New-York tribune., 1876-06-16
THE STEWART CLAIMANTS.
TRYING TO BREAK THE WILL.

THE NEUTRALITY-SUSPICIOUS. or COUNSEL A. To
BLAcKMAII-THE IDEA OF UNDUE INFLUENCE
RiDICCLgD.
The answer to the petition of James Bailey
and others for the yacating OF the probate of A. T.
Stewards Will filed with Surrogate Calvin yesterday
m accordance with the notice to show cause IN court
room was crowded the day by the
their friends and many other persons attracted oy
curiosity The Tuneys aud Baleys with their counsel
william ID. Booth. Eliiu Root and William u BaftietI
were attendance promptly at the hour appoted lot
the hearing. ESJudge Henry T. Dawes, Henry H.
Anderson, william A. Beach, and Henry l." Cihtoh'
counsel for Mrs Stewart aud Judge Hilton came into the
courtroom half dour later
TX Judge Davies, counsel for Mrs STEWART asRed
thai before answering the petition of tho contestants
an order be granted by the SURROGATE ny'hg the re'o
cation the probate far as the personal estate "aS
concerned on the ground that Mrs. Stewart became
psessed of ali personal estate lett Oy the husband ana
tat the contestants could have no standing in court
TDs motion agreed 10 by the counsel Tor tho con
icstaut, and the order was accordingly entered.
Mir Anderson tben asked have the application for
The vacation Of the WILL far the eal estate was con
cein d. also dismissed but on tbs point the surrogate
declined TO puss until he had heard the arguments oi
counsel. and given the matter due consideration
After considerable discussion III regard to leaving tne
litigation with referee, the answer to the cttoh :"
the contestants was read Mrs. stowars affidavit sets
forth that she was married Alexander Turney stew
Art in tlo City OF NewYOrk, IN OGODer 1873 ana con
unupd TO live with aim as his VIE unu MS deaIh '"''
during ali thai time she never heard Mr. stewart STATE
that he had any blood relations, hoiisatiaw or coate
r relatives and she consequently believed aud aVerci
OH information aud blie that Mr. Stewart at hS deat
left no such relatives or hers-aaw thai tue will and
odicils were the free aud inUenced acts Of Alr Stew
arr thai the business OF Ar. Stewart was OF such
nature cessation Of IL could be aiow'd' ahu
therefore, Surrogate could not attend in hi' cou'
tne day Mr. stewards iut oIal, he tho Sa"gael
lid attend al her the evening OF tie uner"
when the will and codcs produced, ana the exec
uto and legatees aing been duly uOsted The ueces
ary proofs were produc aud the will and codioiis all
united 10 probate: that the provisions oI tho VIII ahd
.odicils have been comp led VITA
Tue affidavit Of Henry Hilton stated that hc hal known
tc late A. T. stewart ior twenty years uai he hai had
close business transactions with him during that tme
had frequently been at ms house and Sat at ms
anio that he had frequ ntly heard Mr stewart STAT
that he had blood relations living, and hat thi' Lct
had been frequently published IN che newspapcs ID thi'
city and county and in Europe. ana no person had con
talicted the statement that Mr. stewart had asked nm
Air Hiltom drlw uP his viii and cOdlclS IN htc
dictated terms OF the same; that there was no othoi
erson present and that neither (ir HOnl nor an!
ytncr person mad influenced Mr. stewart III making hi'
VIII and the c0dills attached; that he knew Mr. stew
arts designs aud that any delay IN carrying ont thcs'
designs which might arise from this proceeding on Ihe
carrying out of Mr. Stewards Instructors ana wishes
poial, he completion Of the bo,e for working women
IA this city, the improvement OF th3 Grand Union hoei
Il Saratoga anu OF the Garden city property. Mf.
stewart had conducted the largest business III this
country or PROBABLY in the world, and 10 allegation oi
mental inolpaolty coaid be, or had been. mado.
Iuo AFFIDAVIT. Of william Libby was substantially the
sane 10 thaj OF Judge Hilton.
TnE ARGUMENTS.
Messr Clinton and Beach argued FOR the dismissal oI
Tho applicatiOn Of the petitioners and Mcssrs Root an
Eartt spoke at eEgth ile merits oi the case for r
,amauts Mr. Root nded tnat with the cia mamie
te Question was whether there mad been undue ~
alencc or whether Mr. stewart was mentally Incapable
Of uMking "a Will; hui 10 was tha. thcy came n. c"nl
- blood reiHtloni pi ths "a ir e"dTi, an ".Ir
viii had not bocn "ih! ei ieS1 " - citations aI
Dren issuod tO tdc reaufrs oI MI o'r""t 's ta "a"
required but the very evening" Mr. ~ wat hhi bee"
pu cd ana uolOre tie allowed 40 Ilsc ouCn OFT
- ni moi in a public cluii but la the iic iT.
attwaI's private hnG'e inside Of closed dooIs thr''
r,sponi,n ne procured tsc pgrbatr oi to w ho tiyi
- y i. et A.. la $40. "a A. citations en- mia nave bccu
issued 90 the rclu, C., 10 po3r 4 specified tne "hd
aacc The ailics,tu for tue PROBATE oi TIE "li
wonld ho hcarI. Iais nad not Ia Ca Ouns.
sutrosa. Ca.v,n said hr wished couI,. 10 understand
hat prooi produced before m int tgrc wor,
40 blood relations "r EcH' c2cept l.'-e ~" 'a m,'
ven ANA we're present a. ilc probate oi 'io VIII
add tneie 'as cons5qn MY u, .icn hr-lS Dco ~ ,.
mattel How could ue Issue ctdl"he ""'n 81 ""H H"s
% ann hero was person % wnb,n 10 i,suo t"cmi liz
could noi Issue oit4tlons to nobody.
said t nc dii no; wish II TO DC uhoeFotooo
,h minated there ad be u u lieoi on ne fif' 'l
probate Of uic All dd know that bill so""f1 had o"o4
Surrzt Calvin said tnaC he thought that the probate
plUUcCu4 WOtiid REMAIN IN iui lpitt
up IL Lnc OF tno HII 4tvicO du, nc HOud n" Stc
10 counsel now. liz tia, thec Was ih hIhDi
ant UoWCi IA te Ctui. ltNCLt tLC probate, nNt ho' an
M al.gr a mad tUuLscl Hicd iidt 49, old bot
Visn i 10 aud stlIh- tat hr tOholdcl'u ~
ots un ui ustruiIou CuuJ 10 tnnul the PROBATE
I uut demand a a. in IIatttl oi iI-AL
aIr I,sia made CJsing td.ithl Tor ihe Will III
y,hci ne cJhuIrn rd CVusacrauls o"NtiIb on tlr
cuiis OF the petitioners. lie said hat me allegations o.
me tie mon IHat u4uc nld,iJ,' dd been used rNc.iru
more thau sun rs,--lJ excited tue md-naOu oi tue
g. ad CAUSED man wan money 80 cast dOout
rua 20 Allow W.l.t IuoOD HOUia d. ma"t "I IT, MI
5,eya ..d EOI i'uDic BLc i"f moro iJ'h
% Nears conducting onOrnUu' uusiIcoo iI,cfrsSi in"
Ji tho greatest ti5O.-ind no" thcoc Ma ptn
sAtnocd iium tIo iuuT q,.iI,crs Ol 'hc Eiuho sc" L.
prove tnat bT stewart was tDc victim ID uh'hc ihhn-
eucr before ms deH. c.i 10 sIHpiy ~, p'S,eOd-
Ba.tic ,oUk cXtc9,uB ana rvp.'cd t ct-c Ji.' 'h's
,s IA bia kning business sai f 80 ciIcnie du
not want tnuy cali led 40 ~ ia" anu
t4 isy would nOt cO promise ie casei lnty pIolo,D"
Ia SCI .lsidc tis i5.i viii lie tDOdrht aDldchihci
! ought 10 bo HangeL 80, y
sir BCacn sad tlat in bis remarks about bilckinal hc
meant no insIntli. I1..Dst COdlst tc .t'iIha pti-
I.tlo ~ lie olIUnts tAC led nod oOuhae wOdii Cmu
10 iu stewart iuaIOlo pal aug az do "Odi4 SNe nan
cyi ence enough DIuChuith. Ala SOM 'dit"ci di'
ti,sou the submitted 10 Jo 5ti4o-dtc NhO re-
| served l.Isd dCCslOD.