New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-07
THE COURTS.
THE LEvERICH WILL CONTEST.

IIiE NEhlCh Wild CONl
The trial of framed issues to determine the
question Of the validity of the win OF the lato william
H. Leverioh was begun yesterday before Justice Dono-
hue and fury in the Supreme Court The preseDts
some remarkable features. Mr. Loverch the decedent'
died in this city In 1868 leaving estate OF nearly na
a million. II he had died without VIII the properV
would have gone to his brother Augustus A. eVerCn
who was the only surviving member OF the family Inc
will in question: however. was soon after ar Leyeich
death offered for probate by Mrs Ann Domhlck-,
seventy three years Of age, and board
ing house keeper with whom the decedent mad peea
living for several years. BY this viii the house anu
lot at No 90 in this city, with all its furniture
ETC.. given TO Mrs. Dominick. The remainder OF
the estate divided equally between MIS- DomiinoA
and Augustus A Leyerch. - .A.
The latter promptly contested the will both on th me
ground OF the mental mcapacity OF his brother az oe
time OF execution and also the ground OF Undue
ence by Mrs. Domnick The decedent, according 10 .le
statements OF MI Leverch and his Witnesses was ooIn
IN Georgia. and fin 1914 the two brothers ana tnelr
mother came TO this city, on the death OF the m0se
A. Leverich then living In Williamsburg anu
asked his bachelor brother to come and I'VE Win mn
he refused and he lost to the sgh
OF his relatives An advertisement finally appeared III
the newspapers addressed to William H. Leverlcn us
executors or administrators" This LED fngusIus a.
Leverch to institute thorough search for his brother
He was finally tracked to the house Of Mrs Domnlck az
No. 90 Perryst. Augustus A. was not able 10 see ns
brother. but he learned that he had been nVlhB WIN
MIRA Dominick for nine ten years. He had acquired
habits OF dissipation. his brother claims, ana was
rcely free from the Influence OF LIQUOR he was
osensiby boarder with Mrs. Dominck but the house
SIC occupied and much OF the furniture were MS ana e
paid no rent. He never took meals with the otner
boarders and seldom left the house. He was supplied
with unlimited quantities of liquor. II was obtained ny
the pint once or twice o say-gn, rum and apple jack
During the ten years or more that he yed WIN MIS-
DOminick his brother Augustus A. saw him only once
the day before he died. During all this time ne was
never absent except night when he was locked up
for drunkenness in IA station house. -
The viii was drawn and executed two days before MI
Leverchs death. He became very sick the night before
and Mr. Mckee. lawyer. was sent for, Mrs. DOM
mick and her George present. According 20
the statements of Mr. Mckee the tesator was vomiting
and In pain when he received the instructions rom
him as TO the will. The next day the brother was sene
for and few hours after hts arrival the testator dn
He was put under the influence OF morphine rev
hours after the win signed and so remained uhI
he died
Surrogate Calvin when the will was offered upon inc
evidence before him refused 10 admit the VIII TO pro
bate holding both that Mr. Leverichs mind had oeen
impaired 10y drink and that he was unduly lnluenceu
by Mrs. DOmnck and members OF her family 10 make
the will in her favor The was afterw9rd taken 10
the General Term ~ the Supreme Court without OK
pressing any opinion upon the main issues that Court
held that they questions which should De passed
upon by Jury and accordingly they were sent down 70
be tried before Justice DOnohue at this term. The Only
witness called yesterday J. Mckee, who drew the
will. He viii be cross-examined to-day; MI. Mckee
appears the attorney for Mrs Domlnick. . M * u.
J.. Meeker the attorneys for MIR Leverlch Henry
L. Clinton and Cornelius A. Runkle appear as counsel
for Mr.. Leyeltch.