New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-11-04
THE COIiRTS.
THE MARX WILL CONTEST.

TIE MARX WILL CONTEST.
ARGUMENTS ~ Favor OF IBE DTcrDfNI's NV.
TAI Observation-Disclosures That Lgn
HER To MAKE A WILL
Although George Merrill, the contestant of
the VIII OF Caroline A. Merrill, arrived in NewYork
yesterday morning from Paris attend the adjourned
session OF the the counsel upon both sides
sented before the Surrogate 10 make way for the Marx
Will case and lee their cause 40 until tomorrow.
the surrogates calendar Is Allied middle Of
March. 1880. and the courtesy OF the lawyers In
Merrill obviated the necessity OF waiting until
next Spring the Marx case.
Charles Matthews. the counsel for the Rev. Dr. Me-
Gynn the Of the will OF Mary G. Marx, sum-
med up the evidence for the prepayment yesterday
afternoon. Some difficulty arose stipulation
which the counsel upon both sides had that they
would not before the Surrogate for the striking
out OF any testimony on the minutes Dir. Matthews
and Mr. Mitchell conended that TINS did preclude
them from moving for the exclusion OF the deccdent's
diary and letters evidence OF the facts stated therein
for purpose except 10 show her mental condition.
Gerry upon a contrary Interpretation
stipulation The Surrogate SAID that the would prob
ably largely upon the decision IN this matter when
he reserved Mr. Matthews argued, however that even
admitting the diaries and letters evidence OF facts,
there evidence TO show either that Miss Marx
up he day Of death OF unsOund mind that
Mr. Bradley the young Roman Catholic priest, who Is
the principal legatee exerted undue influence her
In the making OF the VIII.
In 1869 he said the three sisters, with ample for
tune. attendants at St. Adams Church, and were
devoted adherents that church. In that year, Mr.
Bradley, young Englshman Just graduated from OK
ford and theological studies. TO New-York. A
stranger in this city, he became acquainted with the
three sisters and cordially received by all OF them
lie in his religious work. and conided 10
the sisters a n that he had in mind. Of establishing
an oratory They contributed together FOO for tine
purpose. The decedept expressed Der dissatisacton
with the oratory her wishes not followed
TO the place In which il should oe situated su5se-
greater convenience in caring Tor its affairs and is
children Miss Marx the tesairx took rooms ne 19or
10 the orphanage. When she became sick MI bradley
sent word 70 me sisters. II ne had aee,eed TO Shsss
argued Mr. Bradley wou have made use OF THIS SICK
and kept the sisters ignorant OF IL Nhen ZIG CON
with her servant door 10 tile orphaDag anu not as
ntinaled oy ne eontsssnps eounse sn so
intimacy 10 have existed between her ana Mr. Baoiei
few weeks after this Mr. Bradley and tie deeedent
became converts 10 Roman Catholicism Miss Marx De-
came active the minstrations OF the Church Before
Surrogate could mud this evidence OF unsonnd
OF mind. Mr.. MATHEWS said the Court mnst hrst
world. Under their mutual admiration for and oevo-
to the Church up the mutual respect and re-
gard OF Mr. Bradley aud this woman already IN the An
inmn OF NE TO an lnlents ana purposes she aao p.sn
dence that be- exered any influence over her, cx
cept legitimate RELIGIOUS influence He never dis
affairs she spoke constantly Of him as a yoine
whom She was interested and Tor whose success
Her diary showed that Mr. Bradley's friends In Eng
land cultivated ANA refined persons; and there wai
not inmatiOn IN toe evidence That they had aIl de-
sign 70 assist Mr. Bradley securing her money. Until
the ~ Emma Marx her sister. aud the bringing
to ighi OF her will. there had DeeD lar the evil
dence showed, reference VIII. nor lad MI Brad
ley said word TO the deceden about any disposition Of
property. This only few months before her Own
death. aud she in letter that len for The hrs
tIme she Thought OF making WILL This Mas caiird out
by the that Emma Lad LETT her out OF me pro-
visions OF her VIII. She subsequently, wIoie in her
diary: Dr. McGlynn has Kindly consented to my
qu, ST." which request, Mf. Matthews argued was
that he would act as her execution Iis was the strong
est evidence offered that DIR. NcGlynn was Ia % con-
sDraey TO get possession OF the iadys AT the
same Appeared that Dr. NcGynn did not eVcl
know Bradley = address, that the dooedent had not
Mr. Bradley for weeks, and tat the latter vas
5000 miles away. she knew what she wanted and she
dictated the provisions Of her Will without any sugges
ton persuasion from any person as to what sIe
should do with her money
There some further argument upon both sides
and the was submitted for the surrogates decision