New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-11
TO CONTEST MRS STEWARTS WILL.
A GREAT STRUGGLE IN PROSPECT.
rpr HEARING ~ THE SUIT OF MISS ROsALIE C. BUT

THE HEARING IN THE SUIT OF MISS RosAIiE C. BUT
IFR WILL d GIN TOMORROW.
The hearings in the contest OF the VIII o1 Cor
nclia VI Stewart. instituted by Miss Resale c.
Butler will he begun tomorrow at II n. IN. before
Surrogate Ransom. The struggle promises TO he
memorable one, from the large interests involved
and from the wcll-known lawyers as well as the
number oil counsel who Will be pitted against
each other Miss Butler is the daughter of Charles
l.. Butler who married sister Of Mrs. Stewart
and is the sister of Prescott Hall Batter. who has
a suit pending in the Supreme Court for the anul-
lnent Of the trust clause in the Will whereby en-
Judge Hilton Is made trustee for Onc-hali tue es-
tate The other half of the estate is divided by
the will equally between Charles j. Clinch and
Mrs Sarah n Smith. who also has q suit pending
in the Supreme Court attacking the trust clause
md seeking the removal of Mr.. Hilton ana Will
lam Libbey as executors and trustees OF the Will
of A. T. Stewart and Mr. Hilton and Charles D:
Clinch as executors and trustees OF the VIII oI
Mrs. Stewart. t
Miss Butler in her petition for the revocation
Of the will Of Mrs Stewart, as far as pertains 70
the personality first calls attention to the Tact tlat
five papers were admitted to probate by the sur
rogate These puCpOrted to he Mrs. stewart 5
last will and testament, one beng the original
will of July J. 1877. ard four purporing TO he
codiciIs of the respective dates of Nav -. 1875:
tDlv 3 1878: May 81. 1882: and November 30
1885. whereby McssIs. Hilton and Clnch were
appointed executors.
SOME or MISS BCTLTES CHARGES.
Miss Butler alleges that these not Mrs
Stewards last will, that the writings purportng
to be such were obtained and their execution
procured by fraud and undue influence and cir
convention against and upon Cornclia VI. Stewart
by Henry Hilton" and that these writings we're
not freely and voluntarily nor uhdcrStahdihgKK
executed or made" as Mrs. Stewards last VIII
and that the subscriptions to the papers were
procured by fraud, deceit and undue influence
exercised upon her by the said Henry Hilton.
Miss Butler next charges that the Request OF
one-half the rcsdary personal estate TO Henry HI
ton upon alleged trusts and all the favors per
and undue influence Of Mr. Hilton and that the
same allegation holds true as to the giis inaIe
to him in the will of onc-half the residue oil the
estate: as to the following clause;
None of the lcgacies herein given shall he
payable until three years from the date or the
final probate Of this my WILL nor shall ony OF the
annuitcs herein given be payah;e or commence
until six months after such final probatc; as
10 the most Of the codicil Of May p. 1873 the
whole OF the codcil of July 2. 1873. the final
part of the codicil of May 81. so2 and all Of that
of November 30 500, except the recitals, the
tcstatum clause and the following words: Now
therefore do declare that all provisions in my
said Will and codIcils relative TO the Cathedral
and schools at Garden City are hereby abfo4atcd,
revoked and annuhcd.'
PERSONS MENTIONED AS LEGATETs.
Besides Mr. Hilton those who mentioned in
the will rs lcgatccs are Charles p. Clnch. who
widowcr and without issue, but leaving last
will and testament. Of which Prescott Hall But
Ter is the only cXccutor Anna c. Cllnch, Julia
A. Clinch, Emma A. Clnch, sarah v Smith wile
Of J. Lawrence Smith Cornclia Stewart liutIcr
the wife of Prescott Hall Butler Helen {; I;uIcr
Virginia Butler Maxwell f. Butler ana Lillian
L. Swami wife Of John Swami. Charles j. tilnch'
Henry Hilton and Charles j. Clinch, as executors
Of will and Henry Hilton IN trust. all Of whom
reside in this city. except Charles j. 'hn"h. who
resides al Pau or Paris. in France; Louise y oN-
borne. who resides ut Chicago Illinois. Virginia
Butler who resides al Stoclbridrc, NaS>achu ~ciis
and Kate A. Withcrill. who resides ~ Garden
CITY all Of whom are Of full age except LaWrcnc"
S Butler and Charles :. Butler. who are infants
under the age Of fourteen yeas.
Joseph H. Choate appears for Ms Builcr Nos
coe Conllng for Mr. Hilton, cX-Surrogatc Daniel
c. Rollins for Charles !. Clinch. Elihu Root
for McsSrs Hilton and Chnch aS executors. Mar
tin and Smith for Mrs Sarah y. smith, Plnncy
and Sterling for the infants. cX-Judcr j. Lawrence
Smith for himself and Sh'pniHn. Blrlowc, lArognc
and Choatc for the II SIS Gin h. TX Judge DAVIS
Is consulting lawyer for the proponcnts EXAi-
torncy General Leslie W. Russell il attorney for
Mr. iiilton and cN-Judgc Horace Russell IS at
1,tnny for Charles y finch.