National Republican., 1877-03-11
VANDERBILT WILL CASE.
oBJECTfOSS TO THE PROBiTE PRE-
SENTED 70 THE SURROG G.ITE.

Cornelius Jeremiah Vanderbilt Alleges Men,
tai Incapaciiy and Undue Influence Upon
His Father by His Brother, W. II. Wander
bilt.
tBy Tclcrraph 10 the National Republican,
NEW YoRR, March 1O.-All attempts at
compromise having Jailed, tho objections TO the
probate Of the will Of commodore Vanderbilt
were hled by Ethan Allen In the Office Of tho
surrogate this afternoon. The objections are
seventeen in number, and arc under tho following
heads;
The objections Of Cornelius J. Vanderbilt,
next Of kin and son Of the said Cornelius Wander
bilt, decea sed, against the validity OF tho papers
in writing, presented for probate to the surrogate
OF the county Of New York, as The last will and
testament, and the codicil Of tho last will and
testament Of Cornelius Vanderbilt, deceased.
The objections may be summarized as follows:
/. lie alleges that said papers are not tho last
will and testam ont Of Cornelius Vanderbilt.
.. That deceased did not sign said papers the
end thereof or Mt all.
g. That deceased did not sign the papers in
presence Of tho nttcsting witnesses
L. That deceased did not declare tho papers in
presence Of the attosting witnesses 10 be his
last will and codIcIl.
8. That he did not acknowledge the subscip.
tion Of said papers In the presence OF the sub
scribing witnesses.
Q. Tho deceased did not at the tImc OF signing
pers, acknowledge the subscription and seal
| thereof to have hoen made by him, nor declare
the papers TO be- the last will and codcil Of the
said Cornelius Vanderbilt.
7. That the attesling witnesses did not sign
THAR names as witnesses at the end OF said pa
pers at the request Of Cornelius Vanderbilt, de.
ceased.
8. That the attesting witnesses, nor any Of
them, did not sign or subscribe their names, II
they did subscribe sign in the presence Of said
Cornelius Vanderbilt, deceased.
Q. That said witnesses did Lot sign their names
| as witnesses In presence Of each other.
| 10. Contestant alleges that said Cornelius Van
| dsrbilt, deceased, was not at the timo said hrst
named paper writing purpor,s to have been ex.
| ecutcd, nor at any time when II was executed, II
| executed At all, nor at the time said second
named paper writing (the codicil) purports to
| have boon executed, nor at any time whom II wa
| executed, If executed at all, Of sound mind or
| memory, or In any respect capable OF making q
| will or OF making codicil
| II. He alleges that said papers and either OF
them purporting TO be tho will and codicil II exc
| cuted by Cornelius Vanderbilt, deceased, were
| obtained aud tho execution thereof procured by
| fraud and circumvention and undue influence
| pressed against and upon said Cornelius Van
derbilt, deceased, by William Il. Vanderbilt and
| by some other person or persons unknown to this
| contestant.
| u. That said papers, writing and the execution
thereof II executed by Cornelius Vanderbilt, were
procured by undue influence and the execution
| thereof by fraud and circumvsntiou by VIM II.
Vanderbilt, or by and through tho medium Of
| others or another at his instance.
10. That the papers and execution thereof were
| procured by fraud, oircumvention, and undue In
huencc exercised by Mr.. II. Vanderbilt personally,
| and by and with the aid OF others and another Tin
intimate relations with testator) to procure which
aid special means were used and fvors shown by
said william II. Vanderbilt 10 regard to matters
material to the interests and position Of said per-
son or persona.
~ lie alleges that said papers were not really
or voluntarily executed by deceased and that tho
subscription was procured by fraud, restraint and
/ coercion exercised by william II. Vanderbilt on
some person or persons unknown to this con-
testant.
the time he alleged to have executed said papers.
was by reason Of deluson (morbid and mental),
mauia mental disorder. loss or absence Of natural
affection, and age, disqualified to make any tes-
tamentary disposition OF Ms property or perform
ie He alleges that Cornelius Vanderbilt, de-
sire and inciina,ion to perpctuntc his name,
wealth and power by tho concentration Of his
Rdse% Sn Sos e Ssrosy sss RON
tated from making any valid testameutary dis
position of his property before aud at tho time o'
snoneed BY % such % asusiGn iGs'S he had az uniuc and
upwarrantea regard for ono OF his children, the
said VIM. H.. and unjust and unwarrnutcd
aversion to his other children, suhjocting the
testator the more to the undue influence brought
to bear upon him by said son, WIN, II. Wander
bilt, and by those whom ho called to his aid
II. He alleges that the said last will and tssta
ment, and the said alleged codicil, are each o
them invalid In law and arc illegal and void.
The objections are signed by Ethan Allen AZ
Proctor for Cornelius J, Vanderbilt. and counter
signed by jeremiah 5. Black and Scott Lord, o
counsel.
On Tue.day next the taking Of testimony viii
be begun before Surrogate Calvin.