The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-27

ocrt stewart would have been his sole heh
CHAPTER VII
! The author is hunlbngged again Accuses Ltspe-
! nard Stecart OF fraud and robb1y-inlpeaehes
! Gen Sanford The Colonel is disinhGited.
! MY first impulse was of course, TO contest the le-
gallty OF that most unnatural will but respect for
the feelings ~ my wife and the prompt action OF
Mr.. Robert Stewart, induced me TO forbear Before
the remains OF your deceased father were committed
10 the tomb your uncle Robert made his will--hls
last will, as verify believe and am prepared to
prove-by which he btque 4ihed the income of his
estate TO the children OF his deceased brother dur
ing their natural lives, the principal to be divided
among their children at their DEATH This was "a
tsfactory TO all and all have waited pate ntly for
the arrival OF the present PERIOD when of right that
VIII should go 10 probate
During period OF more than five years, that will
now IN your possession, remained unaered. End
IN the month OF April last, after his confinement to
his room from which he never after moved, and
when IN the tull possession OF all his faculties, he
ssemnly declared that he had not changed that
VIII and had no intention OF so doing. Subsequent
iy, on the 4h OF May believe, you procured from
HIM the paper purportiog to be his last will, by
which his whole estate is bequeathed 10 you, and
your sisters again dlsnherlted, and in the esIima-
ton ei the world, robbed OF what is justly and
equ,taby theirs And what gives TO this Will lis
true character IN the eye OF the law and IN the est
nation o the public, is the startling fact, that you
and your lawyer, well knowing that Il would ne
YER bear The test OF legal scrutiny induced the mbe
Gle Ola SeHtltHldn tlSnt DAYS before MS DEAN, 10
give you conveyances for very large portion OF the
real estate say eight days before his death, be-
these deeds bear date the l7lh of the present
month-when they were executed will appear
hereafter.
CHAPTER VIII
The author states the case-defnss his position ane,c
and talks about genera Indignation
When The paper you Call his will was read to the
family on tuesday evening" you expressed great af-
lection tor your sisters, and solemny avowed your
unalterabe determination TO lock upon this bequest
as sacred trust, the proceeds of which after paying
oil the debts against the estate, you would divide
equally among them, | replied that if such were
your intentions, you could not possibly have anyrea
sonable objection 10 give them legal form, which
would induce us all to acquiesce in the will insulting
as II Is TO the other children OF Sarah Lispenard,
through whom this property came into the family
This you peremptoriy refused to do; and then and
there gave notice, that never with my sanction,
should that paper be admitted TO probate as the last
will and testament OF Robert Stewart.
The "will" of deceased person is nothing more
or less than the word imports-in other language his
Intentions. Now what the ''nentions" OF Robert
Stewart were during The five years and upwards that
he was OF sound mind and capable of de cariDg
Will, we all know and 10 attempt to pass of the will
made for hun on his death bed by you and your law
yer, has called forth such burst oil general indigna
ton in this community as never before has been ex-
hiblted III relation TO any similar act.
CHAPTER TX
The Colonel humbky contcsseth has sins and tollies
and sho,os ho,o he has 'negociated'' a,cay ga very
large property from the 'chidren of Sarah Lispe-
nard"-tirtam'ore he talks about justice.
My situation is peculiar one, and have duty
to discharge, from which, however unpleasant the
consequences, l dare not shrink But for me the
children OF Sarah Lspenard would now have been
In the peaceabe enjoyment of the very large property
which induced her IN opposition 10 her judgment
to convey to your father in 1923 The conditions
cOQVpVanpP baya npt
been complied with, as you well know. That they
were not, is no fault OF mne but now that have il
In my power to correct In part at least, my former
error, owe II to all concerned and the cause of
justice, TO do so.
CHAPTER X
Sho,cng the authors determination not to be hum
bugged again-he cohorts Lispenard Ste,cart to be
an honest mainland concludes By taking about
high sense Of duty.
Independent of this, my duty to my children i'm
peratiyey require OF 10 insist that your inten-
tons, il pure and honorable you say they are be
placed in legal shape. You know that your father
assured US all, every week of his life, that when he
died his estate should be equally divided among his
children, and was always careful 10 impress upon
the members and upon the friends of the family, that
you, though an only son, should not inherit dol
lar more OF the estate than each OF your sisters;
and only three days before his death he solemnly
assured Mr.. Herman lie Roy when he sanctioned
the marriage OF his son to Matilda, that he would
chlldren Well, we all confded in these declara-
tions-what was the result? Next, your Uncle Ro-
bert made Will and made similar declarations
Again we all contided In them-and again | ask
what has been the result--how have they been re-
deemed? Now you solemDly make the same de-
caratons, and pretend to think it wonderous strange
that we do not again fully and freely confde in their
being faithfully redeemed Why TO do so, would be
al act OF folly upon which commission OF lunacy
might justly be based.
All | ask, all desire is that you will place 10 a
legal shape the raterna and honest Intentions you
so constantly put forth; and when you refuse to do
so, doubt your sincerity and believe from my soul
that il once permit you TO take possession of the
estate, you will never redeem your pliehied faith
Why else should you hesitate Honest men do
not shrink from binding themselves by the forms OF
law TO do that which is morally night, and which
they ask people to believe 1t is their intention to
do aud why should you shrink from such test of
your sincerity have said that ! am solely
tuated by sense of duty and not by selfish con-
sideratous and this / viii at once demonstrate
You pledge youseli TO divide all The surplus among
the heirs Now biD1 yourself 10 do so, except in
nv case, and condition that Instead Of my wiie's re-
ceIvlbg her portion OF The surplus, she shall receive
the income ony-the principal TO go to our chill
dreR As 10 the conditions of The trust to be enacted,
there can be no difficulty. Only determine to act
Justly and honestly, and there exists the slight
est objection to your will being admitted to probate
But say you and your lawyer, the estate is insol
vent! This ls an absurdity. Tut fso, all difficulty
ceases at once Throw the pretended will into the
fire and will take out letters OF administration and
settle up the estate.
will only add IN conclusion, that am acting in
this matter from what / consider a high sense Of
duty, and cannot under any circumstances consent
TO admit your document to go 10 probate as the last
will ana testament OF Robert Stewart, without OPP
posing II in every legal tribunal in the State, unless
you first bind yourself 10 pursue a course which
you well know is just and equitable, and not to do
which, will inevitably destroy you in the estimation
OF every honest and honorable member OF the COM
munity IN which you live. have said to all with
whom have conversed Ia relation to this matter,
that you will act honorably and do your duty and
1t seldom falls to the lot OF any individual acquire
much reputation as you can In the present case,
by simply doing voluntarily what the law will wr-
tually do Tor you.
Respectfully, your obd't. sert.
J. WATSON WEBB.