Los Angeles daily herald., 1886-11-02
MFRS. WARTS
Li.tof the Lucky Aegatees.

New YORK, November 1.-The will of Mrs.
Stewart, wife of the late millionaire, dry.
goods merchant, was filed for probate to-
day by ex-Judge Horace Russell, Henry
Hilton's sonin-law. Citations were imme-
diately issued to the heirs and next of kin,
IN ade returnsbie on November 18th. In the
instrument Mrs. Stewart bequeathes $4,000
per year during life to her brother Charles
p. Clinch; to each OF her sisters. Anna, En-
ma and Julia Ciineh, she leaves an annuity
OF $4,000; to her niece, Sarah N. Smith, she
leaves s250,000; to Cornelia s. Butler she
leaves 100000. and to each of her chill
dren. Lawrence and Charles S. But
Ter, $4,000: to Kate a. Smith, $780,
COO; to each OF the remaining children of
Sarah n. Smith. namely Louisa, Ella, Bes
sic and James x150,000, to each of the chill
dren OF her deceased sister Louise (formerly
wife of Charles Z. Butler) namely, Rosalie.
Helen, Virginia. Lillian, Maywell and Pres
colt $4,000. All the rest of the estate, real
and personal, she bequeates to Chas J :.
Clinch, now of Paris, and Henry Hilton, of
this city. None OF the legacies are to be
payable until three years from final probate
of annuities and until six months after
such probate. The executors to the will
are Chas J. Clinch and Henry Hilton aud
the witnesses to the instrument are Henry
E. Davies, james Henry Work and Edward
b. Hilton.
The will is dated July 5. 1877. In codicil
of the will she revokes the bequest to Henry
Hilton of one hall of her residuary estate,
and instead bequeaths him one-half of the
residue of her property and estate in trust,
to collect, receive, manage, control, sell and
apply the same to the following purposes.
TO complete the Stewart Memorial Church,
now in course OF erection by her at Garden
ttxrT Tglo md % nd m Nal a
that is necessary to make ii u Tree church,
and cathedral for the Protestant Episco-
pal church OF the diocese Of Long Island, to
endow it with as much morey as will main.
tain 1t forever, with provision for the Bishop
of the diocese and his assistants, to
construct two buildings TO be attached to
said cathedral and endow tsem with such
money as will sustain them forever, and to
erect such other buildings as the cathedral
and semiuaries aud schools may require.
All these buildings are to be erected on
Mrs. Stewards lands, there known as the
Hampstead place. These buildings when
completed are to be conveyed to the use
forever OF the Protestant Episcopal church
of the diocese Of Long Island, or a corpora
tion known as the Cathedral of Incarna-
tion in the diocese of Long Island, and one
half of her residuaIy estate not devised is
to ne applied to the above purpose. If any
heirs become party to any proceedings to
interfere with the will or any provision IN
the will IN his or her favor is cancelled.
The codicl Of the will is deted May u,
1878.
BY another codicil Mrs. Stewart author
lies II lton ia regard to tho share and por-
tion of her property devised and bequeathed
to him in trnst, 10 lease and dispose of from
time to time as he shall deem eXpecieut
all such acts to be valid and as eftectual az
II made by the testatrix, and all expenses
to be allowed to him without further proof
than that they were actually made. Judge
Hilton is empowered TO divide any
surplus among the legal heirs. He
is empowered to appoint substi-
tute trustee or trustees to act
in his place for any desired period,
and at will, and to revoke such appoint
ment and by will to appoint his successor: :
provided, however, that such trust shall
not continue longer than the lives of Kate
A. and James G. Smith, named in the will.
Stewart bequeaths to Sarah n. Smith and
her heirs, one equal part of the share in
the estate granted to her nephew, Charles
J. Clinch. She gives S25, coo to be distributed
by the executors to her household SER
wants living with her at the time Of her
death. The last codicil is dated November
80, 1855. After stating that the Cathedral
and St. Pauls school at Garden City has
baeu completed and endowed she revokes
all former clauses to the will and codicils
thereto except that the trustee Is empow-
cred at his discretion to build and endow
seminary of learning for women as de-
such other institutions and buildings con-
nected with the Cathedral as may be neces-
sary. Absolute title TO the property is
vested III the legatee to convey aud transfer
the property in accordance with the pro-
visions of the will and c0dicils.