SURROGATE'S COURT, COUNTY OF WESTCHESTER. IN THE MATTER OF PROVING THE Decease.l. 15 To the Hon. JOHN W. MILLS, Surrogate of Westchester Please to take notice that I, AMOS W. GATES, the father of said deceased, and MARTHA GATES, the mother of said deceased, having the right to contest the said alleged will, hereby request that all the witnesses to such will shall be examined on the proof of the same. OF THE TOWN OF YONKERS, IN THE COUNTY OF WESTCHESTER, AND STATE OF NEW YORK. I, CARLTON GATES, the testator above named, being of 17 sound and disposing mind and memory, but of feeble frame, and mindful of the uncertainty of life, do make, publish and declare the following as and for my last will and testament, that is to say: First. I desire and direct my executors hereinafter named, or such one of them as shall duly qualify, to pay and satisfy out my estate, all my just debts and liabilities and funeral and testamentary expenses, as soon as may be after my decease. 18 Second. I desire and direct that immediately upon my decease a careful medical inspection or examination of my remains and a chemical analysis of the contents of my stomach be made with a view to ascertain whether I shall have been poisoned; and in the event of a discovery of any evidences or indications of such poisoning, I instruct and direct my said executors or such one of them as shall duly qualify, to forthwith take any and all such steps as shall or may be requisite for the institution and prosecution of criminal proceedings against the person or per19 sons whom I shall have designated as the object or objects of my suspicion in the premises. And I hereby authorize and direct my said executors or executor to pay and satisfy out my estate, the expenses incurred by, for or in consequence of such examination and analysis; and in case such examination or analysis shall disclose probable grounds for my suspicions, then I authorize and direct my said executors or executor to reserve out of my estate such sum (not exceeding twenty-five thousand dollars) as in the opinion of their or his legal adviser may be 20 needed to amply pay and fully satisfy any and all costs, counsel fees and expenses attendant upon such aforesaid criminal prosecution; said sum to be held by said executors or executor in trust for, and to be, so far as necessary, by them or him expended in the payment and satisfaction of said costs, counsel fees and expenses, and when the same or any of the same or any part thereof shall or may from time to time accrue, any and all surplus or excess of said sum, so reserved, that shall remain in the hands of my said executors or executor, after full payment and 21 satisfaction of said costs, counsel fees and expenses, to form part of my residuary estate and to be paid over to my residuary legatee hereinafter named. In case there shall be at any time any disagreement or difference of opinion between my said executors as to the commencement, management or determination of the legal investigation or prosecution aforesaid, I desire and direct that Dr. James R. Wood, one of my said executors, shall have the controlling voice in the matter. Third. I give and bequeath to my friend, Dr. JAMES R. WOOD, of New York City, all my paintings, bronzes, 22 antique and ornamental glass, antique silver, weapons and arms, both Oriental and Medieval, photographs, engravings and views of the East and of Europe, earthen and porcelain ware, my Circassian bracelet, composed of a variety of colored stones (which latter will be found probably in the possession of Rev. J. V. HULBERT, D. D., of White Plains), all pieces of carved wood, and, in short, each and everything composing or forming part of my "collection;" also my entire library and its black walnut cases and furniture, as it shall stand at the time of my 23 decense. Fourth. I give and bequeath to my particular friend Mrs. ADELINE E. DARLING, wife of CHARLES CHAUNCEY DARLING, the sum of ten thousand dollars. Fifth-I give and bequeath to Mrs. ANNETTE MIGY (widow), of the Village of Yonkers, the sum of five hundred dollars. Sixth-I give and bequeath to my housekeeper, JENNIE 24 MORRIS SALT, as also to each of my two servants, ANN FITZPATRICK and MAGGIE FITZPATRICK, the sum of fifty dollars. Seventh-As proof that I considered my mother sound in mind and capable of making a will, at the time she made and executed her particular will, bearing date May 10th, 1865, I cite the circumstance that when I sailed for Europe, on June 2, 1866, I gave her power of attorney to transact all my business for me, which power of attorney 25 is recorded in the office of the Register of the City and County of New York. The property, real, personal, and mixed, mentioned in my mother's said Will, can be none other than the family residence at Yonkers, since she possessed no other real estate, as she had already assigned to me all her undivided interest in her city real estate, and had given me a power of attorney to call in ali of her personal property, and invest the same in my own name 26 and for my use and benefit. This she did unsolicited by me; and the proposition that I should take possession of the estate as my own, was frequently urged upon her at the moment of her sister's death, and while I was still in Europe, as letters in our correspondence will show, and as Mr. and Mrs. Darling cau fully testify. Therefore, having full power to testate on the family residence at Yonkers, I do hereby give and devise the same, with all and singular the premises connected therewith, to the corporation of the village of Yonkers; and in 27 case the same shall be used for any literary, collegiate or scientific Institution, or an institution of a kindred nature, I desire that such institution shall bear my name in full. 28 Eighth-All the rest, residue and remainder of my eutire estate, both real and personal, of whatever nature or description, and wheresoever situate, I give, devise and bequeath to my particular friend, Rev. J. V. HULBERT, D.D., of White Plains. Ninth-My mother, having already an ample income of her own, to support her more than comfortably, and being, more over, in such feeble, physical and mental condition, as to render her incapable of taking proper care of her property, I have not thought it necessary or desirable to leave to her any portion of my estate; and there being a total estrangement, amounting to a complete non-intercourse between the Nisbet family and myself, I have not felt it to be incumbent upon me to leave 29 to either of them any devise or bequest whatsoever. Lastly-I hereby nominate, constitute and appoint my said friends, JAMES R. WOOD, M. D., of Irving Place, New York City, and Rev. J. V. HULBERT, D. D., of White Plains, Westchester County, New York, the executors of this my Will, hereby revoking all other or former Wills by me made. IN WITNESS WHEREOF, I have hereunto set my hand Fifth-I give and bequeath to Mrs. ANNETTE MIGGY 29 (widow), of the Village of Yonkers, the sum of five hundred dollars. Sixth-I give and bequeath to my housekeeper, JENNIE MORRIS SALT, as also to each of my two servants, ANN FITZPATRICK and MAGGIE FITZPATRICK, the sum of fifty dollars. Seventh-As proof that I considered my mother, sound in mind, and capable of making a will, at the time she made and executed her particular will, bearing date May 10th, 1865, I cite the circumstance that when I sailed for Europe, on June 2d, 1866, I gave her power of attorney to transact all my business for me, which power of attorney is recorded in the office of the Register of the City and County of New York. The property, real, personal, and mixed, mentioned in my mothers said Will, can be none other than the family residence at Yonkers, since she possessed no other real estate, as she had already assigned to me all her undivided interest in her city real estate, and had given me a power of attorney to call in all of her personal property, and invest the same in my own name, and for my use and benefit. This she did unsolicited by me; and the proposition that I should take possession of the estate as my own, was frequently urged upon her at the moment of her sister's death, and while I was still in Europe, as letters in our correspondence will show, and as Mr. and Mrs Darling can fully testify. Therefore, having full power to testate on the family residence at Yonkers, I do hereby give and devise the same, with all and singular the premises connected therewith, to the corporation of the village of Yonkers; and in case the same shall be used for any literary, collegiate or scientific Institution, or an institution of a kindred nature, I desire that such institution shall bear my name in full Eighth. All the rest, residue and remainder of my entire estate, both seal and personal, of whatever nature or description, and wheresoever situate, I give, devise, 30 31 32 |