The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-29
THE STEWART MILLIONS.
Great Fight for Their Professionalism.
acter Of the Charges Against Hilton.

| Special to the INDIANAPOLIS Journal
| NEW YORK, Jan. pa great fight for the
| many millions left by Alexander L. Stewart ID
about to begin. There have been several skir-
mishes. Now the real battle is to be waged
The onslaught will be made by the combined lat
ural heirs against Henry Hilton, to whom the late
| Mrs. Stewart gave the bulk of the estate, much
of it before her death. The principal parties are
pushing their respective shares of work with
energy, and everything points to sensational
revelations when the first suit TO be trisd-that
of Miss Rosalie Butler against the will of Mrs
Cornelia M. Stewart-comes up before Surrogate
r ansom next month. Some of the leading law
yers of the city interested in the suit. d.
recily indirectly. and the indications are that
more will be called in before the contest closes.
The case is slightly understood as yet by the
public. It is an accusation that Mr.. Hilton has
obtained something like thirty Of the Stewart
millions improperly. The plaintiff before the
Surrogate is Miss Rosalie Butler. q niece of Mrs
Stewart Her legacy under the will was $780,
600. She petitions the Surrogate to revoke the
probate, on the ground that the will and codicils
are not the las. win and testament of Mrs Stew
art; that they obtained by Henry Hilton
by fraud, deceit and undue influences" that the
bequest to Hilton was obtained in the Same
manner; and SO were the portions of the will
giving him powers over the estate. A citation
has been issued ordering all the parties to show
cause why the probate should not be revoked.
The case came up before the Surrogate on Jan.
Is and set down for trial on
March IL. The first three court days of
each week will be aside for the trial until it
is concluded. Roscoe Conkling is to do the
court work for Mr.. Hilton. He will be assisted
by Horace Russell, and to certain extent by
IA w.
also appears for Charles J. Clinch one of the
nominal defendants. AS Mr.. Clinch is secured
in any event, he can afford to look on with the
e entlemanly smile of cynicism which he has
cultivated during his sojourn Paris where he
is the president of the American club. Joseph
Choate, assisted by the full talent OF the firm,
which includes ex-Secretary Of State William M.
Evarts, will present Miss Buffers side offthe
case. he will later that of Mr.. Butler. When
Conking and Choate try to pull the witnesses in
opposite directions there will be amusement.
Ever since Mr.. Stewards death the vast estate
has been legally assaulted. Sarah Branagh, an
alleged Irish relative, brought a number of suits
in the United States courts in which she at
tempted to establish her right TO the estate In
her complaints it was alleged that Mr.. Stewart
had never signed his WILL but I'm Immediately after
his death the family coachman, trusted SER
want had forged bis masters signature under
orders from Mrs. Stewars. Other alleged Irish
relatives by the made application for
share in the estate. but none ever got further
than the application
But the new contest, taken up by William M.
OF failure to break the will. Miss Butler will
lose $780, 000 til at being the condition of the be-
quest of that Co her. That indicates
Evart's confidence. Mrs Stewards will gave to
various relatives aggregate OF about two
millions of the enormous remainder She be-
queathed one quarter to her nephew, Charles J.
Clinch and one-quarter TO her niece Mrs.
Sarah n. Smith. The rest was all left to Mr.
Hilton.
Although Miss Butler is the formal plaintiff,
the underst anding is that the other heirs, ex-
cept Mr. Clinch and Mrs Smith. banded
with her against Mr. Hilton, and that they will
share her loss OF her 5000 600 inheritance in case
she fails to break tho will The accusations
be made against Mr.. Hilton are foreshadowedin
a document filed In the Supreme Court by Miss
Buffers father. Prescott Hall Butler, in
pended action; but they will be simplifed and
particularized before the surrogate. The allega-
tions there made are Of fraud in the manage
ment of the estate. and undua influence in
curing the powers given in the will. The undue
influence had begun Immediately after
Mr. Stewards death, the complaint saws
and Hilton persistently followed out his plan of
getting possession OF the best part Of the estate
In the language of the paper, it 10 charged that
s.the alleged codicils to vest in him any trust
were obtained from Corneia II. Stewart rs .
part of fraudulent scheme aud contrivance
his part" Furthermore no did not file invent
DRY of A. T. Stewards estate in the Office of the
surrogate. and "sook advantage OF Mrs. Stew
arts confidence in him to get her TO sign and
execute papers giving him large powers whom
she did not know their contepts' Among the
specified acts mentioned Is the sale TO him of ner
large share in the dry goods house of Il. j. Den
ming & Co, averred to bs worth $50, 900. 600, for
ST.. 600, 900. 1t 10 asserted that Hilton secured
more than half Of the property originally left by
Mr. Stewart. and that Mrs. Stewards will was
written by Hilton, his and his private secre-
tary.