The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-16
i T. STEWARDS ESTATE.
lTTyEs CLAIMING A sHARh OF
mrs COLOSSAL FORTUNE.


49,. an Exceptional Document.
= Tho claimants for share Of Alexander
" s,.rarts fortune applied to the Surrogate
t..terday for the vacation OF the probate u 'r'
-, ouroortina to be the great merchants VIII
Ip,.tI sou,re chamber Of the surroRate's
1pV 30. orovdsd. A dozen newspaper re-
Liars. idly biting their pencils lined the long
r.. ,,ndsr the shadow OF tue bench, ana In
=, ~ than aeyen lawyers, all conspicuous
p.uhe,s OF their profession, chatted with each
-, or busted themselves in turning down
- 4, calf bound volumes to which they en-
80 "a refer These lawyers were W. o. Bart
y. ruhu Root and W. ID. Booth, represent
s-,he contestants OF the will. and William A.
n,,ch. Henry L. Davies, II. L. Clinton, and H.
q Anderson, representing Mrs. Cornela NJ.
e,ewart and ex Judge Hilton.
A, tho end of the table whore sat Messre. Bart
~, .,d Root James Bailey. the claimant who
s,o,,,ss that he IA frat cousin OF the late mer-
-, nr,poe. was seated. His face closely re-
.nhla. Mr.. Stewards. He has the same
Iii rounding forehead, reddish brown hair,
.,s,c,ng small ewes. and high cheek bones. The
.,..,hi,noc ls strengthened by the manner Ia
-h,oh bis short white beard aud m ouetache are
.anmad Hosa litte man, with narrow shout
..,s He sat among his counsel, seemingly un-
.r,re Of what they we're saying and doing, and
Looked neither to the right nor to the left. His
l.vyers were equally unmindful Of what he was
fling Thomas Bailey and his daughter sat In
he centre Of the room. and other men and wo-
nan. witnesses for the Baieys, were seated near
theni.
nehind e1-.1udee Davies, in chair that no
h,d tilted against the 1uted column that sup
,or, the ceiling. sat Henry Hilton. portly and
,,.cid. Judge Hilton conversed with Nessrs.
D.,ies, Clinton. and Anderson for half an b our,
md then OF the beginning OF the proceedings he
moved to the side OF the senior counsel, William
A. Reach, and remained there until the termina-
don Of the arguments.
Surrogate Calvin read the list Of cases on the
ulendar, and dismissed the waiting litigants,
sat he reached the Stewart case. Then he
rev bis chair close to his desk. squared his
houlders as though preparing for the work OF
he day, and announced the action.
Fx-JUpGE pAvIEs's MOTION.
E,-Judee Davies, 10 opening the proceedings,
aid that he appeared In behalf Of Cornella NJ.
Stewart in obedience to the surrosate's order to
show why her husbands will should not be re-
,ozed and set aside. ~ ask" said he, that
his application, so far as II relates to the per-
soma estate Of Mir. Stewart, be denied. There IL
no allegation In the petition OF James Bailey
suggesting that the will was not properly and
legally executed. This petitioner by his own
showing has no right or Intention TO challenge
the Instrument "a "a will Of personal estate. He
has no standing in this court and no right to in
foke IT, - toward this end"
hr.W. q. bartlett. using slowly and waiting is
opportunity 10 speak. said that to save time aud
UNNECESSARY lab he would cOncede that point.
Then issue an oider to that effect at once"
said ex-Judee ID Wis.
MI. Bartlett hoped that no such hsstv action
would be ken. There were reasons. he said.
Why the order should be postponed until the
WILL hsaw OF real estate had been heard.
Messrs. Beach and Anderson sur ported ex-
JUDGE Dav.os's motion to have the order In
SANITY Issued, and Mr.. Root supported the Oh
eciipns Of bis associate.
1hc Surrogate said Tint his dismissal OF that
part of M petition relating to the revocation Of
The probate OF the viii a. will Of personal estate
mouid bv entered upon the minutes. but he did
not intend 10 sign ana issue the order to that
f.c' uutil the other arguments had been heard.
"IDat Is satisfactory 10 us" said MIR. bartlett.
VI. Al icrson. on behalf Of ms. stewart the n
moved II NJ the prttion for vacation OF the VIII
~ wlll oi real cstuie le dismissed. There WAS
% allegourn th't hr. stewart n incom ne tent
bm.ke VII. or va Tue VIII was not properly
SECUTED. TIE allie ton WA that the instru-
bent wa no the hnh Testament q the de-
seas-d millionaire, aud that the codici. To- "
we're uroctfcu ~ undue influence OIL the p1rt OF
kT. Hutton Or some other perron or persons I'M
known Unln these slleratious ere iroveJ, the
petitioners have no standing N this court.
rsge of tre Proceedings at which the lcgttces
n'ended to present their answer to the petit
h.ners.
Mr. beach sum leWrufcd the argument ny saw
lng AT bs intended TO press Mr. Anderson :
motion for a dismissal 81 the etitioner aud de-
The SURROGATE desired 10 know whether III Is
motion must ne disposed OF before the le9atees'
answer was pui IN, or Hiferward.
Mr.. Beach said that the nswer would be put
10 al once, ana the argument renewed after
ward.
THE AFFrpAvGTs.
Mr.. Anderson read the answer Of Mrs Cornelia
" StewaTt, IN which she says that she WIS II. r
bed e. Mr.. stewart m the fail OF lssj. and lived
Win him from that time unti his death. During
81 tha' tine she never heard Nr Ste ydrt mem
ton the existence Of any blood relatives, heirs
t-iaw, or collateral relations cons cquently she
believed that Al hs death ho left no .uch heirs.
The will and ttc cOdicils appended to Il were
We Tree ana uninhuenceu &C 4 ot her husband
The business OF Mr.. Stewart Wa Of an extent
td Cd racter that cessation or iuterruution
could not lie permitted. and. a the Surrogate
could not attend IN his court on the day after
vi. siewAr,'s funeral, he did visit her r sldence
on Tue night OF the funeral. and then the will
tdi cOdicls we've produced. with the recess
sry proofs, and were admitted to probate.
MT. iri averred that tho provisions OF the
VIII had already been comrled with.
MI Henry Hilton, IN his afidavit That was read
PVT Anderson, said that he had known the
hte J. l. stewart for twenty years : that he h ad
hao close business transactions with him during
WAY tue snd had frequently been Ct mis- mouse
- oat ~ MS thblc, tntt ne Iihd frequently
beard Mr.. stewart say that he had no blood re-
htion' LIVING, ana that this fact had been fire.
euentY published in The newspapers IN this
wy ADD country and In Europe, ana no person
btu couiradcted the averment; that Mr. Stew
h asked him Mr Hilton TO draw up his will
sno codlcNs. and Dictated the terms of the
hne, ina there was no other person present,
hu Wat leither he (Nr. Hilton) nor any other
person lniu- nced VI, Stewart IN making his
M sud ne cldicils attached that he knew
~. >lewTts designs. and III AT any del y in II
nihg out these designs that might arise from
VIZ proceeding on the part Of the Petitioners
ruNiI prevent Tor he tine the carving out Of
~ 9eNail lnsructiOns and wishes, notably
nc CONT lriiou II the hotel for working women
Wo tns g., tue Improvement Of the Grand
S.loh Motel In Saratoga, and of the Gardtn
Nv property. Mr. Stewart conducted the
,nitrst business In this country, or probably in
~ Nofll' ana no allegation OF mental incApaci-
Hgould De- or mad been made.
M lllam Libbey's AFFIDAVIT also was read.
ohUfhies the aveTments IN the other two
uepnslllons. and refutes the allegation that II
sn haye beon possible for any persons to
~ hH W. lhnuence Ar. stewart In the disposition
nItef Mrs, Stewards answer had been read
i.Ln eiote hr, Anderson began 10 read the affi-
s san's OF Nessrs. Hilton and Libbey. Mr. Root
uonnoed MS intention to produce witnesses
.'upport his client In preference to hearing
" proof OF the allegations Of the resp1ndents
70 nr Root had agaiu declared his readiness
""oduce L stimony,
Mr.. HENRY L. CLINTON
o az long argument 10 favor OF a denial
ba,. 'ns Application 10 revoke the pro-
Ise o. tue will. Mr.. Clinton said that
spsuuoners we're bound TO go further than
~ niu zone IN thls matter before their mo-