The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-13
The Validity Of Commodore Van
derbilt's Will.
ARW PHASE In THE CAMPBELL DIVORCE SUIT
Powers OF the Comptroller as the City's
Fiduciary Agent
JURISDICTION OF DISTRICT COURT JUDGES


Mrs. LIE Bau, the contestant, who is the widow Of the
late Mr. Bergarse Le Bau aud of the eight dauah-
icrs Of the late Cornelius Vanderbilt The will was
probated on the 18th OF March last. The law gives
any Of the next OF kin the right within year after
probate of WILL TO file allegations have the whole
matter retired ALI save Mrs Lo Bau were satisfied
with the will. and all but her desired have the pro-
bato stand. and this contest related only to what
would be her Interest in her father left WILL
II there will the widow would DO entitled 10
Dne-third OF the personal each Of the ten children
10 tenth OF two-thrds OF the estate. which would
be one fifteenth Of the whole estate. Among those
present wero Captain Jacob Vanderbilt, the late
Commodore's brother; Cornelius Vanderbilt, scr of
William H. Vanderbilt and OF the executors; Eliot
+. Shepard, Chauncey Depew, Augustus Schell, z. d.
Worcester y. ID. Freeman and many others Mr..
Greenfield SAID that he appeared for number Of lega-
tees opposed to the revocation Of the probate Of the
will The Surrogate said that he did not understand
this TO DO action for the revocation OF the probate
Of the WILL but that present proceeding was for
The purpose OF proving the will dc novo
Mr. Clinton calico as he FIRST witness Judge Charles
A. Rapeyo, who said thut he was Judge In the Court
Df Appeals OF this State, and had known Mr. Cornelius
Vanderbilt since lo49; the VIII proauced was drawn
by Witness he was professional adviser Tor Mr. Van
derblt up to 1870, wnen witness became Judge; no
was present al the execution OF that wills Mr. Wander
bit sgned II In his presence Mr. Vanderbilt at
That time oil sound memory and engaged In active
SOUND mind he also was present at the execution OF
the codci and Mr. Vanderbilt had then possession OF
all his iacullIca
In his crossexamination by Mr.. Scott Lord, Judge
Rapelyo stated that he could not undertake to say
from memory the notifications that were made IN tho
will, He did not know OF the present existence Of
the wills that this was modified from. He partner
with Mr. Clark N lS4S the s0n-in-law oil Mr.. Wander
derblt, and had been professionally acquainted with
NJ Vanderbilt since that time. He knew nothing OF
Mr. vanderbit's views on clairvoyauce and Spiritual
sm or scientific subjects The codicii executed
Mr. Vanderbts private house
Mr. Francis B. Freeman was then sworn and
said that he had known Cornelius Vanderbilt since
1862 he was present when the will was executed at
the house Of Mr. Vanderbilt, on January g. 1875; no
saw Mr. Vanderbilt sign the Will, VINO said IL his
last will ana testament and he entirely tree from
Restraint ana capable ot conveying real estate. On
examination he stated that al the time the will
was executed he was dong business as sockUrokcr
Tor Commodore Vanderbilt. and him generally
. about every weekday when he was in the city ne
never spoke TO him about clairvoyance similar sub
lects.
Mr. Joseph Harker said that no had known Cornelius
vanderbilt ior about twenty years; no was witness
~ the execution OF the Will aud saw Mr. Vanderbilt
sign IT, and after no had signed 1t he SAID, "Genemon,
this Is my last will and testament all the witnesses
were present; Mr. Vanderbilt at that time was Of
sound mind ana memory aud free from restraint On
quested h,m 10 call at his house 10 see MIN In the
evening; that was on the day the will was signed; he
met Mr.. Vanderbilt frequently and they convorsed
generally about Wall street and horses
Mr.. Edwin D. Worcester testified that he had known
Mr. Vanderbilt twelve or thirteen years, and from 1870
70 the lime his death mad Mr. Vanderbilt TOUR
or live times week; present at the execution OF
the codicil tho 18Th Of June 1875; impression
was that It was the Commodore dipped the pen IN
Ink he said This Is the codcil TO my last Will and
testament
Mr. Derrickson was the next Witness He said that
he had known Mr. Vanderbilt about twenty years and
VIZ vrescn, when the codIc OF tho viii was executed
by Mr. Vanderbilt. In his cross-sxamina,ion he said
that he saw Mr. Vanderbilt very frequently within the
last five or six years prior TO his aeath; he had
conversation with him except business and stocks
Rev. Dr. Sidney A. Corey testified mat ne knew Mr.
Vanderbilt about twenty years ago, and renewed the
acquaintance the day alter his last marriage; he was
present AT tho execution Of the codici OF The WILL Mr.
Vanderbilt signed IT, anu then SAID TO those present.
III want you to witness IL" Mr.. Vanderbilt was or
sound mind and memory and ffee from restraint
Mr. Clinton rested ais case with the examination Of
the. above Witnesses After short discussion tho
Surrogate fixed Friday the 2lst OF September as the
day to which the case should be adjourned. II was
understood that the would then 20 from day
day until completed. The counsel for the contestants
are Mr. Scott Lord, MIR. Jeremiah Black, Mr.. Ethan
Allen, emu Mr.. Sutherland Tcnny ne proctor
THE CAMPBELL DIVORCE SUIT.
Recently William Campbell commenced suit
against his wife, Anna Louise, 10 obtain Of d.
from her the grounds Of adultery. the partc
uiars OF which have already appeared IN the HERALD
In his complaint tho husband alleged uct OF
adultery agains, his wife. The wife his
plaint by denying the charge he made against hor,
made counter charge against him OF two acts of
adultery ana demanded Affirmative relief in the shape
OF decree OF divorce against hm. After issue had
Court for order directing the payment by the hus-
band Of reasonable counsel leo to enable her DE.
fend the brought against her. also the pay.
mont OF q weekly allowance OF alimony until us
termination Several weeks since tho case sent
before q referee 10 take testimony Issue raised
between the parties as 10 the amount OF the hus
bands property and income, and the allowance
which the wife would be justly entitled to out OF
that income. Counsel for both parties appeared yes
tcrday before Juage westbrook. IN supreme Court,
Chanuers, in relation to a new feature which mad
[ red
from The oment OF his counsel had conclud not
press against wife the charge OF adultery made
against her III his complaint ana asked the Court Tor
leave " enter an order discontinung his suit, THIS
was objected to by counsel the part OF the wife,
the ground that the wife having demanded Affirmative
relief against her husband 10 allow
on his part would be 10 work dlscontinuance her
part also. Judge Wcstbrook TOOK this latter OF
the cas uut thought the Willingness OF the husband not
to press the charge OF adultery made In his complaint
was proper matter Tor the consideration OF the referee
In determining the amour; oil almOny TO be allowed
tho vile. Upon tbs theory he suggested that the
order Of reference be so modified 10 authorize the
referee TO take INTO consideration this intention o the
husband IN framing his report on the question OF
aimony. The counsel for both parties SAID they
would draw up amcndatory oraer In conformity
WITH the views OF the Court ana submit IL Tor an.
prevail formidable array OF counsel has been
taned on both sides Mr. Cam bell being represented
by illiam and . ". Fullerton and Mrs. Campbell by
William A. Beach, Miles Beach, Z. 1. Gardner, MeT-
edith 1. Jones ana exJudge Curtis. The parties to
developments IN the case, winch Will probably DO
brought to trial In Octooer next are expected 10 be
oil the most interesting character
POWERS OF THE COMPTROLLER.
Stephen Roberts sued the city time ago to
$500, the amouns which he claims was
awarded " MIN by resolution Of tho Common Conn
ell passed November 80, 1870 for damages nc
count OF collision at the intersection OF Eighth
nue. and Thirtydth street. caused by the detective
condition of the street at that point Tho city
swcred that the time such resolution was passed
there only SO In the city treasury TO meet
tngcnt expenses, and further That the claim was
barred by the statute OF limitation. Judge Van
Hoesen. before whom the recently argued,
On motion Tor judgment yesterday rendered de-
cision no says the course OF his opinion :.'Thorc
is no question that the body corporate known tho
Mayor, Aldermen and Commonaity Of the city Of New
York possesses the power 10 compromise, but tho
which OF tho officials OF that corpora.
ton The Legislature has clothed with That power.