New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-11-23
KENNEDY CONTEST AGAIN..
COUNSEL TO SUM UP BEFORE sURRO-
GATE VARNUM TO-DAY.

Surrogate varnum yesterday heard additional tes-
tnony in proceedings TO establish the will and codi-
ell said 10 have been executed by Rachel LehoN
kennedy who died at her home. No. Al Fifth-ave.'
several months ago
The case was practically closed many weeks ago.
h+ IN the application Of counsel for the proponents
NJ the alleged will Surrogate Narnum reopeheo uhe
hearing to hear further testimony OF James . van
Cleef OF Poughkeepsie who drew the missing VIII.
Nv tho terms OF the lost will she bequeathed TO
the PRESBYTERIAN Rest for Convalescents, at White
rio,ne go o00. 70 the Presbyterian Home for Aged
Women 500 90: to the New-York House and School
OF Industry $4,000. and to the Presbyterian HOS
pital and New-York Female Auxiliary Bible society
$4,000 each. Miss Kennedy also PROVIDED d trust
fund OF $50 900 for the benefit Of the First Presoy
terrain Church. OF which she member. The
conditions OF the trust provided that the church
should always remain on its present Site ana al
WAYS be conducted according TO the Westminster
Confession OF Faith In the codicil Miss KENNEDY
makes provision for the Rev. DR.. Howard Duff1eld'
pastor of the First Presbyterian Church the Rev.
DR. Francis L. Patton. Of Princeton University, and
a Miss Plat.
The residue Of the estate is divided after certain
other requests made. between the sister OF the
testatrix Mary LenoX Kennedy, and her nephew.
II Van Rensselaer, Kennedy. The lost will, accord
ing TO the proponents bore the date Of March 49,
1903 The codicil was dated November z 1891. Be
fore her death Miss Kennedy gave largely 10 charl-
ties and church work in this city.
The proponents Of the will represented by
John F. Parsons. while Elihu Root, Secretary OF
War heads the counsel on the other side. Mr. Root
came on from Washington 10 he present and con-
duct the examination OF Mr.. Van Cleaf at yester-
davis proceedings. In answer 10 questions put ny
Mr. Parsons Mr.. Van Cleaf said that there had
been a conversation between himself ana n van
Rensselaer, Kennedy regarding the continuance OF
Charles L. Duva in connection win inc ad'hlliIs
traton Of the estate. Mr. Van Cleaf said that MI,
Kennedy came 10 him and said that his aunt hao
protested against Mr. Duvars continuance.
Il told Mr. Kennedy" said the witness that
Mr. Duval was closely acquainted with the matters
regarding the estate, and that as long as he was
only employed in a clerical capacity there was "'
danger in retaining him.
Mr. Van Cleaf said that on the day Of the funeral
Of Miss Kennedy. and Immediately after the ser
vices he went 10 the home OF Miss Kennedy ne
there met Van Rensselaer, Kennedy
MIR Kennedy asked me" said the witness II l
mad his aunts will told MIN that had not; that
had carbon copies OF Il, but they were al my NONE
in Ponghkeansie Mr. kennedy made search for
he vii he Vent upstairs and looked in the cedar
chest but could not ma any dIdce Oh The dining
room These boxes Mr. Kennedy told Mr.. DuNal
10 take his office with him. 49,, 49,. o, hin,
nv Mr. Root said that ne had been III since June.
in fact, so III from nervous prosrauon un"' HIS
Has your memory been affected by that illness?'
asT n 5on at think IsIT so replied Mr. Van Ceaf
Well during your illness was not your memory
affected? Mas not your mind almost oiank
Il was very close to death" SAID the witness mess
feelfngly and under the circumstances my mem
DRY might have been affected. , . -, 49,
Of Mary l. Kennedy. and there met Van hensseiaet
Kennedy that day after the funeral lie said that
he brought copy OF the will with him. petuoh
for the probate OF the will ana waivers or CHA
ton -, ,,.au ia bin,
Mr. Van Cleaf said Mr.. kennedy toia MN nm
that he had made further search Tot the MISSING
uiIl at the bank and at the home OF the testatri1
but had found no trace OF II. In his cross examlia
ZION Mr. Root laid special stress upon the dlsap,,
nearance OF the two boxes but ehcited ho'hlhs OF
importance. - .. - ,ho .,a,d 70
rebut the testimony given by MI Ven Clehi ne
said that he was az the home OF MISS KENNEDY
at,er The funeral but that he had not seen the
poTes described by Mr.. Van Cleaf: neither had ne
seen Mr. Duval Mr. kenendy also went on tne
stand and denied the testimony given In respect 10
the boxes and the presence OF Mr. DuyaL Mr. Ken,
nedv also denied that he had told Mr.. Van clear
that he had made search for the VIII on the day
This ended the testimony. and the lawyers VIII
appeer before Surrogate Vernum to-day ana sum
no Mr. Root will make the argument Tor MS side
OF the