The New York herald., 1879-03-05
EVERYBODY SURPRISED.
Several Old Wills Of the Com
modore Produced.
WILLIAM H. VANDERBILT TESTIFIES
lie Positively Denies Ever Having unduly
Influenced Ills Father.
DECISION RESERVED.

The hearing in the Vanderbilt will case before Sur
rogate Calvin opened yesterday morning very much
the previous hearings have opened for the past SIX
months There thin attendance. the usual
sleepiness the part of majority of those present.
the formal calling of a witness and the dry uninter-
esting beginning of his testimony. But before the
end of the afternoon session the aspect of affairs was
entirely changed. some telling blows had been dealt
by the defence and this most remarkable case was
closed in most remarkable manner. giving surprise
to all concerned.
CoMMODoRRs ADVISER.
1t soon became apparent that testimony of an un-
usual nature about to be presented. Judge
Rapallo the confidential legal adviser OF the late
Commodore. first called. He identified several
wills that the Commodore had made, and gave his
recollection deceaseds expressed intentions
in other wills, which not found, to
the disposition of his property. In each sue
ceeding will it was read by Mr.. Choate,
going further and further back and reversing
the order of time the amounts bequeathed to Cor
nelius and the other parties connected with the con-
testans grew less and less. The theory Of the latter
had been that of undue influence on the part of
William H. and the weakness Of the Commodore's
mind. due to age and infrmities. These. they
claimed, had induced him to make the viii offered for
probate. The evidence produced, however. showed
the same unvarying intention Of the Commodore
for period extending twenty years back to
make William II. his residuGy legatee. This was
q complete surprise to the contestants, who
of the existence Of these wills. and it
slightly weakened theinsanity theory. If the Com
modore was insane at the time of the last WILL and
it should be set aside that ground, then the pre-
vious will would hold good. Yet. according to this
all the heirs except the residuary legaee to get
1ea hu uv,D an1if NJ fI,arn
to contest they would get nothing according to
the provisions of codicil. The further back the
wills went the less the proportion accruing to
the heirs except the residuary legatee.
But the theory of undue influence also to be
assailed Several witnesses had testified to attempts
by william II. to influence his father by pretended
spiritual communications. There another
prise reserved this head for after the Will
lam II. took the stand, and in clear, decided man
ner denied having ever attempted to influence his
father. either by these by any other means. and
showed how any such attempt would infallibly be
frustrated by the watchfulness Of the wary old Com
modore Then the proponents rested their case.
They were. however. to be surprised in turn by
Mr.. Lord, who submitted his side without argu-
ment in the others should do the same. Tho
proposition was at once accepted, and to the
prise of Court and counsel. audience and public
generally, thus ended the long contest of the Van
derbilt will.
THE TESTIMONY.
ALI parties appeared in court at eleven O'Clock.
Judge Rapallo called by the proponents to
testify. He said that before he elected to the
Court of Appeals he had acted counsel to Commo-
dore Vanderbilt, and had drawn for him several wills
and codicils; he identified will Of the Commodore
dated January 8. 1870, and four codcils dated
respectively January 49, 1871; May II. 1872;
April o. 1s73 and January 8. ls74. BY this will his
wife to receive s500.000; his five daughters
s2,500.OOO in equal portions. and the interest of
S200.OO0 to go to his son Cornelius. William
II. made residuary legatee. Most of these be-
quests were in bonds and railroad securities The
$4,000 that to go his wife was. by the will,
to be in New York and Harlem Railroad bonds.
and she was given permission to occupy the
Commodores house for five years after his decease.
The first codicn gave her the use and occupancy of
the house tor the rest Of her natural life The
second codcil substituted the new issue of the New
York and Harlem Railroad bonds for the old The
fourth codci substituted us her legacy bonds Of the
United States for those OF the railroad. This will,
amended differed but slightly from that
which the contest began.
second will. dated February 8, 1862 was next
presented, identified by Judge Rapalo, and read by
Mr.. Choate. BY its terms the five daughters to
TO to the support of Cornelius codicil provided
that should any of his heirs contest the will all be-
quests to them should be null and void Another
codicil, made in December. 1862 just after his
riage provided for the support of his wife by q
legacy of $50oooO according to an ante-nuptal con-
third WILL dated July il. 1865 was next identified
and read. This was similar to the other Wills
cuted aterward and already described, with the ex-
ception that, instead OF the interest of 100000,
Cornelius to receive $1,000 year out of fiind
OF 100000 set apart for that purpose BY codicii
1t set forth that any OF the heirs should con-
test the expenses for the lawsuits hould out of
the legacies lett to them.
The surroeao-It is pity the present will had not
such provision. IL 1t had the contest would have
been over long ago.
legacy for the Moravian Church on Staten Island
was mentioned in this viii; codicl charged the
daughters portions with the counsel fees of the
g-tr-la tfa fha LATE
THE DRAWING WILLS.
Witness was then examined by Mr. Clinton. He
had been drawing wills for the Commodore from 1866
TO 1865.
O. Can you form any idea about how often you
drew these Wills and codicils for him? A. He had
some change of trivial importance to make almost
every years they were generally made by codicils
and when the will was piled up with codciis he
q. How many wills apart from codicils did he
make between 1866 and 1862 A. should say at least
four or Ave.
q. Who the residuary legatees at the begin
ningi A. William Ii. and George w. Vanderbilt.
q. Who were the residuary legatees in tho will that
the Commodore showed you to guide you in drawing
up the first will you made for himf A. William Ii.
and George; do not know whether George of
age at the time that will drawn.
u Who were the rcslduary lesatees in all subse
quent Wills down to the time of Georges death
A. Those two were the rosiduary leoatees In eoui
shares in all Of them,
@. Subsequent to the death of George you may
state who was the residuary leqaoe in all OF them
change
q. You can state whether the general framework Of
the wills was the same from the first down to
lo,of A. They were the same, the only variations
being that some of the shares In trust at
times ana at others were given absolutely, and the
amounts were increased in other than the
siduary legatees there always q provision of
5000 a year for Cornelius ].
y. will ask you whether in any will you
drew Tor the Commodore. leaving out William IL
And George any of the heirs received any than
they got by the Will of 1857 A. No, air none of
them; there was gradual increase whenever q
change was made.
e will ask you whether by any of the previous
wills they got less? A. Oh, yes.
recess was here taken until haf-past one.
AFTER the recess Judge Rspalo again took the
stand ana was cross-examined By Mr.. Lord on tech