Daily globe., 1883-05-28
THE MINTZER WILL.

The Contest for the Property of the Late
DR.. w. L-Mintzer Ended-The Validity of
the First VIII Filed Observation-Disclosures
i've Opinion by Probate Judge McGrorty.
Judge William B. McGrorty, of the pro-
bate court, yesterday filed an opinion in
the MintZer will case that effectually dis
poses of the matter. 1t will be remem-
bered that shortly after the death of Dr.
W. L. Mintzer will was filed made dur
ing his last illness, which bequeathed to
his widow simply what the laws of the
state allowed. The widow contested this
will on the ground that it was made under
undue influences, and that he was not of
sound mind at the time.
She also filed will execut-
ed some time previously which she claimed
to be the last will and testament of de-
ceased, which made an entirely different
disposition of the estate from the one first
filed. Judge McGrorty in his decision de-
cides in favor of the first will. His opin-
ion in full is given herewith:
In the matter of the estate of VIM. L.
MintZer, deceased.
This matter came on to be heard at
special term April Is, 1883. Upon the
petition of John Jones that that certain in
strument in writing bearing date March 3,
1888, purporting to be the last will and
testament of deceased be proved, and al
lowed and admitted to probate in and by
this court, the petitioner being named in
said will as an executor thereof, Ansel
Oppenheim, the other executor therein
named having renounced said trust and
refused to act as such executor.
Upon that day Anna R. Mintzer the
widow of deceased, appeared and filed in
this court a notice of contest of said
peUition, alleging the following grounds,
viz:
'First: That the said pretended will is
not the last will and testament of said de-
ceased, or his will at all.
Second. That said deceased was not at
the time of the execution or pretended ex-
ecution of said will of sound and d1sposing
mind or memory.
Third. That said pretended will was
procured to be made by said deceased
through undue influence of Mrs. Susan
Algate, Charles Flynn and other persons
not known to contestant.
Fourth. That said deceased at and prior
to the execution of said will labored under
garding and concerning this contestant,
and was influenced by and made said pre-
tended will beause of the same.''
About the Goth day of February, 1888,
the deceased, who had complained of i'll
health for some weeks, took to his room
and few days afterward he was examined
by Doctors Ritchie and Wharton, who
found him suffering with organic heart
disease, complicated with acute pneu-
monia. On March 1 he was removed from
his home to st. Luke's hospital. His re-
moval was at his own request and was also
urged by the attending physicians on the
ground that he could receive better treat
meqt at the hospital. VIM. l.. Mintzer
died at the hospital on the 22d day of
March, 1888, aged sixty-fve years. He
left widow, the contestant and no chill
dren. The value of the estate is about
100000.
That the deceased was of sound and dis
posing mind and memory at and about
the time of the execution of the will, is
established by the testimony of Doctors
Ritchie and Wharton, who attended him in
his last sickness,an Messrs. Williams, OPP
penheim, Upham, Bailey, Davidson and
Jones, all of whom with the exception of
DR.. Ritchie, had known the deceased for
many years, and all testified that in their
opinion he was mentally competent to
transact ordinary business, knew the situa-
tion and extent OF his property, and was as
bright and clear mentally as he had
since they had known him. s
There is nothing in the testimony taken
at the hearing tending to prove that
this Will was procured to be executed
through the undue influence of Mrs. Al
gate, or Charles Flynn or any other per-
son.
It appears that short time before the
removal of deceased to The hospital an old
servant of the family, one Annie Snow,
called at the house and gained access to
his room alleging that the object of her
visit was to take care of deceased: Mrs.
Snow was forcibly elected from the room
by Mrs, Mintzer and Immediately left the
house and did not return. Mrs. Snow was not
produced atssthe hearing, both the petition
er and the contestant being unable to find
her. She is not named in the will, and it
was not shown that she had exerted any in
fiuence over the testator to induce him to
make her or any other person any gift by
will.
The reason given by Mrs. Mintzer for
| her treatment of Mrs. Snow is, that she
did not think her proper person to be in
her husbands room, as she would influence
him against her.
The contestant offered in evidence an
instrument in writing bearing date Nov
ember 1st, 1873, purporting to be the last
will of testator with codicil thereto bear
ing date September 10, 1876. By this will
he gave all of his estate to his wife during
her natural life or while she remained his
widow, and providing that upon her death
or second marriage the property should
be devoted to the erection of temperance
hall and to promote the cause of temper
| ance.
The will now under consideration gives
his wife one-third of the estate absolutely
and divides the remainder among the tes
tator's relatives in Pennsylvania after Civ