The New York herald., 1879-12-30
THE VANDERBILT WILL AGAIN.

MAN WHO CLAIMS TO HAVE PROCURED A
SETTLEMENT OF THE LITIGATION SUES THE
LEaATEE FOR ONE HUNDRED AND FIFTY
THOUSAND DOLLARS.
little proceeding. said to be of private nature.
took place In the Court Of Common Pleas yesterday
morning. before Judge Van Hoesen. Mr. William H.
Vanderbilt being party to the proceeding in ques-
ton. it. Of course excited great interest. Tho fact
was that Mr. William II. Vanderbilt had been
amined before trial In suit bro ught against him by
his fathers old companion Cornelius NJ. Mescrole.
Mr. Meserole's suit for tho of $4,000. which,
no claims. Is due him for important private SER
vices-no other. In fact. than those which. no
claims, resulted In the of the suits
under the will of tho ate president OF the New York
Central and Hudson River Railroad. It will be re-
memoered. when the VIII OF the great railroad road
nelius, Jr., and his sister. Mrs. La Bsu. op-
posed 1t. but after some time withdrew their
opposition. A subsequent suit against William u.
Vanderbilt instituted by his brother Cornelius for
81. 900 based ON the claim that the resduary
hsc s snss o
sition to the probate OF the will. This suit for
S1.0O00O0 was held In abeyance during tho contest
before Surrogate Calvin, which occupied several
months. One morning the town gossips were much
depressed to learn through the public prints that
the suit for s.. 5000 which had promised much
food for spicy chtt-chst had been withdrawn. Cor
neltus paid some bills he owed, his counsel seomed
well satished with tho result and the tickle public
fancy found another sensation than tho greas
will Since that happy conclusion or vexattous
litigation the of Mr.. Vanderbilt has only been
associated with great financial maAtpulations. and
time oblterating tho memory of the great strug
Gle from the public mind. Now however, Mr.. Mese-
role, the Commodores companion, threatens to stir
things up again because. he claims. William II. has
failed to perform his part OF contract. the result OF
which tho discontinuance OF the Will contest and
the suit for 81 100000 Should tho suit which Mr..
Meserole has instituted come to trial the pub
lie is promised view Of the seamy sdo of the
gotations which resulted in the amcsbe settlement
Of the claims of tho contestants. Having. as he
method and inside 'business" will bo laid open to
Wow.
HIS COMPLAINT.
In his complaint Mr. Mcserolo claims that while
the litigation In question in progress he
sought by stephen Dunn. of Saratoga who repre-
sented himself Mr.. Vanderbilt's agent. Dunn
asked his opinion OF tho case and Mr. Mesercle said
he thought it sheuld be discontinued out OF respect
to the memory of the deceased. Later Dunn asked
him to interest himself to bring about settlement.
telling him he authorized by Mr.. Vanderbilt to
ask him to Complainant further declares that
he told by Judge Rapallo that Dunn was the
authorized agent OF Mr.. Vanderbilt. and this as
surance he proceeded and succeeded In bringing
about tho amcabe adjustment as stated. Mr.. VAN
derbilt in his denies all the matter con-
tanned In tho complaint. except that ut tho time
specified. were being prosecuted against him.
A DENIAL
At the examination yesterday MIR. Vanderbilt was
examined by Mr.. Patz. counsel for the complain
had not paid anything, directly indirectly. nor
had he agreed to pay anybody anything for the dis
continuance OF the suits. The million dollar suit
was withdrawn. He stated that he has known Mr..
any authority to act for him. At no time has Mr..
Dunn been Ia his employ. Mr.. Vanderbilt declares.