New-York tribune., 1909-11-28
OLD ESTATE SALE
PROPERTY HISTORIC.
Partition .4ctiOn Brought by H.
L. Stezcart's Heirs.

The sale in partition. to be held by Her
bert A Sherman at the White Plains
Courthouse at lo:30 o'clock on December
IS revives memories of the old litigation
over the estate Of Alexander T. Stewart.
Mr.. Stewart died In 1876. owning the prop
erty which is TO be sold, and which con-
sists OF about one hundred and fifty acres
of land In the towns of Rye and Harrison
IL fronts On the recently constructed state
road called Harrison avenue and the in
tersecting road. Lincoln avenue. Mr.. Stew
art acquired this property at a foreclosure
sale soTpe years before his death.
By his will he left all his property TO
his widow, Corneia NJ. Stewart Mrs. Stew
srt died on October .. 1886. She left Will
appointing Judge Henry Hilton executor
and trustee and practically giving 10 him
absolut, power TO dispose of her estate as
he saw it. Rosalie Butler. a niece of Mrs.
Stewart. contested the will in the Surro-
gates Court. on ;he ground of undue in
fiuence.
This contest. il will be remembered. be
gan on the day Of the great blizzard Of
1855, and Roscoe Conkling. who was coun-
sci in the case for Judge Hilton, lost his
life as a result Of his going to court on
that day and attempting to walk home
ling. Senator Elihu Root and Leslie w
Russell. afterward justice OF the Supreme
Court. were among the counsel for Judge
Hilton. The contestant was represented
by EvarfS, Choate & Beaman. her attOr-
neys
In February. 1887, an action was begun
by Prescott Hall Butler. a brother Of Rosa
lie Butler and nephew of Mrs Stewart.
in the Supreme Court against Judge Hilton
and others to declare void the will of Mrs.
Stewart and TO have her large holdings OF
real estate partitioned among her heirs
The property about To be sold by Mr.
Sherman was part of the real estate in
cluded in that action. The will contest and
the partition action were afterward settled
between the heirs and Judge Hilton. but
the partition action has continued. as a
friendly one ever since the settlement The
final steps in il are now about to be taken,
one Of which is the sale OF the property in
question.
The property is near the country places
Of William A. Read. Richard T Vain
wright. Mrs. T. NJ. Fulton, W H. Catlin
Dom O. Barbour. Oliver Hartman. John
ii. Shuts and Richard Croker. jr. and the
| Westohester Hunt Club.
/ This sale also arouses additional interest
connected with the ground. Lincoln ave
nue. Was constructed in 1865, taking the
place of Thomas street, which led up 10
. the Thomas mansion, The remains of which
are sull 10 be seen. Thomas street took iti
name from Major General Thomas Thomas
/ a distinguished Revolutionary partisan
After long periCr OF active service against
I the British, he was captured there hy a
/ detachment under Colonel Simcoe. his cant
/ ure being deemed so important that a spe-
7 cial expedition was organized 10 effect il
After a march Of twenty-five miles. tn,
British succeeded in gaining their object
but the triumph was not lasting. as Thomas
/ escaped shortly afterward His father
/ Judge Thomas. also a warm adherent tc
I the Revolutionary cause. was captured in
the house. paying with his liberty. and
eventually with his life. tor his devotion &c
the Colonial cause. dying IN the provost
prison. afterward the Hall of Records
/ this city
Near the property took place one Of the
most interesting conflicts of the Revolu-
ton. 4 small body OF farmers. armed only
with old-fashioned muskvts and long hayo
nets, successfully resisted an attack OF
British cavalry. using Jhe formation in
square which afterward Jecame so famou,
al Waterloo. This is said 10 have been IN,
fist time that infantry, under such circum.
stances, ever repulsed "a cavalry charge
This event attracted. il is said. the atten
tion of Frederick the Great. who wrotevtC
I General Washington asking for Il con
fImation OF the report.
Not far away also is the house IA which
4 General Putnam was surprised by the Brit
ish while shaving. but ne. too. escaped by
riding down "A stone stairway.