The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-04
THE GREAT HOYT WILL CASE.
Contesting an Estate Worth 100000
000-Pleasant Miss Irene.
The Old Story of John Brown and the Ne
gro Child Again Observation-Disclosures,
Literature and Art in New York.
prresrondence Of Che Indianapolis journal.

Correspondence Of the Indianapolis Journal.
New YORK, Oct. 1-You have published a
good deal about the contest over the Hoyt will,
but it has been fragmentary, and probably the
bulk of your readers have only a vague and
nehulous idea of one of the most curious legal
battles of this century. 1t will probably reach
termination and decision early next week, and
to-day the most distinguished lawyers of the land
are wrestling over the litigious lady and her
claims. Let me try to give coherent idea of
the celebrated case as it stands:
Jesse Hoyt, heavy produce dealer, and
leading member of the Produce Exchange, died
two years since, leaving an estate variously
appraised at from So. 0O0, 900 to 900. He
died of cancer of the stomach. He left will,
in which, after bequeathing life estate in
$1,250, 900 to his wife with power to dispose of
$3.50 900 absolutely by will. he left to his only
child Mary Irene, the interest for life on the
same sum of money equivalent to at least $780,
900 year. The rest of the estate Hoyt left to
his brothers and sisters, with a few special
public benefactions. The daughter filed objec-
tions to the probate. and the case has been pend
ing for twelve OF eighteen months, fanked by
distinguished array of lawyers. A shrewd
young Hebrew, named Aaron Kahn, was Miss
Hoyt's attorney, and he kept sharp eye to the
main chance. Roscoe Conkling and exJudge
Shipman were retained as her counsel.
The testimony of the principal subscribing wit
ness of the will, Mr. Van Santvoord, occupied
many days, and made $50, 900 words when writ
ten out. At this point the parties in interest
under the will made overtures to Miss Hoyt for
settlement. to save further litigation, offering
her 5000 900 in hand. The counsel approved the
settlement but Kahn interfered and "stirred
her up" and negotiations were broken off. Then
Conkling and Shipman received from Miss Hoyt
$1,000 each and retired from the case.
Messrs. Evarts, Choate and Elihu Root had
been retained for the defense of the will. and the
contestant now employed Ben Butler and Gen.
Pryor. Meantime an effort was made to get
Kahn out of the case. He was rapidly feather
ing his nest, having received 1872 900 in fees and
claiming 100000 additional. l never heard of
him before this suit began. He must have been
pretty nearly brieAess. Now he has built him
stylish house up town. surrounded himself with
unaccustomed luxury, got married and entered
the lists as foe to Nautilus.
Miss Hoyt who claims million or two of
money down, is, if may be permitted to record
the fact, anything but prepossessing lady. She
is over forty years of age, and looks it; is awk-
ward and ungany in appearance, and utterly
unmanageable by family her friends
That she is phenomenally fierce and
quarrelsome the testimony abundantly proves.
It is in evidence that she frequently
became Violent that she called her father
tyrant, scoundrel and thief that she
swore at and berated her mother; that she locked
Shem both out Of their own house, and her
father had to secure her by approaching through
n neighbtrs house and climbing down through
She skylight. She was regarded by her father
and mother as insane, and was for long time
confined by them in the insane asylums at Mid
dletown, Conn, and Frankfort, Pa. This con-
fnement lunatic did not take place till some
years after physicians had declared her to be
insane. and the rooms for her occupancy had
been prepared
The theory relied on for the defense of the
will is this: That the great bulk of the property
of the testator was not made by Hoyt in his bus
mess as a produce commission merchant, but
was the result of the increase III the value of
real estate in Michigan acquired and bequeathed
by his father. These tracts of land, covered
with valuable pine timber, went to the children
in equal shares, but as Jesse was the leading
spirit of ALL and possessed of brilliant business
qualifications they sold out to hi m so that he
could manage it all together. Through his care
and shrewdness the great estate left by their
father swelied fve-fold. When he made his will
he regarded this fact of Importance and thought
It proper that the bulk of the estate should 90 to
those who had renoushd it to him for Il NOM
ina price. At the same time he said, MARY
will never marry. Nobody will seek her
hand except for the money that is in it. If
leave her two or three millions of dollars she
will become the target and prey of fortune hunt.
ers. / will instead, leave her an income of $780,
900. which she will be sure of, and which she
cannot be robbed of all at time any how'
One significant fact is that the contestants coun-
sci have not thought it wise to put her on the
stand to testify in her own behalf.
The closing arguments are now proceeding.
Roger A. Pryor occupied the first day for the
contestant Elihu Root, former United States
District Attorney, and one OF the ablest Of the
younger members of the New York bar, spoke
Tuesday and Wednesday. Butter is talking to-
day, and Evarts will close l was in yesterday
and heard Root At his left Evarts. thin
and fading away, but keen eyed and vigilant,
and further along, at the end of the table, the
man who fired the first gun at Fort Sumter and
the man who fired the first gun at Fort Fisher,
put their heads together over the law books.
Pryor and Butler have about four good heads of
hair between them; Butler has none.
AS public speaker Butler is in his decadence
---in fact, he is about at the bottom of his de-
cadence don't remember ever to have heard
any worse speaker, and often listened to Hor-
ace Greeley. He generally reads from manu-
script which he holds within an inch of his
strabsmus he has a low muffied, snarly voice,
drags his crippled sentences after him in an ex-
asperating manner, and the pink which always
shines in his button hole only serves to helghten
lhe gloom.
have very definite impression what verdict
Is likely to be rendered next week. but it is
safest to keep it to myself, and not run the risk
contestant m in iail fOra
tempting to influence the surrogate.
JOHN BROWNS NEGRO CHILD"
don't remember any poet who is more unfor.
tunate in his choice of poetical topics than John
G. Whittier He likes to get hold of dramatic