Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-01-07
MRS. a. Il. srEwART's We'll.
The struggle for Millions Between
legal Giants Is Near at Hand. q

An estate aogregating many millions
in value, large number of contestants
with finely clashing interests, and q pro-
portionate multiplicity of counsel hun
Geripg for fat fees-this is about the
present aspect of the proceedings set on
loot to revoke the probate OF the Will OF
the late Mrs. A. Z. Stewart.
There are now pending in the courts
three actions which seek to invalidate
Mrs Stewards will. One suit is that OF
Prescott Hall Butler for partition OF
the real estate owned by Mrs. Stewart at
the time of her death. Another is the
suit of Mrs. Sarah NJ. Smith, the dau9h-
ter of James Chnch, a deceased brother
of Mrs. Stewart, for the removal of ex-
Judge Henry Hilton as executor, and
last in the list is the petition of Miss
Rosalie Butler to revoke Mrs. Stewart $
will Miss Butler is a daughter OF
Charles +. Butler and sister of Prescott
Hall Butler. In her petition, which has
already been fully published in the Uer-
ald. Miss Butler, as will be remembered,
charges that Mrs. Stewart was induced
TO execute her will "by fraud, undue In
huence, and circumvention.
The case OF Miss Butler was on yester-
davis calendar of the Surrogate S Court.
on the case being called there was con-
siderable talk among the various counsel,
which finally terminated in Surrogate
Ransom putting the case on the contest
ed-probate calendar for January 10Th.
Then he will fix the date Of the trial.
Ex-JUDeE HMroN's ANSWER.
Immediately following the temporary
disposition made of the case by the Sur
rogate the answer of ex-Judge Hilton
was placed on file by his counsel. 1t is
largely made up of denials of the state
ments contained in Miss Buffers petit
zion. with as positive counter averments
ON his side. He makes his answer indi.
yldually as well as in his capacity Of
executOrand trustee under Mrs. Stewart S
viii.
The first averment of ex-Judge Hilton,
which is made on information and be-
lief is that Mrs. Stewmt's will and codl-
ellis "were duly, freely, aud understand
lngly executed by said Cornelia M.
Stewart. deceased, according to. law, as
her last will and testament. He fur
tber AYERS that the legatees Including
himself assented to the probate, and
that the executors and trustee have
since proceeded in tho execution of
their trust except as so far restrained by
the fling OF Miss Buffers petition.
He adds that the will and codicils are
the last will and testament OF Mrs.
Stewart. and that the making aud execu-
tion of such were the free aud intelli-
cent act and deed Of Mrs. Stewart; that
/ the beouests, trusts, and powers were
made aud created by the free and intel
liQent act OF Mrs. Stewart, and that each
and every part OF said will and codicils
were created and inserted by the free
and intelligent will OF Mrs. Stewart.
WHAT CHARLES J. cLlScu SAYS.
There was also filed the answer oi
/ Charles J. Clinch, the co-execntor will
ex.Jud0a Hilton. Substantially il is @
counterpart of ex-Judge Hilton's answer
| Hs declares that the execution OF the
will and codicils was not procured by
fraud. deceit. circumvention, or undue
influence. lie states further that Miss
Butler had due notice OF the probat,
proceedings and had full power and op
I nortuuity 10 contest the validity OF th,
said will and codiciIs or any part thereo
and their admission to probate befor'
the probate thereof in any manner ans
by any means to which she was entitled
by law. had she wished SO to do"
It is expected that ell the remaining
answers will be filed within few days
The following lawyers will be arrsye'
in the contest:
For Rosahe Butler Joseph II. Choate
For ex-Judge Hilton--Ex-Attorney
General Leslie w. Russell.
For the Cathedral Of the Incarnation