New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-10-09
Ing elocuton and hoped to go the stage. lie had
sonl above horses and was bound to rise
MIR. EVARTS ON JESSE HOYT.
THE MERCHANT A MAN OF SOUND MIND
EVIDENCE OF HIS STRONG wILL-GENERAL BUTLER
DENOUNCED IN HIS ABSENCE.

EVIDENCE OF HIS STRONG WlLL-GENEhAL DO iLHi'
DENOUNCED IN HIS ABSENCE.
When Senator Evarts began his argument
for the proponents in the Hoyt Will case yesterday oN!
seat I'm the surrogates Court occupied except la'
~ General Butler who present during the da!
Many who could not obtain seats stood whlo Mr. Nars
was speaking Every who undertook the cohuuo'o Vi
q probate case Mr. Evarts said. understood that the
topics of Importance the eye Of the law were rev anu
well Defined and this State the tenor OF the declsoS
was we'll settled 1t was for the Surrogate 10 determo
how much OF the testimony when spreau III
n mass before him had bearing upon the points aI
ISSUE In regard to the questions to be CONSIDERED III
this case IL must he borne In mind that the VIII stoou
for the reason and IL to be decided whethcr INC
tcstator was of his faculties II must be assucu
that man was until ne was proved 10 oe o'ho'
wise. 1t appear that this testator was Oh souu
mind and at the time that he maze MS WILL
and It was for to show that there was co
ercion or fraud The general circumstances and rea
tions OF the testator to those around him must DC
considered In connection with tho question OF unuuo
influence, and habits Of life and business me'houS
in connection with the question Of sOundness or un
from boyhood up Mr.. Hoyt and his lawyer, Mr. van
.ntvOcrd TO the inc Of Mr. Iioyts DEATH maze IL si
necessary explore tho amount Of Intimate KNOWLEDGE
that trey had Of each other These mon had sustained
these r5;aous before the eyes of an VINO R RSw
ana in all their transactions 1t IVA, was S evil
S fc tna Mr. Yam santySords long and successful
career and his having become the depository OF the
bnsiness secrets of nveeghths the great produce
merchants IN this country they to listen TO an no
yocate when with the venom OF his tongue anu 'ho uo
ness OF his surmises, he talked about MIN III
terms of derIsion AID depreciation When Mr. Van
Santyoord in tho case as Witness nc caho 10
Mr. p vaTts sketchcd the business career Jesse oyt
from the beginning, when IN 1892 during INC vistoo
to took charge barge Of tho business interests Of Of
his smPIoyCTs , one and r wU away The life Of
Mr. Hoyt as he was known in active business ne was
a challenge his opponents TO reduce Dy thG % d
hair the measure OF the prod0mnance OF MS mhI uiu
Will in his relations with others. Mr. Hoyt trusted ms
brothers aTd me ounr man ana whom he hc
would believe quicker than he Wohu peiieEo ~
D"nId NOT Tepeat lie sketched the domestic life of
Mr. Hoyt and spoke Of his only daughter as one III Who
ents centred In 1882 on sick bed, Mr. HOyt considered
the position that should be made OF his property hH
of his unfinished enterprises and made VIII III "h'l
were found evidences of his serenity ana clearness o
mind at the time it was made MI EVarts c i
the provisions of the WILL declaring that the clauses ~
which arrangements were made Tor SUBSCRIPTIONS w
railroad stock and for other BUSINESS matters were
Mr. Van Santyoord, OF his brothers nephews OF con-
fdenal clerk Jackson ana may 1S 'H NO. oy ~ Vic
was satisfied with the income OF l2ooooo Wncn wa
settled nnon her and that his daughter ought 20 be
satisfied with like provision. The entire expense oi
Mr. Hoyt's household did not exceed SlOoVO = SooHI,
and his daughter was to have an income Oh soooo'O
When the last will was made Mary Hoyt's condition
was different from what 1t was when the will Of 1873
was made IL was his duty protect her from gamblers
adyenturers and fortuue-hunters For the proponents
ten witnesses untarnshcd reputation had been pro-
duced and they should be believed The contestant ha
nineteen witnesses What they what did thcy ana
Aaron Kahn prove I ,.-- .,
"He bought hat for Lynch, ono OF the Witnesses
cried Mr. Root. , $500.
"Ycs" responded Mr.. Evarts, and how much was
that Now he wants $500. The hat cost - o. Inc
rest is for the head. suppose .,.. ~, ,., q,
Drs Hamilton and Sayrc before the surrogate TO tax
about the Will Of hypothetical testator " II mas been
ness suffered tn ITCH and that he necessarily was
Incapable OF making Will, that ms NINA was wrcckeu
n mis- be true what becomes OF the great scotch Ma
oul IL goes by the board nj Once-thc great scotch
Nation OF which John James stephens sara: Every one
is entitled TO an-ichc In the temple OF fame
Mr. Evarts will continue his address this morning.