New-York tribune., 1876-06-02
TILE STEWdRT WILL CONTEST
OPINIONS OF BOTH PARTIES.

lille SIZE W1RT WIN CONIEoI.
OPINIONS OF BOTH PARTIES.
Mr.. IIBBEY's COMMENTS on THE PROCEEDINGS BE-
FORE THE sUgROGt tTE-WHAT Is THOUGHT OF
THE CLAIMS OF THE coNTEsTASTs-GRoUNDs OF
THEIR ACTION.
The proceeding to set aside the will Of A.
T. Stewart brought by James Bailey OF this city was
subject OF general comment Yesterday. NJ Bailey, claim
ing to be cousin OF Mt Stewart for himself aud his
brothers and sisters and for other cousins claiming that
they xt Of kim and heirs OF the deceased merchants
that the probate irregular in that they were not
cited to appear aud the probate not made openly
but privately the night OF the funeral OF mI. Stewart
The petition charges that the will procured by cir
cumyen,ion and undue influence.
Wm d. Booth, Of the counsel for the contestants
stated yesterday, In conversation with TRIBUNE re-
porter that this petition had been drawn after long CON
sultaton and deliberaton The proof OF the kinship
clear and the lrreguary Of the probate codld bo
shown with "A to the main question, the validity
Of the WILL did not feel at liberty to anything
more than ths: Undue influence in the common sense
though great part Of the not the whole OF IT,
and the strength of the they would make on the
trial was unimagned by the public. The petitioners
thoroughly in earnest. Mr.. Root, another of the
petitioners counsel declined to give any thing as to their
plans.
william Libbey OF the hrn OF A. T. Stewart Co, ard
coerecutor with Judge Hilton and Mrs stewart eKecu
ttX. In the settlement Of 4. r. Stewarrs estate was
visited by TRIBUNE reporter ut his residence, No
47 Parkaye last evening with regari TO the petition
Bailey the Surrogate that The probate of Hr
Stewards will be declared void account Of circumyen-
ton aud undue influence OF Judge Hilton some other
person. Mr. Lbbcy said the plea appeared ridiculous in
Wow OF the fact that Mr. stewart made his viii three
years before his DEATH had IL In his possession the whole
time. aud up two three days before his death pos
scsscd mind remarkable for s cearness and precision
ar Lbboy dii any feeling in the mattor and
thought there was no reason FOR tho least anxiety
on the part OF the heirs who would suffer perhaps
a utt. annoyance. The persons who claimed to be dis
relatives OF Mr. stewart he said. had perfect
right 10 contest the case, II they thought any legay
had been prlct.ced. All clam the right to question the
action Of individuals before the law. II the executors
and eyecur1 had not followed tho letter OF the law in
putting the will 10 probate the courts would undoubtedly
nni II ont IL wa. sure that every person interested In
the will hal notice Of probate. And II the courts
should nnd sn legaiiy the probate which ho did not
fear he could how the validity OF the will woud
be Affected thereby II would simply mako necessary
repetition Of ihc forms prescribed BY law.
Mr. Lbbcy said n the fact that tho will was put To pro
bate three days after the death Of MI stewart could
.hy b. construed "a evidence oi undue haste, there
crr circum-ancc. aud duties to Others which made the
at entirely d,fcuslble Tho will In manner Involved
Tho gigantic business Of A. I. stewart a Co. II was
hs the daily accounts OF which frequently ran mp
to 100000 or 81 100000. Not only the Interests o M
stewaTts partners. but Of hundreds Of correspondents
we're involved IN each diy's business. The daily mails
Of the arm amounted 900 letters and over 100
letter. were sent With each foreign mail The draft oil
accsp,auccs received by the firm must be attended to
with dispatch protect the mercantile rts OF people
doing business with the hrn. II was absolutely necessary
10 keep the machinery in perpetual motion, and lac
thonlht that any man acquainted with the demands OF
great mercantile house would recognize easily the pro
rtc,y OF the early action taken by the eyecntos He
said ho had heard Of the Iurneys or the Baio's
before they mentioned In connection win tbs ease
in tho newspapers. From what Mr Stewart had sad to
him. he though: judge Hilton perfectly Justified In stat
ing If he had so stated that Mr. stewart lcft no blood
relatives Mr. Stewart decidedly man who thongit
no more ot blood relative OF bis than hs fd Of any
body e.es relative unless tho tic Of blood was strength
ened by greater tie Of worhincss and merit He was
man 10 assert enre independence to the disposition
he should make of the wealth amaSsrd hy his own efforts
STATEMENTS oP CONTESTANTS.
lame, Bailey the petitioner IN the stewart will
lives at No. - Clinton st., Brooklyn. whero hc Keeps
lace aud embroidery reporter OF THE TRIEuSE
called al his house yestc rday afternoon and received
by a sIchtIy built man OF medium stature, Who bore
striking resemblance to the photoSraphr iiktheii oi
have been taken from sketch made by one OF MI.
sfewarts cirks. Mr. Bailey appeaioi to DO D't"een
red and the general color his face was sc hs thr IL
u,tratcd papers have gwen - DelonSlns 10 we
cato any information he possessed ON the subject but r.
icrrrd IN. reporter hi, lawyers for statement as 10
IN. manner IN which the ease had been made ny. ne
said that his mother. Mary stewart, was the sister oi
AI.taudrr T. Stnyars father He cam" 10 tins country
i'm he wear 1888 and entered Nr. Scwarts employ
and remained with hun nearly three years since ISIS no
mas been doing business on hs own account Mr. Bhlcf
aid he hid sufficient evidence 90 show hls relationship
with Mr. stewart and II lac had not believed te ciarse
of " undue influences" could be- proved ho should not
have begun the suit Mi. stewart introduced MI Baiey
fo his mother .yho died In 1877 He was introduced rs
ths son OF Aunt Mary" Mr.. Bailey met Mr. stewart
ftgr 81
lie last spoke to him In 1897. when they had
an interview Of hours duration since pr
stewart grew 80 rich. Sir. Bailey said, ne ana
moi care TO recognize his relatives nd Mr. Bailey al
too much pride himself on his nOcc Mr. Bailey
roud not say whether OF not George v" Iurnoy was
actually pnTty tO the contest, ANA In oer fcinNhs nc
shaved that the entire affair between the Doou fela
live, had been arranged by the lawyers lie thouBht
there was something wrong about Tee VIII, anu silu,
one ever heard OF thing before as tho giving
away outright Of SOO,OOOOOO' . , -, .,.
Gcorpe " Turney was found at No. 20 CnathaIl-at'
where hc has KEEP small stationery and paper store ior
81 wears lie appears 10 be man between 90 anu oo
wears OF age and bears resemblance to A. T. stewart
whose grandfather, he claims, was brOtner OF MS
grandfather, ~ aking him thlrd cousin on ms
mo.hcrs side. Mr. Turney was not disposed
40 talk and referred the reporters TO hls law
ycrs for information. lie sad ne WAS ntllc
roualncd with Mr. stewart, ana with the exception OF
.ght ac1unin ance with Mr.. Bailey was not acquainted
Stb the parties To tho contest outside % his own or
family relatives lie talked as II tho snt woud De
the extent Of the means OF the cOhtehdhg
parties.