The New York herald., 1879-03-06
NO COMPROMISE.
SEQUEL TO THE CLOSE OF THE VANDERBILT
WILL cAsE--RUMoRs OF SETTLEMENT
AUTHORIrATIyELY DENIED-wHAT MESSRS


SEQUEL TO THE CLOSE OF THE VANDERBILT
WILL cAsE--RUMoRs OF SETTLEMENT
AUTHoRIrATIvELY DENIED-wHAT MEssRs.
LORD AND CLINTON HAVE TO SAY.
As was natural. after the long discussion in and
out of court of Commodore vanderbilt's will, the
sudden resting of the both sides on Tuesday
afforded ground for much discussion and every
where in this city there was great deal of talk on
the subject. Among those who have not followed
the case and its conduct closely there was much
surmise to the probable meaning of the
sudden rest. 1t was, perhaps. natural to
suppose that between the lines Of the record
there writing not intended for the eyes OF
the public and accordingly various rumors of .'com-
promise" bruited about. and before the day was
dozens of stories of all kinds were told and
believed to the effect that all warfare at end
and that disposition of the colossal estate to
be made different from the terms of the will The
contestants were to receive certain sums and the
contest was over. In some cases the authors
peaters of these stories well informed (sicJ
to be able to state the exact sum- This put
down at 81 600 for Cornelius J. Vanderbilt and
the for Mrs. La Bau all their legal expenses
be paid out of the estate.
SURPRISE INDEED.
A careful inquiry made into these stories yes
ton for them. An examination of the proceedings Of
the last day in court is of itself almost enough
show the falsity of the reports. 1t will be
bered that Mr. Scott Lord has said several times dur
ing the contest that there previous wills OF
Commodore Vanderbilt. and it was the apparent and
indeed the avowed object of the contestants to have
him declared intestate. II this should be the result
of the proceedings of the standing of the
tesants would be vastly improved. The production
of the three wills and six codics executed prior
the will of January 0, 1875 (which the pro-
posed and contested). manifestly surprise to
the contestants. and the substance of the documents
of such q nature to readily account for Mr.
Lords resting his The first of these three
wills unexpectedly brought to light was dated in
1868. 1t was, in substance the same as the latest
wiltha is. the bulk of the estate left to william
II. Vanderbilt. Cornelius j., however. received by
the terms Of this instrument only 50 900 year from
the estate instead of $4,000 by the will Of 1875,
and the daughters received only each instead
of $500 900. codcil added to this WILL providing
that any of the 1egatees under the will should
contest he should be cut off from any share in the
estate and his legacy should be given to William H.
Vanderbilt. The next will executed in 1862 and
to the same general effect, some Of the legaces
being omitted and others added. on account of the
deaths and births in the CommodOres large family
first codicil added to this will. and executed
the day. to the same effect as the already
described, and second codicil added afterward
containing certain comparatively unnportant
changes. In 1870 another will was executed to the
same general effect and from year to year thereafter
as changes occurred in the family or the nature
of the securities changed in which the Vanderbilt
fortune was invested, codicis were added. There
one in 1871 one in 1872, one in 1873 and in
1874.
"UNDUE INFLUENCE"
It evident from these papers that If the will of
1875 should be set aside, similar contest would
probably be necessary for each OF the former wills,
with the additional perils mentioned in the codicls
alluded to. and for the first time in the what
the contestants may have known) the public
was made of what lay beyond the present con-
test in it should be successful Clearly in all
this there was no ground for the rumors of a CON-
promise, and the probabilities of one being in con-
temptation was srsatly decreased in the opinion Of
those who understood the case But there in all
this additional element Of strength to the pro-
ponents case. and one which led still fur
promise The, efforts Of the contestant had
been to show that in 1874. possibly far back
duce Commodore Vanderbilt to make his son william
II. Vanderbilt his residuary legatee and that before
this influence was brought to bear he had no such
intention The readers OF the trial reports will hardly
draw this inference from the earlier wills. But,
although there seemed in the nature OF the no
reason to suppose compfomise wan in contempa-
ton aud, although the rumors OF compromise had
again and again been started. only to die out yet
piict inquiry was made Of Mr.. Scott Lord and of Mr.
Henry L. clinton to the truth OF the latest rumors
By both these gentlemen the stories were denied.
MR. LORDS ANSWER
U
in his favor but the contrary virtually admitted
that he expected the Surrogate's decision would be
expressing his disinclination to be interviewed he
consented to give explicit answer which he wrote
down as follows. keeping copy for himself:-
s'When the proponents rested yesterday proposed
to submit the without summing it up, because
my client is anxious for an early decision. In regard
to your question about arrangement all have to
say is that have understood from various quarters
that Mr. Vanderbilt has said that all he desired was
vindication. Should the Surrogate decide in his
fax hax hava fuv,ifv vof,
II this Is not done the litigation will be continued
Mr.. cLISToN's ANSWER.
Mr.. Clinton was equally averse to being inter-
viewed and explicitly refused undergo the opera
ton. After little conversation. however, he made
the following statement:-
There has been no compromise whatever between
Mr. William Fl. Vanderbilt and the contosting party.
The story that there has been effected Is abso-
lutely without shadow of foundation and il utterly
untrue myself. ~ well as my associates OF coun-
sci and the prouonent of the WILL greatly sur
prsed on tuesday Sy the sudden ending Of the case
cross.examne Judge Rapcllo and Mr.. William II.
Vanderbilt very fully. and were prepared to this
cross-exanination continue tor a number Of days.
Having got through with entire evidence in sup
port or the will we rested case In the ordinary
had no further evidence to Introduce on their side
they would in any event insist on summing UP the
case They readily asscnted. however. to the unex-
pccted proposal to submit the without summing
up for the sake Of getting decision earlier.".
Mr.. Clinton said he attributed the course of the
counsel for the contestant to the fact already alluded
to-that by the wills introduced Tuesday the
had nothing gain In setting aside tho will
of 1875 II this should be set aside they would fare
better by tho former Wills. while by of them
the daughters received less than by the latest one
Again. by the codicils Of the Wills OF 1868 and 1869
any contestant would DO cut of altogether and his
share would be paid to William II. Vanderbilt tho
residuary egatce.
As the contestants have not withdrawn their oppo-
sition to the wll but have simply rested submitting
IL to the Surrogate for decision. of all rests
upon that decision. As to what the decision would
be Mr. Clinton seemed to feel doubt whatever and
he indifferent to whether or not there would
be any appeal He could object which the
contestants could have In appealing though he said
lie would not be disappointed at anything they
might do.
MIR. ERHARDT AND THE MAYOR.
Mayor Cooper. Commissioner Erhardt and Mr.
Adams. the stenographer. were in the Mayors pri-