New-York tribune., 1879-01-16
THE VANDkRBiLT BROTHERS

| AFFIDAyGT-A DEMAND FOa A sPRf DY Tkt,r
SUMMARY or WILLIAM II. YAS0EEBIL1's Al
| FIDAVIT.
The SUIT of Cornelius j. Vanderbilt aea,,.
William II. Vanderbilt .Or Sl,OOO.OOO, the alleged e
sldrrat on tho plaintiff withdrawal from TIE 60,
test OF the will OF Commodore Vanderbilt seems liz.
at last 10 be brought 10 tr.i. Ii mas been hanging -
months In the Supr, Court. ana in December ind,
Lawrence denied motion to have it placed on tie "a
for reasons-that ought to be tried uu,I
after the will suit determined aud also because M
calendar was ull ne however granted leave L, rene.
the motion Mr.. Lords statement that there were n.x
facts brought before the Court. The mo Ion va
| therefore renewed yesterday before Judge Liudoa IA
! the Supreme Court, Part III.
Nj. Clinton ed the matter adjourned because ",
Choato not present; but judge LaHdon said wass
| very simple matter aud he would hear It a. once
! ethan Allen read the affidavit OF Cornelius j. Ydtlsr
Bit TIE plaintiff It rccIted The terms OF the Will a.S
the steps that had already been taken In thu
case III every which proceedings the plantfh hn
always ready for trial. and The delays mad been ~
the defendant. The amount involved IN the SUIT u,
affidavit continued, 81 100000 and the interest
wnicn sum the had agreed to pa the plain
TN consideration mat the latter should Withdraw bic
objections the proving and the probate OF the VIII
and cod.C OF the Commodore. The d"pOnent declared
that accordingly IL open court, he Withdrew bis O5ie.
tons, and since, good faith, had fulfilled MS agree
mcnt that upon the Withdrawal Of the Opponents %
jectOns the Will proved ami admitted 10 prOOale
tstamcntary issued, and tue vast estate
the decedent gent the possession OF the fndan
and had continued his possession except as 10
has used it that May %. 1877, Mary A. Ia Bag
flied aeg tions against the validity OF the Will without
any consultation with the depODent, and witiout hs
knowledge or nslgatiOn that he not, and neya
had been in any way Interested or conn cted tn'ra
wit and had not had any control or direction In any
manner and had borne part OF the expense Of th,
Will contest that he was ready to MAINTAIN ana prove
al This on The trai Ot acdon.
The deDIncn further alleged mat IN the latter part
June, 1877, he had nornatlon winch ne iuly creultG
AID now believed, that the deie.dant two or tLre
months thc execution - ihs "il enicrd aio
conspiracy to have man Ol infamous practices person
atr the drit ndnt and 20 bc watched by detectives VIC
would r,pOu such practices, {" cause ana vRlcn did
raus.. pIacucaI disinher anc"; mat ON Dee,myd
TO- 1877 two months before the cOn;"stant oherds sg
prOn IN the will contest, the GcpOHcnt brought an ae
tOn the supreme Cour. AGAINST tHt dr.cA"At 70 tr
cover IN, damage, he Gad sustained bY reason ~ sucl
conspiracy, which was rtiu t.hd.nE n d'poned
further sad that ne was advised maj TO MAINTAIN sgcs
net ou fox conspiracy and ieuJ Il w0 n Dee proper and
u,c.s .aTy for hm not only 10 prove IN" conspiracy tl
also tne wcakcnad physi al amt mental condition Of h2
Commodore. 10 show tbif Ic was l. condition o d. a.
frrtrd by suc flGUdutn' r ,c''dtiD!-; h1t uudhe
di4apreiraucr o. the three who had made
All ,ylis sustaining the trr. o. such carte OF coE
~.rtc.. .c CAp defender tut taAr IN actfc palt 70
urorlttng testimony s.stan tina conspiracy" ae
tlDu auu dc-rh- 40 neaI testimony bearing IN u, os1
c:sr.a- wei ;- tlu- gen l M tr' ih M ana D. ~
preyruf hv toe condition OF Ia, hcaltI from attending
10 any business, bad ncquch.l, alt hdcd &c stAs
- iiC -G..O-aJ, Court dUius .Ac v.u ti@. tes't
fed there IL Cd witness, hut tIIi since tie disappear
.nce OT -uch Witnesses lisi SUMMER he h'd A"' d.
tempted 10 rOcurr any Wl'u--'- Wa never itqt-su
nor .u or2 q by the contestant TO see az procure any
WitUc,,s: aud Wh l. he mlgnt M t~Our tnrcc instances
m trDcur ~ tuss,Cs tor >Jgh coN>rlrari action, lave
irf.,, T., his s. ,r or ser cI-c, ur aii iel tL3tG
wa- wholly Wtthoui aufL Lunty aud Withvu; any mtsh
Oh h> lult 40 I..rr tIr 90 thr viii contest Au thte
rtioH. tGe uc. .oAcat va. ret.y 20 prove on ue .Ia
rae a1.ayt further Il c, that the defend1n riye %
nur ,r .i,i- ipon her agreement 10 wth..fv Oh
/ o. n, =fb'ffDth, an itN 10
other, @JUU.OOO, nOu-h ctnias i.tt ih'} were L;
G. ,,,nd p nll-h by several witnesses, tu in' de'
rnuant prom Scd to pay ulm FlUVoOOO iCf "u'ni"",
ing is ,ciJ.~, wh!cl agreement The drpOneu, Adi
uiv ktpf; taHt he in l1rm heilh aud was adv Ncd
Dy his pnyslcaH, that Gc no only needed thr change
iI,r,n md rest o. prolonged navel buI that, uniess
MS riiru were soon trrd might liv" to engage
~ II that ~ advised 10y counsel he believed TIE tfA
OF the case would not occupy mole than TWO or 'hfee
Mr. Clnton read the sfRiavit Of william H. Wander
! bIit IN rru.I H. denied that the estate was worth
zoo coo 0OO ilt SAID that ne wa- ADVISED by counsel
iht il was not necessary to state WnI NJ actual Faa
was. Tue aidtGit also dem mar ne Geitnd"n' Lss
! .y.T attempted make settlement Hiih tuc plahtB
m .ou,iacratlou Cf his thdGa~ai from tue VIII cen
test J; stated that tere mad Dc int rNIews bet"eet
iH c,i,,ei for the plaintiff and tn counsel TOR The av
lrut lni il, 10 gift 10 br made To- Cornelius j. Viper
i,, bat tucry were no nee u''Iou7 a. To 7e,ti met
r.. r.a.u t..j The iHnth Vas noi participating asi
parv m .he will contest Nas denied; the contest va
i.ilu tanned BY ana on heIHl o. vim lne AhO"itO-e
nI,uf,y,l and lu>t. CATION oi the pian,lh H. t0lae
iar lis Ia b ,u were the counsel .oi iAr u I'M IT,
tact, existed upOu whicn IL" conspiracy >ut lorfHV"
600 coHa uc bd,cd Ihe grounds up"n Whcu ne lIt
/ sIi,ts o. the p liuiiff based wero ptcnl'r liz
! claimed the viii casr one-'enth oi I e estate OF
! the ground tudt Commodore dnd"lbt dIet in'r-a'e
| he claimed rl.oOJ,OUo IN ins sIt on me gi'IYt
fhat ho had u.srud 10 withGra" rom the VIII ease Aa
me claimed :. coo 900 lu the tdird sut because hs 10
t'rr,t. had been pr,iudred by n.'fe.rrs'nat on az
I, the Commodore. me ula' Or '" 1''' H"uiu r,uy
! several week. and tie professional eneas u'his
,1uu~tl were such thar tlcN Would u"t n&'t .',gtP
me ga b, fore the conclusion ui th' VIII ouS' Nh
| would probably occur before hpr. l. lhe "rtth1"m
further rrcd thIJ he had never paid no. promised
W 10 ms sIs,crs ANY sum 0t money IN con,dcratond
Of tin Will lie ulu bpH'
ever, from motives Ot kinhnr>s "up 'h' '"u %, y
tam prc>c:t, 10 tIcIn, aud b." Lt1 "a 80 lNtn ecu =,
10 iGs. LaBdu, II she m" "llbd'i"H .,"i % I'm ~ M
/ a lar-e unconditional present ~ 4" lI' "edItn - -
| paintii. t.c defendant mad heard that nr trnsr''''
himself ~ late 10 be much stror ger man prt'loLs9'
Mnrn he aihdaylts were nni'ue'l Julte l".i1ou 5
tb2f The unY questions tu're seemed TO M'f' Hh'o
the contract had been entered INTO ana wh''t e ~
were kept; tose we're matters Tor JLfJ, anu uo' ~
Mr. C!intou-But if the plaintiff continue to se t
throughout ihe Will contest ~ al Interested P'n,S
think that should be peruitiec -o SO" , .n ~ or
trial OF the which We canuot do " the 'ri" O
rdse Laudou-I ia immaer1al how the matter ,s e,S
i'm the SullOgate's Court dou't suppose II J. S"
while to argue thI, simple mat .er al! day. ,,.
Mr. CLniun-Tue Court has tOriucrp aI'e-'t Wv" ,bs,
Tia, the i,ues N tho viii will help 10 slon WDst @
the plaintiff has or has not Kept lA.s aiicse' 49,
Judge Landon-Why can't yon show thar nov no.n5Ss a.
position q, Judge Lawrence that me VIII sur ,,.
ar,t decided doesn't seem 10 me- 20 have ncu ever
Mr. Lord sait tnat ths the first cs.e VI, ,,,sl
occurred here attempt wa. insdr 10 rou.bi
uu;il defence SHOULD bc born. Al tue cue IN ~ nfs
M -hould be docited before jury, anu ,V
ercly claimed the ordinary lhht. 9I va,
simple contract Ihe trII %o1lu no. ~ bouLi NOT take
counsel, tor they would stpulate lha' !" s"
more Ian two days o.. -. ,aue one dsy.
Judge Lqnd'n said that il might not 'aag anso.r IL
The only question To con' en- en'e % i,h sone
MIR CIintuus request, he promised o cuIs a. nest.
OF fhe other Judges III regard 20 their r'a'oioI 10
! pouing the case, aud SAID he WOuiu h''' "'
day.
PARDONs BY THE PRESIDENT