New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-12-11
A BIZ WILL CASE SETTLED.
THE STEWART LITIGATION ENDS IN A CON-
PROMISE.
PAPERS READY TO BE sIGNED-THE SURROGATE
OFFICIALLY SANCTIONS SUCH ACTION
CONCESSIONS BY BOTH SIDES.
z PAPERS READY II

tONIESSlONS BY BOln SlDI@o'
The Stewart will case one of the most famous
nngatlons ever tried in this country, has been
practically settled out of court. There have been
numerous announcements. founded on rumor. prior
to this time that the case had been amlcably
settled. but they were premature. There IS now,
however. no further doubt that the case has come
TO an end Negotiations for settlement have
been pending since the hearing before the Surro-
gate was adiourne | last spring These have now
been completed, the agreements have all been
drawn up. and 1t requires only the affiNing OF a
few signatures to the documents to divide the
estate for good and all.
Official sanction 10 the settlements proposed
was given yesterday by Surrogate Ransom, who
issued an order giving Henry Hilton and Charles
j. Chnch, as executors of the estate
of Cornelia NJ Stewart. the power to
settle the dispute between the executors
and the relatives of Mrs Stewart out of court.
The order of the Surrogate in part reads that
Henry Hilton and Charles J. Clinch, as ex-
ecutors, shall have power to execute and deliver
any agreements or instrument relating to the
property which belonged to Mrs Stewart at the
time she died, or any income or proceeds thereof
which they would have had the right to do if
the proceeding for revocation had not been be-
gun, provided that the heirs at law and next of
kin shall approve them.7
Under the provisions of Mrs Stewards will one
quarter of the estate was left in fee to her
nephew, Charles j. Clinch; onc-4uarter to her
sister, Mrs. Sarah Ann Smith, and the remaining
one-half to Henry Hilton Mr. IIilton's interest
provisional, unnamed proportion of his
bequest was to be held in trust for the Garden
City Cathedral and for the surviving children of
dead brother and sister. The will, besides
these provisions contained legacies amounting to
about $1,000, 900. These included annuities of
$4,000 each to three maiden sisters of Mrs. Stew
art Julia, Anna and Emma Clnch. Mr.. Hilton
received discretionary powers as to the amounts
to be held in trust for the benefcaries, and it
was this provision that provoked the litigation
equally with another, which was TO the effect
that any beneficiary under the will who should
contest It's provisions should forfeit whatever in
terest the testament bequeathed
The litigation began with partition suit
brought by Prescott Hall Butler, a nephew of
Mrs stewart shortly after the will was offered
and the heirs decided to unite in bringing suit
for the revocation of the probate
AT the time of the adjournment of the case at the
last hearing there were indications that the litiga-
ton would last in one form or another for many
years. In the meantime the hands of the trustee
were tied, thus preventing him from carrying out
the provisions of the will in regard TO the COM
and other improvements specifically detailed IN
the testament.
1t is not known which party made the over
lures for an amicable adjustment of the dispute,
but it can be said that the contestng heirs have
practically gained what they sought for in bring
ing the action for a revocation of the probate.
That is, such concessions have been made by
Mr.. Clinch and Mrs. Smith, TO each of whom
was bequeathed one quarter OF the estate; ana
by Mr.. Hilton, the legatee of the other hall, IS
TO give them an interest approximate to what
thovytx haNra
been treated equally by the testatriX. what the
proportion is that each OF the heirs VIII receive
under the form of adjustment VIII not be made
puolic until the agreements have been submltted
30 the court, but the amounts In all cases VIII
be much greater than were mentioned in the Will
II is also understood that under the agreement
the amounts held in trust for the Garden City
Cathedral and schools, and the annultles TO oe de-
voted TO their maintenance. When these agree
ments are signed the case Will be finally settled
One Of the counsel interested in the case said
last night that the settlement of the case was IN
effect compromise by which the heirs would
greatly benefit, but he would prefer not TO give
the terms of the agreement, as il had been under
stood that the details should not be
made public until the documents were
filed in court. He ntimated that compromise
would have been effected month ago had il not
been that one or two of the heirs persisted IN
holding out for what they deemed their fun
rights heirs at law. That they had won Their
case, he said could not be doubted after the Strug
would be signed within a few days, and no time
would be lost then in filing them. one reason
for not making tho terms public now, ne S,ld,
was that some dissatisfaction might POSSIBLY
arise which would unsette the negotiations
So far as he knew, however, each
party to the litigation was ACQUAINTED
with the terms made with each other plrty, ana
therefore it was an entirely mutual affair. but
he would prefer not to risk the premature pun
lication of the terms lie felt safe IN saying,
however, that the case was now out OF court
finally.
Some Of the most distinguished lawyers in the
country have appeared in the case. Roscoe Conk-
ling was the leading counsel for Mr.. Hilton up
TO the time Of his death. Others who have ap
peared for Mr.. Hilton and are stlll interesleu
in the negotiations are Elhu Root, eX-Surrogate
Daniel G. Rollins ex-Judge Horace Russell ana
ex-Attoney General Leslie w. Russell Inc prll-
cpal attorneys for the contestants were Eyarts,
Choate d Beaman Ex-Judge William Il. Choate
appeared separately for the Clinch SISTERS AT arh
Mrs. Sarah Ann Smith. being associated IN Mrs.
Smiths interest with Martin Smith. stephen
+. Nash and eX-Judge Gilbert appeared lor IN
Cathedral and Frederic R. COudert Tor MIS-
Wetherbee, daughter of Mrs. Smith.