New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-05
W. Fl. HURLBUT CROSS. EXAMINED.
HE ADMITS SOME THINGS WHICH PLEASE
MR.. CHOATE IN THE WILL CON-
TEST HEARING

Surrogate Fitzgerald continued the hearing of the
contest over the Will Of Henry A. Hurlbut yester-
day. William H. Hurbui his son. occupying the
witness chair all day. This is the contest brought
by Henry A. Hurbut jr.. and Susan Hall. son
and granddaughter OF the testator. to have the
trust Of the whole estate to william II. and Henry
A. Hurlbut broken and the estate divided. Mrs.
Hall the will declared void altogether.
Under the guidance of Joseph H. Chos te counsel
for the contestants. William II. Hurbut on Thurs
dav related his various business ventures. all Of
which according the witness. were failures. and
the senior Hurlbut thousands Of dollars.
Yesterday Mr. Choae resumed his questions to
show that the sons power over the elder Hurlbut
great. and that he apparently had control Of
the during the latter years OF Mr.. Hurbut s
life
Now Mr. Hurlbut." began Mr.. Choate In his
most persuasive tone. 'let again get down TO the
value of your fathers real estate. What will 1t
amount too"
After some mental figuring Mr.. Hurlbut said that
$1,000 about right
But said Mr.. Choate. in the petition filed
with the will the value Of the real property is set
at 5000 You gave your lawyers the information
upon which this amount was based. didn't you?
Yes" replied the smiling witness.
And | also that In the petition the value OF
the personal estate is placed at 10000"
Yes" again replied Mr. Hurlbut.
And you also supplied the information upon
which this amount Is based and testified at a
previous hearing that the value Of the personal
property which your IA her left $4,000. did
you not?'
The witness replied in the affirmative.
Now. will you kindly explain to the Surrogate
why you gave false informatio in respect to the
valuation OF the estate? You were Of course.
aware that this matter would be placed before the
Surrogate, and you admit that you have falsihed?'
Il simply thought that it was customary.
knew that 1t necessary TO put In some
amount" replied Mr.. Hurbut.
And because you thought that it was Gust mary
to falsify be presented TO the Surrogate
lou did SOP
Well" replied Mr. Hurlbut. II didn't know that
il was necessary to put I'm the fuli amount. | was
ignorant of the requirements. thought IL was
customary not to put in the full value of the eS-
tate"
And you told the Surrogate falsehood simply
because you thought it was customary"
oh, said the witness. II you Keep FORCING NE
will simply have TO keep going around circle TO
John E. Parsons who appears for the proponents
II the WILL objected. the ground that Mr. 'hodte
was repeating questions needlessii w., mas, 30 90
but every time do | drive another rail in the
Mr. Parsons became angry. and said that Mr..
Choate was assuming incorrectly; that William
r. Hurbut had squandered his fathers money
AS a matter of fact said Mr. Parsons, "this
money was Invested in business by the old gentle
man, and he shared tn profits when there Were
were merely business investments"
Mr. Hurlbut strcnuousy denied that In mediately
after his fathers death ne had gone his athers
clothes and taken his pocketbook. He said that he
had found the pocketbook desk. He also de-
MED that ne had told Mr. Baker that he had de
stroyed no letters papers after his fathers
death.
Mr. choate finished his examination of Mr.. Hurl-
bat soon after recess. and Mr. Parsons began TO
try to unravel the mass Of contradictory testimony
that Mr. Choate had brought out Mr. Hurbut
said that according his memory nearly all or his
business ventures had made money at some time
I'm their existence He denied that he had ever
msappropriated. or over been accused Of msap-
propriating $4,000 from the funds OF any OF the
businesses In which he engaged
The hearing then adjourned until tomorrow