New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-11-10
THE srRRoGArE's DECISION RESERVED.
SEEKING TO CONTEST THE Will.

Aaron Kahn, as attorney for Mary l. HOyt,
yesterday filed petition for decree vaoatlng aud set
ting aside the letters testamentary issued to the
named in Mr.. HOyt's will, and that ali persons
LiI we Nh De cl.'u 10 slIom CisU 't
test the WILL aud way the probate OF The Will should not
De revoked, The petitioner sets ior,h
tue will OF the late Jesse Hoyt admitted To probate
on August - 1882 aud t4t letters esamentary were
Issued on H. IL IS also alleged thit tue Peutloner Oh
June y, 49, remove 70 asylum for the insane
NJ Frankfort near PhlIade phia known the Friends
insane Asy , ana that the removal was InsIs"ged oy
Alfred IL uOyt ana Samuei y. HOyt, the latter " nom
went with her and fJrclOly compelled her - 20.
After the death OF Nlr toyt tue petitioner was Drought
DacA to tie city by Alfred VI. and samuel y. H0yt
accompanied Dy the sup-rlntendeht OF the asy l ana
taken 10 the Windsor uO-el and not ner fathers
Alfred NJ HOY came TO her and IL 1arsh aud violent
language told her that she would not
that size could not 90 10 TIE cAlIch where me services
be held and chat could not her fatuers
tauuAs IAe attempts 10 pre- en cr rum GVI-
on her way back from the funeral Alfred VI. Hoyt
told ner That she must return to The asylum but that
she ueeu not stay mere more JuAh Jutee VEGAS Ou
next day after the funera, samuel HOyt came to her
the Windsor Hotel and while he was with her sue was
fathers viii. The superintendent OF the asylum was
present. HOyU that she wa not in
sane aud as SIZE believes lAidceu one Oh nerreA YES
persuade her 10 return % the asylum al once and not
to see any lawyer On tue same day samuel HOyt
caused her TO be taken Odck 10 TIC IN Tue CUSTODY
OF tue superintendent 10 WHOM she mad been Obliged To
give promise 10 return az cJldtlOh OF
her being allowed to come 70 NeYYOrk
attend fathers funeral She was kept ncarcer-
ated IN the asylum unJ september g. lss2 )r eight days
after ner fathers Will had been admitted to probate.
During ali tns time she was not allowed TO c0mmunl-
with her friends or with anyone outside o. the
as um. she wrote many letters ana SOU ht 10 have
them mailed, but tney were intercepted anu destroyed
denied al possibility Oi being pres ut IN person
or by counsel aL the probate Ol ner fathers Will
she repeatedly begged the superintendent 10 De allowed
% 20 New YOrA for tue purpose O answering the ctA-
ton which mad been served on Acr
Tie peltouer further shows that Alfred NJ and sam
ne ~ HOyt large legatees under the VIII Of Jesse
HOy who. the time OI the execution OF the WILL was
greatly under their influence and WAS greatly eArceD I'd
BIZ disease and suucrug, aud was or unsOuud
mind. Inc Will, Is ~. lner SAID, was EfO-
cured By fraud. circumyeuuOu and undue lulu dee
practi-ed by Alfred NJ and samuel y HOyt and OtueIs.
l. Is finally alleged that the petitioner lad no OppUr-
tulty 20 require al the Witnesses should ne pro
uuced and examined, and that Al rcu Vi. auu samuel y.
HOyt hd used every means TO prevent her iIon CON
testing ner fathers will Therefore, 10 have
an opportunity 10 contest the PROBATE OI Aer father
will