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Story
December 23, 1897
The Sun
New York, New York County, New York
What is this article about?
Cousins of Mrs. Mary Johnson, whose estate exceeds $500,000, contest her will in court, alleging fraud and undue influence by Rev. Power and others. Beneficiaries include Catholic institutions. Witness Miss O'Connell testifies to Johnson's intent to disinherit relatives.
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DRANK WITH MRS. JOHNSON
Miss O'Connell, A Maiden Friend of the Deceased, Testifies In the Will Contest.
While the contest over the will of Mrs. Mary Johnson waged by her cousins was progressing in the Surrogate's Court yesterday a complaint was filed in the Supreme Court in an action to partition the estate as if she had left no will. The will left most of the estate, which exceeds half a million dollars, to Catholic institutions and to the Rev. James W. Power, pastor of All Saints' Roman Catholic Church. The new action is brought by Charles Shirley and Timothy Donovan, cousins of the deceased, and they name all the other thirty-three cousins and the executors and beneficiaries under the will as defendants. They say that the rents are being collected by Daniel J. Quinlan, one of the executors under the will, and they demand that a receiver be appointed to care for the estate pending the suit.
It is alleged that Mrs. Johnson was of unsound mind when she made her will, and that it was procured from her by the undue influence and fraud of Father Power, Peter Condon, and her servant, Mary Kelly, one or all, and by other persons unnamed. Mrs. Johnson died on March 10 last. Her will was executed April 25, 1896, and there was a codicil executed the day of her death.
In the Surrogate's Court Miss Abby O'Connell testified yesterday for the proponents of the will. She said she had known Mrs. Johnson forty-nine years, and had been her confidant. She testified that Mrs. Johnson had told her on several occasions that she would not leave her relatives a five-cent piece.
Q.—Did she ever express any opinion about her relatives? A.—Indeed, she did. The Friday before she died she said she'd beat Mrs. Healy, her own first cousin, if she ever came into the house.
On cross-examination the witness was asked by David McClure for the contestants:
Q.—Did I understand you to say that you are Mrs. O'Connell? A.—You did not. I am Miss—a regular old maid.
"Now you have a foeman worthy of your steel," said Frederic R. Coudert, for the proponents.
"Yes, he has," said the witness, drawing herself up in an aggressive way.
Q.—Is it true that Mrs. Johnson occasionally drank a little? A.—Mrs. Johnson never indulged in intoxicating liquors. She took a glass of beer, wine, or brandy occasionally.
Q.—Did you join her? A.—I can leave it alone.
Q.—Did you leave it alone? A.—No, sir; I took a glass of beer.
Q.—Did you ever hear her called Crazy Mary? A.—Never. She said her people said she was crazy. They wanted her money.
The witness said that Mrs. Johnson frequently complained that she did not get her rents or a monthly statement from Lawyer Condon. When she needed money she would ask him for it.
Q.—Did she say anything about the Catharine street property? A.—She said that she had given it to Lawyer Condon; that he wished her to give it to him in her will, and it would pay him for all his trouble. Next day she was crazy about it.
Q.—Did she say anything about Condon charging her commissions? A.—She said he charged her commissions for everything.
Q.—Did she exhibit feeling? A.—You bet she did. She used a couple of little words.
Q.—What were they? A.—Why the hell don't he give me my statements, and she called him a name.
A few days before her death she told the witness that she had given the Market street property to Father Power because he had been a good friend to her.
The case went over until to-day.
Miss O'Connell, A Maiden Friend of the Deceased, Testifies In the Will Contest.
While the contest over the will of Mrs. Mary Johnson waged by her cousins was progressing in the Surrogate's Court yesterday a complaint was filed in the Supreme Court in an action to partition the estate as if she had left no will. The will left most of the estate, which exceeds half a million dollars, to Catholic institutions and to the Rev. James W. Power, pastor of All Saints' Roman Catholic Church. The new action is brought by Charles Shirley and Timothy Donovan, cousins of the deceased, and they name all the other thirty-three cousins and the executors and beneficiaries under the will as defendants. They say that the rents are being collected by Daniel J. Quinlan, one of the executors under the will, and they demand that a receiver be appointed to care for the estate pending the suit.
It is alleged that Mrs. Johnson was of unsound mind when she made her will, and that it was procured from her by the undue influence and fraud of Father Power, Peter Condon, and her servant, Mary Kelly, one or all, and by other persons unnamed. Mrs. Johnson died on March 10 last. Her will was executed April 25, 1896, and there was a codicil executed the day of her death.
In the Surrogate's Court Miss Abby O'Connell testified yesterday for the proponents of the will. She said she had known Mrs. Johnson forty-nine years, and had been her confidant. She testified that Mrs. Johnson had told her on several occasions that she would not leave her relatives a five-cent piece.
Q.—Did she ever express any opinion about her relatives? A.—Indeed, she did. The Friday before she died she said she'd beat Mrs. Healy, her own first cousin, if she ever came into the house.
On cross-examination the witness was asked by David McClure for the contestants:
Q.—Did I understand you to say that you are Mrs. O'Connell? A.—You did not. I am Miss—a regular old maid.
"Now you have a foeman worthy of your steel," said Frederic R. Coudert, for the proponents.
"Yes, he has," said the witness, drawing herself up in an aggressive way.
Q.—Is it true that Mrs. Johnson occasionally drank a little? A.—Mrs. Johnson never indulged in intoxicating liquors. She took a glass of beer, wine, or brandy occasionally.
Q.—Did you join her? A.—I can leave it alone.
Q.—Did you leave it alone? A.—No, sir; I took a glass of beer.
Q.—Did you ever hear her called Crazy Mary? A.—Never. She said her people said she was crazy. They wanted her money.
The witness said that Mrs. Johnson frequently complained that she did not get her rents or a monthly statement from Lawyer Condon. When she needed money she would ask him for it.
Q.—Did she say anything about the Catharine street property? A.—She said that she had given it to Lawyer Condon; that he wished her to give it to him in her will, and it would pay him for all his trouble. Next day she was crazy about it.
Q.—Did she say anything about Condon charging her commissions? A.—She said he charged her commissions for everything.
Q.—Did she exhibit feeling? A.—You bet she did. She used a couple of little words.
Q.—What were they? A.—Why the hell don't he give me my statements, and she called him a name.
A few days before her death she told the witness that she had given the Market street property to Father Power because he had been a good friend to her.
The case went over until to-day.
What sub-type of article is it?
Family Drama
Deception Fraud
What themes does it cover?
Family
Deception
Justice
What keywords are associated?
Will Contest
Undue Influence
Inheritance Dispute
Testimony
Fraud Allegations
What entities or persons were involved?
Mrs. Mary Johnson
Miss Abby O'connell
Rev. James W. Power
Charles Shirley
Timothy Donovan
Peter Condon
Mary Kelly
Daniel J. Quinlan
Mrs. Healy
Where did it happen?
Surrogate's Court And Supreme Court, New York
Story Details
Key Persons
Mrs. Mary Johnson
Miss Abby O'connell
Rev. James W. Power
Charles Shirley
Timothy Donovan
Peter Condon
Mary Kelly
Daniel J. Quinlan
Mrs. Healy
Location
Surrogate's Court And Supreme Court, New York
Event Date
March 10, 1897 (Death); April 25, 1896 (Will); March 10, 1897 (Codicil)
Story Details
Cousins contest Mrs. Mary Johnson's will, alleging undue influence and fraud by Rev. Power, Peter Condon, and Mary Kelly. The will leaves estate to Catholic institutions and Power. Miss O'Connell testifies to Johnson's disdain for relatives and normal mental state.