New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-14
MRS. STEWARDS RELATIVES.
TRYING HARD TO BREAK HER WILL.
AIDED By PROMINENT CoUNsEL-TEsTIMoNY or
suBsCRJBING wITNEsS

AIDED By PROMINENT CoUNsEL-TEsTIMoNY OF
SUBSCRIBING WITNESS.
Like many other thuQs big and little. the Stewart
will ease was postponed on Monday by the blizzard
but IT came up strong and resoutc yesterday before
Surrogate Ransom with overy indication of au in
tentioa stay for long time, and briliiant ana
costly array OF LAWYERS were gathered around It,
The interests involved in the contest, the names OF
those concerned in it and the points at issue have
been frequently told and summary of tho case
was presented IN THE TRIBUNE last Sunday. Under
the will of Mrs Stewart as admitted to probate. ex-
Judge Hilton is made trustee for one-half the
estate and the other half is divided equally be-
tween Charles J. Clinch and Mrss Sarah N Smith.
Miss Rosalie Butler daughter of Charles E. But
Ter, who married sister of Mrs. Stewart, seeks
the revocation of the will on the ground that
ii was procured by fraud and undue influence"
exercised BY Mr.. Hilton upon Mrs. Stewart.
All the lcgatees under the will are legally repre-
sen;ed in the sui but the brunt of the battle for
maintaining 1t falls upon the broad shoulders Of
Mr.. Hilton, the attack upon 1t is aimed at him
personally. For those who want the will to stand
asst Is there were present in court ex-At toIney
General Leslie w. Russell, Roscoe Conkling, Elihu
Root. ex-Judce Horace Russell and ex-Surroeate
Rollins Mr.. Hilton sat near his personal counsel.
Mr.. Conkllug. Joseph H. Choate. learned and per-
suasive: ex-Judge William 6. Choate and Frederic
cd the attack Several other lawyers Of lessor re-
nown. who have entered appearances in the case
for those whose interest in the dispute 10 compare
lively small werc not present but still have
finger in the legal pie
BEGINNING THE DEFENCE.
Ex-Attorney- General Russell opened the case and
rccited the facts concerned in it. He told who had
proftcd by Mrs. Stewards Will and codiciIs and to
what extent In closing he stated that the charge
Of undue influence. by which it was sought TO
break the will. was made against man who had
not received single dollar under the provisions of
the will. While he was talking many of tine la W.
yers who had doed their overcoats and ulsters on
entering the courtroom. donned them again to
keen the "reminiscences of the blizzard that still
fingered in the courtroom.
Henry II. Rice who had long transacted legal
business for A. r. Stewart and subsequently, for the
Stewart estate was the first witness. He testified
that since 500 no bad been the attorney for the
collection OF debts due A. T. Stewart a. co. lie
her will on November 80, 1888: she went
the Stewart store at lenth-sa. anu Dio the
Office of judge iIIton. He was, summoned
10 the Judges office and found there also Edwn ..
Ibenniug and Herbert Austey. two OF ler witnesses
10 Nlrs Stewards signature. Judge Hilton re-
marked that Mrs Stewart was aoout 70 execute
her will and required MN 10 wtncsS said That sh
ought 10 know that because II was in her own
handwriting. Jddg, Hilton then [eaa t6S aItera
tion clause of the will TO her. Mr.. nee aoucu
took the viii out of her hand and said to her: Mrs;
declare this 70 be your and last Sow we'd f her
chad DO YOU request me to sign as wness Some n one
;Aedn her ana lI 6nk ' mad remark effect that
was inqu-tive but replied ,haL s ranpi5rements
soncSf"ng subscribing witnesses to % is "A. Ae hen
had ssned my M, n5G MI rpnture While this was being
5ono Mis- lauihns and chatting WIN 'uase
hie oHow long had you hcrs A,-FOr twenty
"9 o " was her condition sOundness Of mind
memory and a. 'p the @ posscssion Of all
much So on that day She had been on any day for
nsea ycg' H g'0T Under no restraint whaever A-None
whatever.
AIR. cnoATE ASKS FEW QUESTIONS.
Mr. Rice then fell into Mr.. Choa,es hands and
remained there during the rest OF the nearing
First Mr. Choate elected the information that the
will was in the handwriting of Edward b. Hilton,
a SOL of ex-Judge Hilton. but the information dld
,ot at all disturb tho atters counsel. MI Root
volunteering the statement 'naV 'n'i0 ~ Nv
dOl " about that. .
M Choate inquired into the relations between
Mr. Rice and Mr. Hilton and was told that they
,~arc - friendly and socabic and had been so for
ny years. He somewhat vigorously DENIED that
he bad anything to do with preparing MI Hiiton
SIDE of the -, e
". Choatc handed to the witness the - will OF
4. i. Stewart bearing date March y, 1873 Mr.
Eee said that 1t was III the handwriting OF H S
y. Hilton. The will. beside making MIS- stew
ar. his heir and appointing Judge Hilton man nan
ager OF his estate. gave Mr. Hilton Sl,oOO.ooU.
Mr. Choate made the witness the medium Tor put
ting in evidence the mower of attorney which Mrs
Stewart gave Judge Hilton a few days after her
husbands DEATH aud the deed of gift. and exam.
med the witness concerning mis- understanding OF
the CLAIMS made by Judge Hilton, based upon these
documents.
MIR Choate stirred mp faint semblance of
breeze when lie asked Mr.. Rico what hrm was
founded upon the " RUNS of A. !. Stewart d 20:
III there were any runs" INTERCEPTED Mr
Conklil q, in tones OF marked forbearance. g., =,
e. did not use the term Extensively, SAID MT.
CLoaic.
There were no ruins" said the witness, cmphat-
icaly, ard the llttlc breeze died out.
Prescott HAL Butler on Saturday put IN ms an
swer 10 his SISTERS petition Tor the revocation OF
the Will aud. as nIght have been expected, he
took substantially the same ground.