The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-13
Its Provisions Contested Before the
Surrogate Yesterday.
TESTIMONY OF DANIEL B. ALLEN.
Going Into the Private History
or the Family.

hanon.t ann IN. courl lou pgsrs looked evident
expectation o0n1ome charming developmentA Inc
Of all This aurry was the expectation tnal IN
teresting features in connection with the proposed
contest OF Commodore vanderoilps win would DO de-
yeIoped The hearing had been set down Tor Two
O'Clock, and the hour approached the court
room filled rapidly. Very few ladies were present
There were several members Of the Vanderbilt family
In he room Cornelius J. Vanderbilt entered and sat
alone. William H. Vanderbilt came in with Augustus
schcll and sat Cornelius. Two pephews oil mo
Commodore together in another part Of the room,
md sons-n-aw, COUSINS old neighbors and irends Oh
the family were scattered through the room. The
special contestant this suit IS Mrs LeBau, one OF
,he Commodores daughters The nature OF the
contest win be learned from the opening address OF
counsel gwen below.
About a uarter after two o'clock Surrogate Calvin
took his seat The called and counsel Tor
both sides announced themselves ready TO proceed.
Before opening Mr.. Scott Lord of counsel tor The
contestant had called the names OF several witnesses
who are be examined in the course OF the inquiry
Among these The name of Mr. Daniel Drew, who
did respond. This over. Mr. Lord proceeded TO
deliver his opening address, which he had prepared IN
writing he read slowly During the delivery OF
some portions Of 1t Mr. William II. Vanderbilt scowied
rather darkly while at other times he sneercd and
laughed a. the charges uttered
Mr. Lord read follows
THE OPENING
MAY PLEASE THE CoUgr-Ihc prepayment having
offered his formal proof II due to The case that the
contestant state briefly The points relied upon ny her
in demanding The Judgment OF this Court, that the
probate OF the will oil Cornelius Vanderbilt be revoked
10 say that who had tho capacity 10 accunu-
late $4,000 1000, and who naturally possessed
vigorous VIII, had not the capacity TO dispose
of his estate, or WAS subject TO undue influence SO
that the disposition Of his property was con-
one unacouain,cd win The iacs would hest
tate to beeve. We concede at the outset that man
do what he Will with his own, provided he mas the
requisite mental capacity or is not unduy influenced,
however repugnant the disposition OF his property
may be TO the Just expectations Of his kindred or To
The general policy and laws Of his country Yet we
nfrn that there Is case on record presenting SO
disposition OF property does tue before the
Court Cornelius Vanderbilt, the testator died. after
Bccumulatng property-inc!udins property he had
gwen the prepayment and residuary legatec-of
ihe value Of $l00,00000 600 Ito lott him surviving
two sons ana eight daughters, who, under
The statute Tor many years SO universally
approved entitled to equal shares OF his
estate and yet alter disposing OF about s5oOO0 IN
general and specific legscies he gives. or had siven
The remainder 500 600 600, TO one OF his sons
While his will is SO UNJUST TO his daughters the in
equality and injustice is more manifest as between
Inc sons. Both certainly had equai Claims upon him
but we affirm that the son who Is practically dis,n.
herted had the higher Claim OF the two, because OF
lifelong painful disease, which, while II has not
impaired his mind, has caused him great physical
MS OPINION or WILLIAM II. VANDERBILT.
Commodore Vanderbilt, IN his great railroad
proIect, the basis of his colossal fortune relied upon
. himself called neither oil bis sous 10 his AID,
because he did not need their assistance though
few years ago he called his son, William H. Vanderbilt,
fro Staten Island farm he mad gwen him TO take
charge OF one OF his roads, yet ne Mas on clay IN the
hands Of tue potter" IL was not unusual when the
Commodore called IN trusted emplOye TO aid him IN
The details oil some great plan TO say TO MN, Don't
let William know anything about this plan uniii !,
Is completed, else he Will think that he originated
IT. Yet, in the end, to this son he gives
such colossal fortune while TO the other
he gives only limited interest IN hve
per cent income $500, O00 the principal beng but
the nvehundredh part OF his estate More tnan this,
he subjects him TO "A degradation unparalleled IN inc
history OF Wills In his hletiIno he IN the habit
OF paying certain TO his Cornelius, leaving
the expenditure 10 his discretion; but In tins VIII,
caused by influences which will hereafter appear he
puts the bearing his own Christian name under
vassaiage odious that every instinct oil his man
hood revoited against H. All The rigbt that he has IN
such five per interest Is his maintenance; not one
iartning oil money can he demand as right II he
should live hundred years. HIS elder brother who,
advised, Drought about this result, can
tell him where he may DO led and clothed
aud when and where he may CO. Ihat ne Is capa-
BILE OF doing this will appear when, upon an
other branch Of The case, II j. shown that after IN
ducng his brother by the promise Of $l,OOOO0O TO
withdraw his opposition TO the will he had the mag
nanimiiy TO offer him ten cents on the dollar and de-
ped the making oil the promise.
While In regard 10 the daug hiers the injustice is not
quite SO great yet II mayb characterized as an out
rage upon their rights, calling certainly Tor an cxpla-
nation 1t Will app, ar that the relations between Com.
modore Vanderbilt ms daughters aud their children
were always amicaDe ana nc very well knew that he
had raised expectations the $500 900 to 100000 he
gave utterly iaiied TO meet.
The counsel then proceeded TO dilale the alleged
domestic actions OF the testator Tor the purpose OF
showing ground for saying that he was unduly innu.
enced in arranging the disposition OF ms properly
DANIEL r. ALIENS TESTIMONY.
This remarkable opening address over counsel Tor
the contestants called TO the witness stand Mr. Daniel
Ii. Allen, no was examined by Mt. Lorl. Mr. Allen,
who is a vigorous man. though white haired ana
dently well advanced toward the three and ten
SAID had resided IN New York over liiy years;
son-in-iaw OF Commodore Vanderbilt, one OF whose
daughters hc married ~ 1854 he was 10 the Commo
aoie's employment Tor lhiriy yea1s, ending ~
1884 and had known William H. Vanderbilt
ali that time; the members OF the Commo-
doro's family were PhGOe Jane twho married
James M,s CrossL Ethel Lila twhom witness
MARI ed Eliza twLo married Mr. George A. Osgoodl,
William H.. EMMY twho married William n. Thornel,
Sophia johnson " ho married Daniel lorrancel Cor
neiius, Jeremiah Mary Enza twho married ~ B.
Jabuul Catherine (who married smith Barker, ana Is
now married Tor The second limc), and Maria Louisa
twho the junior OF Mrs. Torrance and who married
Horace Carkel those are the living ones; there arc
10 dead charcn Of The Commodore leaving issue.
q. VIII you state briefly your relations with Com
modore VanderbltY A. During the time was with
HIM had entire charge OF his steamboat steam
snip business; that brought US daily 10 Contact.
a. You recolcct Il time when difficulty arose In
regard the Comnodore's vile. which resulted
being taken TO iupatic asylum A. DO.
matterY A. nrst heard OF 1t IN 1916 IRON my wfc.
ON motion OF Mr. Chn,on, tnis answer was stricken
q Had you any talk with any one else about the
matterY
Mr Clinton objected to this line OF questioning as
irrelevant but the surrogate, dccmlng that something
was due TO the standing OF counsel entertained the
question: rescrvng the right 10 strike IT out II not
nected with the suOJect AT issue.
Mr. Allen, answering, SAID u was Impossible to recall
all that had passed Dut would state generally what he
recoiieced lie teen explained how, at the Com
modore's request he anu MS vile went travelling with
Mrs. Vanderbilt for ABOUT weeks Tor the benefit OF
her health in tho summer 81 1886 The following tall
she was sent TO DR.. NcDonald.s private asylum at
Flushing.
q. Did you have any conversation with William H.
Vanderbilt about her removal 70 the asylum a. Yes
q. VIII you state what was saidy A. William tod
me he could not justly The act; he had good deal
OF sympathy Tor his mother, but the old man
bound have his own way, and II was useless To OPP
pose him; he bad made up his mind not 10 do SO, IS
his own interest was TOO much at stake; tod him
witness sail now my vito and other members Of the
family sympatnzed with his mother, but William said
IL would only irrltate the old man TO oppose him.
q state any further conversation you remembcrY
A. There were several conversations The subject,
and always the sentiments expressed by William we're
The same ms have stated. during Mrs. Vsnderbilts
stay At The asylum, and when some months had
elapsed after had been removed thereto talked
OF her return home; tue Commodore then lived
salep IsaDa IN lDat year he Dut the housc IN Masn-