New-York tribune., 1909-06-20
HEWITT WILL SETTLED
prL4TTTES TO RECEIVE
fBOUT 81, 800 ,0OO.
thief Legatees Consider That Most
of s. 400 900 Estate Came from
Father and Brother.
rh Telegraph 70 The Tribune J

IBy Telegraph 70 The Tribune
o,ero. Y Y. June 19.-The announcement
.,-ssv that settlement has been effected in
-. sui 70 break the viii of Frederick Charles
E.witt Of Ouego. who died in August, 1905.
hrines tc an end one Of the most bitterly con
,..se5 ntiFations in the history Of the state and
,,ssrs the way TO speedy disposition of more
han S509a00o
Mr Hewitt. an eccentric bachelor. bequeathed
e513nao 70 art education and philanthropy.
nut left nothing 70 the contestant Mrs. Char
totts H. Arnot Of Elnira. who is his sister and
soe surviving near relative. At the close Of q
conference Of the attorneys interested in the
case the following statement was issued late
this afternoon by Fred ". Clifford OF Owego.
Of counsel for the proponents,
The contest over the will Of Frederick {.
Hewitt has been settled 10 the satisfaction Of
su parties concerned By the withdrawal Of the
objections II the probate OF the will The viii
Is 10 be admitted to probate AT a. early date.
II il understood that the public institutions
which we're the chief legatees haze taken into
consideration the fact that most Of Mr.. HeU-itt's
fortune came 10 him through his father and
brother, and have agreed that the family should
share in his estate 10 the extent Of about
S5o0eo0 including the amount given 10 mem
hers Of his family by his Will
The name Of the institutions which have con-
ssnted 70 turn over to the contestant a part Of
the legacy left them by Nr. Hewitt were not
made public
LEFT $4,000 TO RELATIVES
The requests left TO relatives are. in the ag-
rrerate, $4,000. Of which 100000 is left TO
Nj. Hevitt's niece. Mrs Frederica H. Elwood. of
Rochester $4,000 each to Mrs Fannie A Whit
ney, Of Rochester. and James T. Purnpelly, 81
ovego. niece and nephew. respectively. OF the
,sstator: $4,000 70 Gurdon H Pumpelly, Of
ovego nephew and one Of the executors Of
the will and $4,000 each 70 Mrs Harry Allen,
of New York. Dr.. Lawrence Pumpelly-. of OUego,
AID Mrs. Victoria Powers. cf Rochester the two
.rst named being children Of James F Punpelly
and the last named the daughter of Mrs. Elwood-
The principal requests are 100000 TO the
New York Post Graduate Medical School and
Hospital. S1.5oo.oeo to the Metropolitan Museum
Of Art which Is also made the residuary legatee:
$500 600 TO Yale University. Of which the tes-
tstor gas graduate class Of IS; S2oo,0o0 to
the Little Missionary Dar Nursery, Of New
York: sle9o9o each TO the Free Industrial
School for Crippled Children and the Sheltering
Arms Sociasy Of New York and the Netherwood
New, Jerse,- Fresh Air Home. $4,000 70 the
Cobvrn Free Library. of Owego: $4,000 TO the
Society for the Prevention Of Cruelty 70 Anil
raIs and s5.o09 70 the Temperance Industrial
and Collegiate Institution ot Ciarenaent. Va
The case presented several peculiar aspects.
For instance tSurdcn H Pumpelly. who, with
coansy Judge George T Andrews. OF Owego.
vas uaued as an executor. vas placed IT an
ext-salinsrv position. As executor he chose
10 defend The viii Had the 1-ilI been upheld he
would haze received about seo.ooo, including
fsef r. however. the case had been decided in
fsVor cf the contestant NJ Pun1pelly would
have lost his Iegacy Of $4,000. and the property
ssud have been divided among the sister. niece
and Two nephevs Of the deceased man As Mr..
PunpeIlv * one q the nephevs. his share Of
the division would have amounted 70 about
flsea9o0
CONTESTANT ALREADT WEALTHT-
MIS- Arnot. who vas the contestant IN the
case Is more thar eighty years old and bed
ridden He. wealth Is reputed ~ more than
Ee901on These facts the proponents would
have declared prompted Dir. Hewitt 70 cut her
oE IN ms VIII Tne principal ground on which
the contest -ss brought was that Of incompe-
tsncy ca the part Of the testator, the contest
ant asserting thar - the time he made his viii
kr EeTitt vas 81 unsound mind IS The result
e sn advanced stage Of Bright-s disease. The
vii Itself however. tended n dtsProVe this as
ss.tion. The instrument was written by Mr..
Ee-itt himself and even she handwriting eN-
perts who testified for the contestant we're
forced 70 admit On the stand that the will was
enc Of The most beautiful exhibits Of penmsn-
ship ther had erer seen. Despite the fact that
The testator vas sixty-nine years old when he
drew ths viii there is not misspelled word.
erasurs OF misplaced punctuation mark
throughout the instrument, which IS Volu-
rnous affslr.
II vas conceded b the contestant that IN so
Ear the phraseoiogy was concerned the VIII
vas fsvless Disinterested lawyers who have
reviewed the evidence adduced in the case oy
tas contestant are practically unanimous IN the
e1.nion that there was no danger Of the VIII
hsing broken. They say that even had the pro-
pohsnts had an opportunity 10 rebut the EVIL
asnos of the contestant and the Surrogate re-
fused 70 admit the will 10 probate the upper
courts would have reversed his decision II Is
believed here that the henehciaries who have
consented 10 the eettlernent have done SO on
The theory that 10 receive part Of the amount
bsguestned 10 them soon would be preferapie
to waiting several years until the case has been
fought to finish in fle courts on the tr1al
of the case John 3. StancfIield. of New York.
appeared as chief counsel for the contestant
ssd Martin s Lynch. of New York, as chiet
counsel for the proponenf.