The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-16
NEW YORK HERALD FRIDAY JUNE IT, l876-TRlPLE SHEET
gives aad dcviscs his entire rcsduary real and personal
estate 10 his wife, the SAID corneia ". stewart
HENRY HILTON.

gives and devscs his rcsduary real and personal
estate 10 his wife, the SAID corneiia N s,ewart
Mr.. Libbey OF the present. firm OF A. r. Stewart Co,
also made an affidavit which was read By Mr.. Ander-
son. II was substantially similar 10 those OF Mrs
stewart and ex.Judge Hilton regards Mr. stewards
statements that he had blood relatives ana that the
testator was mentally capable Of making WILL that no
undue influence had been practscd anu that from tho
nature OF tho business of A. T. Stewart 4 Co. Il was
necessary TO have the w admitted TO probate soon
as the forns OF law would admit.
ARGUMENT
MT. Henry J. Clinton then entered on his argument
behalf OF the widow and legatces against The
jurisdiction OF the Surrogate, claiming that the contest
ants would oso none OF their rights by sustaining the
probate OF the WILL pointing out also the utter imposs
the dcceared IN the drawing up OF hs VIII
and his disposition OF the property He
reason Tor exercising undue influence, as no was
not benefited in any why by the real estate
which was all devised to the widow aud thar Mr.. Hill
ton could not possibly any undue influence TO pro-
vent the testator from leaving property 70 relatives OF
whose existence no knew nothing With the papers
before the Court he believed that the petition should
be dsm ssed--nrst the ground that the Court has
no jurisdiction and second. that as matter OF discre
ton 1t was case that the Court should take NO cog
nizance or
Mr.. Eihu D. Root ON behalf OF the petitioners,
argued hat an hcr-a law and by the blood had been
deprived Of his right As such by an Adjudication on
paper purpo.ting to be A. 7. Stewards will and cod
icils; that such adjudication had been made IN pri
Stewards funeral aud without informal MOTTO, OF
such proceeding that the petitioner had then had
opportunity to be heard in proof OF his rights He as
serted that no effort had boon made OH the part OF
those concerned In the will TO 1nd II any heirsat-law
existed; that no citations were issued.
The Surrogate said that evidence and proof were be-
fore the Court that there heirs In existence,
and that therefore to citations TO mo persons IN
EXISTENCE would be work Of supererogalion-
Mr. Root commended that heirs were IN existence.
The Surrogate answered that such avcrment has
yot 10 be proved and that II not argue
on tho basis OF IN assertion which had not been proven
to be fact
Mr.. Root continued his argument by claiming that
revoke his decision, but IL his duty revoke It
when is shown that the CO parte evidence before him
was Incorrect
The Surrogate said the probate renamed In full iorce
until the nnal determination OF the case and It ncc
cssary the part OF the contestants to furnish their
proofs Of the allegations intended 70 set aside tho pro-
Mr. Root continued arguing that the application was
not on the matter Of discretion, but as demand Tor
rights OF which the petitioner had been deprived Tho
counsel then offered various authorities 10 support his
position and the decision OF the Surrogate had been
gwen on ex pGrte evidence tho petitioner came INTO
that the decision DO revoked and aside
The counsel then argued that the gentlemen on the
other SIDE had asserted that in view OF the cxgencles
Of the case the interests OF tho property being cudn
gercd, that tue will and codcis should
DC proved as soon AZ the law would allow, but that
was no reason why the papers should be admitted in
defiance Of law. rho petitioner, therefore, asked his
rights, not the discrs ton OF the Surrogate.
CHARGE BLACKxAiL
Mr. Beach followed In a lengthy argument In sup
port OF the probate and against Its revocation In the
course Of the address he made auson TO the aega-
ton that tho case was got up for the purpose OF black
mailing.
Mr. Bartlett At and said :-Thero Is moth
ing Of compromise in this. ! repudiate and dsclam
the charge here now and forever. The only compro
misc which will ever be made by me or with my con-
sent will be the decision that the Will was invalid.
Henry Hilton has not money enough 10 make com
promise, with my consent, Of this amount am re-
tanned for that and nothing else and there shall BIO
compromise and no conditions other than that
Mr.. Beach said II counsel would 20 with him ho
would prove to him that there had boon overtures
for compromise and reiterated that the got
farm entu ntxQau md IN law tackn nj
Aer argument Of counsel the Surrogate took the pa
pers reservins his decision.