New-York tribune., 1901-11-17
RHINELANDER ESTATE SUIT.
A FRIENDLY ONE BROUGHT FOR THE
PARTITION OF, THE PROPERTY.

An action was begun in the Supreme Court yes
terday for the partition OF the Rhinelander estate.
which comprises property valued at many millions
OF dollars The suit is friendly one brought by
William r. Stewart LisPenard Stewart and Thomas
7 Oakley Rh,nelander as trustees under deed OF
trust executed on March IS 1891 by William Rhine
lander Matilda O. Rhinelander his wife; Mary r.
Stewart and Serena Rhinelander. against William
Rhinelander and Lispenard Stewart. as executors
and trustees under the last will and testament of
William C. Rhineander. and against William r.
Stewart, Lispenard Stewart and Thomas j. Oakley
RhineIander. executors and trustees under the
will of Julia Rhinelander. and twenty-five other
defendants.
The property to be partitioned is situated at
Twelfth-st and Sixth-ave. Washington Square and
Fffth-ave. Clinton Place and Fifth-ave- seventh
ave. and Fifteenth-st.. No 130 Broadway, Washing
ton-st and Park Place. Broadway, near Broome-
st: Rose and Duane SITS. Eleventh-st. and Sixth
ave Thirteenth-st and Sixth-ave.. FoUrteenth-st-.
near Seventh-ave.; Twentieth-st. and SiXth-ave-.
Eighty -eighth-st and Lexington-ave-, Nineteth-st
and Lexington-ave.. Eighty-ninth-st. and LeXinS-
ave, Eighty sixt-st. and Second-ave.. Eighty
seventh-st.. Second-ave.; One-hundred- and
fourteenth-st. near Second-ave; One-hundred- and
fourth-st.. Manhattan-ave.; No. 1o2 in st.
Pauls Church. and Ninety-seventh-St. and Central
Park West. There is also some leasehold property
a Eighty -siXth-st. and Secondary
William c. RhineIander died Jene 20 1878.
leaving his only heirs and next of kin his chill
dren, William Rhinelander. Mary r. Stewart. Julia
lander died October II. 1890 leaving her heirs
her brother and sisters. She attempted to
ercise power of appointment as 10 her share in
her fathers estate in her will. but it subse-
quenty declared void by the court. and her share
in the property passed her brother and sisters
The deed of trust executed by Rhinelander. his
wife, Mary r. Stewart. and Serena Rhinelander
was made in March. 1891. and conveyed to the
plaintiffs equal fourth part of the residuary
tate devised by William c. Rhinelander i'll his WILL
Mary X. Stewart died on october T. 1893. leaving
three children, w. K. Stewart, Iispenard Stewart
and Mary S. Wtherbee and her will admitted
to probate November >, 1898.
The complaint. which is drawn by Bowers &
Sands attorneys for the plaintiffs sets forth that
they and certain of the defendants owners and
tenants in common of the property to be parti-
toned. The plaintiffs hold trustees one-twen-
tieth share under the deed OF trust the share of
w. r. Stewart, who is entitled the income for
life: the defendants anita Stewart and William r.
Stewart, jr., entitled to a remainder of
half of the property. and the defendants Lispenard
Stewart and Mary s. Witherbee to the interest of
W. r. Stewart. who left descendants. for their
ives. The other defendants may, under certain cir
rumstances, become entitled interest in the
The plaintiffs ask for judgment declaring and
the rights of all the persons interested
N the estate. and partition made of the property
and II such partition cannot be made, for permiS-
sion to sell the estate and divide the assets.
They further ask that the attempt by Julia
2hinelander to exercise her power of appointment
n her fathers estate be declared void. and that
he acts of the trustees and executors In disposng
If acquiring other real estate be approved.
The executors and trustees have acquired con-
siderable property adjoining that held by William /