 10 give it TO him and when she
asked hum again she became very much excited
loud voice The witness did not know mo What
che meant by Il Al the Clerendon Hotel in
let two priests see her when she was requested
10 do 80 by servant Alterward, at the Ross
more Hotel. after she had been struck with
thu physicnn Father Chatard who had been n
witn"ss TO the cOdicil. aud the secretary Of the
Cardinal. called. but Mrs. Salter refused to let
hnm i u hrE r29m telling them she was SICK
That she suffered from disease OF the heart and
Brghts disease, neither Of which had neces-
he thought, rs an expert. that she was not OF
sound mind He did not think she WIS a
lunntlc. He Judged her mind WIS unsound be-
cause OF her extreme negligence Of dress and
person. because she WAS in constant dread Of
being poisoned. and because OF her extreme
irrimbility aud causeless antipathies He had
heard her spenk we'll Of only two persons. One
OF these was Mr. Moses B. Taylor and the other
was Lorenzo Mattel. who was in her employ rs
courier in her European travels. The condi-
ton OF her heart made il necessary to bolster
her up on her bed She used to have her coll
ored servant. Elizabeth recne beside her and
In this position she would often pat her under
the chin and KISS her When she left Saratoga
for the Inst time DR., QuHck"ntos told her that
II she got lonesome in New York to call on his
wife. She repe Jed abruptly that she didn't like
women. and did not want to nc with them.