The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-15
COMMODORE VANDERBlLT'S ESTATE.
A Sequel to the Contest Before
the Surrogate.
CORNELIUS J. WANTS HIS MILLION
And He Brings Suit Against William \.
to Obtain It.

was every indication OF lively contest. Counsel
we're employed by the various heirs and egatees un-
the will represent their interests in court, but
the day appointed for the argument tho contestants
unexpectedly withdrew their objections to the probate
OF The will This formidable document, representing
rs it did tho final disposition of an estate valued
at $4,000, 600, was thereupon pcaceably allowed
to pass through the usual preliminary legal formahties
and was duly admitted TO probate.
A MILLION WANTED
OF course, this unexpected termination to what
promised to DO prolonged and bitter family icud oc
casoned intense astonishmcnt. Every one had con-
lecture to hazard to the OF the PROBABLE
promise, but exact conditions wcrc never accurately
known. SO far known certain amount IS under
stood to have been promised TO the dis
satisfied members Of the family, including
Cornelius J. Vanderbilt, OF the Commodorc's
sons From mono Of tho others has any complaint
been hitherto heard tho compromise had not been
fully carried to their satisfaction, except in tho
OF Cornelius j. Hc 1t appears from hic own
story, promised ST. 600 0oo but alter his OPPOSE
ton had been withdrawn this promise the
ST. DOC, 900 as promptly paid as anticipated.
To it he has commenced suit IN the Supreme
Court against his older brother William H. Wander
bit. with whom the alleged compromise was made.
His com paint which has been already served, Is in
THa COMPLAINT.
The plaintiff by his attorney, Ethan Allen, com.
planng OF the dcieAdan alleges Tor lrst cause OF
acion--
First--That he the plaintiff, is of the heirs at
law and oil kin OF Cornelius Vanderbilt his ather,
who died al tho city OF New York on or about the 4th
day oil January 1877.
1877 the defendant produced TO the Surrogate Of the
city aud county OF New York paper writing purport-
ing DO the last will and testament OF the SAID Cor
nelius Vanderbilt deceased In which defendant was
named one OF the executors thereof and codicii
to the last will and testament OF the said Cornelius
ato nnnftt IN Snf1
rogate that said alleged last VIII and stament and
SAID codisl thereto be proved and admitted 10 probate
and that citations according to law be issued TO tho
persons said petition the widow, heirs and
next OF kin OF said Cornelius Vanderbilt, deceased.
IhrdThat upon said petition OF SAID defendant, by
order Surrogate SAID city ana county OF New
York the piant was duly cited to appear before said
9th day Of February. 1871 at eleven o'clock in the
forenoon OF that day then and there to attend TO the
probate OF SAID paper writings aforesaid.
F0urth--That by said alleged last will and testament
and codic plaintiff was bcqucalhed restricted
lite only 5000 900, and alter other legacies
therein named amounting altogether TO less than i've
million dollars the residue Of the estate
real and personal which residue plaintiff
alleges and believes amounted TO $4,000 000-
and upward, which included real es.
tate OF several million dollars IN value was devised
and bcq ueathed to defendant OF which 900 aud
upward plaintiff would be entitled 10 receive, after
satisfying the legal interests OF tho widow, oneenth,
II SAID Cornelius Vanderbilt had died intestae or If
said VIII had not been proved or admitted to probate,
which onc-tenlh amounts At least TO $4,000, 600
FJM-rnat the plaintiff was ADVISED aud believed
will and the coci to the last will and
testament OF Cornelius Vanderbilt deceased, and he
duly appeared by his attorney on SAID 9th day OF
February. 1877, before SAID Surrogate TO oppose the
proving thereof will OF real estate or the probate
thereof will personal estate, when BY order Of
the surrogate hearing OF evidence IN reference TO
proving aud aumiinDg TO probate SAID last VIII aad
testament and codcil was postponed III the 18th day
OF March, 1877.
.sirth-That on the 10Th day OF March, 1877, the
plaintiff as one o. the hers ana next o. KIN Of s sad
with the Surrogate aforesaid his objections against
the validity OF the paper writings propoundcu Tor tho
proving and tho probate thereof as aforesaid as the
last will and testament and the codicil OF the last
Will ana testament Of Cornelius Vanderbilt
deceased, alleging that SAID pager writings
were not the last will and testament and cod. Gil
thereto of Cornelius Vanderbilt, deceased. which ale
CATION he proposed by proof 10 sustain and verify SO
as to deicat proving and probate thereof and to
prevent letters tcstamcntary, by vriuo thereof being
granted by the Surrogate aforesaid the defendant
PROMISED HIN A MILLION.
Sercath-That the defendant, to induce the plaintiff
to withdraw said objections TO the proving and 10 the
probate OF said paper writings on the bearing to be
had aforesaid before the said Surrogate on The 18th
proved ard admitted to probate as viii oil both real
and personal estate, promised bargaincd and agreed
ana with the plaintiff AT the said city Of New YORK,
about 18th day oi March, 1877 that, in con-
sderaion OF him (thc piaintin SO withdrawing his OBJ
jcctions to the proving ana to the probate Of said
paper writings and making further opposition there
before the Surrogate 10 the proving and the probate
had as aforesaid on The 18th day Of March, 1871 that
he Uhe deiendant would pay TO him tine paintl) The
sum oil 81, 0u0 900.
Eisoht1-That the plaintiff at tho city OF New York,
on or about the said 18th day OF March, 1877 PROM
iscd bargaied and agreed TO and with the defendant
that In consideration OF the sum Of $1,000 000 70 DO
paid to him 1.-THE plant1) by the defendant, Ms PROM
and agreed by the defendant as aforesaid he hc
plantifl) would withdraw his objections and mako
further opposition to the proving and to tho probate OF
said paper writings purportng TO be the last will and
testament and the codcil thereto OF the said Cor
nelius Vanderbilt, deceased, the hearing ap-
pointed be had before The Surrogate on tho 18Th day
| OF March, 1877.
y,,,a T,,, "a IA boarnc annon ted m aforesaid To
be the Surrogate inc 18th day OF March,
1877 duly held sad day at The said Surrosatc's
Office and the painun then and there In open court
Withdrew the objections and obtained the order OF
the Surrogate withdraw the objections already nlcd
by plaintiff aforesaid to the proving ana to tho pro-
! bate of the alleged last will and testament and the
codici thereto; and plaintiff did not then and there
make, has plantG since made, any objections or
opposition 10 the proving and 10 the probate OF sad
paper writings the Will and codcil thereto OF SAID
aforesaid objections beng Withdrawn were at he
date last named IN due form OF law proved as viii OF
real estate aud admitted 10 probate US VIII oil per-
sonal and ded acc0rdn2lv and letters tcs
tamentary issued thereon to defendant as one OF
tho executors thereof. no opposition being made
| thereto
Ysat.--That no part OF said Of 81 DOC, 900 has
been paid by defendant to plaintiff but said deien-
dani though often requested, has refused and still
doth refuse TO pay tho said sum TO plaintiff
SECOND OF ACTION.
And for a second and further cause OF action the
SAID plaintiff further allcgcs:-
First-That SAID plaintiff reiterates, rea1irms and
makes part oil this second cause OF action all the
contained the first second third, iourth
fifth ana sixth paragraphs OF the foregoing and first
cause oil action.
Secord-That the said defendant, to induce the said
plaintiff 10 Withdraw tho said obIections and to pcrn
the paper Writings 10 be proved and admitted TO
probate a will oil both real and personal estate,
promised aud agreed, Ut the city OF New York. or
about the 18TH day Of March, 1877, with Mary A. La
Bau the OF snid paintT and said defendant, for
the benefit OF and in behalf OF said plaintiff thut II
sad plaintiff would withdraw hts objections 10 the
proving and the probate OF said paper Writings and
make no further opposition thereto, and permit the
same be proved and admitted TO probate as the last
Will and testament Of Cornelius Vanderbilt decoused
IN sideraton thereof he said deendant would pay
to said plainlifl the sum Of 81 600, 600
Third-That said paintii retcratcs, rcafBrms and
makes part OF this This second) cause Of action all the
statements contained In the ninth and tenth para
graphs OF the FIRST stated IN this complaint
A THIRD CAUSE ACTION.