New-York tribune., 1877-03-12
THE COURTS.
CONTEsTING vANDERBILTs WILL.


MRS. ALLEN AND CORNELIUS }. VANDERBILT SAY
THAT THEIR FATHER WAS or UNsoUND MIND.
AND THAT THEIR BROTHER EXERCISED UNDUE
INFLUENCE OVER HIM.
The formal objections to the probate OF
Commodore yanderbilts will were filed in the surro-
gates COnrt and copies served upon Henry H. clinton,
counsel for the executors and proponents on Saturday
The contestants Cornelius Vanderbilt and two OF
the COmm0dore's daughters, Mrs. Ethenda " Allen ana
Mrs. Mary A. La Bau each OF whom serves separate
notice Cornelius j. Vanderbilt makes II specifications
several Of which vary from each other in finely drawn
distinctions percepble only the legal mind and Mrs
Allen makes nne which include the principal points in
the objections filed by Cornelius. The main allegations
ON behalf OF both contestants are the in language
and charge that the instrument proposed for probate Is
not Cornelius Vanderblts last will and testament that
it was not properly executed that II 1t was made ana
executed by Cornelius Vanderbilt, 1t was obtained by
fraud circumyenton and undue influence exercised by
William H. Vanderbilt and other persOns tbat by reason
OF age deluson, mental disorder and loss OF natural
affection the testator disqualified from making
will and that he had mania the subject OF concen
trating his wealth in william II. Vanderbilt and the
children OF william II. Vanderbilt, and an unwarranabl
aversion to his other children Mrs Aliens objections
setting forth these points, are as follows;
First: That the said frstnamed paper writing Is not
the last will and testament OF the sad Cornelius Van an
codc Of the said Cornelius Vanderbilt to his last VIII
Secopd That the said first mentioned paper writing
an the said second mentioned paper writing propounded
I 10 sn tScreo Sgs % by ie Sd C6nu Vanderb nor
the subscription thereto or to either OF them on ever
testing witnesses or acknowledged by him have been
made To each of the atesng Witnesses nor dl nc al
MISUNDERSTANDING tho same df he ever did subscribe
acknowledge the sanlr), declare the sald hist paper
writing o he his viii and testament. or the second
paper writing be cOdcil thereto, or his codci nor
Did each of the said aesng witnesses sign his or their
aflHp pT Al
either Of them at the request Of the SAID Cornelius van
dcrb nor was any or either OF sih papers Tns I'LL & or
shed required by the statute III Such cases made ana
provided.
the iime the making and suhscrun2 or at the time OF
the acknowledging by him ~ the said papers wiring or
any or either OF them G he ever did so subscribe or
knowledge the saDel Of sound mint and memory or ca
pa1le of making viii or codict.
Fourth That the said papers writing. II ever made or
executed by the said Cornelius vanderbilt we're and
each OF them obt}ncd and the execution thereof by
nm procured by fraud and crcumvcnon and undue in
Uence exercised aud ptacccd against ana upon hm by
william H. Vanderbilt S SOM ald some other !es0A on
persons cOnsprng and acting IN concert with sald VII
rim That The said first me- ntoned paper writing
not Freely voluntarily made executed published, or
declared by him his last will ana testament nor was
tbr second mentioned paper writing freely voluntarily
made executed published declared by BIN ~ his last
Will and testament nor was the second mentioned paper
writing freely or voluntarily made. executed, published,
or declared by him his cOdicil, coilcl TO MS
said alic ged last viii and testament. .,
Slrd: That the said Cornelius vanderbilt at the tme
making, executing, ana puhshu" ,Ge "rst mentioned
paper writing df he ever did make execute, or plbh3h
the samr) and at The time Of making, c1rcIuS aud pub
lShin- the second paper writing f he ever dli MAKE
cXccutc publish the same was by reason Ol delsion
nOrhG and mentaD, mania, uta disorder, loss or ab-
natural affection, and dsInacd to make
any tstncuary disposition Of his property, or perform
any tcstanCntafy act or acts.
Sercnh: That the said Cornelius Van crblt By reason
of q mania and a continued morbid aud unnatural desire
ana inclination 10 pSprtuitc his name. his wealth. ana
hi, bower cone ITgltIOu O his property IN his son,
the said william II. Vanderbilt, and in the atteis chil-
drr had thereby become tacd from nahing dny
valid tesiaueAtaTy disposition 0i MS properly DlOtedi
fC time executing the said papers writing = sad
I,crs writing were executed by the said COlnclins Van
DC bill at all tha influenced b. such deusOn ana de-
sire ne the said Cornelius Vanderbilt, had undue and
understandable regard for Of his children, tn said
William H. Vanderbilt and an unjust ana UnWalIanted
aversion his other children, subjcctiBS him. the sad
Cornelius Vanderbilt the more 70 III" undue lnnIehCe
brought 10 bear upon Inn by his said sru William H.
Vaudr. bt and those wAJm he called 10 LIS aid.