New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-31
JESSE HOYT'S WILL.


SEEKING REVOCATION OF THE PROBATE.
THE DOCUMENT PROVED DECLARED NOT TO BE THE
LAST WILL OF THE TEsTAToR-A PETITION FROM
THE WIDOW AND DAUGHTER
A petition signed by Helen Maria Hoyt, the
widow OF the ate HOyt and Mary Irene Hoy the
daughter Of Mrs. Hoyt, presented by Aaron kahn
yesterday TO Surrogate Rollins. praying that citations
should to James w. Jackson. Alfred ~ HOyt and
Samuel NJ Hoyt Of the VIII Of Jesse Hoyt,
directing them show why they should not pay
at the OF $4,000 10 each II the petitioners III
Is alleged in the petition that paper purPortng to be
the last Will and testament Of Jesse Hoyt had been adj
mtted to probate in August last and that letters tesla
mentary thereon had been granted to the executors
named In the will The executors had qualified and en-
upon their duties The disposed OF by the
testator amounted more than S5.000.0O0. aud the
debts and obligations ehargeabe against IL were insig-
Bihcant. After payment Of all the debts and
legacies mentioned in the wiz the resi-
due of the estate would amount TO
several million dollars The petitioners further allege
that they believe that the instrument admitted 70 pro-
bate Mr. Hoyts will not in fact his last WILL and
that they intend to bring proceedngsto nave the PROBATE
revoked They require therefore the means to meet the
necessary OF carrying SUCH contest and also
maintain and support themselves until its determina-
ton and TO meet debts and obligations now existing
against them They have independent source Of in
come, and therefore advance OF $4,000 each, 10
them from OF Mr. Hoyt needed by them for
the purposes mentioned IN their petition and for other
purposes. The advance they ask, should be charged
against their the estate whether that interest
established 10 be that Of egaees under the Will 10 De
contested or of heirs law and nextofkin After tho
payment OF all and all legacies In the will entitled
priority the legacies Of the petitioners there
would be left about 33 per cent OF the estate.
It also declared Mrs. HOyt since the probate or
the w requested the executors 70 furnish her with
money that they have refused to do In conse
quence OF this refusal the part OF the executors Mrs
Hoy has been greatly for want OF money
Surrogate Rollins granted the application for order
why the should not advance the
asked for by the petitioners The order to show
cause made retunabe November 8. 1t Is asserted
that Roscoe Conng been retained to act as counsel
for the petitioners IS also SAD tha as soon as rro
gate Rollins shall have granted the rehef asked Tor IN
bate Of the will Will be begun
Alfred NJ Hoyt brother and Of the executors OF
Jesse Hoyt was not able TO see reporter VINO
last evening His son said that Mr.. HOyt was sick and
would not be able talk about the matter AFTER con-
sultation with his father the younger MI hoy1 sdu
that his father had not been served with any order 70
show cause and did know OF any proposed action 70
contest the will such being the fact ne thought that
nothing ought TO be said about tie case. -, g., =,
The reporter also called at the house or Samuel NJ
Hoyt. at No 2ol Park place Brooklyn He Is another
brother and executor OF Jesse HOyt MI HOyt was hI
seen, but his wife said that he hadn't anything to lido
The widow of Jesse HOyt was seen at her home No;
gentle face and manners and pleasant voice YES ~
Is true she said frankly the reporter that contest
has hecn retained as counsel hardly know how
much | ought to say about it, because 1t Is aim tle
hands OF the lawyers. But may say that the contest
will not he much my account as for my daugheTi
is, think, justified in believing that as an ohy ei
he was not fairly treated by the WILL and we are advised
by competent persons that the will can be set aside You
sec Mr. Howl ind been sick very sick for months when
he made IT. IL was such sickness as must have had its
actually insane But his mind then in such weak
were with him and around him when the VIII was made
that IL yes nothing absolutely 10 his only child but
only life estate in small portion of mis- property that
the management OF the properly Is pII INTO sS ia b
control Of these brothers, we feel usted IN pc
Aevng that undue influence was ied oy Il5se
tons between myself aud my husband and Ior my sell
alone | should not take this step but 90 IL IOr my
daughters sake Mr.. HOyt made one former WILL but
it long time ago when his properly was III scn u
different shape and his circumstances We're so different
that would not apply 10 the present circumstance
| don think ought to say more
PROVISIONS OF THE WILL
Mr. uoyt by his Will bequeathed the sum OF $4,000 to
James W. Jackson his confidential clerk. he directed
his executors to aside $50 900 for the use OF his
| wife during her life. Mrs. Hoyt was empowered &c
dispose Of the Of S7500OO by viii. tue remaining
$500 900 to go to the children Of Alfred NJ HOy Reuben
Uovt and James H. Hoyt brothers of the tesator. Mr.
| Hoyt next directed bis executors TO set aside
! Al 100000 for the OF bis daughter,
Mary Irene Hoyt, during her life Upon
the eath Of the daughter this sum Is to 90 to the
| III
qeat he'd 100000 hs sister, Mary HOyt S2OoOOO TO
brother Samuel " HOyt 100000 70 his brother Alfred
NJ Hoyt; 100 900 wife Oh Alfred NJ Hoytj rIOO
600 TO his brother, Reuben HOyt; 100000 70 the we
! OF Reuben HOyt; $4,000 10 the widow or James H.
Howl: SOS 600 to Mary " HOyti 100000 to Alfred NJ
Hoyt In trls for six children IN equal shares, and
800 900 To Reuben HOyt trust FOR his FOUR chden
lie also bequeahed 10 each OF his nephews, Jesse ana T.
r. Hoyt the one-fOurtn part OF his share IN the net
profits or the OF the partnership existing De
tween him and j. NJ. Haze.tine and Edward AMMAN Inc
| executors who live in New-IoTk, were directed 10 pay
the testat6r- subscription the stock for the extension
| OF the Wisconsin and Michigan Railway Company
They were also directed to provide Tor urthef SUD
IcrntOn of S25O0OO account OF his interest In he
Milwaukee and Northern Railway Company, II advised
to do by Angus smith. and II Mr. smith sh0uu stD-
scribe for "A Ike amount his own account Mf. hOyt
also directed his Michigan executors 10 give certain
lands III East Saginaw the city, 10 be converted lntO
a Dork and 10 convey suitable lot TO trustees upon
whcn a building should be erected for library and
| readng-room. He devised $4,000 as a fund Tor the
erection OF tue building and 100000 FOR the purchase OF
library. All the OF Mr. HOyts estate was gwen 10
nis executors in trust for Mary, samuel ~, Alred NJ
and Reuben H0yr and Jne daughter OF James bOJ Ie-
ceased. equal shares. The vii W Us da1t0 june 20
/