New-York tribune., 1890-01-17
PRICE THREE CENTS.
THE STEWART CASE ENDED.
HEIRS SETTLE THE GREAT WILL CONTEST
OUT OF COURT.
THEY SIGN THE AGREEMENT FOR A coMpRo
MISE-ALL SUITS wITHDRAwN-THE
TERMS OF THE SETTLEMENT.

|
After legal contest Of more than two years, IN
which have been pitted against one another many
of the abest and best known lawyers Of this
! State the Stewart will case has been settled out
of court, the will of Cornelia NJ Stewart has been
admitted to probate and the case practically ended.
The final touches which stopped the litigation
were made yesterday afternoon in the law office Of
| Elihu Root, in the Mutual Life Insurance Build
! ing and all concerned in the suit, Plaintiffs and
defendants, signed an agreement which definitely
settled the contest then and there. 1t only re-
mains to comply with few legal technicalties
For some months the lawyers on both sides have
been using their efforts in the direction of an
amicable and satisfactory settlement. 1t was
| known two weeks ago that the heirs who wera
engaged in the suit against eX-Judge Henry Hilton
to obtain the possession of property which cama
to him from A. I. Stewart and his widow, Corr
ne la NJ Stewart, were satisfied with a proposed
| agreement. But Charles j. Clinch, one Of tha
heirs and co-eXecutor with Mr. Hilton of the
estate, was in Europe, and did not arrive in this
city until last Tuesday. On the evening of his
arrival there meeting Of the representatives
Of both sides and Mr.. Clinch agreed to accept the
terms of settlement which ex-Judge Hilton,
through his lawyer, ex-Attorney- General Leslie w.
! Russell, offered
/ All Ulc neHS Ha1 Sl2ned tne agreement When
ex-Judgc Horace Russell and Leslie w. Russell,
attorneys for the two executors, and ex.Judgs
William G. Choate and Joseph II. Choate. lawyers
| for the contestants, appeared before Surrogate
Ransom and requested that the two suits against
ex-Judge Hilton pending before him, be dismissed.
The cases had been satisfactorily ended out Of
court The same request made Of Judge
/ Morgan j. OBrien, in the Supreme Court, TO
dismiss the case there pending against eX-Judge
Hilton to set aside the will Of Mrs Stewart.
Both Surrogate Ransom and Judge OBrien COM
piled with the request, and the cases were
dropped from the calendars.
WHAT MR. HILTON DOES,
In effecting the settlement ex-Judge Hilton
relinquishes his claim the estate of Cornelia
NJ. Stewart of S967.357 So, OF which $700000
was for bond and mortgage executed in his
favor by Mrs Stewart the building at Broad.
way and Tenth-st., the rest being for professional
services agent and confidential adviser and
interest. He also releases TO the heirs property
valued at the amount of about $1,000, 900. which
was held in trust by him for the erection and
maintenance Of the Cathedral at Garden City,
+ the Seminary of Learning for Young Women
theological school, house for deaconesSes and a
chapter house all to be connected with the Cathe-
dral Under the will of Mrs Stewart it was left
|
should be done To this end one-half Of her
resi,na estate set aside to be held in trust
by him. Mr.. Hilton does not relinqush any
of the property decided to him by Mrs Stewart
in her lifetime.
The agreement covers twenty-six large pages
of printed matter It is dated January Is, 1890.
and is between Henry Hilton. of the first part:
Henry Hilton and Charles j. Clnch, executors
of the last will and testament of Cornelia VI.
Stewart, Of the second part; Sarah y. Smith.
Charles j. Clinch Anna c. Clinch. Emma A!
Clnch, Rosale Butler. Helen c. Butler, Virginia
Butler, Prescott Hell Butler Maxwell z. Butler
and Lillian L. Swan. Of the third part; the Ca
thedral OF the Incarnation in the diocese Of Long
Island, Of the fourth part and Maxwell T. Butler,
executor of the last Will and testament Of Julia
\. Clinch, Of the fifth part. 1t first sets forth
ex-Judge Hilton's claim against the estate Of
S2s7. .357 So for services agent and
interest, and of the S7OOCOO bond
made over TO him by Mrs. Stewart.
1t next treats Of the trust imposed upon ex.
Judge Hilton by the will, calling for the COM
pleon, furnishing and Arrangements for main'
tanning the Garden City buildings out OF ths
undivided halt OF the property known as the PARK
Avenue Hotel in tnIs city and the Grand Unlon
Hotel at Saratoga Springs. from the sale Of which
100000 must be raised for TINS purpose.
THE cATHEDRAL's SHARE.
The amount to he raised was transferred TO the
cathedral authorities under the provisions of the
Will On December y last he decided 10 tha
heirs the undivided half OF these two pieces OF
property sub ect TO this change, and on December
- Of the same month he paid 10 the heirs tho
re,iluary personal estate belueathed 70 theml
The heirs, in consideration OF 81. aeree 10 the con-
veyance of the sum OF 100000 to the cathe-
dral, but they do not become per-
sonaly responsible lor the sum or any
IL f.fru
case the representatives Of the cathedral ask this
within one year from the date OF the agreement,
to sell for the Use Of the cathedral the unused
land in Garden City al Sl,2j0 an acre. Mr..
Hilton said that outside of the bill and and mort
gage he held against Mrs. Stewart, she owed no
debts, 80 iar as be knew, al ths
time Of net DEATH except n bond issued by
her 10 tie cathedral authorities for S3OO,O00
from which an annual income Of $4,000 Is to be
derived.
To the property decided TO Mr. Hilton by Mrs.
Stewart in her Lifetime. and by samuel q.
Courtney and Memo Dicfendorf, referees, in two
suits which were decided in his favor, " or tor
any personal property. or the proceeds thereof,
or for any Indebtedness. or balance OF account, or
alleged Indebtedness. or balance Of account. agaiDsu
him and in favor OF the said COrnella VI. Stewart,
for or on account of the acts and doings OF tho
party of the first part, as the executor under VIII
OF Alexander l. Stewart.
Following This Is tie proviso that the property
known rs the Broadway store was the property
of Mrs Stewart al her death, and is 10 be dis
posed Of and accounted for as part Of her VIII.
Mr. Hilton and Charles j. Clnch are Z be in
demnifed for any expenses they have incurred
rs executors of the estate for tNcs paid under the
law taxing legacIcs. ETC. and against all suits,
damages. costs and expenses incurred through
the collection and and imposition Of the taxes.
The apportlonment OF the rents. issues and
income from the estate since Mrs. Stewaus
death is as follows Mrs j. Lawrence Smith
aud Charles j. Clinch, siX-twentict each; Anna
{. Clinch and Emma \. Clinch, twotwentieths
each: Resale Butler. Ieen {. Butler. Nlrgina
Rl VI T.. BufleP
aud Lillian l.. Swami. one siXteth each; Anna
c. Clinch and Emma A Clinch are jointly en-
titled 10 the remaining twOtwentleths, from
which is 10 be deducted the share IN II he-
..-..-. ,L.L Nv. W.. -Im-ia a LLInch 70 la