Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-06-27

Curisss Contests Turning On enc ones.
tfeu Of Ferged Aisaasurss.
New York Herald
"Forged will cases are Of extremely
rare occurrence, and it is not in my
power to recall . single instance in
which, here ct least, q will has ever
been set aside on the ground Of forgery"
This remark was made by Clerk Nc
1ntyre, of the Surrogste's Office, to .
Herald reporter, who was looking for
information among the records.
"There have been number OF cases
in this court, )" be added, "where forgery
has been alleged, but the allegation has
never been proven to my knowledge"
"Do you think Of any particular
reaso for the rarity Of the crime OF
forge ~ in connection with wills?" he
was asked.
"Well, the crime involves so many
complications that the chances Of sue
cess are not inviting. In fact, it is
crime which no man could perpetrate
alone. A man might forge the sigma
ture to a will, but there must be wit
nesses. You see the matter would re-
qujre the cooperation Of several persons
and would involve the double crime of
forgery and perjury"
Mr.. McIntyre's statement as to the
| rarity Of forged will cases in this coun-
ty was confirmed by Chief Clerk
Sparks, Of the Court of General Ses-
sions, who said be did not know Of a
case Of forgery Of q will ever having
gone before the grand jury of this
county.
JAMES u. TAYLOR's WILL.
Among cases where the theory of
forgery has been set up as a ground for
contestipg . will, that Of the late James
B. Taylor, Of this city, presents some
remarkable features.
James B. Taylor was a local politi-
clan of considerable note, who died on
August %, 1870, leaving q very large
estate. He lived, it appears in the
reports Of the contest over bis will,
forty years in happy wedlock with
Laura S. Taylor, his wife. One child,
a daughter, was born to thems who be-
came the wife Of a Mr.. Vassar. OF
this marriage daughter named Kate
was born. Orphaned at an early age,
Kate Vassar lived with her grandpa
rents, was treated by them as their
own daughter, and took the name Of
Kate Taylor.
On July IA, 1869, this young lady
was married at New Bedford, Mass,
clandestinely, it was alleged, to Henry
II. Rowland, of this city. Afterward
there was q reconciliation between her
and her grandparents, and in May, 1870,
Mrs. Taylor, Mr.. and Mrs. Rowland,
and Mr.. Howland's mother went to
Europe in company. While abroad
there was disagreement in the party
and Mrs. Taylor left it. After the re-
turn of all the tourists Mr.. Taylor, who
was i'll when they returned, died.
In 1867 Abraham Van Vechten, of
Albany, and Luther r. Marsh, of this
city, drew for Mr.. Taylor will, which
he executed. This will made his grand
daughter and her issue, in case OF her
marriage, legatees to all Of his property
after the death Of his wife. The day
after Mr.. Taylor's death search was
made among his papers for the will, but
it could not be found. Some days later
an urexecuted draft of this will was
found in a drawer which had belonged to
Mir. Taylor, and eventually there was
found in volume Of Benton's /" Thirty
Years in the United States Senate"
among some books in Mr.. Taylor's pri-
vate Office, a will bearing date of June
80, 1870, signed by Mr.. Taylor and
witnessed by Edward Withercll and
James Jackson. This instrument
vested absolutely in the widow the
bulk Of the testator's large estate,
giving to the granddaughter only s., 200
annually during her lifetime.
The will was offered for probate to
Surrogate Robert @. HutchiDgs. and was
contested by Mrs. Rowland. The prin-
cipal ground on which the contest was
based was an allegation Of forgery.
The trial was marked by the produc-
ton of voluminous testimony, inclu-
ding that of experts on writing and that
Of a number Of gentlemen well ac-
qusinted with Mr.. Taylor's hand
writing. Among those who testified
were the two subscribing witnesses to
the will, who swore that they had seen
Mr.. Tay Tor execute the instrument.
Surrogate Hutchings, in a lengthy
opinion, declared the burden Of evi.
depce to be in favor Of the will, and ad-
mitted it to probate. One of the most
interesting points in his opinion was the
declaration that to overturn the testi-
mony Of the witnesses Witherell and
jackson it would be necessary virtually |
to convict either or both Of them Of
having been actors in the commission
of forgery, and after that Of wlful
ard corrupt perjury.
From the Surrogate's Court the case
was taken TO the General Term Of the
First judicial district, and decision
WAS rendered there on January 10,
1872, affirming the decree Of the Surro-
gate. Then an appeal was taken, aud
was argued before the Court of Appeals |
on January %, 1873. 4 decision was
rendered on June 10, 1873, by Judge
Folger, reversing the judgment of the
Sup, enc Court and the decree Of the
Surrogate, and sending the cause back,
with directions to try The question BY |
jury.
There has been no further trial of
the issue, though many steps have been
taken, complications multiplying con-
tinually, and the large estate involved
melting away by degrees until now, it
is stated, there is little or nothing left
to fight over. In the records depart
ment Of the Surrogate's office is large
box Of dirty and ill-sssorted papers.
Through them run the tangled threads
Of this story.
THE ROWLAND wILL-CAsE.
A case remarkable for the charac-
ter of the evidence presented and ex-
trsordiDary in other respects was ths
contest over the will OF Sylvia Ana