The New York herald., 1877-11-23
THE VANDERBILT WILL.

MRS. La BAu's CLAIM ron TWENTY THOUSAND
DoLLARs-THE LATEST RuMoR OF COM
PROMISE DENIED By COUNSEL.
An application was made yesterday to Surrogate
Calvin, by Mr Scott Lord, counsel for Mrs Mary
Alicia La Bau, contestant In the Vanderbilt will
case. for advance Of $4,000 on account Of her
the OF her father The petition Mrs
La Bau read by counsel, and IL stated that she
OF the OF kin OF the testator, and that
the personal properly OF her father $75 0O0 00O
that her share would In the OF intestae
decison be about vc millions OF dollars, and that tho
general and specific legacies amount 70 less than
800 0OO She that according clause IN tho
will which she Is bcqueahed interest IN railroad
bonds tnat Sl2, 900 now due to her and unpaid
interest She also states that she Is now in pos
session OF income which is more than sufficient to
support herself and famay OF tour children
moderate manner, and that since January last she
has subjected to extraordinary expense by rca-
son OF the litigation the probate OF tho will and
that she Is unable 10 support herself aud family in
the manner appropriate to their station and condition
life. She therefore asks that an order may be made
directing the executors OF the wiii-name'y. W. H.
Vanderbilt W. X Vanderbilt and Samuel Barton-to
pay 10 her OF the goods and chattes OF the late
Conn odore such the Court may dcem rea'
sonable and proper but not less than $50 U0O as IN
advance on account OF her dsirbutive share in hei
aners property in caso probate Of the Will Is
voKed and as an advance on account or nor legacy
in case the probate Of tho VIII y nnaiy confirmed,
counsel Tor the executors, VINO denied tnat the sur
rogale had legal authority 10 grant tho motion He
money, aud that the appropriation Of this money
IRON her iathers estate for the maintenance OF this
opration OF the funds OF the estate
Mr.. Lord denied that tho statute under which this
petition came before the Court was limited TO the ex-
tent described by Mr. Clinton. He also said that no
injustice would be done executors because they
required only 70 make this payment when u could
be done wlth perfect safety, and tho Court could re-
quire security
The further argument was adjourned to the Both inst
THE RuMoRKD COMPROMISE
report lrcuaLed In the city yesterday that
compromise Was likely to be effected between Mrs.
La Bau and William IL. Vanderbilt. II was said that
this have been brought about by friends who
had, ever since the opening OF the case before tho
Surrogate boen STRIVING 70 stop the unpleasant ltga-
tlon, ana that their efforts wero likely 10 be
crowned with SUCCESS. 1t appears investigation,
however, that such sudden termination Is not likely
to be had
A HERALD reporter called upon Mr. Scott Lord, Mrs.
La Baus counsel yesterday IN relation 10 the matter,
and had the following conversation with HIM
REPORTER (showlng Mr. Lord 4 memorandum OF the
report-ls this trueY
Mr.. LoKD-ltis Is not
RRPoRTER-fhen settlement is likely to be made
between the contestants
Mr. LoRD-None that know Of
RKpoRrKR-Are any negotiations pending looking to
such AN enuS
Mr.. LoRD-Not now sir. The contest as TO the Van
derbt will has not been discontinued and know OF
negotiations 10 that end The contestant expects
to 90 on with the case the day 10 which It was ad
journcd
REPoRrER-Have there been any suggestions OF .
compromise made TO you by anybody on the other
sde5
Mr. LoRD-No There have been suggestions OF.
fercd by mutual friends Of the family ~ discontinue
the litigation but these have not assumed any definite
shape.
KEpoRrKR-Is IL possible that settlement may be
had before the next trial days
Mr.. LokD-Anything is possible, sir For instance,
MIR. Wander bits mind may DO, and have been In.
formed that II Is, wavering on the subject But
know OF no negotiation toward q settlement either Of
Cornelius Vanderbits suits for the 81, 0000 900 prom
ised him, the $1,000, 900 which he sues
damages, OF Mrs La Daus suit have the Will set
aside.
REPoRrER-would you know II any such nego.ia.
tious were pcndIngf
Mr.. LoRD-I would. Mrs La Bau would not consent
TO inle erview witn such object In view without
first consulting me, and should any proposition be
made TO her would reier its consideration to me.
Cornelius Vanderbilt wpuld not act IN MS own suits
without the advice Of Ms counsel, Mr.. Ethan Alien,
who is also associated with me in The La Bau case
REPoRTER-Have you any reason TO believe that the
other side are hkey 70 make any proposals Of peace
your
which would lead 10 expect such thing Mr. Van.
derbilt may ieei now that he bound 70 20 with
lest Il should be said that the charges against
him he knew TO DO true and he therefore compro-
mseu. This case has been conducted IN somewhat
unusual manner. Mrs. La Bau acquainted Mr.. W. H.
Vanderbilt With the charge she WAS going 70 prefer
place The of the exposure upon hts shoulders
should he determine TO 20 on. He did SO, and al
tons 10 be- true, he may still believe that they not
strong enough to cause the will to be set asIdc.
REPoRrER-Ihs case will therefore go on without
Mr.. LoRD-It will, most assuredy.
Mr.. Ethan Allen, associate counsel In the La Bau
contest and attorney tor Cornelius Vanderbilt was
next visited and he said that there not word OF
truth the any LIQUIDATION in TACT Tor it
He certain that he should know II any such nego
were not the TACT that the set down for
December 8, when It would surely bs resumed.