Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-05-26
WORTH FIGHTING FOR
Inside Facts Concerning the Famous
Stewart Will Contest.
AMOUNT OF PROPERTY INVOLVED.
1t is the Most Complicated Case Of the
Kind Ever in Court.
POSSIBLE RUIN FOR JUDGE HILTON
CORRESPONDENTS OF THE DIsPATcH.l

NEW YORK, May 25.-The great Stewart
will contest with its distinguished and cost
lv LAWYERS. its pretentious and wealthy prin.
cinals, its hidden millions and its mystery
will within two weeks again be in the courts
and in the newspapers. The rumors of a
settlement that have been going the rounds
of the press appear to have no foundation in
fact and the chances are against this only
mode of taking the estate out of the courts
within number of years. June has been
set as the time for the beginning OF the sum-
ming up in the suit of Miss Rosalie Butler
against the will, and for weeks the Sur
rogate's Court will resound with the elo-
quent and ingenious arguments of the lead
ers of the New York bar. As is always the
case when these great lawyers cross swords,
the large court room will not hold the
crowds who will assemble day after day to
listen to Joseph H.Choate, ex-Judge Russell,
Elihu Root and ex-Surrogate Rollins. One
majestic figure only, that Of Roscoe Conk-
ling, will be missing.
Some highly interesting information has
not yet come into the public press regarding
this wonderful case, and it was only within
the past few days, while grubbing through
the records, that your correspondent came
across it. The exact value of the Stewart
estate has never been correctly stated. 1t
has been to the interest of Judge Hilton to
have it underestimated, and the contestants,
Mrs. Sa rah n. Smith, Rosalie Butler and
Prescott Hall Butler, have erred just as
much on the other side in their published
estimates. Twelve millions, say the counsel
for Judge Hilton, is the entire value of the
estate. Pshawi reply the Buffers, Mrs.
Smith and the other members of the Stew
art combine, that is only another of Hilton's
false and misleading statements. Multiply
his figures by the number of fin gers on your
right hand and you will be nearer the truth.
DIFFERENCE OF OPINION.
Following carefully the evidence on di-
rect and cross-examination of the expert ac-
countants who have testified in this case
and we find that there are two widely d.
Vergent values to this estate. If the will is
upheld it is worth, as Judge Hilton SAYS,
So, 600, 900. If the will is broken it is
worth from S35, ,0o0, 900 to SAC. .000, 900. The
explanation for this apparent mystery is
this: Ii the will STANDS then the transfers of
property to Judge Hilton during Mrs. Stew
arts lifetime will stand also; if, on the other
hand, the allegations of fraud and undue
influence prevail, then these transfers will
undoubtedly be set aside as fraudulent also,
and Hilton will have TO account for some 20
odd millions that are now held by him.
There is no question, therefore, as to the
amount of money which is in dispute-it is
the larger and not the smaller sum. Thirty
five millions Ito take a low eStimate) is a
sum worth fighting for, and the services of
the big lawyers retained for the parties in
terested are well paid for. Three years of
hard work has already made some slight in
road into the ready money of the various
principals, and, according to all appear
ances, the contests have only begun.
Whether Judge Hilton is, or is not upheld,
there is every indication that these suits. al
ready the most remarkable and lengthy in
the records of the will courts of this country,
viii be before the public for years to come
twill be bitter fight with sensational de-
and the lawyers will have
abundant reason to feel happy before they
bid final adieu to the romance and the
tragedy of the Stewarts.
THE CONTESTANTS.
There are three contests pending at the
present moment, that of Rosalie Butler, a
niece of Mrs. Stewart, and legatee, that of
Prescott Hall Butler, an heir-at-law, and
that of Mrs Smith, an heir-at-law and next
Of kin. The suits of the Buffers are both in
The Surrogate's Court and bear directly
upon the validity of the will. That of Mrs.
Smith attacks the transfers of the Stewart
business and the real estate made to Judge
Hilton by Mrs. Stewart and makes unpleas-
ant allegations as to his influence on the old
and feeble woman. This is in the Supreme
Court. There is q side issue, at present re-
yarded as of minor importance, before the
Court of Appeals. 1t relates to the answer
set up bv the Buffers as party defendants in
Mrs. Smiths suit. The general term of the
Supreme Court has held that such part of
these answers as attacks the validity of Mrs.
Stewards will must be stricken out, and the
Buffers have appealed from this decision.
How long this issue may retard the ultimate
settlement of the estate is problematical.
cHoATE SURPRISED.
The abrupt ending of the suit of Rosalie
Butler surprised nearly everyone, includ-
ing Joe Choate. That remarkable and
sstute LAWYER had taken but little part in
he case up to that time, having left the
,ourt work to junior partner. Occasionally |
he would come into the court room and |
listen with sardonic smile upon his mask |
ike countenance that was almost mephis- |
opnelian in character. He was waiting |
or two things, and he was disappointed in |
,ach. He expected to get a chance to cross |
examine the witnesses introduced by Hill |
on's side, and he also thought he would |
lave an opportunity TO fish out testimony |
rom Hilton himself which might be of |
7alue in the other pending cases
Hilton, however, did not 60 on the stand, |
Tor did he put on any witnesses except the |
49, : A1,,,-
he standpoint of the disinterested observers
his was a pity, as there would unques-
ionably have been some highly interesting |
eveloDments under the relentless cross-ex-
of Choate and some dark-colored
Jews of the relations between the wealthy,
Hilton and the lame, old woman
,uried in her magnificent Fifth avenue
mansion, would have been added to the pres
ent collection.
SOUND DISCRETION.
1t was with clear idea of these possibil-
ties that Hilton and all his counsel agreed
not to introduce any evidence
Dther than the proof of the will. II it had
lot been for the highly important discovery
" ex Judge Leslie W. Russell of the COM
,ine by the Smiths, the CIinch girls and the
Buffers, this plan on the part of Hilton
,ould not have been carried out. The
greement of these heirs to stand by each
,tber whether the will stood or fell. had
,een made secretly, and Hiiton's counsel
lad not the slightest suspicion of its exist
nee until Mrs. Prescott Hall Butler went
N the witness stand. She had legacy of
2OO. 900 under the will, and had filed an
nswer in esch of the suits sustaining it.
Her examination had been almost concluded
7hen it struck Judge Russell that she
Tould never voluntarily have given her tes-
imony, which was damaging to Hilton and
he will, unless she was Unidentified against