New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-10-28
II. g. HILTON'S CONTEST.
HIS COUNSEL DECLARES THE WILL OF
HIS FATHER UNJUST
SHARP REToRT BY Mr. DOS PAssos TO ONE OF
THE LAWYERS FOR THE OTHER
RENFFlcIARIEs

The application made by counsel for Henry @.
Hilton for the appointment Of a temporary admin
stratOr for the estate of Judge Henry Hilton pend
ing the determination 81 the contest Of his father
VIII 10y their client, led TO passage at arms be-
tween Mr. Dos Passos for the contestant ana
David Mcclure and other counsel who appear for
the benehcaries under the will who are IN favor
% IT'S probate
The grounds on which the application was made
10 Surrogate Fitzgerald were that The delays con-
sequent on the contest would require the appoint
ment by him OF temporary administrator 10 take
charge o. the property until a decision shall have
been made as 10 the validity Of the Will. Mr. No
Clure, who appeared for Mrs CoTneha II. Hugnes'
d daughter OF Judge Hilton who lives in England
and her son asked that ex-Julge Horace Russell a
son-in-law Of the testator. and Edward d. Harris
the two executors appointed by the decedent on
account Of their knowiedse Of the real and per
sonal properties left by Judge Hilton which were
In complicated condition be appointed.
Mr. Dos Passos. when Mr. Mcclure made the re-
Elections on the contestant said that this applica-
ton was simply one for the appointment Of a tenn
porary administrator. and should have been con-
fined within narrow limits. He said.
Mr. Mcclure asks that Judge Russell and M
Harris the executors Of he win be appointed We
oppose this application. because they are interested
mas seen MI 10 make an attack on youns Mr.. HI
charged against HIM by Mr. Mcclure. deslre 10
say nat judge Hilton. who ded last sinnieI, ieit
behind him an uusdVOrV reputation The litigation
over the immense stewart estate haI marcy oeeH
ended. ana there are many people IL New YORK TO-
day Who 30 not believe that Judge Hilton honestly
II Is asserted thai this contest viii be settled out
Of hand in short time, and that temporary ad-
inns atol VIZ .alnaS oe a' ~ ~ Ms
manner
judy Hilton an eminent iurist as q proof that
tes+ss Yasr H01or knov,s ~ mother case where
"A D. 7.
jurs, me name of Judge Henry Hilton sinks into
refer to the late Samuel J. Tuden.
This eminent jurist. Judge Hilton. attached sea-
thing n which the verest tyro IN The LEGAL Irotes
sion would not have been guilty As 10 The Justice
Of the vii let me say that an personally &c
quainted with Mrs Cornela Hughes one q The
iash.ers OF Judge Hilton ana mosI ssn@v3, I
Mcclure. ana though she is unjrst. treated IN
the will. joins IN asking that it Boz sis aimed
she only receives half as mucn as oo Mrs horace
hu.se ana ozone A .D,lt Lll',on an aI ir
her JUST share ot the estate Is obsequiously de-
Mrs Hughes was under the impression tnat ne
vas forced 70 JOIN In SUSTAINING the WI tnrolsn
such provision put in the vii by Judge Hilton
fesred that i, vouid be- c6ntesiea?
The tesiator knew the viii was not & Just and
half what be left 10 his other daughter Mrs. Rus
sen lie sought 70 bolster UP mis- by stating int
provision disinheriting any contestant.
The estate is 81 Judge Russell = hands. He has
ful control over al the property. He has the right
the assets 20 defeat the purpose OF our client.
The idea put forward that Of al the people ~ this
city only these TWO eXecutOrs-Judge Russell and
Mr. Harrs-are competent 20 at temporary
administrators is absurd on is face. Your Honor
knows % fifty real estate agents who can handle
the property just well 4 better than these
TWO gentlemen.
Surrogate Fitzgerald asked Mr.. Humrnel II he
would suggest the appointment Of any particular
person.
NO Mr. Hummel replied. We viii leave the
selection 70 Your Honor
Surrogate Fitzgerald reserved his decision but
allowed Mr. Humme. week 20 put IN aitdavits II
reply 10 those submitted by counsel for the heirs
IN support Of the appointment OF the two executors