The times., 1899-10-20
BILqON'S WILL ATTACKED
The TeStatOr'S Son Files Notice of
Contest in New York.
One of the Allegations Is That His
Father Was UnduIy influenced
His Share n Qualified Request of
$4,000 Out of S8.OoO,oOO ES-
tate-The Executors Retain Counsel

/ tOA- \. II. Hutnnel, on neudlI OIL fleAl4
C. Hilton, son Of the testator. today filed
in the surrogate's court notice OF the con-
test of the viii
Mr.. HummeI said that Mr. Hilton, his
client, asserted that the paper executed by
former Judge Hilton on April 13, 1897,
which had been filed for probate purporung
/ to be the last Will of the decedent, was not
/ the last will, and that the alleged execution
! thereof was not the free, unconstrained,
or voluntary act of the said Henry Hilton. "
Mr.. Hilton, through Mr.. Hummel, made
this further assertion: That at the time
of the execution of the said viii, the said
/ Henry Hilton was not possessed of legal
! and testamentary capacity to make a valid
/ will or testament; that the said paper was
not subscribed, published and attested as
and for last viii and testament in con
foTmity with the statute in such case
made and provided; that the paper pro-
| pounded for probate as the last will and
testament of said Henry Hilton is not valid
as SUCH
Mr.. Hummei said that the will was i'm
/ properly executed because the testator did
not, at the time of making his signature at
! the end of the document or at the time of
| the alleged acknowledgment of it, declare
! II TO be his last will and testament. He
/ also said that the will was invalid because
/ the attesting witnesses did not sign their
/ names as such at the request of the late Mr.
/ Hilton. In his formal notice of his in
tention to contest the will, Henry c. Hilton
also said that the said paper, purporting
10 be the last will and testament of the
said Henry Hilton, and the execution
thereof by the said Henry Hilton were OBJ
talned by undue influence thereof coercion
from INV M ton,
upon the said Henry Hilton by some person
or persons unknown TO contestant
The petition for the admission of the
will for probate set forth that the estate
was worth $6,000000. OF this amount
! 81 600 was said TO consist of personal
property. The following provision was
made for the present contestant in his
! fathers will
My executors are hereby authorized in
their discretion to set apart out of my
estate the sum of $4,000. out of which
they may from time to time, as they may
see ht pay to or for the use of nv son
Henry G. Hilton, and his wife, Agnes S.
or to or for the use Of either of them,
such sums and amounts as my executors
shall see fit, or shall consider proper or
eXpedient"
The will contains a clause which pro-
yides that should any devisee or iegatee
oppose the probate of the viii or contest
it, such person should lose all interest
under the will. When asked what effect
this clause would have, Mr.. Hummel said
NO effect at all MIR. Hilton will not
accept the pittance bequeathed to him He
wants his full share in the estate"
The first clause in the will provides that
$4,000 each is to be given 10 Cornelia G.
Hughes and Josephine H. Russell. the
daughters OF the testator, and that Edward
B. Hilton and Albert B. Hilton. two Of
the testator's sons shall each receive $780,
coo. Henry G. Hilton, the remaining one
Of the testator's five children, did not re-
ceiYe legacy of $4,000, nor in fact, any
other share in the estate than the income
from the $25,000 trust fund. The testa-
tor bequeathed to each Of his grandchiI-
dren $4,000. To his brother, James Hill
ton, Of Iowa, he gave S., 600; to his sister,
Mary Ann Brown, $1,000, and to his sister.
Eliza Hilton. S1o,0 600. These were all the
specific bequests.
The remainder Of the estate the testator
decided, should be divided into twelve
equal parts. To his daughter. Cornelia II.
Hughes, the testator bequeathed two of
these parts; to his son Edward b. Hilton,
two parts; to his daughter Josephine II.
Russell, four parts. and to his son. Albert
y. Hilton, four parts Certain limitations
are attached to these bequests Of the resid-
uary estate. The shares which were be-
Queathed to Mrs Hughes cannot be sold
assigned or transferred, and at her death
are to go TO her son Henry H. Hughes.
The same condition IS attached to the
shares bequeathed to Edward B. Hilton.
/ but the executors of the viii are en-
powered TO pay two-thirds Of the shares
/ to wife Dorothy. The shares of the resid-
uary estate which were bequeathed to
Albert 3. Hilton. cannot be disposed of
by him, and are not even to be controlled
by him. The property given to him is TO
be held in trust by the executors Of the
viii and they are TO pay TO him such sums
as they see fit
Former Judge Horace Russell and Ed
ward D. Harris, of Yonkers, are named as
executors of the will. In a memorandum
added to the will the testator said: Il
would like to have felt that my dear friend
Eiihu Root would have served as executor
but l heard he would decline the trou-
BILE"
David Mcclure has been retained as
counsel by the executors of the will and
John r. Dos Passos Will be associated with
Mr.. Hummel as counsel for the contestant.
Mt Hummel said today that while the
petition only placed the value Of the estate
at S6,0OO,000 it was much more valuable.
He said:
THE law only requires that the value
of the property located in the State shall
be given in the petition We believe that
the estate is worth several million dollars
more than the amount stated in the peti-
/ ton
The contest viii probably be tried at the
+ November term of the Surrogates Court.
Henry G. Hilton was present TODAY
| when his notice of contest was filed. He
declined to talk and referred questions to
! Mr.. Hummel.
! In the envelope containing the will the
/ late Mr. Hilton, on a separate piece of
/ paper, wrote: 4 have made a muss with
the mucilage, but l have carefully traced
. the words that were blurred" 4" In regard
/ to the will he also wrote: Il have con-
suited with nobody about my will. nor has
anyone talked with me on the subject"
There is a strange fatality In the fact
/ that the late Mr.. Hilton's Will should be
made the subject of a contest Much of
/ Mr. Hilton's real estate came TO him from
/ the estate left by the late Alexander T.
/ Stewart whose will was unsuccessfuIIv
contested and whose estate was made the
subject Of litigation for more than twenty
years.
Former Judge Hilton became involved
in the litigation over the estate of his for
mer friend and client Alexander T. Stew
/ art. When Mr.. Stewart died in April
/ 1876, he left a will by the terms of which
/ Mr.. Hilton received a large legacy. A
number of persons who asserted that they
were relatives of the dead merchant con-
! tested the will, but Judge Hilton defeated
/ their attempts y have it set aside. Short
/ ly after her husbands death Mrs. Stewart
! transferred to Judge Hilton all of her in