The New York herald., 1877-02-28

contcstY" two legal sempron on the other sdc cried
out almost IN breath, 'Certainly; no doubt OF it."
There was little doubt looking round on the unwontcd
audience that filed the at tho tmc that the
element the ascendant, that the dctcrmina
ton to contest tho will received with the greatest
avor by those who hadn't a lose by the choice
OF either alternative But there tho excitement OF
contest colossal fortune which they could
voy from sac STANDPOINT, and that was enough.
Tho oniy Vanderbilt present was william H.. who
sat beside Mr.. Augustus Schc and his counsel, Mr.
Clinton Surrogate Calvin having taken his scat on
the bench, and quiet following thereon among tho
crowd that occupied all sitting and standing room
within vicw he SAID he was ready to entertain the
question OF the PROBATE of tho last will and testament
of Cornelius Vanderbilt doccascd.
BALI.
Mr.. Henry L. Clinton, counsel Tor the executors,
then and said he appeared Tor the proponents OF
the WILL and, II there objections, he ready
to proceed with the probate Of the WILL Hc requested
the counsel for next OF KIM II any were present. TO
hand IN their appearances, that thero should be
mistake about It,
The folio wing documents wcrc thcreupon handed to
COUNSEL
surrogates conrt. County O, New yorkIn the matter
s s As .ss .s vi. and ''"
Take notice that relancd by and appear for corn.
OF sne said Cornelius vanasrS dese"ss and demand
that AL notices and papers herein be served On me- at my
Dated NKw YonK. rsO. ~ 1877
Proctor for Cornelius j. Vanderbilt.
I,iS IfSAS & '.s'S si'iSS. \ OF Counsel.
Notice hereby given that Ethenda v. Aie". d"ngh
ter and OF the next OF Kin o the said "rpsns vander
bt deceased appears IN this matter in relation to he said
papers writing Tor probate as tss last win aud
JAMES MATHEWS,
DAVID DUDLEY FIELD. Of counsel
Take notice Mary a. La Bau. OF the daughters
kin tho s"d Corne us Vanderbilt deceased
" s @ % psa x"
21i broadway, in tie city Of New York.
D"''' 'A" ''""' strIEKLAND rENNEv.
GEORGE W. wINGArE. OF counsel
Take notice that Maria Louis. CLARK and Catharns La
dro spps. & N M ",s sn snu "at @ mn re-
that all papers be served on At Office Grand Central
dated Fsb. ~ 1871. CHAuNCEY ". DEPEw.
Proctor said Maria Louisa Clark and Cathnrne La Fte
MOTION FOR roDAY.
Mr. Clinton :-"tt Us proper TO state here that in
relation to Mrs. Thorne and Mrs Torrance, daughters
OF the dcccdcnt, hc WIS Informed that no objection
was made TO tho probate OF tho Will by them
IL was first, however. in order to hear what
gentlemen have say who do appear to contest.
Mr. Dudley Field, addressing the Court, said he mp
peared Tor Mrs. Ethelanda V. Vanderbilt; his iaiher
also counsel for her, and he had to say that his
present at ashingon attending to his duties In Con
grcss, where ail his lime was required IN the business
OF the country anu as was proper that hc should DO
consulted before they oven ucd objections no would
suggest Mr. Clinton, counsel Tor the executors. that
the be permitted TO stand over Tor one fortnight
IRON to-day. Az nat time, OF course, they would bc
prepared with their objectlons, aud be abc to pro
ceed nt once. except something quite unexpected
might happen in tho mcantime-some com mpcati ons
IN Congress or some extra SPECIAL session OF Con-
Rress, which might make a further demand on Mr..
FlcIds time. We see no reason now, however, so Jar
Mira AIluu, ROM OF 20 nt
the expiration oil fortnight
Colonel Ethan Allen, counsel for Cornelius J. Van
derbit SAID he had merely TO regret what Mr.. Field
said. with the change OF name Ho said he appeared
Tor Mr. Cornelius j. Vanderbilt one Of the heirs TO
test this viii Ho had associated with him Mr. jeremiah
s. Black and Mr.. Scott Lord The latter gentleman Is
now Congress serving out his term, and will not be
tree IN the 9Th of March. He would certainly like 10
confer with these gentlemen before hling his clienis
objections and would therefore, concur IN suggcs.
ton Tor a postponcmcnL
Mr. Clinton said under this state OF facts he had
no objection that postponomcnt be granted Tor ten
days or fortnight He thought fortnight was a
reasonable time, with tho expectation OF being then
aUle 10 proceed ITO Mr.. Field and Colonel AlIcn)"I
understand you bo,n appear Tor the purpose oil con-
testing the will"
Mr.. Field-Ccrtainy.
Colonel Aen--No doubt Of that.
Mr. Clnton--Tha being so, It is impossible for mo
to state, and, Your Honor knows II Is not customary
to proceed with the contest Of VIII on the day o The
return OF the citation. will, therefore make no oh.
lection to reasonable adjournment But, before we
proceed urther would ike 10 be sure whether there
are any other appearances from other parties We
Cornelius j. Vanderbilt rs Mrs La Bau's counsel In
courty
Mrs. La Bau, answered. and IN this asked for an
extension OF time, objections would probably be
oncred tue matter AZ present being under considera-
ton. .
Mr. Chauncey Depcw said In reference TO Mrs.
Mary Louisa Clarke anu Mrs La Fttc daughters OF de-
ccdcnt, there was no contest 10 the viii.
Mr. Cnton-rncn there are but three out OF the
nine thus far that propose to contest the w-rathcr
only two-as one desires to Keep the matter under
| Az gln nI n
| formed that neither Mrs rhornc nor Mrs Torrance,
two OF the daughters OF the deceased, propose TO con
fore have say tina, as Judge RapaIo OF the Court
| oil Appeals who is witness to The VIII
drew no both, Is compelled to leave Ior
Albany on Friday. am therefore quite willing that
the matter should stand adjourned TIL Thursday next,
so as % give Judge Kapalo an opportunity 10 be ex
anined boore he leaves | desire to state now "a
all the counsel opposed THAI We shall INSIST ON The
proceeding on ,he adjourned day and that we sha
| be unwilling 10 grant any further decay. deem II
but right to counsel TO state this at nrsL nope
therefore Your Honor Will nx day not later than
week IRON Thursday Tor the case to proceed.
Mr.. Field SAID the 4th OF March would fall on Sun
day. and that Monday The 9TH would be Tho 4,h Tor al
political purposes, and II must be prcsupposcd thai
every moment OF senior counscPs (Mr. David Dudc,
Fclds) time Will be iully occupied Ill Monday night
different course from other suits on account Of III
magnitude. He did not think he was asking too muci
! from the indulgence oil the Court IN ask
INV a fortnghtis postponemcnt As to Judg
Rapalio's enforced absence at Albany, TN
| contest will necessarily be prolonged one
and there would be ample opportunity for him and al
the other witnesses 10 como aud give Their testimony
As to counseps remarks that no more time woui
be granted, that tue adjournment shall be pcrcmp
tory to the day. he begged to say that he propose
20 with the with due diligence as ali labor
Gus lawyers do IN all cases Io did not desire to hav
| terms imposed on them which the cxgencics OF tn
case DID not demand. The magnitude OF tho cas-
should not impose on them different rules than thos
observed IN all the courts OF justice aud ~ the SUI
! rogatcs's Court They intended TO contest the VIII /
good nth aud with all diligence, hut he had to be
HIS Honor TO grant lortnighps adjournment
Mr. Clinton SAID that in order TO proceed with prom
titude he would IKE copies OF the objections to
served him least three o four DAYS PRIOR TO th