The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-11
THE VANDERBILT WILL.
OBJECTIONS OF THE CONTESTANTS PILED IN
THE suRRooATE's couRr-THs BATTLE


| GROUND DEFINED.
The tocsin peal which on las. Tuesdays week ago,
broush, the son Of the great Commodore and heir 10
bis fortune TO confront hts relatives Cornelius
| j. Vanderbilt, Eihelonda v. Allen and Mrs. La Bau.
dispute his rights principal legatee, gave out
no unmeaning sound. The gage oil battle was then and
there thrown down and accepted. The next step 10
lnai encounter was TO the conditions upon which
The battle was TO be fought yesterday being liked by
the Surrogate for that purpose The following was re-
corded by the umpire great gre vance OF each
contestant, and on which they staked the result
CORNELIUS vANDERBiLr's DIRECTIONS
Frst-He alleges that SAID paper writings are not the
last will and testament OF Cornelius Vanderbilt
secosd~-That deceased did not sign said papers At
the end thereof or al all
Th,rd-rha, deceased did no, sign the papers IN
presence OF the attest,ng witnesses
FourM-Thas deceased did not declare the papers In
presence of the attestng witnesses 10 be his last VIII
and codicL
F!tth--Tna. he did acknowledge the subscription
Of SAID papers IN the presence OF the subscribing VIII
SixM--That deceased did not at the time OF signing
and sealing II ne did SO sign and sea- such papers.
acknowledge the subscription and seal thereof 10
have beennado by him, nor declare the papers TO be
the last VIII aud codic OF the SAID Cornelius Wander
blL
Serenta--That the attestng witnesses did not sign
their names as witnesses Al the end OF sad papers ~
the request OF Cornelius Vanderbilt, deceased
Eightl-rhai the atesting witnesses, nor any OF
them did subscribe sign names. If they did
subscribe the presence OF SAID Cornelius
Vanderbilt deceased.
Ninta--Tha, said witnesses did not sign their names
as witnesses III presence OF each other
Tenth-Conteslant alleges that the said Cornelius
Vanderbilt deceased. was not OF the time SAID first
named paper writing purports TO have been executed,
at any time when II executed II executed al
all, at tho time said second named paper writ
ing tine codc purports 10 have been executed at
any time when II was executed. II executed al all, OF
sound mind or memory. or IN any respect capable OF
making will or oil making codic.
Etsrenlt-He alleges that said paper writings, and
II executed by Cornelius Vanderbilt, deceased,
Obtained and the execution thereof procured by fraud
and crcumvenion and undue influence pressed against
and upon SAID Cornelius Vanderbilt, deceased by Will
liam II. Vanderbilt and by some other person or per.
sons unknown 70 this contestant
Ttceifh-That said papers, writings and the exccu-
ton thereof, II executed by Cornelius Vanderbilt,
were procured by undue influence and the execution
thereof BY fraud and crcumvenuon by William II.
Vanderbilt or by and through the medium OF others
another At his instance.
ThtrteenU--That the papers and execution thereof
procured by fraud, circumventIon and undue
duence exercised by wlniam II. Vanderbilt personally,
and by and with the aid OF others and another lin nti
| relations with te6tatOrl
FourteenM-Hc alleges that said papers, II executed
by Cornelius Vanderbilt, really voluntarily
executed by him. or that the subscription 10 said
papers procured by fraud restraint and
exercised upon HIM by William II. Vanderbilt or some
person or persons unknown TO this contestant
Fyisenh-He alleges that the said Cornelius Wander.
bilt. the time he is alleged TO have executed the
papers, by reason OF deuson morbid and menta)
MANIA tai disorder, loss absence OF natural
and age. disqualified to make any tesiamcnlary
disposition Oh pIope1ty VI any
| tary act or acts
S,rteenA--He alleges that the SAID Cornelius van-
derb!i by reason of MANIA an unnatural desire and
inclination TO pepeluaie his name, wealth and power
BY the concentration OF his property in his son. ths
said william II. Vanderbilt, and in the latter's chill
dren had thereby become incapacitated from aKinq
any wand tesamentary disposition Of his property be-
fore and At the time Of executing the said papers and
writing That influenced by such delusion he had
undue and unwarrantsd regard for OF his children
the said William H. Vanderbilt, and unjust and un
warranted aversion to his other children, subjectinl
| the said tcstator the more to the undue lnhuenc'
brought to bear upon him by said William II. Wander
] bilt, and BY those whom he called TO his aid.
.Serenteenh-He alleges that the said last will ant
codici each OF them Invalid In law and llega
and void, and every provision therein contained il
| illegal and void
Ethan Allen, proctor for Cornelius j. Vanderbilt
| jeremiah s. Black, Scott LORD. Ethan Allen, o
| counsel
Objections 10 the will have also been Gled on thu
part OF Mrs. Eiholanda V. Allen and Mrs. La Bau
similar in substance TO the foregoing objections 0
Cornelius J. Vanderbilt Thursday, the 18th inst ha
liked for the hearing Of counsel before the Surro
gate Tor the probate Of the will and the objection