New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-09-29
SUMMING UP THE HOYT CASE.
GENERAL PRYOR HAS THE FIRST SAY.
HE DECLARES THAT Mr.. HoYT WAS INFLUENCED
UNpULY AND HIS DAUGHTER DEFRAUDED.


ur DycIARRs THAT MR.. HOYT WAS INFLUENCED
UNpULY AND HIS DAUGHTER DEFRAUDED.
All the lawyers in the Hoyt will contest who
have survived the flight years since Mary Irene Hoyt
declared that father Of unsound MUD ana un
duly influenced In leaving her only lIe-lntetes1 III
81 100000 gathered around the long table once moro
yesterday In Surrogate Rollinss courtroom Inc interval
had put them all In good condition for theweeks tourna
mont in summing up the announced when General
Butler sailing away the yacht America In nope
of rest yesterday the General looked as If he had got all
he wanted for Senator Evarts appeared calm, serene
and refreshed. E1-United States Distrct-Atorhey
Root was bro vi and unruned General Roger A Pryor
had fire his eye Surrogate Rollins settled into MS
chair with the bearing OF who hopes for much YET
despaireth Thcweek ahead was aweight upon his mnd
General Pryor opened the summary of the contest lie
first made the point that the burden OF PROOF
lay with the proponents. From many recorded cases
he read for setting aside will because OF undue
influence and the unsound mind OF the testator Crcum
stanal Indirect evidence would serve to prove uuue
influence "The unnatural exclusion OF an only dauBn-
ter" WIS enough SGT aside tho will. Never never
never In any court there such agrant evidence Oh
undue influence exclaimed General Pryor with hesn'
ened voice, and then he informed the
Surrogate that he should Indulge III
DO defamation but cCEinS himself sn wc a on
shows radical aud revolutionary change A. the pnr-
pose OF the testator In February $50 me e1cynoe
voluntary vein as in that OF 1870 That WIZ Is III lOrce
to-day 1t the contestant ana o coo and U
still another 500 900 II necessary The Intention Was
to property in her absolutely By tho G oss
to the very persons By Thoss maign influence sue
pryedo Of that properly secrsar gets
samuel Hoyt instead of nothing rs IN tne VIII i oi
NJ oyt and his wife 100000 EACH and he one-hith OF
the residue Reuben and his wife the same the t's.n
General Pryor examined tho evidence relating to Tue
last illness OF Mr.. Hoyt, claiming that MS m,ha
wandered under the influence OF the oplate' auids I
tered TO him and Inferred that his brain was Impaired
by this ard by his physical sH n.e s9 seeaS like
sweet bells tangled out OF tune and harsh lo maui h
tanned that the Letters written 9y Mr Sy OF de-
throned and dsordeIed intellect" lie did not claim that
M5 noyt enfe wli in'@H that he is easy
prey to the wles OF those who had DESIGNS IPch
Sn tended to SHOW that Alfred NJ Hoy the
principal beneficiary under the WILL and others LAD
not executed earlier because the ocheti'iarios
lad yet warped his MIND TO tnetF epppT r9l
pryor upon the removal Of the daughter TO
an Insane asylum and said that his aeguigseence 10 nf
would not have been given hsmnd hsdnot peer weak
why did not Mt oy Inform nun In me sHS VIII
Why was not Mr. IOyts vito Informed uhul alter us
death Of tho 6o MAKING s, ro Sa sG asylum BY the
he said In order that sho might be cited 70 atend ho
probate of tho will. aud sent back 10 TAO asylum
az Soained there 90 that tho will admitted by de-
fault on her part. Attcrward they had endcavorcu 70
Undue, her 10 go Europe and TO keep her there uht
the time had expired within which the delaHt G2I 90
onenrJ IL was unnatural and unjust for MI llOyt 10
leave an estate of SIS 900. 900 and not give adoar 70
hs daughter but only maintenance for lie Tor whch
| an. n,u.t be dcpe ndcnt those Ivy whom
| tho will was concocted. lie had been III
| Suced TO IL by undue influence. on review
~ the evidence General Pryor asked II there was not
satisfying testimony that there undue influence ad
reiterated that he believed there was no Gaze TO De
tound I'm the books where strong case Tor the con
| ,estant had been established as In THIS. -.
Alter some discussion was arranged that Nj Root
should make his argument aud II possible. conclude u
| to-day General Butsr will follow. and the closing al
drea. " m DO made by Senator Evnrtr. General Butler
TOOK an oHception tho surrOgGtos order on tls point
saving that In the United States supreme Court to
,rSicb an nppoel might be takon the rule was that IN
such case the contestant should have the privilege o'
| making the llAl argument