New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-11-10
THE WILL OF JESSE HOYT.

AhO dSuuenG on Ule motion IOI III OiucA
directing the OF the will OF the late Jesse Hoy
TO a1vance to Helen Maria Hoyt, the widow and Mary
Irene Eoyt the daughter OF the tesatOr the sum Of
$4,000 each for the purposes OF their immediate main
tenance and support and 70 enable them to take the
steps to have the probate OF the VIII REVOKED
w neaIu yesterday before Surrogate Rollins li9.cOe
3one ing appeared for Mrs and Miss Hoyt and Emu
ho9t TOT the executors.
interest tn the % $50 600 with the power 10 dis
pos by wi OF $4,000 aud to Miss Hoyt lfe interest
without disposlng by will Of the OF S750000, the
principal sum OF Sl,25OOO0s to % to the children OF
Miss Hoyt also to go upon her death to the children
o. OF Hf; Hoyts brothers. Mr.. Hoyt also IN made
ms ms sister Mary Hoyti 100000 to his
aa IL 70 TQ @e AZ Ri NJ adgI
SiOO'OO TO his brother. Reuben HOyt; 100000 10 the
Oyt 20 900 10 Mary y. Hoyt; 100000 10 Alfred NJ
hyt In trust for six children In equal shares and
toOOpo to Reuben Hoyt in trust for his four children
10 tsh OF the tesatOrs nephrWs Jesse and r. X HOyt
was given Oneourth part OF his share ia the partner
sulp EXISTING Oe-we him and j. NJ hazcltlne ana I'd
gan Mr Iioyt gave all tine residue II lis es ate TO hi,
executors IN trust for Mary samuel y. Alfred NJ aud
htuoeh hoyt ana the daughter or James hOyt, ue-
ceased, In equal shares.
In the petition for the order directing the executors to
adf ahce $4,000 each TO Mrs. and Miss Hoy Il al
cgd at the executors have refused 10 furnish the pc
tuohers Win any money with which 70 meet certain
ana that they have no other resources. II IL also
sald tlat the petitioners believe that Mr.. Hoyt
p. =.
h ahd Was under the undue influence OF his nrotners
hg peoneTs therefore intend to take legal steps u
nave the probate OF tine will revoked.
ARGUMENTS OF Mr.. ROOT AND MR.. CONKLTNG.
Eilhu Root for the executors. moved to dismiss the
peuuon, upon the grounds that the petition dld hot
sO" that any allowance was necessary Tor the support
OF the petitioners and that It dld not show that the pc
t0ners were legdtees under the will OF the late Jesse
Hoyt WITHIN the meaning OF the statute In regard to
the first objection, Mr. Root said that t must appear In
the petition that the allowance necessary for the
education and suppor Of the petitioners. The long
o
wanted an allowance 70 enable them, not
Mt HOyts will Mr. Root en- called attention 10 the
provisions Of Mr. Hoys viii 10 show that Mrs and Miss
Hoyt were not legatees within the meaning OF the
the effect mat property aud securities the
amount of SI.25Oo6O Should be set aside
rom the fund should be collected by them
and pald over to Mr.. Hoyt during her life.
The provision IN fayo- OF Miss hoyt was similar to
former Tue 7sh o. dposing OF any sum by her last will
ann 5 81 ~ 3 600 thS ne M ,o og b hI 5co In
III the most bOuneous and pientul manner Ihere was
not doar OI me c0rpds OF me btqucsts IN favor OF
either Mrs or Miss Hoyt to winch either OF them would
ever BE- entitled. The provisions Ia tie will were simply
es ameu'ary trusts and not beGues II the executors
made any ADVANCE 10 Mrs or Miss HoyI ~ must 90
Ou VI the income Oi the fund mentioned IN the Will and
not out OF the principal Until the income had accrued
the executors WOud be personally liable ior all advances
10 Mrs. or Miss liOyt which tney should make. Mr..
Root said ~ conclusion that the executors were now and
AWAY uiu hech ready 20 supply MIS- anu h7' no
with all the money which they needed or desired for
their maintenance anu support, but that they did not
eC tat was consistent WIKI 1AcI uAty 10 pay II5c
their attorney FOR services yet to be rendered.
Mr. Coukng, reply to Mr.. ROOT, said lee would re-
ceNe the beucFOent intention on tHe part o. Tue tA-
eoutOrs 10 -peuse aims 10 Ir- au1 Miss HoyJ with Oe
coming gratitude. In future proceeding ne would re-
CAL tie attention OF the surrogate 10 the declarations
wucu had just been made In "euai OF the executors
In reply 10 NJ Roots argument that the petition ud
not SNOW that Mrs aud Miss HOyt needed an allowance
Ol tuclr support, Dir COAkIns referred 10 tue all gallon
tne petition tuat an allowance tor " The necessary eN
| pcnsos OF Maintenance and household affairs was
asked. Iue petition showed mat Mr.. uOyt had LETT an
estate valued more nan Ss,OOOOOO In this vast es
Iioyts widow and only yhter took interest which
! OF sufficiently langlbe nature TO be called BE-
quest The petition showed that Tue executors had re
fused 10 advance ceul 10 Ms and Mis-, HOt although
MI nOyt nad been dcad several months. Repeated re
quests nad Decu made tOtAc e1rcutosaHd thetteqeSt
had always been refused or Ignored The executors
could not he allowed tue petitioners into sub
mission ana 20 terUIy them mo giving up their luten
ton TO institute proceedings to test the validity VI
| ur HOyts viii. In Te.aid 10 the objection 10 the
application Tor an al vance that Mrs. and Miss Hoy
Mere not egatees under Will, Dir. COnkng said tna
l. was lucouc-iyabe that the objection should be valid
1r. Root here adml ted tnat perhaps Mrs. and MIS-
Hoyts Interest uuuer the WILL Was such as 70 enut'
tu,n 10 an allowance but Lac i,is. that the petition
dI not snow tuat there Voc any Income as yet ron
wmcn the allowance could be made
Ar. Cooking declared tAat was not ce7-ary 70 %
this The statute was genera. One-oHe 10 enable tue
Surrogate 40 hnunr,s u u ptnac Jutues7 against
a. .-uIp and oppression. liz cIugac cried rs mon
-trou- the provision H the Will by -" lien Al-- Hoy
GOA no m erect which, n Sue married And lad children
sue eoud .r,.,ult 10 Aer children.
In. Surrogate here ASKED II the executors insisted
md i.- Hoyt uau no absolute right t0 the whole IN
come of fund mentioned IN tine VIII but ouv 20 so
iur as tne executors should tnA IL proper % give ner
l.r l,Oot said that he h4d NOT co sid rcd that
matter The executors had intend d to
ao" Miss loyt whole OF th- income OF the fund,
uc-s iury oud mud tnA she hau become the prey "
.ll. tin--Inen as yet you nave withheld the
income SHE become prey OF designing per
Ir Eoo-The executors have not withheld The income
al.
ArFDAyIrs OF TIE EXECUTORS.
Mr.. Root then read the affidavit 81 samuel VI. Hoyt,
Aired VI. Hoyt ana James W Jackson the executors OF
Ar uuyrs viii. These dilddYits IN substance admit
tutt the executors not set aside the S@JOO,OOO
tllst FOR the benefit OF MIS-. hoyt ana Miss
HOyt, bur declare that this cOuld not properly
Dc done, because the executors are liable
To called upon the payment OF large sums pur-
su4ui 10 contracts made Dy az 10Y curing 1ls NE
20 with New YORK.. Lake Ere and Western Railroad
I6 "rcntors are 1Oc to be called upon pay
81 100000 Tor building ana rebuilding expenses con
utceu with Lie grain elevator. Under the Will lie
Executors are drrc ed to pay $50 900 for road stock
sub crpJous addition 20 about 90 OOJ already paid by
item Tue executors also are uaoe LOI PttU'OVO LOI
stocks winch formed part OF the estate
Aiureoser, It j. averred that the expenditure for
nav, Alcu, VIII call for $4,000 more. Ine to,al
expenditure Tor wnich tue estate Is Iiaole IL
estate Is the h4nds Of William l. Weber, tho
Michigan executor The executors a.sO aver tIt' WINE
rne e-ote ~ ample 10 meet an c'Ia anu lo ~
c-acies under the Will, 10 you'd not De are To tlhe
S-,5OUUOOof the most available secure' Uu- oa tle
esate until tue general adInnstraIlh uA' proceeIou
lar enough 10 produce an available tuud, sSlde
rom the S2,jOO.OOO securities, from which
calls for money could be met In
te meantime and before such point was Ached, the
Executors say they gwen notice OI an intention 20
he allegations for tie revocation OF the probate and the
consequent Interference wIlh the progress OF the admin
srldon. They asser: that curing L-e une 3eiore tine
trust could be set aside it was tnelr lnten-
non 10 advance all sums necessary LOT
tne support OF Mrs HOyt and Miss HOyt up 10 tue
ami u income Ich would have been realized had the
rus Dern aside. Iney say that they explained nrlr
in eutlous " DeneuoR1es uuuer tue viii, ana Iur-
,,l, mem vftu blank gratis tue estate Tor the pur-
no.r of drawing wnat money they needed. As matter
of fact NE beueCIarcs drew and were pdlu FoOOO anu
M tst pavu-tt was made after the executors hau been
81, Ell TO appear in The present proceedings
Inc executors say tncy never re useq 20 pay any
d. n 1cpt the one for $1,000 IN favor OF Aaron Kahn.
Iney declined pay tnat aud also tue demand su03e-
1Iirntly made by Mrs HOyt fJr $4,000 because they
wrrr aware that Kahn trying 10 ma ground on
wulsn to set aside the wal. and t.dt lie held
VIM he