The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-01
FIRST ACTION OF THE TURNER'S.

FIRST ACTION OF THE TURNER'S
Below will be found a copy Of the petition OF the
Bailey and Turney families who contest the validity OF
Mr.. stcwart's Will The document was presented to
Surrogate Calvin yesterday afternoou-
SuRRoGArE's COURT County or NEW YoRK-In the
matter oil proving the instrum, mt propoundcd the
last will and testament Of Alexander Turncy Stewart
deceased.
To the Hon. DxLASo C. CALVIN, Surrogate OF tho
county OF New York;
The petition Of james Bailey, OF the city of Brook
lyn. county OF Kings and State OF New York, in his
own right and on behalf OF the other collateral rela-
t,ves hereinafter named, respectfully shows
Bailey, OF Hampstead /. l., and his sisters,
Mary Deans. Of the city, county and State
Brooklyn aforesaid and Eliza, now 1e or ase q cas.
row. Scotland or her issue, and Augustus NJ Turncy
George W. Turncy, Samuel Turncy, james Tur-
,cy, William H. lurncy, Catherine T. Tnrney, Lucrctia
u. Turney ali OF the city, county and State OF New
York aforesaid and Winthrop Turney, infant child Of
The lato Paschal W. Turncy, licensed and Margaret
RICHARDSON Sarah Harvey and Margaret McwilIiams,
III OF Brooklyn aforesaid and John II. Turney, of San
Francisco IN the State OF California. are collateral
Of the full blood, aud Saving any question
mutual precedence exclusion) heirs law and next
oil KIN OF the late Alexander Turney Stewart who died
1876
Second--That your petitioner is informed and be-
icvcs and therefore alleges, certain paper writing
bearing date the 9Th day OF March, A. D. 1873. pun
porting be the last will and testament of the said
alexander Turney Stewart, appointing Henry Hilton
and William LlUbey executors, and Cornea 81. Stew
rt cxecutrx thereof. and other paper writ
my. bearing date the 9th day OF March, 1873
ind purporing 10 be codici TO the said alleged will
Nd certain other paper writing, bearing date tho
18th day Of March, 1873, purporting TO be second
pdcil to the said alleged WILL were, at time in
no evening night time OF tho 18th day OF April,
SIG presented 10 the Surrogate OF the county
u Now YORK. and application made to him Tor the
admission thereof 10 probate and record will Of
10Th real ana personal estate That thereupon and on
he next day tncrcaitcr-io wit, tho 14h day Of April
1ssG-ietters tes'amcnary we're issued BY the said
Surrogate, and the SAID alleged will and codic;s were
recorded the olcc OF The sad Surrogate If the
had been duly proved as will of real and per-
Third-That citation or other notice to appear or
intend the probate Of the said alleged will issued
or directed ~ or served upon your petitioner, or
or TIE HEIRS
or next kin OF the said Alexander Turney Stewart
rs required by sections and OF chapter 400 OF
sued or erected to served upon the Attor-
ney General Of the State OF New YORK, any
representing The People o. inc ms, state o. New York.
heirs at law. That no opportunity was afforded 10
your petitioner OF the said heirs at law or next
KIN, TO require that all the witnesses 10 tho SAID nj
legged will shouid be produced and examined as they
entitled do by section III oil the said chapter
100 OF the laws OF 1887 request that any other
witnesses should be examined as they were entitled 10
10 by chapter 100 OF The laws OF ISL or TO bc present
A. or IN any manner 70 comics. me proof
Of the said alleged VIII. That the ap-
plication for probate aud record aiore-
SAID Of the said alleged WILL and such pretended oof
may have been offered thereof, were not made pub
licIy openly, the sDurt or office or usual
place OF business Of the Surrogate OF the county OF
New York, but were made at night privately, secretly
ma IN great and unusual haste the same day with
The funeral OF the Alexander lurncy Stewart, and
without any notice or inlination whatever 20 your
pct'tioncr Or he IL informed and believes, TO any
Of the said hcirs at law next OF kin.
FOurM THAT the said paper writings are not the last
Will and testament and codIcs OF the said Alexander
rurncy Stewart, deceased That the said paper writ
Ing purporng 10 be such last will and testament, and
sad several papers purpOring be codcIis thereto,
obtained, and the alleged execution thereof by
he said Alexander Turney stewart was procured by
.trcumvcn'lon and undue influence practsed against
aud upon said Alexander Turncy Stewart by Henry
luton, or some othcr person unknown 10 tho petit
liuncr.
Fyh-That your petitioner, and others OF the said
heirs at law and next OF kin contest and will
CONTEST TnE PROBATE THE SAID ALLEGED WILL.
.S,rfhIhat the only lcaatces dcvisces named IN
The saa alleged Will Cornca NJ Stewart and Henry
inon. and inc only cgatecs devisccs named in The
sad alleged FIRST codical are:-Georre Il. Butler John
~ Hopkins, A. X 7. Cooper, Edwin James
Ucnning, John 7. Green, George III H,p-
aims Henry II. Rice John do Brot. Robert Prothcroc
49, Dodge, Hugh Conner, William Armstrong, vii.
lam r SMITH William Lynch, Martha Turner, Rebccca
turner, Saran Turner James Cummings Edw I'd
thompson, MIctacI Riordan, Sarah Morrow, Rebecca
uorrow and Ellen b. Hilton +
the only legatees Or dsvsees named In the said a.