New-York tribune., 1884-02-21
mOrtcm examination disclosed fact that death was
caused by dose OF "Rongh Ea,s."
MISS RUGCS VIII ADMITTED.
DECISION OF SURROGATE ROLLINS.
TIE DECEDENT OF SOUND MIND AND NOT UNDULY
.....t.nn

TIE DECEDENT OF SOUND MIND AND NOT UNDCLY
INFLUENCED.
Surrogate Rollins admitted to probate yes
terday the viii Of Miss Sarah Burr with the second cod
ell, which the OF the contest against the i'll
strument Margaret Burr the eldest sister Of sarah died
on August l. sG2, leaving life intcresln large prop
cdy her sisters Mary and Sarah giving besides about
SG7, 900 TO twelve persons specified and S23000O 10
number OF institutions. Mary Burr. who died in SCI,
made n similar will in favor o. SaTah In April 1866
Sarah made her will distributing ~ 900 among her rela
tivcs and friends giving S2sj,00O o twenty religious
charitable and objectionable societies. BY codcil
in 1869, 100000 left in trust for Coed Samaritan
Dispensary for the poor I'm this city, and 100000 was
given to institutions. A second codicil OF 1881 provided
for the distribution of about 100000 among hftysix
societies. Sarah Burr died in March, 1892 Her re!a
tves contested the second codc the ground Of legal
nformates, mental ncapacIty and undue influence e1
ered on her.
The SURROGATE holds that Miss Burrs advanced age
eichty-seven-is unfavorabc fact The testimony
of James McCabe the servant who lived with her and
who testified TO her pecuares the Surrogate says does
put the witness I'm favorable light: he was by no
means free from bias. The claim that Miss Burr was
avacious serly in the ordinary is not support
ed by the evidence her Indifference TO dress is easily ex
planabe other grounds than parsmoniOusness
There IS abundant evidence that when
she made the second codcil her
memory was seriously impaired but her lapses memory
seldom related to business The testimony shows that
nothing eroesque or otherwise singular In Miss l3urrs
appearance conduct suggested mental impairment.
Regarding her competency, the Surrogate declares that
ne has received no assistance from the dstinguShed
alienists" examined in behalf Of tho contestants They
Miss Burr, and only pronounced her demcnted
the assumption Of the truth Of certain hypothesis not
proved TO he well founded careful consideration OF all
the testimony has not left the Surrogate in doubt as TO
Sarah BurTs testamcnary capacity OF the time she exc
cutcd the second codic Mr. Rollins exonerates Mrs:
Titus and John ii. Riker from having exercised
any undue influence over the decedent;' declares
the second codcil in harmony with the
spirit of the first cOdc and the will states that Miss
Burr bound by living being OF close cOnsanguiDy
her relatives being grandchildren ofher
grandparents, and she having special intimacy with
them. conclude therefore, says the Surrogate that
there Is nothing unnatural Unjust In the terms OF the
instrument in disque that it expresses the free unre
strained deliberate purposes OF the decedent that she
OF sound mind and memory when she signed and
published IT, and that II IS entitled TO be admitted to pro
bate constituting, with the will and the first cOdic
the last Will and testament of Sarah Burr"