The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-09-10
NANCY SMITHS 100000.
IN INTEREST No WTLL CONTEST IN
SUFFOLK COUNTY.
Fifteen Relatives Asking for Justicc-A An Al
legged Plot 20 Obtain u Great E-tste-The
viii John Lawrence smith Drew Tn.


Fineen Relatives Asking for Justicc-An Al
legged Plot 10 Obtain Great EAtate-The
VIII John Lawrence smith Drew up.
Fifteen disinherited relatives OF the late
Nancy Smith Of stony Brook were In Surrogate
liedges's Court in Rverhead. on Wednesday
They and their friends occupied the middle Of
the court room, while on the right, and appa-
rentlY without sympathizers, sat Mrs. Louisa
J. Norton, who besides having received about
100000 from Mrs. Smith in the life time OF the
latter, has been left by the will about $3jO,OO0
more. Mrs. Nancy Smith lived in the hand
soonest house In Stony Brook, and one OF the
finest houses in Suffolk county. Her husband,
Capt. Jonas Smith, Of the nrm OF Jonas Smith
Co., shipping merchants Of South street, died in
1867, leaving about half million dollars to bis
widow. Capt. Smith had requested his wife to
provide FOR the distribution OF the property after
her death. in fair and equal proportions among
her kindred. Having no children, the Captain
and Nancy had at various times Gaken nephcws
and nleces to live with them. Among these were
sophia Rutland and Louisa Smith, now Louisa
7. Norton. Louisa lived with her aunt and un-
Gle until she was sixteen, and was soon after
ward married to MIR. Petit. The Captains
business was being managed by his nephew,
Jonas Smith, who still maintains the firm flag
I'm south street. LOuisas husband died through
dissipation. and he other members OF the fam
Louisa went about May, 1870. to reside with her
aunt In Portland avenue. brooklyn. whence they
moved back to stony Brook IN June.
IL Is alleged by tho contestants that Mrs. Nor
ton then formed "A design to obtain possession OF
weak will and no business capacity. She was
afflicted with "A disease which made quiet and
repose impefatively necessary for her comfort.
Mrs. Norton is a woman Of strong Will and az
Rressive disposition. and she obtained an intiu-
ence over her aunt which resulted In alternating
that lady almost entirely from her other rela-
tives.
According to. the testimony Mrs. Lee,
one Of Mrs. Nancy smiths neces. visited
Nancy on one occasion to borrow 500 Nancy
said that she would not loan the money, but
would give 1t to her. During the conversation
Mrs Norton entered, and made some sign to the
aunt. Then Nancy shook her head, and said
well. Mrs Lee, YOU will have to get the money
and penness niece asked Nancy for $3.50. Mrs
smith was anxious to give the money. but Mrs
Norton insisted that the widow give note for
the amount. This was done. Afterward Nancy
expressed u wish to her nephew, Jonas, that
the note be cancelled. But the paper could not
be found until after her death, when u was
produced by Mrs Norton. Mrs Norton gained
her present name In ls13 when she was married
10 Frank Norton, son Of sidney ;. Norton, for
merlY OF the Insurance Agc. Mrs. smith built
$So,Vu mansion which was decided to Mrs; Nor
About this time John Lawrence smith OF
SmithtOwn was taken into the cOunsels Of the
Nort9ns. lie spent whole day with Mrs.
Smith and Mrs. Norton drawing up a Will, which
almost entirely cut on all the heirs but Mrs.
Norton. The will recited various gifts alleged
Justifyng her In not giving them any more. IL
made no mention, however, of about 100000
given To Mrs Norton, and about $4,000 given to
Ms. NOrton's sister, Mrs. Whitford, OF the
fact that Mrs. Norton's first husband Petit,
THIS will, prepared 10y Mrs. Norton and John
Lawrence smith was kept by Mrs. Norton in
tin box at her house until after the death Of
Nancy. It was then handed over to one Of the
executors, Capt. Jonas Smith. Jr., a nephew Of
Nancy smith. and who, though given nothing by
the Will, has not taken any active part In the
contest. Nevertheless he declares the will 20 be
utterly unjust. and to have been procured by
undue influence. The other executor Is Jonn
Lawrence Smith, who. although not openly ap-
pearing as counsel Is the manager OF Mrs Nor
tons Affairs, and guides the case for her. Capt.
Jonas smith. who has for years had charge Of
Mrs. Nancy smiths personal property anu real
estate. declared that he would not turn them
over until ordered 10y the Court and an agree
tnent has been made that veDthing shall re-
main in his hands until a final decision
ia arrived AZ, all parties having confidence
in his integrity.
The names Of the contestants Of the will
are ex-Judge John II. Williamson. ex-sherif
WIN. :. Williamson. brothers, and Mary A.
smith, sister II Nancy John NJ Williamson,
ceased brother, seth williamson; Edmund W.
Rutland. sophia X. Jayne, N. G. Woodham. ;.
\. Hawkins. aud Nancy W. Lee, children of
Chlrtl Rutland, deceased sister. Wm. T..
smith, Carlton A. smith Mary } sherman and
deceased sister. Besides, there are numerous
grand-nephews ana nieces.
The case has excited great interest In SUFFOLK
county, and popular feeling seems to be with
the unlucNy heirs.
Among other facts going To show undue inhu-
ence Mr.. Henry l.. Clinton, counsel for the con-
testants, mentioned that "A few days before the
death OF Nancy she asked one Of her nephews to
get her brother. Judge williamson to draw a
bill Of sale to Richard ;. Williamson. another
nephew for the stock ana indictments on
farm which he had occupied and that the bill
Of sale be brought to her when she was alone.
This was done, and she executed 1t when Mrs.
Norton was not present.
Inc heir, also say tnat Mrs. Norton boosted
that the VIII was 50 drawn W tnat none of them
would have the means 10 i.ht II with
Judge Emutt Is counsel Tor Mrs. Norton, assist
ed by John Lawrence smith.