The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-05-21
NLTAaR TAKEN By sUhPR1sE.

Lawt Choate's Contention in the
Ste brit Will Case Disconcerts Him.
NEkoRK, May 15.-The Irish claim
ants q. T. Stewards estate were shocked
in thd nited States circuit court w ednes-
day doseph H. Choate. Several dozen
cousipf more or less nearness of kinship
are selng to obtain possession of the estate
now Id by ex-Judge Henry Hilton.
Sarl Branagh, the daughter Of Mary,
who y A T. Stewards first cousin, sues
to ha9William p. Smith elected from the
house occupies. The house was devised
to SIN, by Stewart in his will. He used TO
be theerchant princes coachman and was
coachan to his widow. Sarah Branagh
seeks have Smith elected from the
properi on the ground that A. I. Stewart
died ipstate, and therefore his property
shouldb to the next of kin. She declares
that thhlleged will of A. I. Stewart which
was ad1tted to probate was never signed
by him Ind that it is forgery. If Sarah
wins height she and the other Irish and
America collateral kinsfolk will wrest
Stewartmillions from Judge Hilton.
Sarah ranagh was not in court, but
George Egley was. He is the husband of
one of Bwart's first cousins So were
Robert Hiend, another first Cousins hus-
band, Andew Stewart, a second cousin,
and job Magee, whose wife
Is Hlllad's sister, and who may
come in for million" or two;
to attad the trial. With
them weres vast army of American heirs
Their lawyrs are Gen. Benjamin F. Butler
and Wilhm Holt Seeor. Elihu Root,
Joseph H. Qnoate and Horace Russell re-
presented til present holders of Stewards
estate. A jrY was impaneled and then
Joseph Il. Coate began the battle thus:
The plaintiff, an alien, Sarah Branagh
OF ireland, clims part of the estate of the
late A T. Sbwart because her mother,
Mary Branath Of Ireland, who died in
1880, was the frst cousin of Stewart. Our
defense is thatthere is no statute of this
state by which an alien nonresident can
inherit through another alien nonresident
property froma citizen of this state" DE
cited many decisions in state and federal
courts In support Of his position.
ten. Butlet arose, but was silent for
many seconds He seemed to be gathering
his strength.
There is n, foundation for the defend
ants argument - said he. "Ihere has been
no acknowledgment that the plaintiff is a
nonresident. And, if she is an alien, these
statutes have always been construed in a
most liberal manner. My friends argument
ingenious, carefully drawn and admit
fably put, but they have had four years to
prepare it. i'll live it will avail Mr.. Hilton
nothing If he should gain this point, for l
snail ask the state to declare an escheat /
ask for few lays to file my brief"
"Ot course said Judge Wallace, 'if |
decide against you on this point it will end
the case. You say this argument was
sprung on you. It strikes me that the OBJ
lection raised against your title is very
serious one, and applies to every heir whose
ancestors became seized as an alien. You
nave got toAind an enabling statute to
enable your client to acquire by descent"
Judge Wallace read a long opinion this
morning, sustaining the point raised by Mr..
Choate, and then directed judgment for
the defendant.
This decision puts an end at the very be-
ginning TO what promised TO be tedious
Litigation, involving the validity Of the
Title to all the property left by A. I. Stew
art TO his widow.
Judge Wallace's decision did not seem TO
be great surprise TO the counsel for the
Plaintiff. They manifested their surprise
On wednesday, when MIR. Choate made his
argument striking at the very root Of the
plaintiffs cause and leaving all other points
as Of secondary Importance.
On Wednesday morning Gen. Benjamin
r. Butler asked time TO submit brief in
reply 70 Mr.. Choate's point Of law. This
was allowed. aud counsel for both sides sub
~ tied briefs Judge Wallace said that be
had given careful consideration 10 the
points raised by counsel and after consult