The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-01
A T. STEWARDS MONEY.
,,,r SOW or MdRY sTEH Art DE-
utNDTN0 ms RIGHTS.


r,, following papers were fled yester-
,,e ,rrosate's ONCE, by Mcssrs. W. o. |
J." wr d. Booth. and Ehhu Root, coun-
D" t,,cs RILEY, a grandson Of "A. I. Stew
,r,'s grandfather
s.rosate's Court, County OF New fork-in the
-, ot uroving the instrument propounued
nN'' '.., ,,ul aud testament Of Alexander
30, stewart, deceased.
N, Hon. Dcltno c. Cdictn, Surrogate % !
-. cmn,tg u Noc YORK; Inc petition Vi
We ,fthe ci.y Of Brooklyn, county OF
az "nl II ate If New York. In his own right
'1 -, behalf Il the other collateral toia'N'S
.ass,n, ne, n med. respectful, shows
- urs, vour petitioner. with his brother, |
rt.,,,,s I,,,,.y of Hampstead Long lslsnd' ana
,t.to~.. Mary Deans OF the city, county, ana
,,.,a ~ New York. and Ann Jane ia lev ot |
a,,,klyn aforesaid, aud Eliza. now or lat' OF |
GLASGOW, scot,nd. or her issue and AuR"s'uS
Al. Turncv George ". Turney, Samuel Iurncy'
lanes Turney, William II. Turney' 'a'her'ne t.
rurney. Lucretia NJ. Turney, all oi the 'i'S' |
,ounty, and state Of New YORK. alore-
,aid and winthrop Turney. lniant a vndusm Mar
Inc late peechas 'r. rurney, dcceased' ara MAJ
.afet Nchafds0n Sarah Harvey. ana MSiVi;
NcWiliams. all Of BrookNn a,'ies's ~, s',1 ~
linn H. Iurn,y % san Francisco IN ti,e Stae ~
Caii1,rri9 a'e collateral relatives 81 ths luh
blood ana saving any question OF mutn nte,
cedenoe or exclUsou) h'ifs ~ law hnh mex on
tin"S he LIE Mex nder rurney stewart, who
si"d in the ~ of New York, on the 10Th day OF
Anril A. d. 1870.
CSC ni-ih't.ts yorr petitioner rs informed
ana believes. ana therefore alleges, certain pa
per Wiitins, Ooaring date tue H,n gay Ht VI TN ~
A A. lt,l. UrpOrtinr to be the last VIII hnu YES
Lancet ~ te said Alexander lurney >tcwr,
Ipn.intin1 henr, IL lion and William ihpn.yy
exrcat. rs, and Coruelia NJ stewart eNecuttiN
Uerrof, and a cortiin other pa er writing bear
Ing dte On the zane 2tth OF March; N'o,
M pufporting to be codicil to tue said ALLEGED
Nil and a cert IN other paper writing, bearing
sac on tue 2stn day Of Nara, ls,J, hurp 3rIn,;S
sere. nj some time In the evening or nght time
Of The l3th day Of April, 1876 presented 70 the
sufrpraie Of the County u New York, and ap-
pic,iion was made to him for the aduission
hereof To- probate And record - well asa"lh
of both real and personi' estate.
Tut tucreupon, and on the next day there-
utr. TO wit, the ltth day OF April, 1876, letters
e,taueutar were issued bv the said surrogate
M the lid ALLEGED will and codicis were re-
ufied IT. the tiice Of the said Surrogate as II
he -sme had been duly proved AZ a VIII OF real
nd 3rsonai estate.
Ini.d- rhat no citation or other notice to ap-
eal or attend the probate OF tue said alleged
vii was issued or directed to or served upon
iUur etitiVncf, or any Of the heirs III law or
nxt ot kin Of the said Alexander Iufney stew
NJ As reaiiryd by section, o. O. :, ana 81 eo ,
iou issued OF directed to or served npon the
Attorney General OF the state Of New ork, or
InS one representing the people 81 the state OF
sew YORK. IL should have teen done II there
sere failure ~ heirs at law.
joiner, or any oi the said heirs at law or next OF
Tin. 10 require that ali the wines Is TO the sid
sthay were euuued 10 do by section II of the
aid ca pter 49, Of the laws of 1887. or to request
hat any O her witnesses should Uc e1 mined
Is they Wero entitled to do by chapter LIZ OF the
aws Of 1871 or 10 be present at, or ~ any man
10 G.. contest the pToof OF the sld alleged Will
That TIE application Tor pro ate and record ar
40. rsaid. u lie said alleged will. and such pre-
SH~ea PROOF AZ NAV nave uteh ,hered there3i,
we're not made publicly or openly, or at the
: mt room or ONCE Or usual place ol business
Toe Surrogate " the county Of New NorS,
81 were made AZ night, privately. secretly, ana
great ana unusual has,e. upon tue same day
r-n inn funeral Of the said Alexander iurney
scN.rt..ud without any notice or utilization
sa.eyrr TO your petit ouer. or. a. he - inform
- aIa believes, u any OF the said helm at law
Mnext Of kin.
F0urtn-rhat the said paper writings are not
he lat VIII nd testament and codicHs OF the
aid Alexander Turney stewart. dece red.
nat tue SAID paper writing purporting To he
mch iast wlli aud Testament and sad several
obiained. and tie alleged execution there u by
HE said Alexander Turney Stewart, wns pro
suird - clfSunNen'ion ana Undue lInusnce
DO, stewart ~ Henry Hilton. or some other
person unAnovn To the petitioner.
Inlh lAat YOUR petitioner, aud Others OF the
mid ueirs Al law ana next 81 kip, contest aud
vii c'utes. the probate OF the ID alleged will.
aan ed Ia the alleged Will are Cornelia VI. Stew
ar. aud Henry Hilton, and tue only legatees OF
devlsees named In the SAID ALLEGED mt codieil
George b Butler John N. Hopkins, A X p
Cooper Edwin James Dennlug, JUnu /. Green
george IL. hissins, Henry H. Rice, John De
Bro kenert Piotneroe, - DodR,, Hugh
COnnOr, W tlam Armstrong, lllldm l.. Sultn
william Lynch, Martha Turner 4 becct Turner
sarah Turner JIues Canlniings, Edward lhomp
lon, Michael hiurdan, sarah Morrow, Rebecca
Morrow, And len d. Hilton.
lhe only Iegatees or desisees named 10 the
iad alleged second codicil are Charles !. Clnch,
Anna Inncn, julia Clnoh, Emma C1neb, SARAH
Sun, b. wife of }. Lawrence Smith; Cornella
ssmith, and UAaries J. Chnch.
eided urobaIe of tue said iltged Will and oOdi-
e aud t apparent decision thereon may be
a.. I'd VOID 4ud Of no ene't and may be re-
Nikel dtt1, ana set d-4ut, ana tildt your Pc
nAoner may nave suen olnsr and further relief
proper, aud ls he is entitled to by law.
po,ed New YossE Ho M,y 81. 1870 'A'' 'A'A''
Emu Root, Proctor for petitioner
Wa y Boom, William .. blIllett, OF Counsel
C.D ant County Of Nes YORK. ST.. james
pea ion being duly sworn, depose and say, |
an son OF James Bailey md hi' wife Mary
h'eEdft; inv ia, ther was tue sister OF AIexaii-
/. e,ssart's ,ather; | reside in tue ci,y OF
broslyn have re the foregoing petition to
vnicl ! AVE subscribed NY name. and know
the ,nieh- thereof. me matters Of fact there
~ stated sre true, and the lpattcls therein
stated IT my information aud belief believe to
sworn to before me this sist day OF May is16.
gto !. lansing, Notary Pubic, n. y. Co.
An ORDER TO SHOW CAUSE.
Tic s.gu.Ate, after reading the papers,
pIompu granted The following order:
aUloJlcs CoArt, County of Nelc York IN
a. @Iug u prormg a. n@ram. n propounded
nv Ntealu ieceised.-Upon reading aud filing
SO rruuDn II J.iues BalieI, yerlicd May 81,
hb. anQ upon all the proceedings uoretOl ore
h4 Ia tne matter " pIoyin. the IN
suumont propaluJed as tue last will
al fe-tanent - Alexander Turney Stewart,
a.,ea-ed Let the several persons named ia the
sah instlhmenl a. execulors. devistes, and
iss .iecs p.ar and attend before mo at the
on 4 Tue Surrogate Of the county u New
4. ia ths cip of New York, on tle l5th day
u .h- l-,6 at II o'clock IN the forenoon Of
tu'i day, ani shOw cause, II any there be. why
u .eldeG probate II tue SAID nstI UNI sut as
~ - tai. lii personal estate, aud the apparent
ue''IIItO .e'l, should not te adj dyed VOID
tii is res s. d, vac ted, aud set aside aud tue
petitioner h.ye slon other aud fur her relief az
ny Us J..s. AID -ccofding to law, and why the
t'4'rl ~ Tue slid letitlOn should not Ia ali
tA.Is- 3e gran ed.
NV YORK, MY 81, 1875.
,rtll d. c. CALVIN,
ull-'"-i nltd May 81 1875. surrogate.
"a true cop,.l
D. l. aurru- MORGAN A. DAYTON, Jr.,
gaze sea-. Clerk 10 tue
............: SuTog tte's Court.