New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-23
As USUAL,

There ia q rumOr that the validity OF the
late Mr.. Vanderbilt's will is to be contested by
dissatisfied members of his family, though we
do not know upon what grounds Although
the testator was far from giving indication OF
intellectual decay up to his last moment, and
10 the end knew his own mind thoroughly,
spake it plainly, and acted upon its conclusions
obstinately, we may say that for that reason
precisely he was hardly likely to make will
which would satisfy everybody. He was the
very man to make distinctions between his
heirs, and to endeavOr, so far as he could, to
exercise posthumous authority oyer his estate
But though we may not approve his DISPOSE
ton Of his money, we must remember that the
purpose of most wills is to preclude an equal
distribution. If Mr.. Vanderbilt had de-
sired this, or could, with his constitution
of mind, possibly have desired it, the law
would have saved him the trouble and expense
of making Il will at all. Wills are made gen
orally in order that one legatee may take more
than another or take differently from another,
though the devise may be the same in value.
Mr.. Vanderbilt had his notions, preferences,
prejudices, and he solemnly spread them upon
record in tho presence of fixed number of
W
to be distributed according to law may avoid
this process, often wearisOme one to sick
man, as well as an irritating one frequently to
a man in high health. If the moment will
maker is in his grave. and cannot help him
self, his avOwed preferences are to be
contumeliOusly disregarded, his intentions
thwarted, and his capital wasted in determin
ing to whom it may belong; and if those whom
he really thought less worthy than others are
to be not less comfortably endowed than those
who possessed his entire confidence, why pay
the scriveners for doing something which 1t
were much better to leave undOnef
Undoubtedly, actions to set aside wills are
not seldom instituted in the hope of cOercing
those interested in sustaining them into a COM
promise. Such actions if pressed to trial, may
reveal family secrets, and bring the character
of the testator into q controversy painful if
not scandalous. No wonder they are gladly
avoided, in many instances, by threatened
legatees, even at considerable pecuniary
sacrifice. Usually it is the dead man who is
put upon trial-his sanity, his kindness, his
natural affection, his sense OF justice, his mo-
rality. his habits. Those who loved and re-
spected him living feel themselves IN some
sort constituted the guardians OF his falr
fame. and have a better motive for litigation
than the desire to avoid its incidental yeXa-
tons, or to keep undiminished the wealth
which has fallen to them. The disappointed
understand this, and they act accordingly.
There may be valid reasons unknown TO us
for setting aside the will OF Mr. vanderbilt;
but if there are, the threatened litigation Is
not the less to be regretted. Dissatisfied heirs
seem to be lapsing into general and bad
habit of opposing probates, not always because
they have even prma tdcje eases, but just to
try their luck and to see what may come OF 1t.
This custom has grown so frequent that its
fresh observance in any case surprises nobody,
but appears to be regarded as matter OF
course. Yet the whole law of distribution and
devises has been expressly and carefully framed
to prevent this kind of litigation, and to quiet
the apprehensions of the dying; and careful
examination of reported cases Will show that In
the long run the speculation of contesting
wills is not profitable one. 1t is for courts
having jurisdiction, so far as possible without
oo+uoI iniusticp tO discourage them.