New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-11-13
THE PROCEEDINGS.

v n. j.
tnal tral before Surrogate Calvin yesterday afternoon
The will WIS originally contested by Cornelius Van
dathit but that contest was withdrawn on some sup
posed arrangement between william w. Vanderbilt and
the contestants. COrneus J. Vanderbilt claiming mat
his brother has kept bis promises has induced ms
sister Mrs La Ba to renew the contest under the act
permitting amy heir not previously contestant 70 alleH
the probate u will within one year.
TIE SurFogates room filed with persons connected
with the Vanderbilt family, ana witnesses In the proceed
ing. The contestant was represented by Ethan Alch
scott Lord. cx-Iu1ge Jeremiah Black aud Sutherland
Tcnny. Ev-Trdg' Comsock, Henry h. Clinton and Th"o
dore +. Ieeds appeared for william II. Vanderbilt and
the opponents Of the WILL After brief calling Of some
witnesses names Lord opened the contest as fol-
lows;
Mav Il please the court:
Tic nrouonrnt having offered his formal proof, Il IS
due the that the contestant state briefly re
UOnts relied upon by her in mGnding the judgment OF
th. Cnurt that The probate Of ne viii OF Cornelius Van
t. .ay mat man who had the capacity to accumulate
S1O0OOO00o. ana who naturally pos, ,se vigorous
w nab the clpacity to dispose of hs estate, or was
ci 10 undue influence, that the dispus ION Of his
ton which acquainted with me facts would hesitate
to believe. We corccde, N TIE outset that man can
do what he VIII Wi,h ms own, provided re mas me isq-
site mental capacity or is not uuduy Influenced how
ever rcpugnaut the disnosiiion or ms rropertY
may be O. me Just tXpeciasiOLs oI ms hlh'ieH OF
10 me general policy and laws ~ his country.
Yet affirm, tnat there sno case on record presenting
r? surfing an lnrquay ana 20 uiJusI ana uHIi''r.l
disposition II property does the d>c before the court
Cornelius Vanderbilt the testatOT. die, after dccunu-
afrg propcrfy-Hcuding property lie mad given a. tue
up ~ and rcsiduary lclacc0f the yaue of Sl00,-
O0OOGO. He cit HIM surviving Two sons and cgh
dau hiers who, under the statute 'or many Years so
universally approved are Guided To equal shares ~ s
estate: aud yet. after distressing OF about ~5Oc0,oOO
~ general and specllc legaces he gives OF hl gwen
the remainder, S9J,O0OOOO. to one or hlS sons.
Will lis VIII is unjust % hi daughters, hc inc
quality and Injustice ~ more manifest a, heIWtlh
the sons; both certainty had equal claims upon ma,
but affirm that the son who IS practically dis-
Inherited. had the higher clam OF the two,
because 81 lifelong anu painful ui-el,SG, "IlcH,
physical suffer- z
ComTodore Vanderbilt in his great railroad projects
called neither Of ms 10 bis aid because he did not
need their asst ancr. Though few years a20 ne called
faim be had given him. to take charge Of one OF his
roads, yet hc was bu clay in the hands OF the roter
trusted emplOvt aid him the details ~ some great
plan to say to Linn, " Don't let William know anything
iot ne u'' orinled ~ YET III re end to is son ne
gives such colossal fortune while 10 the other he gives
only limited Interest IN ave per cent income on c-UU
O0o the principal being but the fiyc-aundredth part OF
More ihan t4is, he subjects him 70 Q, deg
radiation unparalleled in the history OF ,will1 In
bis cle emo su ne was hi. IN 'n' c5 D o. yn5
the expenditure 10 his discretion bui 10 his viii, caused
10y Influences which sin hereafter appear. be ruis the
son nearing his own Curitian name under vassa lee
odious mat every instinct or his manhood IeEocd
au,t IT, All e. right ihht be has Ia sl'h D per M
interest his maintenance; Hoi one farming money can
ne demand a right n he should liv" hundred e''i
rs elder brother Who, we are ADVISED htous ap"1I
this result tell hln where hc may Ne icd ana ned
aud when and whore lie may 60 Inat he Is capabe oil
ing this VIII appear @heu upon another bfanc1 OF ie
case II shown ihai after inducing his brother by the
promise oi Sl0OO0JO To withdraw hi, opposition 10 the
viii, he had tine utganmlty 10 Ohtl MN zen Genus Oh
tie dollar. and denied the making Of ID" promise
While in regard to the diuIhstIs TIE Injustice
terzad ~ an outrage upon their rights, cali
Dear thai the relations between Commodore Wander
bt his daughters and their children were always amt
lions hundred to i've hundred thousand lac gave
utterly failed to meet
TIE COMMODoRE's HABITS AND DELUsloNs
When the evidence which mas been collected is all IN
We shall confidently either that the teslator
eut,d his VIII tudcra dcusun directly affecting those
for whom the law provides equality OF distribution,
else that his mind although held TO his railroad projects
by The force Of habit 10y indulgence, delusOns, and
diseases the consequent sucrngs or medicines SO
broken ana impaired that he subjected to, and acted
IN making the viii in question, under The undue Influence
and control Of the resdunry legatee. More than quar-
ter OF century ago srch Iegatec coucoced his plan: be
was afterwards aided by the tact that ia the advancing
years Of his father, desire TO perpetuate his great
wealth undivided and III the name OF vanderbilt" be
came mania or delusion which OVERRIDE all his Of
ius zee and every sentiment Of natural affection
In regard to the habits OF Commodore Vanderbilt, IL
will appear that for many years he was the slave OF
wee more exhaustive than other OF the intellectual
and moral faculties Of the mind.
In regard to the diseases with which he was afflicted
it will be shown that for many years In addition 10 sew
era ordinary Diseases he had chronic c)mpa uts caus
inc him great irritation aud surriug among the latter
were Brigh disease OF kdneys"" cystitis," with
enlarged prostate ana ociOih hernia We are auEl'ti
thai the n mentioned Of these chronic diseases causes
much distress, irritation and Weakness TIE second,
"cystitis" causes more insanity than any other known
cseasc while The n ird was also constant source oI n
ease" accompanying the memoranda Of tue autopsy
made his that the Commodore suffered acutely
acted like "A woman IN confinement
We shall Introduce medical testimony, based upon the
| 10Th fsfa Inv
medicines necessary To relieve the pam would grcaN
impair lis mind that in the a0sencr ~ such medicine
mo couscoueut suerings would bflng about the same
result 1t viii appear that the deceased took opates
but Tor how long period may not distinctly appear He
,y9. greatly ayersc To them, and would not take them
kuoViugy In regard To cystts while it Is peculiar
IL, n,II1,1 and depressing WAen nature or medicine
,xaltatlun. This occurred IN marked degree IN this
So Tne deceased would at times act with eNtraordi-
nary violence temper regardless Of those around him
or artics within his reach, and then for lime would
paced aud cheerful from the subsistence of the pam
The most trivial events when IA his irritable moods
would euTage him almost ocyoni description.
The slate his mind du ing the last six or years
OF his hfe Viii also appear IRON the many deusous 10
which be subject lie was believer ia splruillsin
not n ITS higher, Dul IN us lowest TYPE ne believed ~
ciiryoy0ucr ana was governed oy ls revelations lie
believed that diseases could he discovered through the
medium OF miniature OF locA ol the hlf auu tlat
some persons can see certain conditions, the whole III
terror Of the human system lie also r,sorted much 10
mesnerisln, or IuDbihS az" oItiHiS, ch.p9 hs al u
times many persons, ana believed that lac received
therefrom n supernatural influence. These various dc-
lusons caused nm 10 cAlchd many thou'"hu' o uvre
Il Will appear that after The COmmodoies second mar
Uagc, IN 1869, there WAS marked cAdhst IN hh' ne
appeared tunes inaue, uNorious aud SHY, further
evucng thai his mind was becoming shattered, and he
Inn ali respects One before referred 10, entering Into
his second childhood
In regard To the mania for accommodating and trans
hitting 10 "a single person O his own name colossal
fortune IL viii appear that many years ago he had
mo- such view, but claimed that the equal dis
trlbuton OF property among children the Just rule
and that he al Que ume made nba ihlal auch dspo-
ston of his oslale. lie stated few years afterwards
tnat the accumulation OF property then, and mad
Oern FOR many years, mama with him that lie had
been insane that point all his lie. When friends
| nave mentioned 20 HIM the excellence ~ his grand
children the children OF his daughters, he has replied
Y.s LApy 10 bear mime hauut -