The New York herald., 1879-03-05

/ Moravian church Staten Island and the Wander
| bilt institution in Tennessee.
| @. Were you aware that Judge RapalIo was draw
| ing up your fathers will? A. Well may say so.
for l knew it Well as / knew anything; but he
O. Did you ever have any conversation with your
father in regard to Cornelius2 A. do not think I
any of his children.
O. In regard to your brother, do you not recolect
when he got out of the Bloomingdale Asylum on a
writ of habeas corpus. A do not. Mr. Lord.
Mr.. Lord-That is all, believe.
MIR. Clinton-We have two three documents that
We wish to put in evidence. and had some objec-
tons to raise against the examination of Mr.. Simon
SON and Mr.. Jacob Vanderbilt. But We waive these
counsel may examine him if he chooses.
THE CASE RESTS.
This offer Mr.. Lord declined and Mr.. Clinton re-
piled. 1--WE now rest our case"
Mr.. Vanderbilt here seemed very anxious about
something and was earnestly talking to Mr. Choate.
AT last the latter asked him to again take the stand
and the following question was putt want to ask
you. Mr.. Vanderbilt, as to your acquaintance with
Mrs. Frank Vanderbilt before her marriage with your
fatherg A. Mrs Vanderbilt and her mother We're on
visit to my fathers sister, who keeping house
for him in 1863 my wife and myself saw Mrs. Van
derbilt and her mother there on two occasons-both
Sunday evenings; l never exchanged ten words of
conversation with Mrs. Vanderbilt before her mar
riage with my father and never called on her in my
life.
Mr. Lord-I propose to submit the case without
argument; but before that desire to make general
statement which relates to the testimony of the
witness in his last statement. desire to say in be-
half of the contestant, that withdraw everything
the decedent and shall make further charge against
her, aud withdraw all statements affecting her
character. l wish to say, Your Honor, that, while
these propositions were made Ill good faith
those who know me know that l could not make
them in any other spirit am convinced that she IS
innocent OF the charges we have inadvertently laid
to her. The testimony seems to be quite emphasized
on the part of the proponent and deem 1t my duty
to do what have done. Therefore, move that all
offers relating the widow OF decedent and all
statements affecting her character be stricken from
the records OF the Court.
he Su.rn in ailrin IN
does counsel very great credit after failure to prove
the facts that they alleged that they have lit to
do justice to the person alluded to, and who seems to
be entirely free from any imputations
Mr.. Clinton here said that he accepted the PROPOSE
ton of Mr.. Lord to rest the without argument
The case is closed" said the Surrogate. and thus
ended the great will contest
HISTORY THE CONTEST.
The Vanderbilt has been before the courts two
years and two months and four days. 1t was the
Sth of January 1877, that Mr.. Clinton took the first
sep which brought the before the public by
applying to have the will probaed at the Surrogates
office. Citations were then issued, return
able in. in about six weeks; At the & expiration &po!a
children declared their intentions to contest the
will. An adjournment was then had to the
expected to go on, Messrs. Clinton, Comstock and
Evarts being on hand. The counsel for the con.
they did withdraw. The will was then admitted to
probate. Letters testamentary issued to the
executors William b. Vanderbilt, Cornelius Wander
bilt, William r. Vanderbilt and Samuel Barton. The
executors then administered the estate. They did
pay the legacy left to Mrs. La Bau however. she
refusing to accept it.
The law permits the next OF kin within year to
file allegations and have will contest tried over
again in which they interested So it was, in
May. 1877 that Mrs. La Bau set the ball again in
ton by filing her allegations. New citations
issued returnable on the lah of July 1877 At that
time Henry L. Clinton appeared for the executors,
called the subscribing witnesses to the will
and codcil and rested his case. 1t was
then adjourned till the following September. then
to the 18th of November. when the contestants put
in appearance. The contest proceeded until the
latter part OF November, when the contestants finally
rested their The proponents then went on
with the rebutting evidence. The contestants called
during the trial 108 witnesses, aud the proponents
exclusive of the subscribing witnesses. called 25
During the trial l40O0 folios Of evidence were