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Court deprives itself of a species of evidence which
amounts to practical demonstration。
〃I can see no reason why the application should
not be granted。〃
The order in part reads：
〃It is ordered and directed that Charles H。
Beckett； the special guardian aforesaid； be and he
hereby is allowed permission to photograph the
aforesaid paper writings described in said order to
show cause； viz。； one of the two parts of a triplicate
Will of Thomas J。 Monroe； deceased； dated
February 10th； 1873； which were filed in the office
of the Surrogate of the City and County of New
York on or about the 9th day of May； 1889； and
also the contested Will herein dated March 27th
and June 1st； 1888； and to have the said paper
writing； bearing date March 22d and June 1st；
1888； subjected to such chemical test or tests as
shall disclose the nature of the composition of the
ink and； if possible； the process or processes to
which it has been subjected； if any。
〃And it is further ordered and directed that
such chemical test be applied to the ink or writing
fluid on said alleged Will to the following specified
portion； or any part of such portions； viz。〃
Specifications in minute detail follow； calling attention
to the words and spaces which are permitted to
be chemically tested； and then continues：
〃And it is further ordered and directed that the
said paper writings shall be photographed before
any chemical tests are applied thereto。
〃And it is further ordered and directed that
such photographing and chemical tests be performed
by David N。 Carvalho； Esq。； a proper and
suitable person； at the places above indicated
respectively； between the 10th and the 20th days of
June； 1889； inclusive； in the presence of the parties
in interest or their attorneys； upon at least two
days' notice to all parties herein or their attorneys。
〃And it is further ordered and directed that in
the event of destruction or breaking of the negatives
after such paper writings have been photographed；
the said special guardian； upon similar
notice； shall have leave to re…photograph the said
paper writings； at the same place and by the said
David N。 Carvalho； between the 10th and 20th
days of June； 1889； inclusive。
〃（Signed） RASTUS S。 RANSOM；
〃Surrogate。〃
On the 19th of June； 1889； pursuant to the order of
the court； the alleged will referred to was first photographed；
and later in that day such places as had
been designated in the order were chemically treated；
as part of a series of experiments。 The results obtained
briefly summarized were as； follows： The instrument
which purported to be a holographic will of
Thomas J。 Monroe the experiments showed conclusively
to be not the case； as neither pen nor ink in
the body writing portion or in the decedent's signature
had ever touched the paper； the date and names
of the witnesses thereon were written； however； with
pen and ink。 Furthermore； the experiments demonstrated
beyond question that exclusive of its date and
names of witnesses； that it was what is commonly
known as a transfer taken from a gelatine pad （hektograph）；
a method of duplicating popularly in vogue
at that time。 The deduced facts in the matter being
that Thomas J。 Monroe had written his will in an
aniline purple ink； to which he had appended his name；
leaving blank spaces to be filled in for the date； names
of witnesses； etc。； and had transferred the same to a
hektograph； from which he had taken a number of
duplicate facsimile copies； and at some other time had
filled in the blank spaces by ordinary methods and to
which； at his request； the names of the witnesses had
been written with a pen and ink。 In the trial which
followed the surrogate declined to sustain the allegation
of the proponents that the alleged signature was
the original writing of Thomas J。 Monroe； or indeed
of any person。 The will was not admitted to probate。
Experiments； both in open court or during its sessions
in the testing of ink and paper； microscopically
and chemically； are of frequent occurrence； and many
contests involving enormous interests have been more
or less decided as the result of them。
The contest of the alleged will of George P。 Gordon；
tried before the late Chancellor McGill of New
Jersey in 1891； illustrates in a remarkable degree just
how certain are the results of investigations of this
character。 The chancellor's decision； after listening
to testimony for many weeks； was in effect to declare
the will a forgery； largely because of the fact that the
premise on which it rested was a so…called draft； from
which it was sworn it had been copied。 The ink on
this draft it was proved could not have had an existence。
until many years after the date of the forged will。
The decedent； who died in 1878； was the inventor
of a famous printing press； and left a large fortune。
A will offered for probate soon after the death of
Gordon was not probated； owing to the discovery that
the witnesses had not signed it in each other's presence。
The principal beneficiaries； however； under
that will； the widow and daughter of Gordon； agreed
to a division of the estate which was satisfactory to
the other heirs at law； and the matter apparently was
settled。
But a retired lawyer named Henry C。 Adams began
in 1879； a year after Gordon's death； to endeavor to
obtain the assistance of some heirs at law in an enterprise
which was finally ended only when Chancellor
McGill's decision was rendered。
In 1868 Adams lived with his father and brothers
on a farm； near Rahway； N。 J。； adjoining the Gordon
place。 The two men became well acquainted through
their common interest in music。 Adams called upon
A。 Sidney Doane； a nephew of Gordon； and told him
that Gordon had made a will in 1868 which might be
found or if lost； established by means of a draft of it
which he （Adams） had retained。 Mr。 Doane refused
to act upon this proposition。 Then Adams presented
the matter to Guthbert O。 Gordon； a brother to
George P。 Gordon。 He declined to consider the proposed
search for a new will。 Adams then wrote to
Guthbert Gordon； Jr。； cautioning him to say nothing
to any one； but to come and see him。 Guthbert Gordon；
Jr。； declined to accept Adams's invitation for a
secret conference。 Adams did not write or communicate
with the widow or daughter of George P。 Gordon；
or with any of the officials or other persons who dealt
with the estate。 Finding that the heirs at law were
satisfied with the arrangement of the estate under
Gordon's daughter's management； he gave up his efforts
at that time。
In 1890 Mary Agnes Gordon； the daughter； died in
Paris； and remittances from her ceasing and her will
not being satisfactory to those who had been receiving
them from her； another contest was begun。 This
caused a renewal of Adam