The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-06-03
WILL DATED AFTER DEATH.
CURIOUS FLAWS IN MRS. NETINs'S
LAST TESTAMENT

Surrogate Coma Refuses 70 Accept Lawyer
Bren,sa's Expiessaon-The Conn Plate
IL 1sroueht lnto Court Evidepce.
Did LAWYER John +. Brennan Of Yonkers
alter the will OF Mrs. Jane Eevins to save his
professional reputation. 10 q question that 10
sgitating tho Yonkers mind just now. surro-
gate CONN thinks the lawyer did. and on
Thursday refused to admit tho will to probate.
This 10 the second time. In q service on the
bench OF over twenty years. that Surrogate
Cof1n has overturned will. and the present
case has caused quite sensation In Yonkers
and westchester county.
MIRA Nevins died On Aug. 4. 1901. and the
will bears the date Aug. 9. 1891. In this will
Mrs. Nevins dlsinherits seven OF her children
d, and leaves all her property to her minor con.
Peter Nevins. who is said TO be cripple and
unable to provide for bis own support Tho will
was drawn By Lawyer Brennan. and remained
In his possession until last March. whom he
delivered It to Judge Thayer upon an order
:, from Peter Nevins. Then tho defects OF the
will wore Disclosed and the disinherited chill
dren took the steps to prevent its admission to
probate. which proved successful on Thurs
. day.
Lawyer Brennan swore that on the day on
which the will was dated he had drawn It up
and that Mrs. Esvins had signed It by making
her mark In the presence OF Thomas Nicely
, o3u EbttlCk SlluCu, VINO ubu UOtn blRnou rs
: witnesses at the Same time. When Nicely and
, Clinch took tho stand, both swors that they
! had signed an instrument which they wore
. told was Mrs. Nevins's will about twelve
months before her DEATH but that they did not
. SEQ her sign II. Clinch said that he was not
sven IN the same room with Mrs. Nevins when
sEPsa Eat +. b.S 9ssan a ths
Aug. 9. 1871. the doctor certificate and the
N
been her disepbod spirit III which Bren,;
conducted the Gaze for the eontestants. had
Esyins's bifthand death engraved upon ii was
Sans Nsns sh Ssd ANA
nye days before she had made the alleged VIII.
Rick form ns' sbs IN tn .ps
were used in its preparation. In tho blank
f% pblsnR bfanf q 'n eoanty o.
ANU State or tblankL aged" iblapEl and
!hs bs1,s were s& Ne ds
Sops with shs ,hpp pale ink except
WIS TtIttsn with the = pal. Ink and Be-:
auea.h to FInton pholan all my property, OF
less to collect the rents and profits and pay
over the same to my .on; Peter Neyins..". then
which time hereby direct my said executor
ana R'STSS"s, sysI'
h'.fTisTo Ds assd whs as' tho H.
nesses signed with the same pale ink.
shs 81 ss ink in IL
rest 81 the blanks to the end. including tbs
blanks for date. While the ninth" and
H. ;Ss are II PALE AZ d:
~ commentine in his written decision about
says: ~
Ins attorney .ss,.nsa to the dissren. ink. .eev.
PAGER :G.. .no
sn et .ss iaas ss'is
as9
to ns pal. ink IN -ai,nx And
H. psis ri and mi
s.siss they e%as me sss.
a.sl ni . {. ms .e which was written with the
>, When Judge Thayer first called upon Lawyer
Brennan for tho will he refused 20 give It up
Peter Novins. the beneficiary. which judge
lbhs s st soon 1,tetwsrd produced It WAS IN
atsrea f The Will ns ..gs thinks
. The evidence and circumstances seom 10 indicate
ss' IL. Sn ne nh the and
failure 10 make nnal disposition Of the estate in The
dtspoftng part Of It, accordingly to the
pressed wish Of deeeden he added what there
Ten. then supplied the from iapssd
Lhen subscribed his name witness he having been
present throughout.
, LAWYER Brennan told q Sun reporter yester-
Gay that he had certainly written the whole
vii at tho same tims and said that he must
have had some ink from his office with him
nnd dipped his pen first IN one bottle aud then 4
How do you account for tho will being
dated after Mrs. Nevins's death ~ asked tho
:, oh. there is certainly some mistake about
more" {
In MS opinion Surrogate Coffin said that.
while IL was not an unusual thing to make
mistake In the date Of nm instrument by using
PAST date. was most remarkable that any I
one SHOULD take q step forward and date q pe- |
Dor 1881 In the year 1880.