New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-07-13
VANDERBILT WILL CONTEST

MRS. LA BAL = OiL-DlNN
SIZE WANTS ONE-FIFrEENTH OF HE EsTArE-IE-
VIEWING HE MAKING or THE WILL
The Commodore Vanderbilt VIII case is not
vet set at rest. Cornelius jeremiah Vanderbrs claims
AGAINST the have taken the form of suit asast
william II Vanderbilt, compel the latter TO make
GOOD an alleged promise OF million OF dollars, III consd-
Grafton of which Cornelius jeremiah alleges that lac
accepted his legacy aud signed release The oer ds
satisfied heirs also signed releases With the exception OF
Mis- Mary Alicia La Bau, daughter OF the Commodore
who dled allegations two months ago, on which
citations were issued 10 the executors Willidm ii
Vanderbilt, his Cornelius and william X, aud
Samuel Bartou) and TO the legatees requiring them
10 show cause why the probate should not Do opened
when the will before the Surrogate III the first in
stance Mrs La Bau Withdrew Der objections with the
others and the will admitted to probate The pres
EN- proceedings conform to the law watch gives any Of
fine next of kin the right to file allegations. within year
after probte and have the question OF the validity of the
will reopencd Mrs. Ia Bdu contests for what would
have been her interest If the Commodore had left no Will
which setting aside one-third to the widow, and giving
oua shares to ten children, would amount TO Onetenh
of two-thrds, or Ouc-fte,nth OF tnc whole estate.
The case was reOpcned before Surrogate Calvin yester
dv afternoon Henry L. Clinton appearing for the
utors and Scott Lord and Sutherland Tcnney, associ-
ated with jeremiah Black and Ethan Allen. appearing
A. the counsel Of Mrs. La Bau. There were present.
interested listeners to the proceedings Cornelius Van
derbi,t Of william H., the COhlhodOrcs Diothcl,
Captain Jacob Vanderbilt. Chauucey NJ, Dcpcw, Elliott
T. snepard and Augustus schen, whose whispers TO Hen
~ L. Clinton were frequent and earnest.
Mr. Greenfield SAID he appeared for sever
al le.atees opposed to the revocation OF the
probate Of the will Surrogate Calvin said this
was not an action for the revocation of the
urobate Of the WILL but for proving The will ds
Mr. Clinton called the first witness, Judge Charles
A Rapallo of the Court OF Appeals, VINO drew up the
will and was "A witness to IT. lie testified that he
unse TO Cornelius Vanderbilt from lsjl-j2 until $40
the pr sent VIII he had drawn in January 1875, from
pryious wills, with such notifications as The Commo-
dor. rrouircd On the evening January o. 1879, tLe
viii was signed at Mr.. Vanderblrs residence, No. 10
Washington place. aud the cUdicn, VIII was entirely
nry WIS signed IN the Office adj Iung tue residence,
tbe morning Of date Mr. NandtrIllt, when the VIII
,I cndlcll we're executed VIE perfectly sound IL mind
aud memory and from restraint There could he no
al tins Us he was active business az The time.
Slammed 10y Scott Lord, Judge RlpalO testified
what notifications OF the old wills were made IN the
tew will nor did he know or ms own knowledge II the
old wills were III existence. He mad cOnyersed with Com
nodorc Vanderbilt various SUBJ cts besides business
did not rccOicct ever c0nNesing WIN hf Nand TblJ
ON the subject OF claryOyance or spIituasni, or on
literary scientific tOpcs MI Lords questions relative
10 couvei saUOns with Commodore vanderbilt were 80
numerous without important results That t1c witness de-
nIYlrd drawn the last VIII while serving on the
h.urh Vanderbilt desired ihat her
sr s2ould know the contents OF the previous the
nresent will Mr. Vanderbilt declared the instrument To
lie ms last will aud testament when ON the point of sign
ing his name. - - a., ..
Of the will testified to the regularity OF the
nr,ceeing and the sOunduess of the ConnodOres mind
al the time lie had known Mr. vanderbilt Tor eighteen
sers and thought he about ~ years Of age when
ha will was On the examination he said
he xas stock broker and had transactions with Mr.