New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-29
THE FIFTH AVENUE HOTEL LEASE.
CLAIMING A ONE-FOURTH INTEREST.
A SUIT BROUGHT BY TIE HEIRS OF PARAN STEVENS |
AGAINST THE LEssEEs.

A SUIT BROUGHT BY TIE HEIRS OF PARAN STEVENS
AGAINST THE LEssEEs.
Mrs. Mary T. Paget and other heirs and those
interested in the estate of the late Paran Stevens nave
brought suit in the Superior Court against Messrs.
Darling Hitchcock e. Co.. the lessees Of The Fhth
Avenue Hotel and the executors and trustees OF the
estate to OnefOurh interest In the lease OF the
hotel property. The plaintiffs, besides MrS fage''
are her husband, Arthur II. f. Paget Henry L.
Stevens the OF Paran Stevens; Lord Alfred Henry ~"
get and Gerald c. s. Paget trustees under the marriage
settlement Of Mary F. Paget and her husband and Henry
s Stevens individually The defendants are Alfred b.
Darling Hiram Hitchcock and other persons In the part
nershlp unknown; Mrs. Marietta r. stevens the WHO"
of Paran Stevens executriX, John L. Melcher anu
Charles G. Stevens executors OF the VIII OF farhh
Stevens and trustees Of Mary F. Paget under the VIII;
and Arthur Ieary "a one OF the trustees named In tho
marriage settlement. The complaint. which occupies
some thirty printed pages sets fourth that on july 20
1873 Mary Stevens in contemplation OF her approach
ing marriage with Arthur Paget conveyed to the
plaintiffs Henry L. Stevens Alfred Henry Paget "(cOh
monty called Lord Alfred Henry Paget y Gerald s.U Pa
get Arthur Leary certain interest In trust to when sue
might be entitled by her fathers will Arthur Leary was
the only one of these who declined to accept
the trust and he perstontly refused on December IL
1868 Paran Stevens, who had leased the Filth Avenue
Hotel property from the time when the hote was open
ed in 1856, renewed his lease from Amos h Emo inc
August l. 1871. The annual rental was to be
5000 600 An April 81 1862 Mr.. Stevens took into the
business as copartners Alfred B. Darling, John L. Mel
cher and Charles W. Grlswold. The partnership con-
tnued until April o. 1872 the date OF Mr. stevens death
Mr.. stevens left his heirs his widow, Marietta H.
Stevens; his daughter, Ellen Stevens Melcher the VIE OF
John L. Mecher; Mary F. and Henry L. Stevens In his
will which bore the date OF July 10, 1869, Mr. Stevens
amounted his widow Mr. Mclcher, and Charles c. stevens
executrx and executors Of his estate and n-trucedthem
10 retain and carry the interest in the hotel properly
according the OF the lease. After various be
ouess by one Of which he gave his wife certain sum In
pace OF dover Mr. Stevens divided the rest Of his estate
into three equal parts OF the first share he
appointed his wife, Charles @. stevens and MT Melcher
trustees OF fund 10 be used for the beneht OF MARY r.
after dc attn should che marry. The second share
given to Charles G.. stevens, Mr.. Meicher and
H HeRTy L. stevens, to be held for his benefit
until he should be twenty five years Old Iheh an ine
with the exception of 100000. Henry L. stevens we
plaintiffs declare Is now over yf's ou , ann -
been fully ascertaned The complaint does not me'doh
ON January /. 49, Mcssrs Darling and Grswod paid
certain the executors Of the estate which they
Asserted were fun satisfaction Of the claims Of the
stevens estate outside Of interest Of seycnwcntehs
Hiram Hitchcock fyc.fwcncihs Of the whole interest
n the lease, which was his share In the part
cock a twotwcuticths interest. leaving tnus nye-
wcntichs Interest the estate. The OF the firm OF
lcssees accordingly changed from that Of GnsW0d
Darling Co.. TO Hitchcock Darling q 60 On VI Mch II,
1879, a reduction I'm the annual rent Of the hotel was
made 10y mutual agreement ron s2ouOoO !" Slbo.Ooo
Iao plaintiffs after r,hrang the history OF lIe various
intcfc,t. aCge that at time previous o. June last
Mr. Darling went sccetyio MI Emo udunkhowp to NE
a lease OF tho hotel premises 70 hims'if Mr. Darling ~
the sole lessee Nj Eup vas persuaded TO nCceIs 70 the
request and an agreement Was made by "m'h MI par
ling leased the hotel for term of year,. beginning ON
August l. 1888 Mr. Darling aftcrwari the plaintiffs say;
other persons unknown. on June last NJ Mechcr aud
Charles q. ems executors agreed with Mr. Darling
OF the hotel sho ID be taken and that they would sell all
the stevens estate Interest u iOr $4,000 70 az any
The property was appraised ~ $4,000 Mr. Darling
paying the executors $4,000 in cash The plaintiffs.
through Mcssrs. Oin. laNc- ana MontgoiucIy theH
twentieth interest IN the new lease and accordingly de-
mand IT, They further pray that the new ca-" shall bo
and not for the benefit OF Mr. Darling IN
dIydgaly; they AK tLat the ,dgiendaini. De en-
The lease and that receiver be appointed.
The defendants counsel put IN answer that certain
persons are parties 10 the complaint who should be
omitted and that 0tAer have been LEFT ont who shonld be
nation OF tie viii of the late Paran stevens viii have to
be made this document comprises MY Soos ard that
Judgment proceedings arising from The viii win have TO
be carefully consd red They state that the defendants
are anxious O have u litigation NJ the various interests
in the lease settled by thc present suit They declare
peIty was sold 20 Mr.. Oar ing, the lease was excepted
defendan Mr. DSrg. &ad claimed the lease IS hi. in
dlyidual property, and t1lt he denied The hight
Of the executors 10 share IN 81. Tho only
thing reserved, therefore. was tho dEht 10
ltgatc the claim alleged In the complaint The puntins
therefore, the defence assert had right to bring th,
action The agreement Of sale, they say, made on
June last yet The present action Was not brought un
November II. when the papers were served on Mr. Hitch
cock Nr. Darling did not receive his summons until
November p.
Mrssr,. On, RIvcs and Montgomery yesterday, before
Judge TIuaI, argued . motion against extension OF
time for the defendants In which TO put IN their
The motion based the plea that the proposed
extension were given the case would probably not come