Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1901-02-07
Hoyt's Will to be Contested.

The Hon. Oliver E. Branch of Manches-
ter has instituted proceedings to contest
the will of the late Charles H. Hoyt of
Charestown, in behalf of Mrs. Ella M .
Green of Concord and Joseph B. Hoyt of
Nashua, relatives of the deceased. The
objections which Mr.. Branch has Just fled
in the surrogate's court in New Y ork are as
follows:
1. Because the said instrument ia writ
ing, bearing date the 18th day of October.
1898, purporting to be the last will of the
said Charles H. HoYt is not his last vii
and testament.
2. Because the said Charles H. Hoyt
was not at the time OF his decease citizen,
resident or inhabitant Of the state of New
York, but was at the time Of his decease,
and long had been, a citizen, resident and
inhabitant of the state OF New Hampshire,
and domiciled therein, to wit at Charles
town, in the county of Sullivan; having
real and personal property therein, and
having no real property in the state OF New
Y FORK and no personal property in the state
OF New York, over which the court may
exercise lawful jurisdiction.
8. That, if the said instrument in writ
ing aforesaid is in fact and in truth the last
will and testament of the said Charles H.
Hoyt, the same is OF no validity or effect,
because it was not executed in accordance
with the laws of the state of New Hamp-
shire, of which, at the time of his decease
and long before, the said Charles H. Hoyt
was citizen, resident and inhabitan Mt, and
domiciled therein.
4. Because he was induced to execute
said instrument by undue influence, over
persuasion and artful misrepresentation
on the part of the said Frank Mckee and
others interested in the making of said
will.
5. Because SAID instrument was not
signed and sealed by the late Charles H.
Hoyt, or by any person in his presence,
and by bis express direction.
/ 6. Because it was not attested aud SUBJ
scribed in bis presence and at lis request
by three or more credible witnesses.
Z. Because at the time Of his decease
the said Charles H. Hoyt was under
guardianship, by virtue of proceeding.
duly instituted by him as citizen and resi-
probate CONT for the county of Sullivan
and state of New Hampshire, bearing the
date the 4th day of August, A. d 1910, in
which proceedings James 0. Lyford of
Concord in the state OF New Hampshire
was duly appointed guardian over the per-
son and estate of the said Charles H Hoyt,
and was such guardian at the time of his
decease.
g. Because. upon application of the
said James o. Lyford thereafter, TO wit !:
on the 31st day OF August, 1900, made and
filed in the supreme court Of the state Of
New York and county of New York, by
the said James o. Lytord, for the appoint
ment of committee of the property Of the
said Charles II. Hoyt, which was then
temporarily within the said state of New
Y ork, it wa,, by order OF the Hon. james
Fitzgerald, one Of the ju'tices of said su-
preme court, dated the 9th day of Sep
tember, 1900, found and adjudicated by SAID
supreme court that the said Charles II.
Hoyt was citizen, resident and inhabitant
OF the state of New Hampshire and domi-
ciled therein. That the said James o. Ly-
ford as guardian of all the property and
estate real and pers ,nal, wherever situated.
state of New York, of the said
Cnarles ID. hOyt, 10 reauy, VIKING ana is
required to account for the same in and
through the said probate court for the
county of Sullivan and the state of New
Hampshire and make delivery and trans
fer thereof to the legstees, devisees and
heirs-st-law, or next of kin Of the said
Charles H. Hoyt, and thereby become dis
charged Of any and all the duties and obi
cations imposed upon him as said commit
tee Of the property Of Charles H. Hoyt
within said state Of New York.