New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-02-10
TIE pFr1r1nN AND DENIAL.


misc had been effected between he con
testants Mrs. La Ban Berger anr Cornelius J Naa'
derbilt, on one de and William H. Vanccrbih on 'he
other. That there was compromise OF any kihd OF
that anything else led TO the cessation OF the st IMAM
the inability Of the sustain II, was eiontY
denied by the counsel ExJndgc COnsfock reported
even to nave declared that TUE TRIBUNE was publishing
fasehOods. When Cornelius j. Vanderbilt paid on
debts amounting to several hundred thou,
sand dollars, the circumstances connected
Herewith furnished proof OF TuE TRiB-
USE's statements. Nevertheless the denia's that
any compromise had been made were continued. The
facts at be disclosed IN documents that came
before Justice Donohue in the Supreme Court, Cham
bers yesterday
The matter came up on ali application by Cornelius J.
Vanderbilt to have some other person appointed ~
in the place of William H. Vanderbilt under the
following trust deed:
Know all by these presents that l, William II
lowe and S acon and Of enc dollar to me paid
BY my brother, Cornelius J. Vandel6h', q sHd
set over unto Edwin b. Worcester OF SAID CITY,
Of the New-York Central and Hudson River
Railroad Company 1000 shares o. Of go ea "n5
Harlem ST' Railroad Railroad Company; 100000 of tho
compa my due in 1908 SOS 900 conscl
dated mortgage per cent bonds OF the Lake ohor
1908. IN collect and receive the interoet
aud dividends on SAID bonds and stocks % ..ey
VandeibiIt during nis natural lie, power to
said his by and with the consent OF
said Cornelius j. Vanderbilt aud myself to change said
investments, and for that purpose to sell ana
thereof from time time and invest me proceeds III
other standard securities, to be approved OF ny SAID
Cornelias j. Vanderbilt and myself and such substi-
tuted security or securities snail Ur subject 10 The same
trusts and with the same powers herein created aud
AND d. also empcwef1he said Cornelius J. Wander
' o d1sds the trust fund Hereby created and
direct his death the same be paid over DIV sad
liG sl1sR
will. Provided, however that 1t Is one OF the
conditions of this deed that the trusts ana he Inn
tations bereinbeore contained may ~ any 1e here
after terminated 10 all or any parl OF sad trust
said Cornelius j. Vanderbilt, Edwin d. Worcester ana
myself. and the principal, as to winch the SAID
said Corneus j. Vanderbilt, and all respons blty OF the
trustee in respect thereof shall therempon cease.
bit have hereunto set my hand and seal At the CITY OF
Now-YOrk the 18th day OF May A. D. i ls7s ,,nu,
signed, sealed ana delivered in presence 81
The document is acknowledged before J. p. Chambers
Notary Public. Under the acknowledgment is wntten
hereby accept the foregoing trust
Ed WORCESTER
Ne,c- York Ciy. May IL, A. d. 1879.
CORNELIUS J. vANDERBnT's LETTER
On December 2, 1879 Cornelius j. Vanderbilt sent
the following letter. or, as he calls It, petition" which
plainly bears the mark OF the hand OF Scott Lord his
leading counsel In the will contest:
To william H. Vanderbilt aud Edwin D. Worcester,
at any time and limitations stated In certain
deed sIeoqsea BY s4d william sT Il va9d1os 70 sad
The u9tersgned respectfully repTssspts ss%s me
Cornehus Vanderbilt deceased, and the interest or
Income arising fS9% o 6ae sum o. SToOV1o cl
IN. the aw Ssa VII, make ssicieOt income
for support OF the undersgned He iurt Der repre-
health aud comfort as is shown by the fact that
he has had property OF MS own to manage he as I'M
proved III health aud. By exertloD and prudence,
in his estate But having pad ont o.
@e nSnS old deS he hes not Under hs
sufficient TO carry ON proper safe and ieg Innate
animation Of his tusiutss transactions since
period above reieEreG 600 10 Will SHOW ina. Tue pay
win be safely and iegi!imatey used and to the benefit
amount be paid over hun pursuant TO the terms OF
such deed la making such request he deems proper
absolute estsmentsry disposition OF che property con-
fsei there can be no reverslOn oruch property
and the undersigned informed and believes no such
He also deems 1t proper 10 refer TO the fact thai all
such property invested in praonai securities subject
value The undersigned also deems proper to Say that
feels the shs 10 Ss ' h s@ca ne
not only the deed Itself the result OF
STSg has Occurred to disturb sash fa@%%y
and because based upon the burial OF past difficulties,
will be recolIeeted aud pOndered over tina. william H.
Vanderbilt aud the undersigned are the only sur
their father that william II. Vanderbilt controls
and wh aS c s he GSs
intend TO and does not .t complain. yet these
with all respect to others, it seems to hun,
reasonable reflections to be drawn therefrOm that a
ienial of his application VIII be most unreasonable s'r
Iunity as before suggested to enter iDtO bust
suS where no one can be injured thereby ana where
the surrounding circumstances seem TO demand that the
nndersigned DO what he reasonably can to assert hs
manhood and be can assure you that you viii have
cause to regret the favorable consideration OF his appi
This appca Is directed only to your sense OF right
and Justice the legal questions any exist OF course
All Of which Is respectfully submitted
CD. vASDEhBLr
WILLIAM II. YANDERBILTs REPLY.
In the petition which he presents to the Court, j..
Vanderbilt says days after sending the above
letter he received from william H. Vanderbilt who he
believes did not consult Mr.. Worcester TO the
matter the folio wing letter:
NEw-YORK, Dec. g. 1879.
CD. VANDERBILT, esq
DsAR SIR: Your communication requesting q por-
be released from the trust has been re-
s,dersiion. Ny CONCLUSION is that it would rot be
sound exercise of judgment grant request how
truly yours, W. II. VANDERBILT.
THE PETITION TO THE COURT.
The petition goes 10 that this letter ia the
only communication that william H. Vanderbilt had
with MS DrotDer ON Tue portion
OF the securities held by Edwin u. Worcester under
this trust deed now, as deponent believes" at
their highest market value, and liable fan OFF IN
,noh market value, land that the same can
now be sold and securely invested, thereby
considerably increasing the income OF your pet.
TONER, but that the relation OF said William IL
Vanderbilt TO such securities is such as IN his mind 70
exsggerate their Your petitioner further shows
and alleges that the said William H. Vanderbilt assumes
ana believes that the execution OF such deed