The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-07-15
AGAINST WILLIAM DELDEN
V1OND DIIIIT IITIGATION
OIIR BRO THERS ESTATE.
VII aRd Assignment Drawn ~ the tate
CharIr, Dsaohae Dessrtb~sl % Pred.
Iri ef I'VE NdrsI' uinsis Wuh P,ar.
pose 10 IprerIse New Trtal Ordered

VIII and Assignment Drn~n ~ the tate
Charles Dssohae Desertbea - Pred.
Irt 20 I'VE Ndrsr Min,is WIN . Ptr'
po.s TO Iprrrise New Trtal Ordered
1Es ApI-liA's DIVISION. Justice C1Ark~
writing ~, OPINION. has rsvsr-ed ,hs lower
, cogr, AMI ordered new trial In ,hs cas-
q George g.. Bcldan. a son - Henry hal
den. sho disd In IS1,. Against William
H. .d"n. ilsnry's brother. Their" has b-sn
usarly eight years 81 G:igauon on th" part
u 80 h"ir- 81 Henry B-Idsn - recover
r0--.,as,1n u he dad .laa's ssSAts.
which n. ya!Iad by tho p!AinuG IN sas
ncirhhorhoOd ~ %. OoO OOO. but Which ths
dsf--dagt says ~ small. IN" f,knt IN the
court, hI. h-"n very bitter and thu An
< iAr' -: ia" decision - strong and pointed
Henry Boldon. who had made rnoGIy
with latricS III Flynn On wat'r contract
with Jersey City. diad insane. His WILL.
dated ;hras vSArI bIfoN'. divided nj,
estate among his two brothers. William
and Charles d., and hi- son. Henry Jr.
The will Wa upset in a suit by Hbnrv's
family IIesices tho will William Beldaa
produced AN assignment to himself exc
cut.d on ths same day "a IN. val 81 cor
tam claims against Flynn growing out Of
90 -, a,li. tho assignment Hs alleged
that uudIr influence had been exercised
nn hrs father when tho latter was IN feeble
health and that his intention had Osen
10 giv. William power to act for him.
The son Lost his case IN the lower court.
and u - tins decision that has been rs-
vsrss,d
There - no doubt that toward the end
~ MS hfa Henry Raldsn was broken IN
health and .rfr-hlad IN mind says JuS-
TO tiAgA' N M t'cisIna. Hi-
ed"r brother Ni,.iar. ,s''n, q have t''a
a strpr a AZ q vlgpiOu. man who uOfnilat'c
and controlled him We think ths
proc; a.-n sJ'i!cI"Etiy supports an Iuirr.
enc from tn tact, proven hat Nliiiai
d"I D'rai"!v ami drsIgn"dly by nIsr'p re-
~,utAtlui. and bv eNarCi-o 81 dominance"
over Ms SICK and weak brother obtained
the result Il his many years OF WORK from
MN
tn" will and contract were drawn and
Witnessed 10y the late charles Donohue,
pren~ Court. Justice Clarke says Of
them.
II these two instruments. the will and
the aS-, IN nent had been drawn by Henry
Rald"n they would have furnished con-
NlnCIng proof ~ his mental tInsnigndnr-s,
Blt they were not his work His hand
indeed signed them. But they were the
prpdIct Of two adroit minds with "A pur-
put". The purpos. was TO persuade Henry
that he waS dong ore thing. while w fact
II was another We have no douht that lac
believed that Ne was merely giving Will
tam the right 90 act Tor him ana N his
interests An absolute ASST On
rr'nt Tor an expressed consideration. wit
messed and under seal would he u for
mld,bl. instrument to seek IN avoid. but
when by gts own internal evidence u
prpEea that u u not what II seems. thai
Il was designed 20 fool and deceive. vs
iId that /, marches with IN" CtAs- tee
i'm ny 20 establish a fraud uTCn n" who
sho4ld have l.ren the object ur b~1iherlv
suhCItude and care. Even Assuming that
william had made some advances. " Was
an ,'usCio uahl" to take from las diving
brother the entire results 81 iis wears Of
anxious and heartbreakin: and Cn1llv
successful work For H.n-y died Az
gust -. 1872. stiil believing that William
was looking after his interests
Five months before Hony's death
william had made a settlem"n' hy which
he received from Flynn SiOo.Upo ~ Is
most significant saws the Court. that
~" o'uc-al'd thus fact from Hen v and
Aa'iy denied =" hcnry's family that II
had taken rlaCe
Charles /. CraiG and Augustus Van
WvCH appeared FOR tue plain't" ard
John lbs PassOs for the def ndAa;