1 Mills Surr. 176 | N.Y. Sur. Ct. | 1899
This matter was pending before Mr. Surrogate Arnold and has since been submitted to me. The facts in the case are unusual and the testimony somewhat contradictory, but the history of decedent’s testamentary acts seems to be as follows: For some six years prior to April, 1895, the decedent and the contestant, his second wife, had been living together. He was a man upwards of seventy years of age and much addicted to drink, and the contestant’s witnesses swear that it was on this account that she left decedent, while, on the other hand, it is in evidence that decedent brought a .suit for divorce against contestant after the separation, although there is much conflict as to the avowed purpose of this act, .some witnesses swearing that he told them this was a ruse to make her return to him, while his lawyers testify that he was in haste to have the action proceed, and they believe he "was thoroughly in earnest. It is undisputed, however, that
Decreed accordingly.