New-York tribune., 1891-05-14
STEWART ESTATE HEIRS.
A SETBACK FOR THE IRISH RELATIVES
ARGUMENTS BY JOSEPH II. cHoArE AND GEN.

ARGUMENTS BY JOSEPH II. cHoATE AND GEN.
ERAL BENJAMIN r. BUTLER.
The trial was begun yesterday before Judge Wal
lace in the United States Circuit Court OF the suit
Of Sarah Bransgh against william p. smith, in which
one OF the Irish relatives Of Alexander T. stewart
seeks to secure q part OF his estate. The deienuaht
won decided advantage and, In fact Judge wallace
lntimated that he had almost made up his mind 10
throw the suit out OF court
The little courtroom at the south end OF the our'h
aoor OF the Federal Building was filled with spectators
NJ O'Clock, when the case was called. General
Benjamin F. Butler and William Holt secor were
present In behalf Of the plaintiff, and joseph IL.
Choate Elihu Root ex-Judge Horace russell ana
Jabish Holmes, r(, appeared for the deiendaH'. 'r
uhoate arose to announce thai Dr.. William H. White
one of the witnesses Of A. T. Stewarts VIII, WHO
wss expected TO give important testimony for the de-
endant had been srddenly taken III and was on MS
way TO the Adrondacks. The defendant could not go
On with the taking Of testimony In the absence Oh Dr
White.
General Butler SAID that as his side had not yet
won the Stewart millions 1t found It rather expensive
to keep the Irish witnesses here. lie was anxious
for speedy trial OF the questions at Issue. Mr
Choate answered that his SIDE had objection to
intcrpose which might put an end to the suit AT
once He was willing to present this law point I'M
ncdiately. Judge Wallace said that he woud sit
only until Friday and would then be busy for several
weeks with other things. He suggested that the case
be tried before Judge Wheeler juno 2, If both
sides anxious for speedy settlement OF the suit
1t was finally agreed that Mr.. Choate's legal OBJ
lection should be presented al once, and that II neces
sayy, the examination Of witnesses should take place
before Judge Wallace when he had finished his other
duties. A jury chosen, 1t being stipulated that
1t should be discharged when the law
point had been settled. Mr.. Choate then
arose and fred his broadsde into tho
enemy. lie spoke In that easy. cearcut, convincing
style which he uses so effectively, trusting TO his
memory for most of his argument. He told how In
1887 Sarah Branagh, resident Of Ireland. brought
suit against W. p. Smith 30 eject him from the pos
session of the house in Thirty -frstst left him by
A. T. Stewart. The complaint alleged that the mer-
chant prince died intette in April 1876, his next OF
kn being Mary Branagh, his first cousin, who was thus
entitled to share of the estate. She died in 1880.
and her daughter tho complainant thus inherited her
claim
Mr. Choate stated il as a principle of common law
that no allen could acquire property by descent Much
less he said could alien acquire by descent prop
erty from another alien, who had acquired IL Dy
descent II the plaintiff had any valid claim 1t must
rest on statue of the State. The speaker reviewed
the history of legislation of the kind in this State
ol,oti1g from the law of 1s45 and the amendments
10 II passed IN 1874 and 1879 He argued that the
act of 1s45 affected only property acquired by resi-
dent alien by purchase, which was different ion ao-
ouring by descent. The fact that none OF the
Branaghs were resident aliens he declared raseo
srother insuperable barrier TO the suit.
Mr. Secor said a few words and then General buuer
arose 10 answer Mr. Choate. The Generals weak
voice and ndistnct enunciaon showed the grasp tns'
age has ON his powers He reasoned that the statute
was sufficiently broad for his client to stano upon,
and jokingy remarked that Stewards relatives couid
not secure his estate IL would have 10 90 TO te o'ac
of New.York I'm the absence of any valid Will maze
by Stewart The objection had taken him by SUPPLIES,
he said and he would therefore like 10 nave uipe M
aIt strikes me that the objection raised IS veTy
eerious one TO every heir BY common law, PrvYo,,;H
could not be inherited by an amen, ana uie Pii in
nut fpd a statute upon which TO base her ciaani.
Tbe law of 1S45 affects property acquired Dy an ahei
nv pnrchase which Is different from acquiring u!le "
dssdPent OF course will give you time In whlcn 70
hand I'm your brief because the point Is vi,al one,
Mr. Root suggested that an equally Iat3i lac' G mas
srai 1nter said that his brief would be ready az =
n. m today and Judge Wallace adjourned tne case
until tomorrow at IL O. IN. Prom tne 'Sosvs % onS NJ
marks II seems as II General Butler, MT Secof anu anu
the numerous relatives Of Stewart had Put ther hopes
in a hOuse that was built on the sana. -. 1900
" Tonr of the relatives who live In lreiand Were
,,,esent Yesterday They were George beeiey, hopcas
fIend Andrew Stewart and James Mage niosI y "a
them being sons of first cousins OF A. T. elewa,. 4r
conrt room. They were John Stewart, Of Wlcmta;;
Kan: Edward Stewart, of Birmingham conn, anu a
Jane Armour, OF sedgwick Kan D. r; st91er sns eru
j. L. Munson Of Newton, Kan are ther at.oises az IL.
The plan is TO bring number OF otner suiIs IL @io
present one Is successful.