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

this family quarrel ought never to have been venti-
lated in the c6urts-that from the very start they
had counselled peace. peace" but there was no
peace among the Vanderbilt children. Now how
since the great contest had reached the end OF
the first chapter, it well that passions should be
Gained and further efforts be made especially
MS the son of his father, having gained his
battle, was ready to do the handsome. It
was whispered that William H. Vanderbilt. ont
Of respect to the memory Of his father.
from whom he inherited 900. has set apart
from his private fund less than $5OoOOoO to stop
the claors of the contestants, upon condition that
Ill litigation cease at and without delay. Whether
this is the actual sum paid cpTpromise remains
for the present family secret, but that stop has
been put to all litigation in the Vanderbilt will
Is actual fact. as will appear by what follows.
THE DECREE SETTLED YESTERDAY.
1t was yesterday morning that the Surrogate's
clerk placed upon file 'the decree" agreed upon by
opposing counsel. 1t is long document. Of which
this is an extract
William H. Vanderbilt as executor appeared on January
porting to 30 the last viii and testament Of cornsss sn
The proponents and executors having appeared
duly
@ sS osas
and s e s :s
At the time he the bearing date
@ naasnos or fraud
sSs
rsspss',ys, fsssIs sosss.:is
~. thai, sever; PsP;,s
neus Vanderbilt deceased and in ali respects valid
s s y Ss Ss OF New @ S
H n Of sny u h. the
and the codc and the probate thereof
%sdS on Mafs ~ b. The same hereby
Alicia La Ban be- dismissed without costs 20 either
: Filed March "a. 1879. -
MI. CLINToH's STATEMENT.
Mr.. Clinton stated in the Surrogstes Court yester-
day before the fled that upon the law and
the facts Of the he had doubts Of the right
proponents to require contestants personally to pay
the cost Of this contest but he instructed by
client william H. Vanderbilt. to say that he waived
this right and consented that the decree be entered
without to either party. The effect of this n
that each side pays it's expenses Of the litigation;
none come out Of tho estate. This ended the pro-
ceedings in court and the reporters called upon the
various counsel to ascertain what truth there in
the reported collapse Of the appeal and other branch
suits connected with the case
SCOTT LORDS STATEMENT.
Lord senior counsel for tho contestant Mrs. La Bau
REPORTER-l understand MIR. Lord, from excellent
authority. that there is to be no appeal from the
6urrogate's decision?
Mr.. scoTT Lonp-I have authorized no such state
ment, and yet think there will be no appeal. Tho
three wills proved the Last day and.never brought
Into court until then date back to 1865 eleven years
ago. aud in that view could hardly advise my client
into the labor Of defeating them sersatim.
REPoRrER-The decree. understand. as issued. 10
satisfactory to all parties.
upon. In that it is satisfactory to all parties
REroRrER-ls it true that Mr.. Vanderbilt has inade
propositions to your clients?
Mr.. LonD-I do not know that Mr.. Vanderbilt has
made any propositions. believe, however, the
whole matter is to be amicably and honorably ar-
ranged
RkronrKR-Are your clients satisfied with this
ytate of AFFAIRS?
Mr. Lonp-I hope all the parties to this litigation
will be satisfied that it has ended.
RrronrER-Do you know anything about the re.
ported disoontnuance Of the sl0O00cO and s7oo0ooo
buit by Cornelius ]. Vanderbilt?
Mr. LoRD-They have both been discontinued.
After the decree in the will was ended Mr.. Cor
should Withdraw the actions. aId accordingly did
90 For further particulars in regard to this refer
you to Mr.. Ethan Allen.
INTERVIEW WITH ETHAN ALIEN
The latter gentleman. counsel for Cornelius j.,
found in his office, when the reporter said :
Saturday last struck In good faithf'
sAs counsel for Mr.. Cornelius J. Vanderbilt in his
suit against William H. for 100000. attended be-
Allen. IL met there Mr.. William A. Beach, Mr.
Choate and Mr.. Henry L. Clinton. representing Will
the suit to be discontinued, and am sure that
my opponents dreamed of such thing The jury
was drawn and all the work completed pertaining to
their election Within half hour after the work was
finished received "a note from my client Cornelius
j. Vanderbilt to discontinue the suit and to proceed
no further with IL. No reasons were given what
ever. The note simply read. "As my attorney and
counsel In the case OF Cornelius ]. against William
ii. Vanderbilt would thank you to sign stipula-
ton Diminishing the proceedings and 500 that or
der IL entered accordingly" This was OF courso
matter of great surprise me- but IL was authority
n fiieinp ipfs N a act cd SpQ
ing my Client within an hour, amt signed the
shpulations dismssing tho suit. This Sat-
and preparing to enter the order. and AZ It
very stormy day did not my client subsequent
70 receiving the note aforesaid and have not seen
what were the stipulations. Mr.. AllenY'
The stipulation reads that these suits giving
title thereby be hereby dismissed without costs as
against either party, and an order to that effect may
DO entered. Of course. Tie Is signed by Ethan
Allen for plaintiff and Henry l.. Clinton for de-
PENDANT Upon that stipulation the order
tered by the Judge. and tho great suit closed"
Iiow about the S7,ooo.0oO suit?"
at the same time
81 believe you also counsel In tho will case.
Counsel have not yet definitely determined. but
1t is my opinion that no appeal will be- taken."
:, All. vANDkiBIITs COUNSEL SPEAKS.
Mr. Henry L. Clinton. principal counsel for William
II. Vanderbilt. upon being applied ~ by the HERALD
reporter aud asked to state the condition OF tho Van
dcrbilt Will case and OF the million suit positively
declined to be Interviewed upon the subject. but
after littlo conversation stated ~ follows:--
Tho settlement of the decree under the decision
OF the Surrogate In favor Of proponents was
adjourned to this morning. We appeared before
Surrogate Calvin NJ ten o'clock for that purpose.
Having drafted the decree in pursuance of the Sur
roeatc's decision l showed IL to Slr. Scott Lord,
oil counsel for contestant who agreed that the form
oi the de:reo was Ia accordance with the
Me Surrogate. The contestant has three
months within which to appeal. We. before
resting tho case, put in our whole evidence.
We tried the case closely not TO
open the door for any rebutting evidence the
part of the contestants. Had she or her counsel
been disposed to put in any further evidence l do
do think the Court could have permitted hor to
do so within the rules of law. except upon some