The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-02
STEWARDS WILL.
The Turneys' Relationship Denied
by Judge Hilton.
PROBATE LAW DEFINED.
Why Surrogate Calvin Did Not Issue
Citations Before Probate.

NOW that the lurneys nave nauo pupHC their tca'
sons for contes,ins tho will OF tho late r T. Stew
art the people exceedingly ANXIOUS 10 learn how
the document which nlod Wednesday Us re-
garded by those who present enjoying tho man
sgemcnt of the estate With the object Of ascertain.
Ing this HERALD reporter called upon Judge Hilton
yesterday, but Informed by that gentleman that he
bad nothing whatever to say. From his manner OF
speaking probable that The Judges policy fu-
ture will be silence He did not wish 10 say anything,
because he has already in more instances than ono,
given expression TO his.opinon Of tho coming suit cx
clusivciy and deliberately these columns. He has
dcniedlthc relationship which The Turncys claim and
has frequently stated that there ground what,
over for legal procedure against tho viii. He has also
shown how even the fact OF relationship INSULT
sicrt and has most cmphatcally asserted that an
due influence was exerted over the deceased.
SULLIVAN OK PROBATE
With a view to ascertaining tho law regards the
petition which the Bailey and Turncy families make to
Tct aside Mr. Stewards viii HERALD reporter ycster.
day called upon the Hon. Algernon 5. sullivan. at his
Office the Drexe Building, and asked him in case
will was admitted probate without citations having
been issued all heirs Of kin 10 the deceased
would subsequent sale Of the property OF the estate by
the lsgatce be Legal?
Mr. SuLLivAy-Your question involves two SUBJECTS
Should the heirs and next OF KIN OF The alleged tcs.
tator be cited attend tho proceedings on probate
What effect would the failure TO issue proper ca-
tons have upon the title OF purchaser supposed to
in gool latin and tor value after formal decree
admitting will to probatcg The Statutes, 10 which
turn, TO answer you literally, provide as iol.
lows
The executor devisee or logatcc named any will
any person interested in estate have will
ne shall the
following facts - 1.-THE WI relate excnsvely to real 6.
.ea.o '5at gpSn dSen inquiry the same cannot Ss
the and places OF residence OF the widow
,ame cannot be ascsraned II The viii relate a to both
real personal estate the and places Of residence
nj he he he NidOW nd of of
Or ss dEsn' the s, same
issue citation recurring the such time
s as s @ ss to @ s who
hasappisd the proof Of the will and whether ea
Ss Be The % b sa.
Of who ought - be cited cannot be ascertsned
such fact shall be stated IL tho citation.
The citation shall be served the persons to whom
is directed II they reside the county. BY deliver
ing copy at least elgh days before the day appointed,
II in another county in tho State fitcca days before
the day appointed; such persons rcsiue out OF
the estate publication for SIX weeks and personal
service or by mail II residence be ascertaned.
Before proceeding 10 take tho proof OF any will the
Surrogate snail require satisfactory proof by sdavit
of the service OF the citation IN the mode prescribed by
where a VIII is propoundod by the only party who is
entitled to oppose it. For example the only heir law
next OF KIN OF the deceased wherc all the parties
in interest unite in the petition appear and waive
service OF citation But there be infants interested
guardian ad item is required and notice TO the minor
by ctation.
The law. you see, is very explicit. But suppose
that the citations shall have been duly Issued and
served, yet the Will be admitted to probate It will be
conclusive evidence Of the validity OF the will until such
PROBATE bc reversed on appeal or revoked by The Sur
rogate or the will BIO declared void by competent
tribunal Any OF the next OF kin may nj any
time within one year after such probate
contest Tho probate or the validity OF the will III
proper allegations writing against the WILL
against the competency OF the proof thereof" be pre-
sented, the Surrogate must issuc citations 10 tho
executors who have undertaken the execution OF the
xiI and TO the lcgaices to show cause why the pro-
bate should not be revoked
suspend all proceedings in relation TO the estate
ccpt the collection recovery Of moneys and the
payment Of debts until Adhesion Is had tho acga
iicns
The proof OF the alleged will must be made anew the
former proceedings being regarded rs nero nullity
The burden OF proof Is on proponents OF the will The
Surrogate may annu or revoke tho former probate
The statute provides however, that the executor
shall MOI be liable for any act done IN gooa faith pre-
vlous to the service OF tho citation at the Instance
Of the contestants So in my opinion a bond fde
purchaser from tho executor prior the date Of the
citation in the contes,ng proceedings would be secure
In his purchase. Bad faith. wnl neglect or any
lraceable COLLISION the part Of purchaser would
In case the executor had been guilty of bad faith
procuring probate Of the WILL make his purchase OF
have not time 10 examine or consider now whether
when taken outside the Surr0gatcs court ROOM would
be invalid that Ordinarily the business Of
The SURROGATE is transacted in tho court room provided
by law indeed, | ne-cr knew instance otherwise.
The statutes su'-asnsrs'y iollows:-Thc Surro
gate must no. the limits OF the county
FOR which he was appointed Tor elccedl
The surrogates courts shall times open for the
hearing Of any matters within the jarisd,9n Thereof and
every surrogate hi office powers
surosatss courts in which the County ind
performs the dntics tho office Of surrogate
held aud he hc County Judge, shall per rs ps
lis county hs public no
airs In counties 10 witch the duties Of the oe Of surro
tie ast'cs Of III. Office Of surrogate suosates shall
be held At the times aud places provided by law
That means tho Office provided BY the Board OF
Supervisors Of the county
Tho case then narrows itself to this-where county
Judges ac as surroyacs the statute expressly author
izcs them to perform their official duties elsewhere
than IN their office, provided 1t be in the county In
other counties, where there surrogate the statute
slc mt tar TO TIE provision Tor Official action
side the Surrogate's oihcc.
WHAT SURROGATE CALVIN SAYS
The reporter next visited Surrogate Calvin with
whom he held converse relative to the time and place
Of the proving OF the will, which is here gwen
REroRrER-Mr CALVIN, will you kindly INFORM
the why Mr.. stewards will probated Mrs
siewart's house. without the issue OF Citations
Surrogate CALVIN think II was the very day was
appointed after l had quained Ex-Jndge Dawes
called on me ia behalf OF Mrs Stewart and Judge
Hilton, saying that Mrs Stewart in very delicate
health from her recent affection, and that Il would be
great accommodation 10 them II would consent to
There wes business reasons that rendered an early
probation important He did not state what the busi-
in, cess reasons were said would chccrinily ooIre
them, and, IN the meantime, he must procure the
necessary blanks and have them drawn not
take unnecessary time IN performing the duty Judge
Davies desired that should call at the house
O'Clock on Good Friday morning Tor the purpose, but
replied that u was my custom TO attend church
Good Friday and could not do IT. He then suggested
Thursday evening at eight o'clock winch alter the
funeral, and acqucsccd ! attended In accordance
With that Arrangement and the probate taken. A
copy OF the will was delivered 10 for purposes at
record aud public information. which broug
office about one O'Clock Friday rhis was pract.
raliy my rst act did not deem IL requisite issue
citations Tor the reason that IL proven mo tha,
thcrc were no heirs next of kin by Mrs Stewards
aGldavl which will snow you
The affidavit WAS here shown 10 the reporter who
saw that Mrs. Stewart, on April 10, 1870, sworc-
THAT the widow only heirs and OF kim were her
self and that Mr. tewart left him surviving neither
father mother brother sister descendants or
either OF them descendant OF bis relative
Of kin u said DECEASED that said deceased will
vita ecdicils thereto. and your petitioner and
Henry Hilton aud William Lnbcy all the city N Nv
YORK the executors named and appointed hy said win
and s0Jiels, and that said will and codlsils
eutca according 10 tue laws Of the state 81 New York
Surrogate CALVIN said -" Before going to the house
where afidavits were made, had been in formed py