The New York herald., 1879-03-20

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cept that no Intended to say and DE
lie,ed that that enterprise had been. $.
firmly established. and its policy SO nxed
AS successful enterprise. 1t may well be tha
persons will differ widely TO the propriety o.
the deeedent's ambition to .perpetuate, th' dn
great railroad enterprise to which he hau de
voted much OF his business life aud energy as
monument 10 his great business skill and success
ana as 10 the good taste of his boasting OF IT, Bu
wherein does such ambition indicate unsonndness
OF mind? 1t must be quite apparent from the testi
mony that by his will he adopted the wsest mean. ,,
that long cherished end; for, i'll the light
of the character. capacity habits and aims OF ms
Cornelius j.. testified to by himself, 1t is not
difficult to perceive how utterly that purpose
must have failed had Cornelius J. been made jointly
equal resduary legatee with William IL. Nor Is
il much more difficult to predict what would have
become of the decedents immense fortune and the
great public enterprises fostered by it, had the es-
tate been equally divided between the next of kin.
PHOTOGRAPH OF TIE coMMoDoRE
The testimony, when carefully considered. shows
that the deceient was man capable of conceiving
and successfully executing great business enter
prses, of indomitable perseverance, OF impcrious
will. of strong prejudicea of prompt and wise adap-
tation OF means TO desired end, of clear and CO.
conclusions, with almost intuitive and infallible
Judgment of and their motivesn short, of very
vigorous mind and strong nature but lacking the
amenities of education and culture ana a delicate
respect for the opinions of his fellow men,
THE QUESTION OF UNDUE INFLUENCE
The next question to he considered is, whether
William II. Vanderbilt exercised such an influence
the decedent, in respect to the will and codcil,
as amounted in law to fraud or undue influence.
There is q radical and irreconcilabe conflict
in the testimony upon this subject Tho
numerous declarations Of the decedent as to
his testamentary purposes i'll harmony with the
terms of the will contested to be entitled 70
greater weight not only because of the intelligence
and candor OF the witnesses who testified thereto.
but because of such concurrence with the terms or
tho will and codcil, and almost conclusvey So be-
cause the series of wills and codicis executed several
years before were based upon similar scheme,
except so far as they Disseminated more harshly
against the dissatisfied next Of kim In this connec
ton is is worthy of note that throughout this
proceeding the contestant has sought TO estab-
lish as fact that the decedent for many
years entertained contcmptuous opinion OF the
capacity of his son William H.. and that after he
was placed in responsible official position in the
railroad corporations mentioned he never sought or
respected his opinion upon important business mat
ters. yet it s claimed that William II. able
to overmastcr and dominate the will and purposes OF
tho dccedent in tho most important act OF his life
the disposition OF his colossal fortune.
ALLEGED FRAUDULENT CONSPIRACY.
The next and final branch OF this question to be
considered is the alleged fraudulent conspiracy to
defraud the decctent into making his will as he did
by means of false representations respecting COM
munications from the spirit of his deceased wife,
advising that he should make his son William H.
his successor and give all his property to him. as
test fled to by Mrs. Stoddard and Mrs. Stone. The
discreditable and fraudulent enterprises in which
those two witnesses claimed to have been engaged.
their of testfying their disreputable ante
cedents and associations together with the intrinsic
improbability OF their story. throw dscredit upon
their testimony. That William H. Vanderbilt, unless
he had taken leave of his Senses openly in q
public street park the light of day. entered into
SO risky and infamous conspiracy with utter
GERS is too incredible for moments serious consd
Grafton But this strange story is atly contradicted
by William H. Vanderbilt, is dscredited by the terms
o. the will which do not conform in several particu
lars tho pretended advice OF the spirit OF the de-
cedents deceased wife, but gives unmistakabe evil
mind. But the series of antecedent wills completely
demolish this extraordinary theory for they indis
putably show that the will Vas framed il further.
ance OF well considered plan and purpose, matured
long before,
NO PRIsaA FAcrE CAUSE FOR REVOCATION.
It would be an unworthy afcctation to pretend
that in the opinion of the Court. there existed
prima facie cause for the revocation Of the probate
of the instruments when the contestant rested. 1t
is true that testimony had been given tending
to show enfeebcment of mind and di iferent testa-
nen.ary purpose, and OF an executed conspiracy to
defraud the decedent respecting the terms OF his
will. But in addition to the clear testimony Of the
subscribing Witnesses to the decedent's mental
saundness when the instruments were executed,
there was then abundant testimony given by the wit
nesses called by the contestant-Drs. Linsly, Elliot
and Bodenhamer, and Rev. Dr. Deems and MIR.
MISUNDERSTANDING his unimpaired mental con-
dition down to very short time before his
death. There was also proof Of the tcstamentary
purposes and reasons given therefor. in harmony
With the terms of the will, but no such testimony
was necessary in the absence of subtantial proof
OF undue influence. There was also some testimony
tending to show fraudulent conspiracy; but tho
alleged guilty completely Of the Witnesses and the
OF the story and the character Of
their antccedcnte, all render It unworthy OF belief
in the absence Of confederation. snd when contra.
dcted by the terms of the will itself, showing we'll
ened purpose in carrying into 1t it the dccedents
prejudices OF many years against his son Cornelius
and enforcing his expressed opinion that
women were not fitted to have large sums
of moneys will characterized by well-dcfned
plan and purpose, intelligenty expressed and log.
cally adapting tho appropriate means to the end
proposed-that testimony becsme impossible Of be-
lief.
INDICATING MRS. VANDERBILT.
The result Of this proceeding in its utter failure
to usti the aspersiOns upon the character OF Mrs.
Vanderbilt, shadowed. forth IN tho opening
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to those who prone to assa private character
and revel in promiscuous defamation means Of
intimidating parties and coercing compromises
The tardy apology. after the most diligent
pable OF tcstifying to the charges while praise
worthy in itself, affords but sorry and mesgre
amend for the endurance BY delicate. sensitive cul
tvated woman, for two years. OF a'baselcss slandcr
gret but of qualification, that much of prurient
and defamatory matter has been kept out of this
case consistently with the rights of all the parties
engaged in this unscemly revelation OF family
secrets.
It may we'll be doubted whether in the best and
most exemplary families there do not things occur
which reverent regard for the secrecy. the modesy
and sacred character of domestic life would preserve
been excited by this protracted and acrimo-
NOUS controversy shall have subsidized, and
kndlicr spirit pervades the minds and
hearts OF those who initiated this proceed.
father has made upon the business annals of his
time, and perchance cast their eyes the record
Of this proceeding they will rejoice that IL Is pre-
served clean in spite of all their efforts to tar
nish it.
am Of the opinion that the probate Of the will
and codcil should in all things be confirmed.
Let form of decision or decree be presented for
settlement and signature on two days notice.