New-York tribune., 1890-01-17

November 49, 1889, amounting together To the sum VI
1888 49, and will distribute much of the balance OIL
the said sum so i'm their haLds aforesaid. TO-
ward the payment OF such pecunlafy 'eS'Vl's
OF definite amounts in such that all the egaS 9""
stand upon equal footing pro rata and shall respectively
receive such a sum on such distribution as wh sou VN
and with said previous payments TO those WI" H''o "
ceved them shall amount 53 per cent on account
OF upon the said legacies respectively IN hN,'E
such distribution IL is understood that Sai2h n S
has heretofore been paid Of her legacy oil @-oo
900 $50 64G that Bessie Whit has heretofore oce au
on account Of her legacy OF $c0 OoO the sum oi Sl3
that James G. Smith has heretofore been pu Oh account
OF his legacy OF $1,000 $4,000 ana tat tlc hoUso
hold servants have heretofore been paid o account Of
the legacy OF s25 600 for their benefit the sum oi
al aos 40 hut that nothing said has heretofore
been paid on account Of Of the others OF the N''
pecunary legacies definite amounts bequeatd oV o
said Cornelia NJ. Stewarts WILL
TO SELL CERTAIN PROPERTY
To raise the 100000 willed by Mrs Stewart
to the Cathedral, the heirs agree that the lease
hold and personal property now unsold shall he
disposed of, with the exception OF the furniture
in the Metropolitan, Park Avenue and Colonnado
hotels. in this city, and in the Grand Union llotel
and other BUILDINGS IN Saratoga, ana the luImluie
and other personal property III the premises IN
Garden City, all of which are to go TO the he.iS' %
The surplus obtained by tins sale sllau go 10 ue
heirs in the prescribed proportion;
William \. White & Sons have been appoih.teo .ta
the representatives of the heirs TO coiiec. tIc o
papers and other documents needeu 10 coh""''
this business. cut, ,r tbo
sum of 81 grant and agree with the heiIS 'l!u uTS
Iovo not made or done any act or thing WHEREBY
the right title and interest IN the lndINluuIl
half of the real property have peeh lilIP' I
Tho beirs also agree that the executors nave uo!c
nothing whereby their right, title or lnteies, IA
the estate of Mrs. Stewart nave peel ln'p"i'"
REAL ESTATE TRANSFERS
Irrder the agreement 1874 parcels of real estate
.ro transferred bv Mr. Hilton to tic heirs. IheSe
include: ,,o pow,
The stewart mansion at Thirty-four.hso. '9
Avenue Hotel the Metropolitan Hotel anu N'oo Us
Theatre the property No. 222 East Nlhth-st'' ~
leo 16o 16i 1G6 1Gs Bccckcr-st., No. IL NaflcN
S ~ 1s5 1s3l, Thompsonst.; Nos. 1S0 tormery
1927, 90 94 90 no 112. ia, 116 10 H. To- 90
st.; Nos 1879 col Mercer-st, NO l'' "re'HeSv' W.
South Fifth.ave., No. 40 South washington 0Hu' ~
20 West Fourh.st Nos. So, 81, 50 and IL Ahi'ls' ~
asa west wontvscconds St. No 247 East ThirN-thfu-su
No 80 East Thirty-nnthst. No. 9l9 taSV lhi'' -
Nos 53 55 81 MortOn-st, 49, 40 commerce -
Barrow.st. Lafayette Place, H. &c. -, loo, ~
st. IL 13 Is Em-st., As, 80 Duane-st' 10 i l'au'
90 I.ln,.t "a 10 Il Ccntre-st., IL to 80 Duahe-s''
% TO 81 Elm-s $50 to 531 Pcarl-st III Ofo'oY'S', "
Maronst $40 Pearst; the uptown stewart store N''
so 50 Fourth-ave; lands IN Westch'sIvr Cou"N' w
Saratoga property property at Hampstead L. L. ''
cenng the cathedral property the oyster Bay property
and the railroad property lease to the Long Island N"''
road Company
WHAT TIE CATHEDRAL CONVEYS.
The representatives Of the cathedral IN turn
convey to Sarah y. Smith, of the city OF New
York. widow of j. Lawrence Smith, ChaIles o.
Clinch, of Paris, France; Anna {. Clnch' Emma
A. Clinch. Rosalie Butler and Helen Z. Butter
of New-York Virginia Butler of StockoridSe'
Mass: Prescott Hall Butler OF NcW-lorki i Si"N
well f. Butler of Short Hills. y. D., ana I-lIil'h
L. Swami, wife of John swami StockDIldIe;
Mass. the following property me ululN .N.e lucu
-. t.a a
The Park Avenue Hotel the UNDIVIDED hali-ParV
of the Grand Union Hotel properly
at Saratoga, and the lots ana h pulln- nrd,,-
eriy not otherwise conveyed 10 1he heIiS.
This is done under the agreement TO pay 1ie
81 10000 annuity provided for IN MIS-. S'e"a[,
will The same propOrtiOnate interest III llls
property is transferred to the heirs py eX-JuuLe
Hilton The property which the heirs IelenSe I, 10
him in consideration OF 81 is the o'eW8I' PAW
ing at Broadway and Chambers 81 the ~, oIon- ?
nade Hotel in Tafayctte Place: a lot in Thirty
fourth-st. near Madison-ave; and the ioIlo"ln9@
Nos. 13l Crosby-st. and Jerseys ana w. . ,@'
and l39 Prnce-st.: the farm lands IN lIt u '"@us VIZ
of Harrison and Rye, in Westchester C9unlN IMY
lots of land at Saratoga Springs; all t.e IeaI
estate belonging to the Ia'e A.; a, L. % cIcnbam
Groveville Catskil and Leeds, the CITY OF Ouc';
and villages Of New-llartfOrd, Little fnl anu
Stuyvesant y. Y in Fr2nkin' y. o. III a
Mass. and in Woodstock. VI, together WIN an
the mills, buildings. machinery ana lhple1Ne"'s
connected herewith.
STATEMENT OF THE LAWYERS.
The LAWYERS who were interested in the case pre-
pared the following statement Of the legal points
involved and the manner in which the settlement
Of the contest for the Stewart fortune was effected
The stewart litigation has been settled upon the
There were three questions in controversy First
Id" tl,nnSs rc6t 10 retain the propcrc, convey ed
and transferred to him by Mrs. stewart during her
lifetime, including the business oi y. /. stewart
Co, the mill properties the stewart Building corner
broadway and Chambers-st., the Globe Theatre prop
ery and certain bank stocks ms was opnteett'i
in the suit of sarah smith against Judge Hilton and
second-The validity of the viii Of Mrs: stewart
This was contested in the suroeaes Court by Resale
Butler who the daughter Of Charles l.. Butler and
Of Mrs. stevar's hafsster Louise.
Third-Thc validity Of the power i'm trust conferred
upon Judge Hilton by the will If MIS- Stewart maze
further provision for The Garden City Cathedral ana
schools; and 70 distribute INC remainder OF an nnG
vded half Of the residue of the estate among the
The first question has been settled by the dscon
tinua0ce OF Mrs. Smiths suit without costs and bv
quit claim 10 Judge Hilton from all the heir, ataw
OF all the property which he ever claimed 70 have been
transferred conveyed 20 him by Mrs stewart in her
baance Of Ss E Az a,G ss Gnd e{ r gdTf W S1 Of dR @
at the tine 81 her death. and Of bond and MORTGAGE
100000 OF the said dcbt Of S9o7.357 So.
The second question has been settled by decree o;
the surrogate confirming the original probate Of Mrs
The third question has been settled by the cxccu
Sion OF the power vested in Judge Hilton b7 the will
This power was exercised by the conveyance 70 the
Garden t'iy Cathedral Of about eighty acre, Of land
contiguous 10 the lands occupied by the cathedral and
the school al Garden City, and by further cndoW-
ment Of 100000 ont Of Mrs Stewards estate, and
charged upon the Park Avenue Hotel In this city and
the Grand Union Hotel at Saratoga. The power to
distribute the surplus Of one half tho residue has been
exercised by the distribution Of such surplus among
the legaees named IN me VIII IN the PROPORTIONS IN
which they would have been entitled thereto, under
the will. II the power had not been valid.
All parties have executed such deed, were deemed
proper 10 carry out and TO confirm This settlement.
Judge Hilton and Charles J. Clnch continue to act
as executors Of the estate.
Judge Hilton not a lcgatec or devisee under
the will and received property and claimed no
rights under it, except the right TO perform the duty ~
exercising this power and Of carrying out the VIII
executor.
The effect of thls settlement is as follows:
Prst-Jndrc Hilton retains all that he receives durine
Mrs Stewarts lifetime all that he has cai "a
that he has released the estate
from its indebtedness 81 sos. 3j7 So. go