New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-08-29
SUSTAINING THE HOYT WILL.
THE WISHES OF THE TEsrATOR UPHELD.

Surrogate Rollins handed in his decsi On in
the Hoyt will case yesterday stating his conclusions
follows: 81 fud that the will OF Jesse Hoyt Is in all
ngs sufficiently proved an that the rebate thereof
must be confirmed"
Jesse Hoyt died in this city on August H. 1892 the
OF sixty-esht. He left his widow, Helen Mara
Hoyt, surviving him and as his only next OF kin and
heir-ataw Mary Irene Hoyt The estate has been es-
tmated at $4,000 900 by the executors and at $4,000
0OO by the contestants The sum OF Sl,250,O0O waa
left in trust for Mrs HOyL she to have tue income
thereof with the rower to dispose OF $4,000 of the
am ount her death. The income on $1,250,000 was
left to the daughter who subsequently contested the
WILL The of the estate went to the testatos, four
brothers. his sister and their chidien The sums left to
the widow and daughter It Is conceded the Surrogate
says. involve bot small portion OF Jesse Hoyts
enormous fortune
On November 8, 1882, Mary Irene Hoyt began the
contest. She alleged that her unc'es Alfred NJ Hoyt
aud Samuel N. Hoyt, aided in procuring her ncarcers-
lion in june 1882, In an insane asylum at Frankford.
Penn that she was brought back to this city day OF
two after fathers death ostensoly to attend her
fathers funeral that while hero she served with
a citation to attend the probate of what was subse-
quently adddged to be her fathers will and that few
hours she taken back to the asylum where she
remained until eight days after the PROBATE Miss Hoyt
alleged the documentary incspacty OF her father and
charged fraud and undue Influence upon her uncles,
Alfred and Samuel, or both and other persons
unknown to herself
In arriving at his decision the Surrogate holds that
Mis- HOyts application must ne denied or granted accord
ing to an affirmative negative to these three
questons: Was the will executed according 20 the
fOrmalities OF the statuesf Vas Mr. HOy at the tmo
of sound mind. memory and understandings Does the
will express his free, untrammelled estamentay wshes
The character, disposition and career OF Miss Hoyt
for series OF years before her Incarceration at the
Frank'ord Asylum first discovered, the Surrogate
holding that her sanity insanity at the time the Will
was made in her fathers life time n5ed not he con-
sdered or the proper disposition OF the case Whether
father believed her Insane Is another matter The
Surrogate then says:
In view d.cedt personal observations OF her
MARY Irene Hoyt's extraordinary behavior for long
years. in view OF the opinions which Dr. Taco
Dr. Willard aud Dr. Dllow repeatedly expressed to HIM
regarding mental condition, IN view OF to testimony
CT Sezun upon WI ch the counsel for the con esant
unhestangy rely am thoroughly satisfied that II,
that belief whether well founded or erroneou:
sound Judgment might well .have entertained. DR.. Sc
gum who examined her ON the 23d of February. 1882
OF that examination in written statement when de-
clares that In his Judgment she was not legally insane
that the pcculiarties OF her mental condition weo |
extreme; that was of the temperament that often
ennis insanity, and that about such case rs hers.
aiSaer.s q. to Whether she had or had not passed
Ssyond the limits Of nationality That Mr. Hoyt sup
posed his daughter he insane s clearly established by
of years. have hot the shadow OF doubt, that long
before he about the preparation of this w he had
putting my views of the matter too emphatically, to
s.Seo 'n. not y %ds no co %an S of n
evidence before me, believe that Jesse Hoyt
Taxing IN 1 s oenss in ss.sas
tho objects Of his bounty tho Surrogate finds that when
made his wil. he then estaoli.hed fair and just
M sS Gs Ss sn@ 81
why the decedent NAV have thought tt those
Surrogate,
look. His confirmed belief in hcr mental alteration
might 0. Itself impelled hin abandon scheme
OF ds,r buion. which upon his decease would put al
her Immediate and absolute disposal three mil
Farihermore: lss5 aansht.r -four year.
mental health had sensibiy diminished since 1873.
Touching the testameniary capacity of Mr. Hoyt. the
voord and William L. Weber, Of Michigan, and nnds
e. ant % ean@or Goth to of .hs.s s..s
that Mr. Hoyt although weak In body
vigor Tho testimony Of Drs. Carnochan. Dillow aud
Willard confirmed this view as did that OF the nurse and
surrogates conclusion this point is: UNLESS
Witnesses upon whose testimony have thus far com
there be scarcely doubt that Jesse Hoyts tesla.
me1.a,y capacity WAS far above the minimum standard
As to the answers of Ora Hamilton and sayro to
nos s" DO
therefore to IN ,ns ind ss
who actually saw and eo9ysr.ea Siih Je... Hoyt
tary capacity Is upheld.
claim OF undue influence. tho Surrogate calls
attention to Mr.. Hoyt's strong will. which uncon-
quered by disease and holds that Mr. Hoyt placed his
daughter in asylum OF his volition after having
frequently spoken even In tears OF her condition, and
that M-s. Hoyt joined him IN signing request for her
admtaDce 10 the Frankford Asylum. There evidence
that tho brothers first took any action or gave adj
vice to dealing with Miss Mary. Il Is fair inference,
the Surrogate that Alfred. Samuel and Jesse HOyt
jr took part in the removal OF Miss Mary TO the asylum
In furtheranco or the deccdents wishes and In the
suaneo OF his express instructions. The Surrogate dis
cards the allegation OF undue influence expressly find
ing that Alfred Hoyt and Jackson. bsnehcares exer
clsed no undue influence regarding tho WILL There
Was no improper secrecy IN making the WILL Tho
provisions OF the will not eccentric or eXraordi-
nary. 10 tho surr0gates determination and he ADDS
III IN the Judgment aud conscience Of jesse Hoyt the
requests that he made to his wife and daughter
adequate TO their needs aud to his c0njueal
nj oeieauon was natural and proper that he should
look TO his fathers children and childrons children
Tie persons justly emit tied by ties OF blood and affection
60 the remainder OF his large possessions"
Iawysi Aaron Kahn first took up the for Miss
dovt Then Roscoe Conkling, ex-Judee ShIpman and
john OriroDh uI were called In. Messrs Conkng and
Sblpman subsequently retired and ox-Judge Fullerton
ana GENERAL Pryor succeeded them Ex-Iudge Fuller
ton ala not appear In tho closing days For the
poneRts the counsel were Senator Evarts Joseph III.
Choaie, Eihu Root and Joseph Kunzman.
NIX TILDEN STOCKHOLDERS, NOT PARTNER
United States District Judge Shlpman of |