New-York tribune., 1876-07-12
TILE DECISION.

THE DECISION.
This proceeding is instituted upon an order
tshow cause why the pretended probate Of thc nstru-
ment propounted as TIE ast will and testament of Alex
ander Turney Stewart, deceased as vii o; real and
personal estate, and the apparent decision thereon
should adj adged void revoked, vacated and set
aside.
This order was based upon the petition OF James
Bailey in his own hight and behalf Of the otEcr col
lateral relatives of said Stewart named in ho petition
The petition alleges that the petitioner and Others
named therein are collateral relatives of The fan blooc
and heirs at law and next Of SE NJ the late Alexander
Turney Stewart Gsed April 10, 1876; tt the paper
bearing date March 27 1873. pUpor;ing to be The last
will ana testament Of said stewart, appointing tehry
Hilton and William Libby executors, and CoII'ita NJ
Stewart execux thereof and the codiehs thereto one
dated March, 27 1873, and the other March 2s Of the
came year. were in the evening o! April Is, 1876 pre-
sented to the Surrogate for probate
That on the OF the InOah teGs testament
ary were issued and said viii and codcs wore recorded
in the surrosstt's Office rs dnly proved
That TO c alton notice appcar is3ued, or d.
rected 10 served nj On the petitioner or any OF the
heirs at law or aext kin, qrci by law nor issued
TO or served upon the Attorney GeneYal Of the state
that no opportuay Nss Afforded petitioner or any OF
said hers &C. qTrc all the witnesses TO sad Wh,
&C. TO 3nc 20 request other witnesses TO be
examined OF 10 present AZ coRtos the proof OF
sad VIII.
That the probate and record thereof we're not made
public at the SaTroGaie's courtroom or Office but
privately in unusua haste. tho day OF the funeral
OF SAID Stewart without notice TO petitioner or said
heirs.
That said papers moi the last viii and Testament
md cod,cs Of said stcwart-that thcy we're obtained,
and the execution thereof by said Stewart prOcnred
Ly ciraunyenticn aAd undue influence Vraci!ccd upon
him ~ II 4ry Hilton some other person unknown to
the petiti,
That petitioner aad others o:said ses contest the pro
bate OF said viii.
That CoInclia NJ Stewart snd Henry Hilton are the
only egatees og deysecs na,nod in TIE w and ihc oniy
legaeeJ OF deyees named in the first coded axe George
t. Batler and others named, aad that as only irsaces
and deyecs named in the socoud codc are Charles b.
Clincb and Others named therein
The petition prays that ste probate Ok said vii ana
co lci,s aud % decision thereon ua Oe declared yoi'
revoked N!caed and aside aud for such other re-
On thc retain day Gl the oIlor 70 show cause, the
ooUnssi tr I've eNecrtor, and cxecu{ry iud for
stewart and Hr Hilton, nlYldG@iy, e1Fe' ana hrst
moved that the pToccedin5s' 80 ha - utty teeN I"
win of er,snal estate be oiuisscd which tfc counsel
ior the petitioner consented, stating th"! ey made no
claim .ar the personal estate Va con 'Hc'i' ana
tho prCcee5ngs 70 tina: extent were dNHlSsJd
ANSWERS TO TIE PETITION.
Tic widow Colucfa NJ Steya,t lcd her answer to the
petition which sets forth substantially her marriage to
the testator 9th October 1923, a. she lived with
him his wife, III the Ciy OF New lOih' uh'h l' oe
cease ApI1l 10, LS7G.
That sbe has no knowledge information sufficient TO
form belief whether the petitioner. or tho pessons
named are collateral relatives cf her said husband md
therefore denies the same; that the "ii ana cndic'
bate by tye Surrogate OF said county VIII o. Ir and
personal estate and letters testaineary S'h 20 1 tle
persons named tberein as rKecd'OIS' VINO qiHc' HLu
aid VIII aud codcs were duiy recorded as nuy proved
mat the application for such probate ana TIE proofs
thereof were publicly and Opcaly made.
That the testator ut the time % 1s Gcaih wnS cNten
sjvcly eHCagod mercantile sbaifs, ana tEe iaiiyofe-
mcnf of ITsr anpEis uf real estate employing large
number persons, and 10 save the Duhces ~. ihtcf
ruptun and the estate from loss 10 wah essential t no
cessation u the management OF rs aiar. sAogd i3Ae
place. aud rs TIE sarog''c c"9lG lot u''c. Vs t I ~
funeral for hcr cOnycuoacc JEat she bad boon informed
BY the testator tnai 40 ad 10 leatye os 81 t sa
living and she had no tnup3u0n or shspc.on that
n.y. of yin, Tbat Ter allegation IL her petInuu fOr the
nrohae m that re,yect $40 believes to DO That
said pap the las VII aud Testament a:a c"dciis
OF her deceased husband ana SIZE denies On ini0r.
nation and beilof, that 1aey or c.tnce OF
nneDc, n practical by said I,ilton, or any other
person tiiat 81 had never 'e%rd hsr husband
in tho said petition "a hs relatives that h" ha never
Tbe executors aud c,ccutrix tied answer
setting forth substantially the same facts az arc con
Ernry Hilton also flied an AFFIDAVIT setting forth that
he knew sed intimately for over 20 years th ne
t@s,ntor who was iu Ito fu yigor oi bis intellect
and rnlmOfy; that no other persons wer9 pfes,n1 ps
cnee or attempt to influence the lestaor, and does not
know OF auy ChG person GcIng so: ,,,,.,i.,te, th.
eontens OF sa viii and codcils 10 MIS- Stewart or "
That for many years past he has been IN the employ OF
said testaor assisting cogducting his affairs wing
gnsraI KNOW ie,l ~ thereof and II his plans
That testators business has for many years required
the constant employ yneit OF many Ih0u"hS Vi ers"nS
here aud in Europe. -. -. ...,. III, .,.
That 1llting Opponents acquaintance with him. the
deceased Uas personally directed, managed, and CON
tToied mis- business and his employees 10 the i ST ef
tent aud dad 80 up within few days OF MS dcah
That be- had frequently heard INN gay hal he dd no,
lnow OF the existence OF any blood relatives az hau
bccn rally stated iE tue newspapers ia TINS country
Tbat he had been frequent guest at his table, and hns
never seen any person whom hs rccoynzcd "s oioou
That he had general charge Of bis Affairs under inc
Of the testor particularly IA 10 MS IniNu
property; he acquainted win ms various pals "e
that nilcr power Of attorney iron iie WIDOW. e
has continued tho carrying forward OF SEch Plans sta
fuc theIa with detail. -. aa
fbat expenditures for that purpose nave cScccocd
$500 600 and that Other projects nrhtohea WI, lncn
mn expense VI 5000 more, and may re.ch hai' "
lion. All. ,s,,,,t,on for tho
,en.nt OF working women, the cOfnpico ~ Nbch Wi
tnyolys M additional expenditure OF SS1VVVoi ,Iat
snco tastator's death there have been pald ana OK