New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-03-20


opinion concludes with expression of satisfaction
that the record should have been preserved so
| clean-in spite of all the efforts to tarnish it,
| SURROGATE CALYIN'S DECISION.
| PECULIAR ASPECTS OF THE GREAT WILL CAST
NEITHER PROOFS OF THE CoMNoDoREs MEN
| tai UNsoUNDNEss NOR OF UNDUE INFLUENCE
by WILLIAM II. NEUTRALITY-SUSPICIOUS. PUNISH
MENT ON THE PRINCIPAL sPIRITUAIIsTIC
| WITNESSES "-wEAKNEss OF THE CONTESTANTS
| CASE.
| The last word of Surrogate ealvin's decs-
ion in the Vanderbilt Will contest written Tues
day night and last evening the opinion in full from
the hands Of the printer Just two weeks elapsed from
the the submitted to the time OF the filing
OF the decision. The decision opens with history OF
the case from March 49, 1877, when the will was first
admitted probate TO the closing OF the last testimony
The terms OF the Will and the gist of each witnesses
testimony presented The is then grouped under
eight heads. The opinion then is given, of which the
| following is summary:
Before entering into the consideration OF the different
questions general Obserya IONS upon the proceed
ing to be necessary, by way OF emphasizing the
conclusions be reached and promulgated This case
has excited extraordinary interest IN the public
mind well as in the profession, not so much because
of the magnitude Of the pecunary interests involved
| which, however, are such rarely ever
| have devolved upon judicial mind to deter
| mine but because there is very deep solicit
tude on the part of all classes know whether the will
OF such man the decedent believed to have been
could successfully assalled IN short whether any
Will could he made which would successfully resist the
assaults OF dissatisfied heirs and next Of kin And the
inquiry has been IN the minds and hearts of many people,
whether anyone could dispose OF his estate by WILL aud
feel a confidence that such disposition would be re-
spected and sustained by the courts In fact the right
make any estamentary disposition has been felt to be
| on trial in this proceeding
| STRANGE FEATURES or THE CASE.
This proceeding has been extraordinary not only in
the vast amount Of pecuniay interests Involved and
the very voiuminOus testimony taken, and the time oc-
cupied in its trial, and the distinguished counsel en-
gagged but In tho numerous and hOtlycOntested ques
tons raised upon the admissbty OF evidence. aud the
exhaustive discussions OF counsel, embracing nearly all
of the questions of and law issue In the
Another feature OF this contest which seems TO have
attracted public attention and justly excited comment
the persistent effort OF children to TO the pub
life; beh,tle nis intelligence and his vrura to dis
tort his providence into nranness; TO magnify his
eccentricies dementia lis social iolbes 10 i'm
moraliiy bis business differences rto dishonesty and
treachery; ana to ascIIbe his diseases to obscene
At tne the discussion of the various gues
lions involved 1t will be well clearly to define the func
lions OF this Court respecting the probate or rejection OF
"a last will and testament. II IL not It's province 10
make testamcntary disposition Of other peoples prop
erty, or to revise decedents WILL put 10
puss upon tie questions raised by the ALE,
u
disposng mind, uncontrolled by any other dominating
mind. Indeed, the statute OF this State authorizing
and testament necessarily Involves the right to
make DETERMINATIONS which may seem to be IL
liberal and unjust aud for court 10 assume TO inter
NEEDLE because o. such apparent injustice would IN
nay the the statue Il IS the settled law of this state
that unequal, what is deDominated an unduliiu
M Of "1 the BSi
frand exercised upon IT, but that the provisions
OF the will ay be considered IN conjunction with EVIL
dce of mental unsoundness or enfeeblement or undue
| influence
| THE CoMMoDoRE's DISEASES.
The autopsy reveals the fact that the decedent was
afflicted with several diseases OF chronic and painful
character which most of tie medical experts on both
sides agree had tendency to affect the mind and which
| Drs Vanderweyde and Dixon claim under the facts
stated in the autopsy would inevitably produce I'M
soundness OF mind. But those two witnesses on
their crossexaminaton greatly weakened the
force Of their testimony. for they expressed the
| opinion that the statement OF the decedent,
America If not OF the world aud that his SON william
H. would after him, Indicated insanity; and that u
should say that h. stood at the head. would. in their
Opinion be OF unsound mind, and tnat about eighty
sonndDtestlmcny which seems to provoke
| the inquiry whether, as the percentage OF men
sano ~ does not raise such presumption of irraon-
aiy the OF all medical experts as to require ar.
frmaye proof to overcome that presumption, and
whether the testimony Of those two experts has In any
degree overcome IT, Two OF the most celebrated expe,
Buren, testified that there is hing in the autopsy TO
! suggest arrangement or enfeeDement or mhu; ana
that an autOpsv not including an examination OF the
bra IN theT opinion, affords no basis OF JUDGMENT re-
spectpg tbr mental condition OF the patient especially
| AT a year and "A half before his decease.
The statements Of the autopsy and the expert de-
due ions from them have seemed 70 be OF very ittte
a mere suggestion OF probable cuieeblemet OF mlhd
| aud however strong the proof OF thai probable
| nv, they could never outweigh or overcome
! the testimony OF one cOmpeten' observer or
| The appearance conversations, conduct aud menta!
characteristics OF the decedent for series OF years
m his domestic, social and business reIatlOhsj I"r
n.rn had tx slcd any mental eueeOlement or uns0und-
! u..s such an observer would most certainly have
noticed IT, such proof would seem to be Only us'Iu ~
atIng and accounting tor actual evidence OF
mental alteration but suon deductions from remote
causes should never bc accepted as mllH' nB hshat
the 40 ai ard we'll facts For unSounduess OF
mind can only be predlcated unS0uhd manifest
| alton development.
PROOFS or MOSOMASfA.
The surrogate rrctcs the facts which tho contestant
claimed showed the decedents uusoundness OF mind
! or mental impairment, and which during the trlhl
formed the basis Of tho hypothetical questions
proroundcd by counsel The Surrogate then reviews
| each OF these claims In order az follows:
| The only proof upon the subject OF the
| decedeuPs failing memory was tDnt on sew
| eraI occasions he said that his memory was
failing In respect to the charge that the decedent al
nrmed the duty OF equal distribution OF property, II
IA proper Ia remark TINT most ~ the testimony tha Is
given by the contestant upon that subject exec ~ mat
OF Nrs Bishop by comparative strangers TO
tine decedcnt who called upon him III respect 10 matters
In connected with that subject, aud who tesll'
fled that, without any apparent lnnhccmehto OF CON
neouon VITA Tie subject under confederation. the
deceut launched out INTO GAR uous statement OF MS
opinions and purposes III respect 10 the ustflpuuoh "
bis property. - a. - 40 -,,.. -.
taken IN connection with her declaration tbnt the de-
cedent expressed affection, fondness aud preference
TO become witness. claiming 10 ne imPsni e
thereto by the desire 10 prevent the foDDins
Efforts on the part Of the witness TO give her
testimony IN defiance OF objections and rulings
fat alaim haNA hae1i latAD