The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-14
The Curtain Falls on the Vanderbilt
Will Contest.
BEFORE AND BEHIND THE SCENES
The Conference Scene and the Scene in Court
Millions for All-Everybody Happy.

class legal sensation. the proceedings yesterday were
stale and Improbable There were, however, two per-
iormances-one before the curtain, which proved un-
interesting and another behind the The latter
being secret and out OF public sight, viii. doubt be
the most eagerly sought after. The following is de-
scripuon OF the comedy
CURTAIN.
The proceedings before Surrogate Calvin yesterday
drew together very large and attentive audience.
Tho fact that Commodore Vanderbilt's vii, was to be
contested by certain heirs lent AN Importance to
the proceedings seldom found in coming
before the Surrogate. document which disposed
OF real and personal property OF the aggregate
value OF over $75,0000o0 does not often
come up for either dispute probate. Consequently
u was no wonder that whom the Surrogate took his
seat on the bench that his court crowded to
sunocation or the audience gathered to hear the
opening Of the expected contest very few lad any
personal interest in the will Strange as It may
appear, there were many idlers present who
could have no possible expectation OF gain growing
out OF the contest yet their curiosity great to
the contestants In this remarkable that they
squeezed themselves into the small space allotted the
Surrogate tor hearing trials, and incommoded by
their presence those who compelled be there
by Of duty private interests. Indeed, when
the proceedings wore about to be opened orders had
70 be given that persons should be permitted
70 squeeze their way through the doors.
DRAMArIs PERSONA
The counsel engaged by the contestng parties were
on hand quite early. Among these were Mr.. william
H. Evarts Secretary Of State, and exJ Judge Comstock
representing tho proponents OF tho will; Mr. Henry
L. Clinton for the executors. On the part of the con
testants appeared Mr. Jeremiah 8. Black, Mr.. Scott
Lord aud Ethan Allen for Cornelius J. Vanderbilt;
tor Mrs. Alton, and Colonel Wingats and
Mr. Tenney TOR Mrs. LaBau- There
large number Of prominent members Of the bar
also present occupying seats among tho crowded
audience. Judge Rapallo. who was soon 10 be called
as was expec!ea, 70 Inc craving up ana
RES Jacob Vanderbilt, brother Of the deceased
Commodore, was also present. sitting beside his
nephew, William H. Vanderbilt, the principal leRatee.
Augustus Scheli was also seated by Mr. Vanderbilt.
There were also present many prominent merchants
and railroad men, probably attracted by the novelty
OF the occasona charge against the soundness Of
dead railroad kings mind.
AT eleven o'clock, almost to the minute, Surrogate
Calvin took his seat the bench. Inc clerk raped
for silence, and in moment the busy hum OF CONVEX
sstoo which had previously prevailed was hushed and
the case was at once called on
CURIOSITY wHETTED
The Surrogate called up the Of the will of the
late Cornelius Vanderbilt, upon which Mr. Clinton
nounced that William NJ Evarts and Judge Comslock
appeared on behalf OF the proponents and that they
Mr.. Ethan Allen announced that Jeremiah s. Black,
Scott Lora and himself appeared for the contestant
that David Dudley Field and Dudley Field appeared
with himself Tor Mrs. Ethelinda " Allen. and Colonel
Wlngate ana Mr.. Venney SAID they appeared Tor Mrs.
La Bau. These representations having been made on
the order given fresh interest was felt in the opening
OF tho contest
THE DrsAPPoMrARHT,
But here the disappointment came. All eyes
turned upon counsel not knowing which would fire
first gun that be the signal OF attack Mr. Ethan
ALEU- Practically, and In compromising spirit,
evident to all said he was directed by his client, Mr.
will and OF tho deceased to Withdraw his objec.
tons, with the permission OF the Court.
Surrogate Calvin granted the permission quite read.
andI "A few on try ff he tn ho
made the records Of the court. The Other
ing counsel, each for their clients followed order
declaring their withdrawal behalf their clients
from any contest to the WILL In each record Of
the act made aud in the order Of their withdrawal
from the case. Counsel retired from the room.
Tho entire proceeding had stereotypcd look that
very dsheartenng to those who came in hope Of OK
element
Counsel for the proponents then placed Judge RAJ
ton the late Cornelius Vanderbilts health previous
10 his death, and at the time Of the making OF the
will and tho codict by him, both being drawn up by
the witness the request Of the deceased Judge R-
patio then identified the papers offered for probate
The will and c0dic drawn up by him the request Of
the deceased, and witnessed and atesed by the
scribeIs thereto witness testified that the late Cor
MENUS Vanderbilt signed the will In his presence
the presence the other witnesses and in tho usual
forn then ana thore declared 1t DO his last will
testament
witness said that the witnesses thereto also signed
the document in the presence of the testator and
the presence OF each other. Judge Rapao also
fled that at the time OF the making OF the will and
stant IN making and execution thereof and that tho
papers being his last will and testament and the
being duly signed and executed So far as The witness
know tho papers were kept by the deceased securely
thereafter, and were not seen known OF by other
parties
ruR sANKsr MAN HE EVER NIT
DR. Sydney A. Corey was the next witness. lie tes-
tilted 10 the same facts as detailed by Judge Rapao,
and when questioned to Mr. Vanderbiits sanity Ut
the time he made his Will and codcil the Doctor
titled that at the time OF the making Of the will and
codicl he considered that tho deceased Com modore
'was then and always, tho sanest man he ever met
both then ana ut all other times"
The next witness called Mr. Francis p Freeman
who testified that the deceased signed the will ques-
ton IN his presence and In the presence Of ali the
other Witnesses that the witnesses 70 the will SUBJ
scrbed their TO the same the presence Of the
deceased aud at his request and in tho presence Of
Mr.. Joseph Harker also testified to the drawing up
OF the will and Of the codici and the signing OF the
condition Of the deceaseds nina ut the time
Mr.. Edwin t. Worcester was examined ut greater
length He testified that he had known the deceased
Commodore over twenty years; that he was engaged
adversely 10 him in business transactions from 1864
1857 subsequently he became connected with him in
business more friendly spirit, and they became
thereafter TO his death. friends; at the time OF
the signing OF the codic-wnch done In MIR. Van-
derbts Office Fourth street, in the day time of tho
date specified the deceased appeared to be in
his usual health, and fully capable OF making
2 Will and disposing OF hts estate; witness said
The deceased OF strong solf-rcliance, and
witness never knew him to DO induced 70 do anything
against hts own Judgment and never knew him to be
sSnPt7u W 40 an cAcept mstuIc JuuBment
approved 1t he never know the deceased TO get ex
cited on any occasion or under any provocation even
under tho most trying circumstances no would not
permit himself TO be RULED influenced In any way
against mis- better judgment; during the whole time
That witness had known deceased ne never knew q
man who capable of attending and managing
his own business as the late Mr. Vanderbilt
Mr. samuel Derrickson proved tho correctness Of
the papers submit tod
Mr.. Henry l.. Clinton. counsel for the executors,
addressing the Court! said that he believed the will OF
the late Cornelius Vanderbilt, offered to probate
had been now sufficiently Proved and lie should move
that It be admitted TO probate
The surrogate, In reply said that in his judgment
the Will mad been proven TO have been properly exc
cuted and the objections having been all Withdrawn
he would grant tho motion for probate An order as
entered accordingly admitting the will to probate.
AS soon as the order entered the form CT
swearing the IN open court was proceeded
with me nrst TO advance and take the oath was Will
liam II. Vanderbilt, who tooK the oath 10 faithfully