New-York tribune., 1877-03-14
GIVING UP THE CONTEST.

NO OPPOSITION TO VANDERBILTS WILL.
THE LAWYERS SURPRISED BY THEIR CLIENTS BID
DING THEM TO WITHDRAW THE OBJECTIONS
THE WILL ADMITTED TO PROBATE-A GREAT
ARRAY OF COUNSEL GATHERED IN vAIN-WIIY
THE CONTESTANTS TOOK THIS sTEP-FRIENDS OF
WILLIAM H. VANDERBILT DECLARE THAT HE HAS
NOT MADE COMPROMISE.
The proposed contest of the Vanderbilt will
filed Surrogate Calvins courtroom to overlooking yes
tcrday morning with lawyers and others interested in
the case William II. Vanderbilt and his sons Cornelius
Vanderbilt, jr. and William X. Vanderbilt were present,
but the contestants did appear i'll person They Were
however. fully represented by counsel shortly before
the opening of the whisper went about the room
to the efcctthat compromise had been effected between
the members OF the Vanderbilt family which would cause
the withdrawal OF the objections to the probate of the
will Various stories concerning the form Of the settle
ment passed around, saying that william H. had
paccd his brother Cornelius and his sisters by proins
ing 10 pay them half million apiece IN addition to ther
present bequesis another that he had agreed to add
enough to each share to make IL round million But
the rlmOr generally discredited.
The case was called after II O'Clock. Henry l..
Clinton announced that william NJ. Evarts, exJudge
George F. Comstock hns II appeared for the pro-
ponents of the will and ready TO proceed. Surro-
gate Calvin then called FOR the counsel OF the 0rposer
and WAS informed that Ethan Allen, eX Judge Jeremiah
s Black and Lord appeared for Cornelius jeremiah
Vanderbilt; cx-JudGe Stanley Matthews, David Dudley
Field and Dudley Field for Mrs Ethelnda Allen, and
George W. Wngate and Sutherland TcEney for Mrs Id
Bau. Chauncey NJ Depew stated that he appeared for
Mrs Horace F. Clark and Mrs LaItte but not AS con-
testaut Nearly all the counsel present. This pre-
inay business being Scott Lord arose. and with
out explanation said that behalf OF Cornelius j. Van
deTbt he would like TO withdraw all objection TO The
probate of Commodore Vanderb;s will, Judge Mat
thews followed with similar statement in behalf OF
Mrs. Allen, and Col. wmgatc repeated it in behalf of
Mrs IaBau Surrogate Calvin ordered that the requests
for leave to withdraw the objections be granted After
whispering together for few moments, the opposing
LAWYERS then left the courtroom together with c0sd-
erable number OF the spectators.
When dGiet was restored the Surrogate granted all
application for the admission of the will TO probate and
Judge Rapallo called TO give testimony relative 10
the execution the will and codic His testimony, In
substance was as follows: 81 drew up the last will for
Mr. Vanderbilt it was in my own handwriting; II Was
executed Jan. 8. 1873: it was signed and published III
nv presence ard the presence OF We various witnesses
whose attached to it, the Commodores sigma
ture having made in their presence and their sigma
turcs in his presence Commodore Vanderbilt in his
usual health when il executed. ana AIN certain WAS
OF sound mind and restraint and perfectly
pahe of executing testament and transferring estates
The time of this execution some months before he was
taken i'll. The Will drawn after the model OF the
Comnodore's will Of 20 years before he instrucng
what changes to make; did not draw up the original
WILL Th codicil is in my handwriting aud was drawn
pursuant to Commodore VanderbtS instructions and
memoranda June 80, 1875. 1t witnessed rcgIl-
larry as the WILL and his body and mind in good
health After its execution left both will and cOdci
in his possession and did them again until after
his death"
Dr. sydney A. Corey testified that he had known Com
modore Vanderbilt since 1862 lie had witnessed the
execution the will; the Commodore was the sancst
man he ever saw Testimony then followed which was
substantially the Judge RapallOs Francis T..
Freeman had known the Commodore since 1859 and I'M
iii within an hour OF his death he was III good health
and of sound mind when the win executed Joseph
Uarker who had known the Commodore for 20 years be-
fore bis death, presented similar evidence.
Edwin ID. Worcester who had very intimate busincS,
relations with Commodore Vanderbilt testified as wit
ness 10 the codici follows had adverse business
reIotions with Commodore Vanderbilt in 1864, and
friendly business relations in 1867, after which time
saw Inn from three TO five times week; he was en-
rbaticaly in sound mind AZ the time todc was exc
cutcd held the position OF secretary ana Treasurer
f the S,w-York Central and Hudson River Railroad
and of the Lake Shore and Michigan Southern
Railroad also the positions Of President secrC-
t,-v ANA Treasurer of number Of small roads, aud
with which the Commodore connected In answer
TO a question concerning the COmmodores character.
Mr. Worcester said Vanderbilt was the most sefrc-
liant man ever saw. He uniform IN his actions
that could usually forctcn what his actions would be.
never knew him to be induced 10 10 ANYTHING which
was against his Judgment never knew man so
cool as he; never him stirred i'll any way; never
SAW him excited whatever provOcation he might have
He was remarkable man under all circumstances"
Samuel Dcrrickson gave corroboratine testimony.
surrogate CALVIN then granted the motion OF MI Cln
ton that the Will and codcii be admitted 10 probate,
ordering also that testamcnay be granted To tile
executors named in the will The executors oath was
tben administered 10 WIN II. Vanderbilt COrrelins Van
derhilt ir william X. Vanderbilt, aud Samuel Barton
after which the lawyers left the court TO comparative
solitude conjecture, and minor wills.
AsTONisHMENT or TnK LAWYERS.
Ethan Allen, of counsel for Cornelius jeremiah Van
derIt was found al his residence in West Fifty second
AZ last evening lie said 10 TRIBUNE reporter that
nosyely he knew nothing OF the grounds Of the settle
ment The counsel for all the parties Interested In break
jDs the will had met Monday afternoon at the once
Of David Dudley Field and after long consultation had
determined upon their method Of action lie had taken is
pauers home with him on Monday evening In order
that he might 90 directly TO the court yester
day morning lie had not seen his client yesterday al
.u ne said but in the morning, just before going ia
court he mad received note directing that the O0iec
t,ons should be withdrawn, but assigning no reasons