New-York tribune., 1878-06-26
ANSWERS IN THE STEWART SUIT


DENYING THE CLAIMS OF The COMPLAINT.
JUDGE HILTON AND MEs. STEWART PUr N ANSWERS
SWEEPING DENIALs Or TIE ALLEGATIONS oF
THk PLAINTIFFS.
Judge Hilton, in behalf Of himself and the
widow Of Alexander +. Stewart, has put In answers,
through the firm Of Davies, Work, McNamte Hilton,
to the suit Of Alexander T. Stewart and Ann Jane
Bailey who with others claim 10 be heirs on his fathers
side Of Alexander T. Stewart aud 50 enutod 60 oue-haf
OF bis real The complaint framed on the theory
that Mr. Stewart died without viii. lie answers sot
ut the Will and deny the holrship Of the plaintiffs, and
OF those whom they claim TO be heirs. Tho answers also
put the plaintiffs, by admitting scarcely any tnlug 70
formal proof Of all the facts alleged by them. The
answers OF Judge Hilton and Mrs. Stewart are entirely
similar. That OF Mrs. Stewart In full - a. fol0ws:
The defendant Corneha NJ. stewart. answering the
cOuuant Of the plaintiffs, herein admits that Alexander
T. stewart the CITY O Newf"rk, departed this lic
the ION day Apr 1876, seized and Dosscssed uf
large part OF tho property described In the complaint
Dut upon information and belief denies that he was 80
seized or possessed all the lots, tracts or parcels Of
laud designated in schedule A. annexed to said COM
paint
This defendant denies that said Alexander T. Stewart
died ntestats but on the contrary tins defendant
that he left Will bearing date March p, 1873. with
codcis dated respectively Mtrch ~ 1873 and
March 2s 1873. which Will and codicils were ou The
1912 day OF April 1876. duly proved viii Of real
OF New-York Of which county Alexander T. stewat at
and immediately previous to his death an inhabt
ant and that said Will thcreupon duly recorded IN
the Office OF said Surrogate. That IN and by saiu VIII
he devised al tho real estate OF which he died seized TO
tnii defendant, her heirs aud assigns.
luis defendant admits ana aYelb lhat had Alexander
T. eWarL left surviving him tls drfenuant, s widow,
bu netner iathrr mother Drothef ssti OF
OF titueI aud upon Information ana Drhri TINS ueeuu
ant deuits that said Alexander T. stewart had or lett
tue collateral reauyos alleged ~ said comt alnl or any
known colatcra heirs or reatyes' and ins defendant
upon Information aud bcef denies tha the persons ~
IL s.1 C,Uuaiut alleged 10 be collateral hCIrs-utuw
al iLe lid Alexander 4. Stewart, such collateral
neis or the diagram Tor that purpose set ioitn ~
tl sid COMPLAINT contains the chain relationship Of
Inc persons neren named % tue said Alexander T. sew
the gree Of relationship therein specified or drsguattd
Is the degree Of olauuDslip OF tue several pcrsous
Bg mat the defendants or either OF them alleged IN
saId complaint be hrd cousins Of said Alexander l.
steWart ON the side Of VI mother Margaret Stewart or
0tefWise are such tllrd cousins, aud whether OF hOt
tley arc grandcndren Of George Turnes and whether
Tuuey, wuetuor or not said John Iulney was ino
father said Mararct Stewart tnls defendant denies
auy kuowedEe information sulclrnt % form belief
Tnis defendant, Curneha NJ stewart, IurtueF aleS.H
that uuder tue Will OF said Alexander stewart o. duy
acgurcd tno absolute tile 10 aud unqualified possession
Vi o. ",i w., I when The sad Alexander T. Stewart,
died ,e zed and nat frUm the me Of the probate Ot
sI will as Aforesaid, until ana at tue tne OF inc cou
,.nt 49, ~ tLIs sctlUu sne was ana has ever since
continued 10 be and now is In the actual and
absolute possession and Owneibhip OF an OF 5alu
property, except such portions tuSieGi as ,i' fno
duly conveyed by deeds duly executed under heI
hand and seal and delivered To the decndants, George
I-uroe. ChaiIes r. Clnch CUrnela 3. Butlur aud
,ury milton and which said prenrcB 20 conveyed bl
80 a.. and were Al tue time OF the commencement OF
ts action IN tne absolute posse sion Uf the m respec
live grantees. claiming To own tue Same nj virtue o
nc 9goiyeylncrs rom this defendant, and excepting
80 ectsiI preises iu and BY said Will ICasy gwen
for ie 10 tuo parties for That purpose named III bhd
TINS defendant further MES that either Of the plain
ts or either OF the deenduHts excepting TINS DEFEND
ant aud said grantees named IN the last preceding
cause of tins answer hnd, at the Time OF tie commence
ment Of tnIs action, or have or ever nave had any ut
10 or possession OF interest In any oi the property O
which said Alexander L. stewart died seized ~ ai0re-
said or OF any part Orporuou thereof, or Of any
ss1id complaint Upon Information and belief
tins defendant denies that tle persons oi
or either OF them, plaintiff or defendanL ln sara
compaiut designated described as collateral heirs
OF tie said Alexander T. stewart are entitled 20 any
portion OF the said real estate IN sdld oOmpnhL u
scrbed or that the FRACTIONAL interest OF pOtuOn on
ether Of said pianuhs or OI salh deienuants ~ tp s
ar tat they or them have any possessloh OF
claim 10 Interest Whatever m or 70 salu D,ensGa W
sny prt thereof Tus defendant denies any kuOHIeuke
or Information sufficient 70 form a DtieI "be'hoI Vi
not the parties TO tbs actlon arc ~ ot i os that
Inou information and belief this defendant GENES tbHt
the planfs either of them were AZ tue tlhs OF & ,no
death Of the SAID AleAahuct c;tiyen. of ths
OF the commencement OF tis a.tVn , sS.nt,,t on in
Tfnttd States the contrary tls uelenuAut ou
ilegrd in said complaint to DO tueir ancestors
awgys were aliens, and not eitlzCha OF e Shi'e" 0''
by natu a,Lai fugtber answering upon iniorma-
tiOp aud belief denies that Tue PlaintiHH' H ,hn n
fbla action. either OF WIZ
tin,a OF the commencement OF this action now
are or ever were in the possession OF any Vi % so ~
1nenrnts or heredtaments Of which SAID Aie1ahueI
steward died seized part thereof or Oh tne
tanemeniB or herediiaments decor lDeu ~ tuo t
In ts action or OF any part thereof either AZ Joh
ants OF as tenants IN common, or othefMisei An & ~,
Iendsnt likewise denies that said plaintiffs or eer lso
them nave m respect OF said lands, or any part 'o
sny astate OF Inheritance or Of life or OF
Wherefore this defendant prays tnat 'no SOinP'"
herein may be dismissed W IN costs. a, - a rT,,,,
h0i' S DAVIEs, WORK. MCNAAEE ~ hlLIoA'
Attorneys for defendant.
CORSELIA NJ. STEWART