New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-16
LAWYERS IN THE HoYT CASE
rwo QUESTIONS BEFORE THE SURROGATE.
,v.,1. MISS HoYr HAVE $s0,O00f-wHAr SHALL
I.s HER FORMER COUNSEL HAvE1

MALL MISS HOYT HAVE @oV,VoV
100 HER FORMER COUNSEL HAvEf
There was a large array of counsel In the sur
,oeates Court yesterday representing the parues ~
s.erest IN the contest In which Miss Mary irene HOY
seeks to set aside the Will Of her father jesse
rvJudre William Fullerton, General Roger A. ~.
and Frank J. Dupgnac appeared for the mo'o .s
che executors he directed to pay 10 MISS my -, n
allowance of $50, 900 for her Maintenance -.
Choate United States District-Atorhcy "oos .. ana
-. e.,, with Aaron Kahn objected 10 the procoo"
..u Mr. Kahn has been Iad for MS services "'
- .srs for Miss Hoyt. Roscoe Conklng ana ex-Juoge
sh,nmau. who were formerly counsel TOT MISE hoy'
were not present - ...
Mr. sewer declared that Mr.. Kahn, who was the
-. =, reeord could not be removed without an
order Of the court substituting some other lawyer In MS
,,ace and that this application should not DC gtahu
until Mr. Kahn bad properly dismissed anu paul
Mr.. Fullerton replied that while he hoped s"i.
able provision would be made for Mr. Kahn THIS app
cation for $4,000 could be made properly by another
,awvrr MI. seweu said that Mr.. Conkling and Mr.
sh,nman. whom Mr. Kahn had been authorized to
employ as counsel also to be aken care
Oh, ,Ss Woman amy reckessy and hecdcssy desired y
fey are sent of. say that female eccehtrclues s"V
mst be tangst wholesome lesson. Stop this proceed
ing order reference to ascertain whai ta
a0h they viii speak for themselves" Mr.. fullerton
san .hev NAV or NAV not ans wered Mr.. sewell. "They
are modest gentlemen and do not often appear III S"0
Mr. Fullerton said no had only come into the case
>nan Mr. Conkng had told him that he was no longer
an A. and he considered his duty to act for MISS iov
An affidavit by the executors in oppositiou 20 .ao
motion for allowance was presented DIV MI LII, Nno no
n act fort that In years and eight months since t
Asath of her father Miss Ioyt had received Sl0Sooo m
which had been paid by order OF the Surogats
This was ne Rrly the income TO which she was ehtte
upder the will they not at liberty 10 pay 10 heI
any Income which has accrued ana they protested
AGAINST the payment Of $4,000 or any consideraoe
sim II was declared further that only minor portion
of the los 900 had been applied to personal
that 600 had been paid Mr. kahn and tha ID ner
present eccentric frame of mind she might easily be
made the prey designing persons and she received
the 200 she would be left without income ior
long time to come. -. .. .u
Mr. Choate said It was for the Surrogate to say
whether the income should DO paid to Miss Hoyt tnat
was TO como during the next two years under THIS
will which was not likely to he broken. - ooo A.,
Mr. Fullerton maintained that the 81 10000; the
,ncomc of which under the will is to go to Miss ioyt
sbold have properly invcsto1 ana shc snouu oe
literally provided for directed in the WILL br Sewel
said tho $50 900 paid Mr.. Kahn was largely TOT the
expenses of igaan; for professional services ne had
Jioyt had purchased dwelling and furnished II Ior
about $4,000 had given her attorney $30OoO ana that
left S2s 900 be accounted for for two years That
was not enough TO worry about Now. ne sal0, she
"a without means. She hasn't 81 900 In the world
She won't have anything In two weeks II ehe gets
$4,000 now" retorted Mt. Choate
II finally agreed among the lawyers mat Doth mr
Kahn and Mr. Dupgnac should act attorneys for Miss
Hoyt for the present ard Judge Ashbel Green
Mr. Kahn. On the motion for an allowance the decision
was