The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-20
PRICE TWO CENTS.
THE COMM0D0RE'S MILLIONS.
SURROGATE C1LTIN'S DECISION sUs-
TIMING THE WILL

Reviewing the Curious Aspects Of the Test.
mony-" The PersIstent Effort OF Children
TO Uncover 60 the Public" Family secrets.
Surrogate Calvin gave his decision yester-
day confirming tho probate Of the will and cod
icl Of Commodore Vanderbilt. He holds that
the will and codicil were executed according to
law; that the Commodore was Of sound mind
and memory in making them. and was not
unduly influenced by his son, William II,
Vanderbilt.
The Surrogate begins by reciting the pro-
visions OF the WILL made in January. 1875
which gave sums varying from 100000 to
$500 900 to each OF his daughters. the income Of
100000 TO his son. Cornelius j.. with pro-
vision that no part OF it should be paid to tho
creditors Of Cornelius $500 900 to his wife. and
about nine-ten,hs Of his estate to his son. Will
liam II. The whole estate is admitted to be
moro than 100000 900. Tho codicil. made in
June. 1879 gives about 100000 to his wife. and
divides about sl10000O0 among the sons OF
William II.
The Surrogate next recites the testimony Of
all the witnesses examined, including that relat-
ing TO tho Commodore's manifold diseases: his
mental peculiarites his alleged control by
women at the instigation Of William H.; his
treatment Of his son Cornelius j.. his business
operations; his pride in the acquisition OF
Wtutns his ODHunhcy. MS eecOnu mhfrluROt
his last sickness and medical treatment; his in
vestgntons and alleged belief in Spritualism.
and his interviews with spiritual mediums
alleged to have bcen arranged by William H.
for the purpose Of controlling him. After COM
menting upon the various aspects in wbi III the
case is an important one the Surrogate adds
Another feature Of this contest. which seems 10 have
attracted puhie aent9n gnd la,il, excited eomment
ie gnho the .ecrsts Of parents domestic and private
lic 20 bchttc his Intelligence and his virtues TO dis
t,rt h' u.o dence mo meanncs to masny 9is eesen.
~ M. bu.ess info A ~ snd treach
cry, and to ascrbc hs diseases TO obscene practices
With reference to the medical Testimony as to
the Commodorr'e insanity the Surrogate dis
credits the opinions Of Drs Nnnderweyde and
Dixon that the Commodore WAS lnsnne, ana
credits that Of Dr-. Gray and Van Buren,, DIR.
Linsly. DR.. Eliot. DR.. Bodpnhamer and others.
The surrogate remarks that the statements OF
the autopsy. and the expert deductions from
them seem of very little Significance. because
thcy could never rise higher thhn mere eug-
gestiOn Of a probable enfneblement of mind;
and owevcr strong the proof Of that probable
ily. thoy could never outweigh or overcome tho
testimony OF one competent observer Of the APP
praranrr, conversations. conduf, and mental
characteristics OF tho Commodore for n series
OF years in his domestic. social. and business
McTyeire. William i. Dodge. James VI Mar
win. William c. Wetmore, John L. Hoffman,
Henry. NJ. Phillips, and Edwards Perrepont
is cited hy the Surrogate ms warrantnR the con-
clusion that the Commodore was
man capable OF concciYng and suecessfnly exeeut-
ns great business enterprises Of indomitabe persever
h lH'ltNW' VIII Ni -Af'HN fltl"hlCtr ~ lTohpt
aud wise adaptation of means 10 desired end Of clear
aud coherent mind, ready rereeptons. quick and scen
Judgment OF men and their moiivcsn short ofvery vig.
orous mimi aud .ro- nature but lacking the amenities
opinions uf his fellow men
| On the question Of the alleged influence over
the Commodore by his son William H., the Sur
! rogate decides that the numerous wills and
| constant declarations by the Commodore
| through n series OF years show that the will
| and codcil express the long entertained testa-
mentary purpose Of the Commodore. formed
| hon ha ksu Of nd nd nd
| In the enjoyment Of his mental vigor.
With reference to the alleged cons spiracy 10
| defraud the Commodore by means OF pretended
communications from his deceased wife the
! Surrogate discredils entirely the testimony OF
Mrs. Stoldard and Mrs. Stone "a so extraor-
! dnary that Il challenged the cred"nce Of the
| Court. remHrking thar such testimony. coming
| from such sources, canno be received as the
rights OF property or IL. free transmission. In
concluding on this point. he says:
ubo i a % nj my GUY N n & 0qd masT nsFGet Z, 70 Saqss urge
am an hr,ns nc Girdrr, To- men'g plm,hnrnt ,ieiher
that mere ondnesior odou, noiorety sufficient
unsolicited
In summing up his conclusions. after review
| Ing all the testimony and the law bearing upon
| the case. the surrogate says:
atom Of The Sydcncc tRSt The nsfumeSts Connected
Were duly executed In conformity with the requirements
OF the statute Of TINS state by me dccedent when lie
of sound and dsposns mnd without the exercise any
undue influence or fraud upon hi mind and Will
With reference to the Efforts to assail the
character OF Mrs. Vanderbilt the Surrogate
| saws:
II should he lesson to those who prone as.an
pnvne character and rrve in pronscu0us defamation
asa mcAn>oi inumtatug parties and c'crciug compro.
muses. The tnriN apology alter tie most d!llgcnt and
pnOrt capable
TO the charges he praise worthy in itself affords
sorry and ucarc amend tor the endurance by delicate.
sensitive. cultivated woman wears. OF baseless
| sauder OF her private character.
The decision concludes with rebuke Of the
| unscemly revelations of family secrets made
| during the trial, and says:
| when the passions which have been excited BY this
nrotrnctc' and acrimonious controversy shall have
| sided. aud kindlicr srint uervaics the minds and
hearts Of those who initiated this proceeding. they
reycrcniN urn to the record their father has made
the business annals OF s TIME and crchHnce cast their
the record OF this preceding they will rejoice
that II j. preserved clean spite all their efforts
| TO tarnisn L.
LTNN'S MURDER MYSTERY SOLVED.