New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-22
A. T. STEWARDS WILL.
CHARGES OF FRAUD MADE ABOUT IT.

IT Is SAID THAT ONE OF THE WITNESSES CAN
GIVE DAMAGING EVIDENCE OF
IRREGuLARITY.
Charges Of fraud In connection with the execution OF
the will Of Alexander T. stewart the millionaire mcr
chant were made before Judge Lacomoe IN the united
States Circuit Court yesterday by William H. secor'
attorney for the plaintiff in the suit of Sarah Bransgh
against william p Smith. The plaintiff. who lives
An Ireland is alleged to be first cousin OF A. L.
Stewart and suit is brought against Mr.. Smith, who
Is one of the heirs Of Mrs. Stewart to recover part OF
the Stewart millions.
Mr. secor moved to pcrpetuatc the testimony OF an
&ostensible witness Of the alleged will OF A. IL
Stewart He said that DR.. Erastus E. Marcy OF NO.
800 Fifth ave. the person in question. was OLD anu
infrm and Mr. Secor wished to have the clerk OF te
court IS commissioner, take the testimony Oh 'nc
witness Jabish Holmes, jr., OF the law once OF OK
Judge Horace RUSSELL attorney for the defendae sS
that he had objection TO offer to the motoh c.oep'
that IL was made under the wrong secuoh VI ""
statutes. Mr.. Secor then went on Il also ASK 'ha'
we be allowed to see the alleged VIII OF a. L. e'""
and that II be deposited with the clerk OF TINS court
The will has never been In the Surrogates once anu 10
now in the charge Of ex-Judge Russell have ooo,
TO his ONCE to look at the will several umeS' ou.
WAS not able to see 1t. II 1t contains ''o ""''e'
which exonerates Judge Hilton
Judge Hilton has nothing to do with TINS case
broke in Mr.. Holmes.
ayes he has, retorted Mr.. Secor
aDonr make charges warned Mr.. Holmes
at do make charges answered Mr.. secor. "The
matter of the application shows crime ana Ira"u'
Iudre Iacombe interrupted here to say That no
..,on had been made about the will, and Mr. Secor
s.,d that he would make the proper motion on the
.xt motion day November %, when the whole
matter will como out" he added. Inc 1uosc also
cid that he would see II the motion MADE by Mr..
secor came under the proper sectlon' anu reSerVe"
his decision.
Mr.. Holmes said afterward that Mr. secor was mis-
,.Sen in saving that only copy OF
the will had been in the ourrosa'es
once. The original document had been IN
court a number OF times and was solied py having
Icon, handled so much in the course OF hugauoh'
There was no objection to Mr.. secors examining
the will.
~, that he believed he had incontestable evidence
that relatives Of A. T. Stewart are living In ireland
who were recognized as such by a. L. stewart ounhs
his life to whom he sent money ana Oh "hom he
spoke as being remembered in his VIII. James
HALEY witness in the case, who for several years
was employed by A. T. Stewart in his store, says
that he is distant relative OF the great merchant
and Vras for many wears a constant Sunday visitor
At his house. That the relationship between himself
and his employer never questioned In the Iamly'
and that Mr. Stewart had repeatedly referred 10 MS
relatives ireland and said that he had remembered
them in his WILL Mr.. Secor says he has MADE deep
search into Mr.. Stewards antecedents, and has Will
which he declares is the will of A. T. Stewards
grandfather, John Turney, Of Antrim County, Ire
land in which John Turney makes a bequest TO his
beloved grandson, Alexander T. Stewart and re-
ouires that he do persu in educatyon and instr'c
tyon, and be supplied with suitable Payment"
Thomas stewart. according to Mr.. Secors genealogi-
cal research the great progenitor OF the present
heirs and had four Thomas, John, Alexander
and William Alexander Stewart married Marguerite
Turney and the father OF A. T. Stewart. John
stewart is said to be the grandfather OF the present
plaintiff Sarah Branagh who is suing for some OF tile
property. william Stewart had one son. now In the
Belfast poorhouse. named Thomas Stewart to whom
A. II. Stewart sent money 1t is declared, ana ior
whom he told the witness Bailey had made pro-
vision in his will. James Bailey is said to be the
grandson Of Mary Stewart, daughter OF the original
Thomas Stewart Bailey says he came to New-forK
with letters Of introduction to A T. stewart from s
mother and secured employment in the store ana was
received relative at the rich mans house. Hir.
Secor has a great pile of testimony in the matter and
says he feels sure he establish this claim.
The next step in the is to prove the fasty OF
the present WILL and Mr. Secor has succeeded he says
which it was up and in the disposition made OF
it since. About two weeks ago General Bntief anu
one one 81 the witnesses to the WILL who stated. it Is
said that at the time of the witnessing o. te VIII MI
William H. White and Henry Hilton TO Mr sss% aps
will is amended the following: Signeu sealeu anu
nhsbad by the testator in the presence OF each OF
Us as his last will and testament, and we, In ms
nreence and In the presence OF each other ana al nus
rracnsst have signed our names as subscribing VIII
Wian, p Smith William B. Lynch
W. II. White. T. Il Ma l ;.o In +be
nresence of each other Mr.. Secor says pc proven
{rnm DR. Marcys testimony and it is also said that IL
can be proven that the will now before the PUBIC Was
moi signed by DIT. White and DIR. Marcy Mr.. Secor oe
cares that ne has evidence that leads him 70 suspect
criminal dealing in the matter and says he ntehos 10
sift the case TO the bottom. .o
A Tribune reporter also saw Dr. Marcy at his nome,
No 396 Fifth-ave, yesterday. Dr.. Marcy Is an ola
man ard in feeble health and he did not feel dsPosq
TO talk about the subject. He said, however - WI. %iil
testify when ! called upon but wouid Tather
Al till then.o