28 N.Y. St. Rep. 164 | N.Y. Sur. Ct. | 1889
Seley Lockwood died at South Westerlo on the 20th of October, 1888, aged 72 years. On the 10th of February, 1880, he executed the proposed will, with the formalities required by law, in the presence of two witnesses who had seen him only a few times, and knew very little of him, or of his antecedents. His estate consisted of personal property only, deposited in savings banks, and which had been so kept for many years. A considerable portion of it was in the National Savings Bank at Albany, and the other books of his bank-deposits were left thereat by him for safe-keeping. Mr. Stephens, the executor named in the proposed will, is the secretary of the bank. In this will, Mr. Lockwood bequeathed one half of his property to the State Lunatic Asylum at Utica, and the other half to the Orphan Asylum at Albany; and he inserted therein a provision to this effect: “ I give and bequeath to my executor, Albert P. Stephens, of Albany, a sum from my estate as high as one quarter, large, enough to be over and above any bribe that may be offered by my brothers, sisters
Decedent had resided most of his life in the neighborhood where he died. He once went South, but to what point does not appear. At another time, he went West, near Kansas City, and at another time, from January 10, until October 9, 1849, when about 33 years of age, he was an inmate of the insane asylum at Utica; having been taken there by his brother George and by one Henry Myers who is now dead. On the 9th of October, 1849, he left the asylum in company with his brother “ improved.” It does not appear that he ever entirely recovered, and I think it quite evident that he never did. He inherited about seven or eight thousand dollars from his father and a sister, and at the time of his death he had over twenty-three thousand dollars on deposit in the savings banks. He was a very close, penurious man. He made sharp bargains; wore poor clothing, which he made himself ; and it is said that he usually wore about three suits of clothes at one time. He boarded about among his relatives, paying twenty shillings a week for his keeping; for which he always took receipts, which he himself made out. It appears that his brothers and sisters joined with him in deeds of land which they inherited with him, he receiving the agreed con
The peculiarities of the decedent were numerous and striking. He took borax “ to weld up his inwards.” He refused to take food until others had taken of it, for fear it had been poisoned, and would kill him. He asserted that chloroform angels had saturated his bed clothing to kill him; that his relatives and Indians were endeavoring to shoot him. He always put a quantity of salt into his tea, to destroy the poison which he claimed had been put therein to kill him. He made ginger tea; and, if bubbles arose in the boiling of it, he threw it away, because he said the bubbles showed it was poisoned. That he had been accustomed to drink milk, and suddenly refused to use any more, stating that that offered to him had been poisoned, and that milk was an article which could be easily poisoned. He said that his relatives,
Though displaying the usual intelligence of people of his condition of life relative to business transactions, I am satisfied that at the time of going through the formalities of executing this will, and for many years previous, decedent was laboring under the insane delusion that his relatives and next of kin, who would inherit his property if he died intestate, were his enemies, and were combined to kill him in order to obtain his property.
I am persuaded that the alleged will must be rejected, in that it is unnatural and strange upon its face. The provision for preventing the bribing of the executor,—a gentlemen of the very highest character; the disinheriting of every relative, and the giving of his estate to charities (of one of which he is not shown to have any knowledge)—might not per se be sufficient to justify me in declaring the will invalid, but coupled with his delusions and his condition of mind, require such a determination. Though the subscribing witnesses give their opinion that he was of sound mind when he executed the will, the transaction of execution was very brief. They knew him but slightly, and their testimony must be weighed in connection with the light thrown upon his mental