New-York tribune., 1899-07-14
INTERESTING WILL DECISION.
TESTAMENT OF MRS. MARIA e CLEVELAND
ADMITTED TO PROBATE

ADMITTED TO PROBATE.
The will OF Mrs. Maria Elizabeth Cleveland who
died at Nice France on March . seventy-fve years
old. was yesterday admitted 10 probate by Sur
rogate Narnum. The will dated October 10.
1895 and was drawn by American lawyer In ac-
cordance with the avs OF this State
The testatrix left certain Jewels and aces 10 her
sister. her furniture and objects OF william
Lucen Scafe, OF Ptisburg. Penn: legacies agxre-
eating 5000 10 two faithful servants. and then IL
rected that the residue Of her estate should be-
converted into cash and, after her debts paid.
be invested and held in trust and the net income
paid to her beloved friend. Marvin u. Scalfe OF
Pittsburg,' who she stated had saved her from
drowning at the risk Of his own life. for his nat
ural life. the principal to go to his children q:
his death.
The will then provides that. should scaite leave
no issue. the principal should 60 on his death
partly TO his widow. II he left one. and the balance
10 the Board Of Relief for Disabled Ministers and
the Widows and Orphans OF Deceased Ministers
OF the Presbyterian Church located In Philadel-
phia. and that. in the OF the death OF scaife
before the ties atrix. without leaving a widow or
children the whole principal was go TO the Board
OF Relief
The will contested by the only sister OF Mrs
Cleveland. a niece and two nephews who con-
tended that the testatrix had been subjected to
undue influence by Marvin NJ. scalfe or others,
and also on the ground that the New-York court
a
Mrs Cleveland was a resident Of France and not
OF the United States. and the will not executed
IN accordance with the laws OF France. and, fur
thermore, that in any the will could only be
admitted a will of personal property
IL was also alleged by the contestants that the
French law. and that the amounts attempted 10
be disposed OF should be distributed among the
France. nee " 1''0'u1"'e VIII" the "''''1's laws OF
Surrogate varnum says the questions raised are
important and OF interest 10 the bar large.
He finds that Mrs. Cleveland, although for many
years she had lived abroad, had not Intentionally
state, and that therefore. the court here has
70 ne ,d 5estaTr ~ s ana ID 1er ne
until the death OF Mr.. Cleveland in 1878. living
Mrs. Cleveland returned here after her husbands
death and attended 10 the probate OF his will duly
oath that she resident Of New-York. She
returned TO Europe in the fa OF 1873 and remained
Her tons abroad seem chiefly 10 have been
with Americans; whenever she changed her VIII
last will executed she went OF her own voition
to the American Consulate General at Paris and
and with two American attachts OF his ONCE ana
b w d ssned s hr she IS as
the city of New-York. and while this recital. ot
her not 2 :hs d ed
intent Of legally changing her domicle :"
The estatrix had not selected as the chief benen-
bur the principal object OF her bounty is a young
man who IS not I'm any way related 10 her. but
there is nothing in the evidence 10 satisfy me that
the bequest was not made 10 him from the Influence
OF gratitude affection or esteem; rather than from
any influence exercised through coercion, tmpo-
sition or fraud. such constitutes undue influence
Nor is there. In my Judgment sufficient evidence
10 sustain the contention that the estatrix had her
faculties so impaired 70 be readily subject 10
anv controlling influence OF hypnotisn, force, I'M
postion or fraud that any such influence was
actually exerted In Connection with the execution or
the will by her -.
Her will may not oe such as some OF US would
NJ her nearest relatives but the princiDle Is well
serted that in the absence Of clear proof OF inca
privilege 10 do as he will with his own"