The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-03-25

which probably would have occupied less than
hour. The only thing unusual was. counsel upon
argument. We accepted this proposition be-
cause We thought II needed no argu-
could be no argument made upon the other side.
The Surrogate however. wrote q very full opinion.
After that was delivered we proceeded as rapidly as
possible to enter the decree. do not know whether
the contestant intends to appeal. As fur as am
aware there is nothing upon which she can appeal.
although the law gives her the right to take the
to the supreme Court and the Court of Appeals if
.sThere were three wills and seven codcils intro
duced in evidence upon the last day of the trial. all
OF which in their general features were like the will
and codicil admitted to probate. II the last
would be presented for probate. II that
were set aside the one previous to that
ellis extend back to 1895 By none of them would the
contestant fare any better, while by most she would
fare worse. BY the will of 1868 the contestant in
stead OF receiving legacy of $500,000. would only
Year. would only receive $4,000. BY codcils to the
contest, they would be cut off entirely and their
shares would all 30 to William II. Vanderbilt
cannot perceive any object the contestant have
in appealing where the only result would be, II she
wore successful. that her share would be reduced.
and she contested she would forfeit her legacy en-
tirely.
THE MILLION SUIT.
'Since the decision Of tho Surrogate in the will
mlion suit We proceeded to have the Jury struck
with the expectation that that case would be tried
the first week in April The plaintiff has not, and
never had the slightest chance of success in that
case Percciving that defeat inevitable after the
striking OF tho jury Saturday. Cornelius j. in
sructed his attorney to discontinue that suit The
plaintiff had right to discontinue 1t was not in
our power to prevent it. The parties who have
pushed this litigation seeing that there pos
sible chance Of success, having been so decisvely
beaten in the will case, after the most bitter
contest / have ever known, have, without any
promise any condition understanding, aban-
doned the litigation l know that Mr.. William H.
Vanderbilt has made no promise of any kind what
ever induce the other side to abandon this litiga
ton. Commodore Vanderbilt upon his deathbed
repeatedly and in the most solemn manner enjoincd
upon his son. William H., the duty of carrying out
his will. William II. promised to do This
promise. from the time of his father death to tho
present hour. he has faithfully kept. Come what
may he will never break that promise
WHAT Vanderbilt
HERALD reporter found MIR. William H. Wander
bilt at his Fifth avenue residence last evening and
asked him what his views about the COM
promise on the will suits ~
"Compromisey said he II know nothing about
compromise. / have not heard from tho
promise IL something new to mo. have nothing
to about the matter at present beyond the state
ment that I entirely unacquanted with any
propositonin the way OF compromise in these suits.
JOSEPH Il. CHOArEs OPINION
''Nonsense!" said Mr.. Joseph II. Choate yesterday
afternoon, leaving the Court of Common Pleas; II
have not the slightest knowledge OF acompronise in
these suits aud don't believe there is such thing.
am of to Albany now. aud all can tell you is
that knownothing OF the question of compromise.
1t is not the case.