New-York tribune., 1884-03-25
DRAWING JESSE HOYTS WILL
coRNELIUs VAN sANTvooRD TEsTIF1Es.

sN LAWYERS BEFORE THE SURROGATE AND ONE
ON THE wITNEss-STAND.
William vi. Evarts and Roscoe COnkling sat
yesterday In the smrogates Court with their elbows
nearly touching They opposing counsel In the 'ose
Hoyt win contest, which up at IL a. M Inc t'ole
devoted 10 the In the fairly creakea WIN tne
weight OF legal lore that reposed upon 1t BEHIND the
bulwark OF summons, briefs, complaints answers,
reports silk hats, overcoats, and grlpsacRS niied
with documents, were enirenched six lawyers. Mf'
Evars United States District Attorney koot ana Joseph
Kungman represented Mrs Hoyt ana tue proponents OF
the will Mr. Conkling, exJudge Shipman and Aaron
Kahn appeared IN behalf of Mary Irene Hoyt the con-
testant who il the daughter of the testatOr.
Jesse Hoyt died August II, 1882. His viii fled
ON August 30. After bequeathng $4,000 TO James W.
Jackson his confidential clerk he directed his executors
aside 81 100000 for Mrs Hoyt for during her
life che being empowered TO dispose of $4,000 of this
her death the remaining 100000 10 to the tesa
tors nephews and neces. To Mary rene Hoyt, MS
daughter Hoyt left 81 900 TO be invested for her
use during her life, the upon her death
go Mr.. HOyts nephews and nieces. Bequests or
from 900 to S2O0O0O made TO his brothers and
sisters and to the children OF Alfred NJ. HOyt After
various other gifts the testator bedueathed the rest OF
his estate to his executors in trust for Mary Hoyt SAM
uel N. Alfred w. and Reuben HOyt (his sister and
brothers, and for the daughter Of James HOyt deceased
u equal shares The executors were Samuel N and Al
fred NJ. Hoyt, James W. jackson and William NJ Webber
The estimate Is Sl0,000000 The will was admitted TO
probate, and the comes before the Court on
motion behalf of Miss Hoyt, for the reopening OF the
probate ON ground of undue influence upon the
testator. and his testamentary incapacity
the adavlt Miss Hoyt states that for some time pre-
viOs death she confined In an insane
ssylum in Philadelphia After his death she was released
but refused permission 10 his body. On the day
of the funeral she succeeded In viewing the body After
the funeral Miss HOyt taken back TO the asylum
where remained for four weeks being then released
Meanwhile the viii of her father admitted to probate
She at once proceedings to have the probate re-
opened Miss Hoyt declares she was not insane until
after her fathers death Mrs Hoyt and her daughter
both in court and occupied seats Just behind Mr.
Evarts and Mr. Conkling. lady relative sat between
them. All were dressed in heavy mourning
THE LAWYER WHO DREW THE WILL.
Tie first witness was Cornelius Van santvOord, who
drew the will, in June 1882 and was present when Mr.
Hoy signed engrOssed copy Off on June 26 He was
supplied with ten pages of memoranda, written on
yellow paper They were ottings made by him when Mr.,
Hoyt preparing make his will Mr. Van santvoord
testihed
was called to Mr. Hoyt's house first June 20.
lss2. This was at No. 51 West Forty-eghthst was
called up ms roOm the second floor front 1t
Tuesday The shining there flowers in the
wtDdouq aud Impressed with the idea that the mis-
tYoss Ct the house was good housekeeper;
turesque do not Sec the bearing of those poecex
surrogate Rollins-Better leave ont the flowers
Mr.. Van SantVOOrd-I asked him what
Mr. Conbng-Asked whoml
Mr.. Van santvoord dn voice of thunder)-Mr. Jesse
ar. Conkinr tcamiy)-Thanl, you. Turning to Judge
shipman What does this man meant
Mr. yuSantyoord- Hoyt said he had made two willis
in 1872 one in 1S73, which drawn by William |
Uruori0n. lie said these not at all what he
wanted and they would be Of no se In looking over the
wills saw no disposition of the honse and furniture On
my speaking of this Mr. HOy said that he had no house
Jss q in the hands Of his executors in trust for
Ms HSy as to income when was W. & 70 6e eo PAD b dS TO leT
devise or bequeath that as she pleased.
Mr. COnkngI observe that the neSS Is referring TO
slnemOrandum. should suggest that ne lay that article
aside and trust 10 his memory.
The Surrogate Ito the wltness)-You had better lay 1t
Mr.. Van santvoord-very well
Nj. COnkliDs-But he holding the paper within
inch two OF him yet he had better put it out Of his
Mr.. Evarts-Itdoes not strike me so.
Mr. COnkiipg sarcastcalyj,I beg the counsel to re-
painful to the learned counsel but VIII endeavor TO bear
Mr. Evsrts digni4edlyl- ! also addressed the court
@ Van am HOyt Will Tshed to leave = 5S
Mary's use. He said that exactly what pro
vision to make for her had been very
in five parts, to be divided equally among his daughter
Mary and his brothers Samuel Alfred and Reuben and
Then he named his eKec9tors @ and signed his name 1
the articles OF the will by Mr. Hoyt had indl
cated, and he said that each ali right Some pro
that he Wished that Of the intended
for his wife should 20 TO his neees and nephews on
TO Mrs. HOyt in lieu Of dover. In the
next article provision made his daughter Mary.
To this he added that the principal Of the securities IN
which her bequest of $l,25O0OO should be invested
should on her death to her nephews aud nieees In
making his provisions there was alttle hesancy regard
ing mis- nephew Reuben.
Hoyt for not giving his daughter the Sl2jO0Oo out
Mr.. Van santvoord-He said that he feared she
would become the victim OF some worthless fellow who
would disspate her property and abuseher.
Mr.. VAN sANTvooRDs MEMORANDA.
taken, and after it Mr.. Van santvoord
al fbp NJ IN in
pencil which had evoked Mr. Conkings anlmOsty, and
then marked his notes for Identification. Mr.. Root
stepped the wit nesss side and watched the operation
while Mr.. COnking kept up running pleasantly upon
the United states District Attorney Mr.. Conklng |
mildly suggested that the testimony of the witness
perfectly harmless dr COnkling) could hear
Of it he suggested that possibly Mr. Van sanvoord
making privileged communication TO Mr. Root The !
pages OF manuscript were finally marked for dentiica-
ton after exciting struggle the part OF the |
counsel to ascertain which was A. which b. etc.
made by Mr. Van sanyoord, Alfred Hoyt, Mr. Jackson
June when Mr. HOyt having his desires regarding ms
viii put into proper shape were the subject Of in
notice while Mr. Root kept guard over the witness Mr.
COnklig interpOsed many objections and mad difficulty
cided the points Mr. Coukng finally asked Mr. sanYoord
the question raised could be decided. Not at ALL" the
witness replied little Ity should be happy 10 at
here all the we X for you and answer questions wait
at your pleasure, although should ike to get away
Thank you. SAID Nj Conkling dryly, adding sadly,
Mr. Root asked If certain changes IN the draft OF the
Will made Tuesday, June 20, Wednesday June
q, 1882.
Mr.. COnklIng 10 Mr.. ROOt-Oh, you are hard upon
your witness. You binding him up squeezing
him much why don't ask him when the changes
we're made : Don't squeeze him
The witness then stated that he over the memo
Ianda finally with Mr. Hoyt on Wednesday, June 21 he
took the papers home remained there 20 look them over
on Thursday, and Friday made draft Of the WILL
au engOssed copy of which Mr.. Hoyt signed June 49,
the Monday following. There twenty-five half
enees or IOolscap the draft will Friday
Mr. Van SantyoOrd read Mr. oyt the fourth arti
satisfied with that '' Wv"
Mr.. CoukGng-Did be say that7
nfr Gap f-,a ar,Nf,,, NJ.