The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-16

but respectsble relations Of Mr.. Stewart look at
BY clear dem on..rs.ion that they have been De.
prved by will Of property which the law of
WI. statc mas given TO them.
nothing. Has my friend forgotten he teachings Of
Mr.. Justice Story. and the emphasis with which
he Insisted upon that great principle, that the
deprivation VI a right implied I'm itself an injury,
ana he who has been deprived OF his rights h az
the right to have them restored? As my learned
your Honor is Altogether Void 1ft we're StrOte
ter on discretion, we should feel that we could
greater importance to the com munity than any
other magistrate: for here, above all other
places, u 10 requisite that absolute imparialitv
shall exist, and hat there shall not only exist no
disposition to do wrong. but always openly and
In manly way to right fully and imme diately
done. In other courts II IL a latter OF volltion
whether parties shall litiaate or not but here,
estate must come. And Il Is ali important that
the people should feel That here equal and exact
Justice shall be done.
MR.. BEAcH's ARGUMENT.
II Ia not wonderful that men should look
sir, MIR. stewart has moved before our eyes n It
obscure, not unDoticed, but from the very great
ness OF his capacity, and Of those enterprises
demanding and concentrating the interest OF
this community, and controlling himself and
those enterprises with all the varied interests
which give TO this community It's prominence,
dies and leaves vast estate, and around II
crowd unknown relatives for the nrst time in
half century, alleging their blood connection
10 tue deceased man, over whose grave they
propose To squabble-whon missives like these,
innumtrable In their character, come from ey-
ery section, from the North and from the East,
from the South and the West. aud from every
grade OF the community nay, when the power
OF the spiritualist is invoked and the secrets OF
the future are unveiled, II IL not surprising,
say, that men should inquire what mean these
attacks upon this estate. A man lives before us
40 p1 or terp taiu laid
ing an estate unequ He'd In its commercial rcla-
tons with vgnr Of intellect and power OF
VIII winch allowed OF no obstacle to success.
Thus gifted and thus active he remains with us
until tue very hour when death closes bis eyes
gathered up from every section Of the communi-
~, came cldmoring that A. r. Stewart was over
come by undue Influence three years before his
death, and deprived them OF their rights, and In
the face Of his will demand matter OF right,
when the probate of that will war all regular
upon It's face, whom the measure of your Honor's
Jurisdiction was nlled amply, and talk about
your Honor attending the probate Of that Will
at the residence OF the widow OF Mr.. stewart.
Under the circumstances disclosed by this
proof, with ali the emergencies surrounding the
agents left To carry on his great enterprises,
your Honor is substantially rebuked because
out Of consideration for an aged and weeping
widow you were courteous enough To n woman
to take the proof Of his " " at her house. Well,
that reveals the spirit aud tho motives which
undcrlie this proceeding.
II can show your Honor that this probate 10
no degree Affects the interest Of these petition
efs or any OF the class for whom tnev act, and II
you can perceive tho spirit which animates this
prosecution. that It n but a plundering raid
uuon rlch estate. the question becomes vastly
important Ia the administT itiOn of "A Count OF
PROBATE, and IN Its effect upon the interests OF
your fellow citizens. whether your Honor, In the
exercise OF n discretionary power, Will over
turn probate upon the simple allegation OF an
heir at law. or what, SUR ANY. error In the
factum of the will Any imperfectlon In the
probate Any claim thai the witnesses did not
show due execution of the Will No, str the
simple clam II that Alexander 4. Stewart was
unduly influenced.
You have heard the affidevlts, and without
them your Honor would take judicial notice of
the current history OF your time. You know
VINO he was; you know how vaet, NON compli-
cateu, and philanthropic were the operations OF
his commercial genius. You know he was a
man OF will. OF iron despotsm III the manage
me mt % his business Affairs, and YOU know, for
you saw hun, that he was an active, Intelligent,
ana determined citizen, occupying foremost
rank m the largest TRANSACTIONS of the century.
WHAT Is the allegation My learned friends
talk about rights. Ihey assume that we are
uampling upon heir acknow dged rights. 1hev
claim tn I. welding vast estate ana untold
wealth. we are trampllnr down tue rights OF tho
poor and the humble. SIR, we dsclainl all such
purpose. IL there n any right Of this petitioner
whlch u sacrhced-nay, your Honor. II there Is
probate, for myself ] would be quite willing
IN L that probate should he opened. But what
is the allegation How uerspicuOus, forcit lc.
aud equitable II IS! When my learned TRENDS
were taking 50 largely about the invalidity OF
the will. Il would have boon wise Tor them to
look at the allegation upon which they base
their motion hat the said paper writing
purportins 10 be such last Will and tes-
lament, and said several papers purportiue
to be codcils thereto, were ohtaiued,
and tue alleged execution thereof, ~
the SAID Alexander lurneV stewart wero pro
cured 10y crcumVention and undue innucnce
practisrd against ana nv the said AleNanuer
Iutney stewart. by Henry HI on, or some oiher
person unknown t. the petitioner" Really nd-
hitting upon the face Of their petition that they
Using this undue influence, claiming loud
mOutned right In TINS estate to tia extent o {
$lO0O'UO upon the ground n undue influence,
tNI lE
do the important act OF oVerturLlng TITS pro-
bate. thev cannot even tell VIII prtctsed the
undue influence Mhv. sir, do you need any
further evidence TO instruct YOU rs to the mo-
tive Of this appicationl Remember, sir, that
factum is admitted, and the evidence upon your
Honor's record shows that II was proved fully
aud completely
Mr.. BARTLRrr's DENIAL.
Mr.. Dartleu-My learned friend Is under an
entire nisspprehensi"n.. We deny in toto the
probate OF the will. Whenever IL Is attempted
10 prove that win we VIII show all Of our ret.
as TO its legality. We do not believe II was le-
gsiiy executed. When we contest the Will We
snail follow no our application. We have not
considered ourselves bound " do 1t IL this pro-
ceeding.
Mr. Belch-I don't think that the attitude Of
this question can be misunderstood. They pre-
sent "a petition To YOUR Honor, claiming that the
PROBATE of this will was irregular ana seeking to
contest It's validity; and they get from your
Honor, very properly. an order to show cause
why the probate should not ne opened. That Is
their proposition, and when they cali upon us
to show cause we show 1t satisfactorily to your
Honor. Is II to be said that neverthel the
contest ~ to be continued between the parties?
III there is in law or In equity reason why that
contest should be entered upon In this court IL
they do not show To your Honor good cause
for thus interfering with this record and with
this estate, Will your Honor, for no benefit or
advantage TO any living person order an exami-
nation in regard 10 the testamertary capacity OF
MIR. stewart take 1t not SIR And when In
their petition they allege no cause except one
when they do not iinpeach the factum Of the
will or the regularity Of It's execution, and when
the record before your Honor shows the factum
and regularity Of that proof ain not at liberty
TO say upon this argument that all the alleea-
ton against this will Is this uncertain specula-
tive alleg ttion ~ undue influence practised Ivy
some person unknown 10 the petitioner Now,
we know that that allegation cannot be tIom
knowledge. II he petitioners had any kpow-
edge or satisf ctory evidence OF the exercise
of undue influence In producing this
will they could tell by whom II was
practised and they could tell the influence
They could elvo to your Honor some rational
and responsible allegation and ground upon
which you could ground the exercise OF your
discretion. Well, sir, | need not say that an
allegation OF that character under those circum-
stances, at best founded only upon suspicion,
supported by no authentic or reliable evidence,
not even stated upon belof by the petitioners,
l need not say, at the spectacle of the will OF
Alexander 4. Stewart thus assailed with such
An allegation, in his known aud daily walk 10