New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-05-27
THE MARX Will sustained.
IusTopy OF 4 SINGULAR CASE.

case ,,,t h.v. come before Surrogate Calvin during
his term OF Office has been tho contest OF the VIII o
Mary CarOllue Marx, decision OF which was hahocu
down Yesterday The opinion OF Surrogate Calvin &C.
cuples 90 pages OF legal-eap paper TIE VIII was
made nv ono OF three sisters who joint owners oil
property yielding an annual income Of $4,000
Each OF the sisters was mcihoer
OF the Protestant Episcopal Church, ana
an attendant upon ST. Adams Cnnrca IN East Forty
sevenhs One Of the sisters Emma, died. leaving most
of her shar TO Catherine H. MIX, of the surviving
sisters Tho viii Of Nary Caroline Max, offered for
probate beQueathcd 20 her surviving sister. Cath
crime II. Marx, $1,000 year during her
life, personal property and the teststrN 3
interest in the premises at No. 122 E'st
Forties Tt leaves after the dealh q this sister the
testatrx's family silver" TO the R'v AOysins j. ID
Bradley. After paying the Rev. Edward heGynh
81 900 she directs her executors to pay TO the Rev.
j. d. Bradley during life the income from all the rest OF
her At his death all the property is to go to Inc
Roman Catholic Little Sisters OF the Poor Of this city
The will WIS contested by Catherine II. Marx the
principal grounds Of objection being inc alleged undue
il huence Of the Rev Mr. Bradley the alleged unsound-
mes. of mind Of the testarix and the fact that there
was no organic Incorporated under the name OF the
Roman Catholic Little Sisters Of the Poor"
SINGULAR CAREgR OF MR.. BRADLEY.
Tie Rpy. Mr.. Bradley, IN regard 70 whose relations
with Miss Marx the most Interesting questions arose
has had sLGur history as presented III the evidence
native (ifc2' BT.tdlN anu never was
led in this country II 1867 he ordained Deacon
OF the Church 81 Eugliad AMI wls licensed to assist "a
Curaie Of II. Abaus, HolbOfn, England. In 1853
he came 10 Ncw.York, AMI assisted FOR time al
ST. Adams. soon aferward he YRS iirerscd ~ preach
by Rsuop Potter. He made the acquaintance OF The
Misses Marx was invited ~ d1:e wth tlrm III cnnIaay
with Ihe Rev. Mr.. Noy"s, 90 -. AihlES ana clnllu
regularly 20 wish 1T tho h0us' pHLng more uhFk'n ~
trun to he decrdrnt. ny wHOm he Nas more corl'ay
Itcrved In 1869 be oDlaiDed from her ana otEer per
subscriptions with which ne rnbitinidth StuiiE
Nlsscn for Poor +, ople On Tie Eas SiHr. A'amuons
tLI~ plan, h" snAcd for huiOp'' Inc u'ceue.t
going 10 the steamer To srt mn ~.
After Mr.. Bradley return, !hr intimacy bciNrrn
him ami Miss Marx, the deced'nt' inereaT' they
frrqu-utly atteaGed chnca toS'ihe. aud N,s!tcl t
oii,n. IN 1870. Mr. bradley oicred al Bruniway ord
1hr;y'Ounh-t. an oraioij Were the s'INic'S WrrT
more lr those NJ tsc CyiHoc man OF the EPi>cula'
fesSed - Sit Eraiiey She began 10 dfeS IA bacA 10
spend most II bcI tine at br oiaor' ana HLdhru o.
bradley removed 10 West Forty 49, una oteurd
theirs rcw u'ssiuu cii.ed tie O'p"anuGe' MlH,
Tor the mission AMI Onjued 10 1--we hrte un Dcrh-
hr!. 1871, ~nru sur brcnn" Ok aud WIS t4Arn nome
m trhe 10 he prr."nt AZ the OrphTnage IN
JaI ualy, 1879 when Mr: brad - na'ir the
GAtEolIc Churcb. His license wa r'vokcd by bishop
tiurrh Nv thq Rev. Dr. Nctlynn in THIS city. Miss
Marx helns nresrnt o. February T. lsI2' she was re-
Mr. iifadrv called frequently upon her and made long
visits mil June 20 1872. when Il started in tr
SAND steamer Tor EufuI she travelled Hhruad ;"r nearly
xix YEAR, corresponding regularly with Yer sisters, ana
receiving remittance frol hOnl" Mo5i ~ The "vorncr
4 20 tho manner winch she slcnt these wears WAS de
rived her dIrT. Much % the time Bht was ir'yel
ing with Mr. Bradley; oticn Shr was NriihE ur
cOTTeSpnudIn. with mcIibcrs at hiS lamlly IN England
Almost day sh' made some mtm"Iauilnm about Mr.
Bailey. Sh' d. srtih Their trafc'' t"-r'h' lH"u-h
Eurup; thrir VISITS to Rom" AMI uhr cilrr The en-
tame Mr. Bradev Hiuient of theoicfy at the
AIurrIn oicgr III lcI"e ~ process IN! n'H nni or
dinaon When Ghs mt from AM she wrote Irtf III Wich
she ad"fc~scd I'm IN rhd"Mlhk rms. IN I'm, ~
the means for Ann to carry on MS Siuhitr' II rs
hrtrlDg serious ilurss ~ tyr a,rr l. : she ~
turnrt home ST. fnd thar ih- latter was dead aad lad
e't vii snvng most n Ger property J." Gu" rfsrnl
contestant, Catherine ii lark Ihr Ir'air'N az very
hpr.y a s dispusiuOn Of her sisters pi"r'ti". al
CHARGED Catherine and "t''T porous c"nrrc''a WIN
ST. \ bans VITA mt' r'rriug Win her s.ior isin'nh
eideir5 unnatural ami Oui3ugeOu. she had TAX "iih
Dr. McGiynu. and sOou R:ier%Ari met Ina, iac l4"iY
nGl wr 9% hs made tS m III NJ red r pros. she
ttT',tc Ia Sir bradley ihcn ~ Engl.nl. AG told
'rr'a'UX. .tiier. vince tht Su.,of"ic. cnHi.
written hy Mr Bradley tuc contestant. hns hey 10
rclur' his Iojrih ,rrt {" the d"c'rut nd Z" under
eand TINT e dcc,dent'> pr0 rtY lef ~ E.Efnd ~ his
Liuc for his usc. aId tit Ec h-d Dot" ir'h'on OF
Il Was claimed by IIpidge T. Gerry. iar coun-
Sc; tor The contestant, iiat t't.r c'rnh. iaLc',
established Mr.. BradrN- nhnc'c. ",r. her m.'d Hnd
Wilt ana TINT That iahurr' whi "ll 1T ihi"h2" n"
fundamentally ut D.. Nc'ilUn and iEr ly Nupt fiUr
was no; her VII but t,at Of M bradl"y ana Dr Mc
GIynn aciinE INN and tue Hoiuan ta'ho' tLurcn.
MISS VArx Nor OF UNsouHD MIND.
After II review 81 tlt testimony Sue Surrogate
ciudt that tie eVidrncc does NOT SLOW thar 50 Marx
was ~ uusOund In.nt when Fnc made ihe vii. Most Il
the evidence as ths manner ~ wAira IL VII was
executed vas given by Nj Kan. TIE lawyer ~Hu drew
e. WHO was brother II the Lrd, Superior. TIE Sl.rc-
KAT, says there is nothing IN IN, ic,tHh y Amounting
10 rational suspicion tGat any "ut benefited hy Tie
terms OF the Will was present either ~ The dcatOn of
s provisions by the dcccdcn or is execution. pr
ca%d WY way d4 aGS "Tf me nor 'o[ TsS S
eiightcsi evidence that either Dr. McG y1n the Lndy
eaPeilJr or ar ~ az CAtf L ~, az ,'oA u"
tEc suite" OF me VIII WIN VII BIa"ll ~ tlt elmer
assumed the Transaction - bchgf % either Of
H. to driuccd from tie fact that r-aiA foi years
Il incinbrr q he EOuan Cat ;Olic Chuicl,
ton which takes nothing by the viii 81 employ
brother ms IN attorney competent 10 draw her vi be-
would seem to involve the exclusion ~ an attorney
from drawing viii 20 DO executed by tcktaOr Of TIE
saue religious faith a. hiuI.e Whichever cicI lyman
OF the sumo Church or AN charitable or ecclesiastical
organizatjon was 10 br benefited
The surrogate then considers che question whether
~ o 6 TI rba c"tcs IN The dare. aud t ~
the letters Of the tesarix treated evidence OF
evenfe Of t1e facts therein stated by her rf"attng
tho evidence in this way the surrogate says;
From a careful cUDBlderaiion OF all the testimony IN
this Gaze II quite apparent hat soon afrr Mr. Bradley
made the acquaiE tapce OF dec,dcu down the time
when she left England for home, hc c1eGoued, con.
scIousy or unconsciousy u very great influence over
the Gecedeut and may lie fairly presumed either
from strange in'auauon or from he dlrcot influence
OF Mr. Bradley she changed her Christian
faith aud practices and Separated herself from
her home, family aGd county. aud became
greatly attached to the RUmisl fHtn ami ritual. and
treated Sir. Bradley with all the evidences 81
nnd affection which deyobd mother could have tx
tended 10 favonc cbd, ard that lie occupied for A
considerable time the position Of her spiritual adviser
and pastor; In short. that the relations were
OF such intimate character that hud no
been present the execution OF tile will IT. dcta-
ton, participated In way IN The procuring il
be made and executed. the law would rails, the pre-
sumption OF undue influence exercised by him. mas
much he not her relative or presumably entitled
90 her bounty"
NOVEL QUESTION RAISED.
Under the circumstances, Mr. Bradley being thousinds
OF miles away when tan Will made tho Surrogate
SAYS the entirely novel question % the In
dulgence OF any presumption Of undue influence from
the terms OF the will. He continued; review Of oil
the testimony I'm this fails to show my mind that
nlt MIN.