New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-06
ANSWERED BY MR.. HILTON.
CHARGES MADE IN THE STEWART CASE.
A GENERAL DENIAL To ALL THE SPECIFICATIONS
LEoAL TALENT REPRESENTED

LEGAL TALENT REPRESENTED.
There was an unusually large gathering Of law
yers in Surrogate Ransom's court yesterday. They
were waiting for the clerk to call the case desig-
mated on the calendar simply - 166. Cornelia
NJ Stewart" No. 1876 was long way down on the
list and the lawyers had to wait until 1t was
reached, but they waited with that exemplary
patience which men whose time is valuable, mani
fest when they know they will be well paid for
it. The suit so briefly indicated was that OF
Rosalie Butler for the revocation OF the probate
of the will of Mrs. Stewart, the widow OF the
world-famous millionaire. A. I. Stewart.
Rosalie Butler is daughter Of Charles T.
Butler who married sister Of Mrs Stewart. one
is also a sister of Prescott Hall Butler, whose suit
in the Supreme Court for the partition OF the real
estate is still pending. The petition on which the
suit is founded published in HE TRIBUNE
on October 20. Besides the petitioner and the
executors of the will ex-Judge Hilton and Charles
j. Clinch, all those interested in the will were
legally represented. When the case was called
it was speedily disposed Of for the time being
Joseph Ii. Choate made a motion to the enect
that it should go record who is to take hama
in the contest and by whom represented, Each
lawyer in turn got up and stated for whom ne
appeared.
LONG LIST OF LAwYs RS
Firs came Mr.. Choate himself representing the
petitioner Rosalie Butler. For ex-Judge
Hilton individually, and as executor and
trustee al peared ex-Attorney General Leslie w.
Russell Ex-Judge Horace Russell. through Elihu
Root, stated that he represented Charles j. Chnch
individually and as executor Joseph w. Gill
bert represented the Cathedral of tie Incarnation
at Garden City, Messrs Martin and Smith had
for their clients Sarah n Smith. Bessie s. White,
Ella b. Smith, Kate A. Weth ,rill and Louise N
Osborne. Ex-yudge Choatc, of Shpman, BARLOW,
Larocque 81 Choate, stated that his Dru hau
charge Of the interests of Amos G. Chnch, Julia
A. Cnch Emma s. CInch. Lillian 5. Swami, Helen
G. Butler, Maxwell L. Butte; and Virginia Butler.
James c. Smith said that he would represent him.
self IT. person. Messrs. Penney and Stirring an
nounced tnelr intention Of looHg after the III
Lcrcsts OF Cornelia Stewart Butler while Law
renee s Butler and Charles S. Butler were repre-
scnted by their special guardian, george VI.
Penney, IT, For Prescott Hall Butler, indlvldu-
ally and as executor Of Charles Is. Cnhch nP-
peared Thomas L. Sherman ,.s
it agreed that the case should ne pun On ,S S
Surrogates calendar for January o. anu LIN i
then If possible IA dav should be assigned Tor De
ginning the great contest. wen inc %"5'i'
left, the courtroom looked almost ueser"u'
JUDE hilton FILEs His ANSWER
The answer of ex-Dudge Henry Hilton "indi-
yidually and as executor of the last will and ties
lament OF Cornea NJ. Stewart. deceased, ana ds
trustee under said will' to the petition OF Miss
butler for u revocation of the probate OF the Will
vas filed yesterday by bis attorney, Leslie w.
Russell After admitting the general statements
uaae in the opening of the petition 10 the eHect
rhat the will and codcis OF Mrs. Stewart were
contained In five certain papers" lone contain
INC tie will and four the codicils' when were ao-
nitted TO probate on November ID. 1856 ana I'M
der which Henry Hilton and Charles j. Clinch
we're appointed executors.
MIR hilton AYERS III the legatees and devisees
including said petitioner assented 10 SUI pro pro
rate" and here Mr. Hilton denies the allegation
Of ROsaie Butler that the S id Taper writings
are not the last will and testament Of Cornea NJ
nron information and relief that they do not con-
Stitu4e the last will aud testament tie den'es
ne allegation contained in the PETITION. ana thpt
he said naper writings purportinG TO ne snch laS,
will and tcst?ment were res cctveiy obtained ana
tho alleged execution thereof pro ured nv fraud
md undue influence and circumvention practlceh
against and upon IN" said Cornella NJ stewart ny
Che said Henry Hilton and he AYERS fhat the
execution and the making Of the same were the
free voluntary and intelligent act o. Mrs stewart
Nr Hilton denies that these SIGNATURES 70 me
will and testament or codicls' were procured ny
rrand deceit md undue influence exercised ny
himself Hn denies "that the hennest ~ one-ha,t
NJ rho resihuarv personal estate m hmse.t ~
"other alle~ed favore' wpre ohtAined Nv 'rauI'
dncei. and undue Influence exercised nv himself
and "avnrs that the said hpoucsts trusts and pow
ops vere roadn and created nv tho free and intel-
iiccr4 actr NJ Me Stewart Similarly Judge WI
ron denies +he 'erntions containpd in tho eftion
th~t various snoc;fnd c'Rusns in the viii and
,od;c;is vrorn ohtaned th~ouoh fraud. deceit and
undue influence" exercised by himself upon Mrs
~trwert.
Tur RELATIVES OF Mps STEWART.
Coming 70 rho last clause OF the petiton which
states that the only surviving next of kim OF
Mrs Stewart besides Mrs Butler are. " her three
sisters Anna c. Clnch Julia A. Cinch. and Emma
Clinch Sarah n Smith and Charles j. Clinch
children Of James Clinch deceased. who was
brother Of Coru.lia W. Stewart and Prescott Hall
Rn.ler Helen c. Butler Virginia Butler Maxwell
r Rutler and Lillian L Swami, also children OF
- DutIp deceased"
that he admits the allegations in regard to me
rnIationshin Of the persons named hut denies that
any OF them cxcent Sarah y. Smith ana Shari'ss
7 Clinch are relatives OF the whole b1ou
Thcv arc ne AYERS "upOn information and belief
only relatives OF the half blood.
Iudre Uilton's answer concludes IN the usua
vav wher, fore the said Henry Hilton privS
that the same petition and proceeding instituted
thoroby he dismissed with costs AZ
Charles J. Clinch the other executor OF MIS- Mrs
St4wart's will also filed his to Roshc But
ler's netiton through his attorney exJudge Horace
Russell In general nurnort IL is similar 10 the
answer made nv Judge Hilton lie refers 70 eVery
ALLEGATION in the petition OF fraud and DECEIT ana
undue influence nractised unon Mrs. stewart ny
Mr. Hilton and denies them one AID al unon
information and belief lie asserts tnat une
five certain panrr writings" were Mrs stewart
last will and tnstimcnt that they were executed
freely voluntarily and understandlngy ana tnao
said will and codicis were not obtained. nor
was part thereof inserted ana ,ne LIZ
of them was net procured by fraud. deceit CIR
convention or undue influence exercised upoon
the said Cornelia NJ. Stewart by any person OF III
anv manner - .,,r.h
Mr. Clinch concludes wherefore respondent nraVs
for a deere" confirming said nrohatc ana sncn
other and further relief as may be just WIN co''
MRS BrrTI.ER SELLS THE OLD STEWART houos-
Tb,re ware two transfers recorded in the Registers
omce yesterday which recalled memories OF O. T.
stecart The brown stone-front house at The north
oas, cor,er Of Fifth ave- and Thlrty-fourthst was