New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-02-27
THE STOKES WfLL CONTEST.

TESTIMONY ABOUT AN ASSIGNMENT TO W.E.D.ST0kES.
The examination of witnesses in the contest over
the cDdicil To the will of James Stokes WIS resumed
yesterday before Surrogate Rollins The testimony
related to assignment ny Mr.. stokes OF an undI-
vled fifth part of his interest In the firm OF Phelps,
stokes " 10. to his son William Il. ID. stokes. The
assignment carried with it tho accrued prohts on
the part assigned since Jauuary l. 1879. At the foot
Of the sigunelt appeared these words III the
handwriting OF Mr.. Stokes This - uowise an ad-
vancement signetD James Stokes"
Alfred T.. Stllm1n. formerly bookkceper for the
firm was the first witness. The assignments was
SHOWN him. and he said he had never before seen
the original. but ne had seen n copy after Slr.
Stolles's ieatn Mr. Bangs fer the contestant, then
put IN evidence several entries from the accouLt
filed by the ten porary administrators. Int total
value of the estate by this account Is ,ZoIz43.
The amount claimed Big William h. d. Stokes Jnder
the assignment IL included IN tao account, and
marked subject TO his claim
George MFRS Il cOOred waiter, formerly employed
by Mr. Stokes. signed the assignment ~ q witness.
He testified that Mr.. Stokes y man OF regular
habits and usually went down town about 10
O'clock He had neyer'seen Mr.. stokes transact
business mt nome. The assignment was shown To
the witness. who identified has own signature but
was unable tn say that he had ever seen the piper
before He did not know neither the words 4" TINS
ia nowiss an adv ancemcuF we're on the paper when
he witnessed IL. On cross-examlnation be siId thai
he was Ia the bItler's pantry when Mr. Stokes CAM.
TO him and asked him n he could write. lie said
no could, and Mr Stokes told aim 10 come into the
library and witness the execution Of paper. Will
lam T.. ID. Stokes IN the library. James
Stokes sig ed the paper and told the witness where
90 sign his name. lie did not remember whether
Mr.. stokes signed the rEpcr once or twice. but ne
saw Mr.. Stokes simply write bis name.
Arthur B. Elliuau sad thTt be had Kept Mr.
Stokes's private books He had never seen the as
sIgnment before but mad seen copy OF t after MI
Stokes's death.
Frederick = Olcott said no became a member of
the arm of Phelps. strikes * Co. on January |, lSSo
lie had the general management of the aiairs OF she
% CO. ar Stokes never Consulted with MN about
business. lie coul,l not remember with which OF the
partners Ire had consulted about business matters.
The partners weTe absent from the office u great
doal. He had seen the assignment BEFORE but
70 week after M. Stokcs's death William +. ID.
Stokes had show hun copy.
William +. ID. Stokes was then called to produce
the original or draft of the words which had been
added to the assignment. " This is nnwise AN adj
yaucement." Mr.. Stokes hen asked II he produced
tire original or draft. said he dId not Mr. Bangs
asked hm TO produce for inspection certain other
papers. Mr.. ENerts Obrcted saying that Mr. Bangs
was not entitled % see any OF the papers belonging
To the other side uni they pat them in evidence.
Mr.. Bangs insisted that he bad n ght To SEQ
paper befors 70 was pat in evidence. long dis
cusslOn fuowe ed and the Surrogate reserved his de-
cision. The case will be continued to-day.