The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-27
Tho searles VIII Case.

The will OF Mrs. HopK1Ns-SEARLEs has
been sustained by the Massachusetts, Pro-
bate Court. no evidence having been pro-
duced by tho contestants which Afforded
any reasonable ground for expecting dif-
fercnt result. But, Of course. this Is only
tho first step in long legal proceedings to
overthrow tho will which arc to follow.
Here was q lady. the possessor OF vast
fortune inherited from her husband. who
married for second time. choosing for her
matea man much younger than herself
However 1t may have been with Mr..
SEARLEs. there is no doubt that Mrs.
HOPKINS was Influenced In making
the marriage by affection alone: and
it Is not extraordinary that she
preferred for her husband a man in the
very prime OF life rather than a man who
was in it's decline. as he would have been II
he had been her equal in age or her senior.
Nor is it improbable that, as Mr.. SEARLEs
testif1es. the first proposition Of marriage
came from her. If she wished to marry
again. and to wed man SO much her junior.
she would almost as matter OF course
have to make the advances.
1t Is reasonable. too. to assume that such
husband would have great influence over
uST. Livery WIG WIZ lONCo OuO ASopCClS ASA
husband is influenced powerfully by him.
and the whole theory Of marriage is that
she should render such submission to his
judgment and such affectionate considera-
ton for his interests. Yet in this SEARLEs
case and in other will cases which
are analogous. this influence is de-
scribed as undue. and the yielding to
it as evidence Of mental incapacity.
II Mrs. SEARLEs had had little for
tune of five thousand dollars and had
left it all to her husband. tho will would
have been taken as matter OF course. She
would only have done as good and loving
wife would be expected to do. Because
she had thirty millions to leave to her hus
band she was not less likely to leave it to
him. she being O childless woman. It was
reasonable to assume that she would make
such o will. II anybody was to have supe-
rior influence over her. it was her husband.
II he had not had it. they would have been
an ill-mated pair.
The journal Of Mrs. SEARLEs during her
trip abroad shows that she was supremely
happy in her new marriage. Her course as
to the management and disposition OF her
property proved that she was anxious in
every way to honor her husband and make
manifest her confidence in him and her I'M
bounded affection for him. She was wife
devoted to her husband. profoundly respect
full OF him. and grateful to him for the hap
piness their marriage had brought to
her. 1t was inevitable that it should
be so when she married him. pro-
vided he did not break her heart with neg
lect, but bore himself toward her with
proper consideration. So content were Mr..
and Mrs. SEARLIs in matrimony that they
cared little for other society than they found
in their own companionship. and that dis
position was subject OF remark wherever
they lived. An adopted son. who was Of no
kin to her. and whom she had already raised |
to comfort and luxury by her benefactions.
could have had no influence with her COM
parable with that rightfully and naturally
exercised by her husband. and he ought not |
to have had 1t.
The contest Of this will is only another Of
many cases where attempts are made to |
get money from great estates on grounds
which have no basis in reason or justice. |
but which are often SO far successful that |
they uro ended with a compromise In tho |
nature OF q forced contribution to buy off |
the contestants In order to avoid further |
annoyance and embarrassment.