, 1876-06-04
The Attempt to Break His
Will.
ragal Documents Filed by a
Cousin Of the Deceased
Millionaire,
,.ting that The Probate Of tho Will Be Set
lsidc, on The Ground Of Undue lnau.
eltc b! Hilton.

70 The hon. Delano G. catuis, Surrogate Of the
coxnty Of -Ncm }.ork: The petition Of James
Se the city q nr'GSyG ~ r.: County ,; Of King
ssS,lf Of the other collateral relatives hereinafter
ursmed, respectfully shows:
T1rst-That your pet,tIoneF' w1th With biz brother:
hhissistcrs. Mary ncaus. Of the City. County and
e. ststr Of New York. and Ann Jane Bailey Of
brooklyn aforesaid: and and Eliza Eliza. now or late ct
Tr1rcy. George "; TnEney. Samuel Tnrncy,
lanes Turncy. William +. Turney, Catherine i.
1alnsy L9sFstia n n; Tn Tsney Yyy all Of tl's city
HW;nhron Turncy, infant child Of the late pasehas
y Trrncy. deceased, and Marsarct Richardson,
s.rah Harvey. md Margaret McYi1]tams. ali or
B,ooilyn. aforesaid. and John II. ,Turncy, Of san
P,,nctco, in the state OF California are collateral
.t.tiycs Of tho 1rlI blood. and leaving any oues-
ion Of mutun1 precedence or exclusion> heirs at
;.s TX and next Of kin OF the late Alexander Turney
s:ersrt, e m Who died in the City Of New York. on thc
10Th dcY of april a. D. 1870.
ssona-That, as your petitioner is informed
1873, pnrporting 10 be the last will and tes-
iaaent t. Of The said Alexander Tasney Stewart
thereof, and certain other paper writing bearing
lie On tac SAME 9th day Of Marca 1873, and pur-
prtias to bc codcil 10 the said alleged will, aud
ssth das of aiarcl., 1s7a purportne to be second
Foiicl 10 the sad alleged will, were at some time
IN tAe evening or night time Of the 18th day Of
County Of New York. and application was made to
lin for the admission thereof 10 probate and record
EeII ae will Of Goth real and personal estate.
10 nit: the i4th day Of april. 1876, letters tesla
meutsry were issued BY the said Surrogate and the
sai alleged will and codcils were recorded in the
onee Of said Surrogate as il the eamc had been
ialy proycd ~ will Of real and personal estate.
., attend ths propsts Of The sid alleged VII! was
r. Of sny Of the heirs-atlaw or next Of lin Of the
ssd Alexander Turney Stewart, us required by
Sec. s, &, :, and S, Of Chap. 400 Of the laws of
ls37 nor was any such citation issued, or directed
to, or served upon the Attorney General Of the
Sste Of New York, or any one representing the
people Of the State Of New York, as should have
That no opportunity was afforded to your petit
;;ones, OF any OF the said heirs law or next of
Kin. to require that all the witnesses to the said
alleged will should be produced and examined,
fe,d Clap. AGO OF the laws Of 1887, or to request
1hlt anr other witnesses should be examined as
.! ISL. or to be present At orin any. manner to
contest the proof Of the eaid alleged will That the
application for probate aud record as aforesaid, OF
thc said alleged will and such psetended proof as
may hare been offered thereof, were not made pub
Lay o. openly, or At the court room or office OF
usual place OF business OF the Surrogate OF the
County Of New York, but were made At night pri-
satelE, secretly. and in great and unusual haste,
npon the SAME day with the funeral OF the said AL
c5ander Turney Stewart, and without rny notice or
ntsraIon whatever to your petitioner, or as he is
Informed and believes to any Of the said heirs 0t
Fonrf1-That the said paper writings are not the
last will and testament and codicils Of the said
Alexander Turncy Stewart, deceased. That the
said paper writing purporting to be such Last will
and testament, and said several papers purporting
to be codicls thereto, were obtained, and the al
stewart, was procured by circun1vention and under
n2 eng ans on sA. Some
other person unknown to the petitioner.
IYa-That your petitioner, and others Of the
eala heirs Ut law and next OF kin, contest and
Will contest the probate Of the said alleged will.
wherefore, your pet,t,one. prays TINT the pre-
tended probatc Of the said alleged will and codcils
sad the apparent decision thereon may be declared
nd set astdc, and that your petitioner may hare
fuch other and further relief in the premises to
D. Court may seem proper and = he s entitled to
Dated New York, May 81, 1875.
Eliuu Root, Proctor for petitioner.
William D. Booth, William O. Bartlett, OF coun-
CITY and County Of Stu Yort, S.: I, James
Bailey, 1hc petitioner named in the foregoing pc
being dR sTe saa de- asRass asd say
tf's father: reside. in thc, City Of Brooklyn;
hare read the foregoing petition to which have
thereof. The matters Of fact therein stated are
tine, and The matters thcrcn stated of my in
JAMES BAILEY.
AN ORDER TO SHOW CAUSE.
The Surrogate, after reading the papers,
promptly granted the following order:
S4roga:e's Court, County Of Ne.o Fork: Upon
reading mud ding the petition Of James Bailey
verified May u, te56. end upon all the proceed
tn:s heretofore Ind In the matter Ut proving the
instrument proponnded as the last will and testa-
nent OF Alexander Turney. Stewart, deceased,
let the several persons named IN sala instsnmenI
ettend before me ut the Office of the Surrogate OF
the County Of New York, in the City OF New iork,
on tho 18th day Of June, 1876. ut IL o'clock N the
bc, WY the pretended probate Of the said 1nstrn-
meat IS will Of rsul and personal estate, and the
apparent decision thereon, should not be adjudged
tie petitioner have such other and further relief
may BE- just and according to law; and Why the
payer Of the tad petition should not in all things
NV Yonk, May 81, is76.
HuAT MARY STEWARDS son sATs.
Areporter visited Mr.. Briley yesterday. The
rcsemhlancc between Mr.: Bailey and the oe.
ceased millionaire is striking, and could not out
ee nottcc1 by any one who saw Mr.: steH95t :l5
during his life. He is like 3tr. Stewart IN build,
manner, and voice, as well as in complexion and
leatures-is, in fact, an image OF him. me re.
porter felt sure that if there was any relative OIL
W. Stewart about, that Quict.lookng old man
Aaa ne4 anu At once addressed LIN. MI. Da4!ey
replied with A. T. Stewart's voice that he WAS
related by blood to a. 7. Stewart.
Aeportcr-Jpdgc Hilton says that AT. stew
Gts father and grandfather we're only sons
VI. Batlcy-Judgc Hilton could hardly haVe
saaa that Hc knows better.
Keporter-Plcase to state your connection
Nth 4: T. Stewart
Ar. Baicy-3tr. Stewards grandfather, whose
name vas Alexander, was also my grandfather M
-datEer Of my mother, Mary Stewart: Inc
aatcncnt OF Judge Hilton that a. I. Stewart
W. the Gully sou Of Alexander is true
NJ mother was married to james Bailey, and
Has born in 1S122, in Stoneylord, County OF
Antrim, Ireland. 3fy mother was then hsing
With her husband in Stoneyford, his native
plaee. Ny father entered the British aFmy-thc
esEentecnta Regiment Of 1oot--and ny mother
hte1urned to her 5ather's, Alexander stewards,
aonss When was two years old my nother
keot to Glasgow, my father at the SANE same tune
oe1ng in the British army in Canada While my
mother was in Glasgow there vas frequent cor.
tsspondcace between her and the Stewards III
hone In ireland.
- ie1t home at an early age, and, after series
x x adventures, entered, in 1S33, the service OF
Ion Pedro, regent for Donna Maria OF Portugal,
Sao was then lighting the tyrant, Don Miguel.
.. aas IN several battles. The warfare IVES very
~ sss9ssc. Don Miguel had the lnqu1sltion set up
anso q Lisbon, and We put stop to it.. After loie
A4ulQr mt fa f1t3fil the end OIL