The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-26
THE STEWART WILL.

MRS. STEWART AND JUDGE HILTON ANSWER
THE coNrEsrANTs-PRINcIPA POINTS OF
THE LArrEI's CLAIM DENIED.
Mrs. Cornelia NJ Stewart, widow OF Alexander 7.
Stewart, and Henry Hilton on Monday last aled their
separate the suit brought against them and
number oil other persons alleged heirs OF the late
million naire. by Alexander Stewart and Jane Bailey.
II will be remembered that Mr. S. f..
Kneeland, attorney Tor the plaintiffs claimed
for his CLIENTS that the late Mr.. Stewart
died interstate and that they were collateral
relatives. The complaint. which has already been
published in the HERALD, contains a diagram pur-
porting the line OF descent 10 the claimants.
In Mrs. Stewart sets up, IN effect, gen.
eral DENIAL. She denies that her late husband died
intestate, but, on the contrary, shows that by his
Will and codicils 10 the same he devised the
real estate OF which ne was selzed at
and assigns; that he lett neither father, BROTHER
sister, descendant oil eher that she believes that
that the persons alleged IN the complaint are his
collateral heirs or that the diagram proves
common ancestor, Thomas Stewart, or that
any relationship Is proved between the
people med IL the complaint and her dece Sod nus
bano. Mrs. stewart claims TO have acquired title
under Mr. stewards WILL aud reintns IL by virtue OF
that instrument Sue ignores tho ages, nationality
ana conditions OF the plaintiffs, aud denies That any
OF Them enjoyed the possession OF lands und tene-
ments belonging TO Mr. Stewart las alleged In The
complaint) al the time oil his death.
JuDGE HILToS's ANSWER.
In his reply jude Henry Hilton, his own behalf
and tnat OF his wife, Of the co-deiendant Is,
denies that Alexander 4. Stewart owned all the land
designated In the schedule annexed to the complaint
He makes the same issue as Mrs stewart in denying
that Mr.. Stewart lett surviving him either
father, mother, brother sister, or any
descendant OF his; also that he had the col
lateral relatives named the complaint. he
that the diagram not contain the chain Of
relationship OF the persons named IN II to Mr. Alex
amer l. Stewart, through common ancestor and
duDies that the plaintiffs, Augustus NJ. Turncy.
George W. rurney, Samuel Iurney, james
lurney, william II. Turney, Catherine 4.
Iurney, Lucretla NJ Turney, Winthrop Tur-
ney, John Turney, Margaret Richardson, Sarah
Harvey, Margaret MCWIums, or any OF these per
sous, eituer third COUSINS or heirs ut
law OF the late Mr.. Stewart on the side OF
his mother, Margaret stewart, or otherwise.
But whether or not they are grandchildren OF George
Iurney, and whether or hot George T.rney was the
brother OF John Turney or that tho latter was the
father OF Margaret Stewart, tue defendants have no
knowledge
Judge Hilton admits that he has claim upon some OF
the premises named 10 the complaint, and that he Is
The owner lee, under oil conveyance OF a por
ton Of nose premises He denies that the so-caled
collateral heirs put forth are entitled 10 MALI
any portoE OF the estate OF Mr. stewart or that
the fractional interest claimed Tor tho several plain
TITS 'is iorth.n He AYERS that ut the death Of
Mr. lett will md codics, which were duly
proved before the Surrogate aud recorded ~ his ONCE
that by TINS Will Mrs. Cornca NJ Stewart anu her
heirs TOOK the property
The remaining clauses OF the answer are similar TO
those put in by Mrs. stewart