New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-30
G. J. VANDERBILT'S Wilt.

lhs
ALLEGATIONS OF FRAUD AND UNDUE INFLUENCE
MRS. BERGER NOT COMPENSATED FOR HER Tx.
PFNDuUREs IN TIE CONTEST OVER HEB
| FATHERS WILL.
There is prospect that the great Vanderbilt will
contest is to be repeated in miniature. Mrs La Bau
Berger, the nominal contestant in that proceeding
has begun contest over the will OF her deceased
brother. Cornelius J. Vanderbilt, who was the real
| contestant Of tho Commodore's will Except
| to protect him and to secure what
she thRght was decent and prone,
! share for that brother, she would never "a she
has repeatedly SAID to her friends. have begun that
contest. She stood by his side when all the other
members OF his family had turned their backs upon
nm. To enable him to maintain consistent posi-
ton IN bis legal fights against William H. Wander.
Dit' II was necessary that Cornelius J. Vanderbilt
should not appear upon the records as the contest
ant OF his fathers will In tact, one Of his suits
In the Supreme Court was based on the promise
alleged to have been made by William II. Wander
bilt to give him 81, OOOO 900 if he would Withdraw
from the will contest. Under these circumstance,
Mrs. La Bau (she had not then been married to Mr.
Berger stepped the contestant in the place Of
her brother. Cornelius J. Her contention through
ont that legal struggle that this brother. who
practically had been disInheri'ed was competent 10
manage large fortune for himself and that he de-
served to have it. The result Of the settlement
OF this contest was TO put into the hands Of
Cornelius J. Vanderbilt 800 600 that he would not
have received under the will This sum he was at
liberty to dispose Of by will. as well as the original
trust fund Of 100000 given HIN by Commodore
Vanderbilt
The disposition made OF his property by tho last
will of Cornelius j. Vanderbilt was a surprise
! to the most of his friends. He had made
at least three previous wills. BY the first he
gave almost everything to Mrs Berger. Tho
next two were intended fully to in iemnifv
her for the 100000 which she spent in his canse
in the will contest, well 10 show his gratitude
to her. The first of these wills, If not each of tho
three, bequeathed about 10000 70 George n.
Terry the companion of COnelius J., In addition to
the amount that Mr. Vanderbilt owed HIM OF bOr-
rowed money. The last will-the one offered for
probate-is entirely different. 1t gives $1,000 to
to each of the decedent's sisters,
with which they are to purchase some articles
IN remembrance OF him; To %, samuel r. coz the
of the deCedent, who drew one of the last wills,
was given $4,000. To George ~ Ferry was given
substantially the rest OF the estate, OF
other bequests had been paid The viii bore date
October % 1851.
The citations for the probate OF the viii
were rtturnable at the SurTogatSs Office yes
terday. Mr. Terry and the executors under
the will were represented by George H.
Ashley as their proctor Edward l.. Parns
set down for November - The original Vanderbilt
will case so crowded the calendar OF TINS court that
il has never caught up, and tins was the Inst day
that could be secured. Mrs. Berger seis forth rs
the for the contest that he execution of the
viii was not the rec, uncOustrdlned on yolu tdty
act Of Cornelius j. Vanderbilt, and also that when
IL executed be was not of sound mind. She al
leges on information and belief That the sand al-
legged last will and test lment obtained, and the
execution thereof By the said COneilns }. Wander
bit procured, by fraud and undue influence prac-
tlced and exercised upon said Cornelius ). Wander
bit, deceased by George y Terry and other persons
To the SAID contestant unknown; lhdJ the SAID
decedent had been Tor more than lIIeel
years subject TO epilepsy, ana that
lust before and alter suffering from an epl-
lepuc fit, which be had as often as once IN slN days,
Inc mentally weak and easily Influenced,
aud that by statements impressions could
t tren re1eared ''''0 wond become pernancnt in
his belief that the SAID George y Terry tlached
himself To The SAID decedcnt IN the eNpeciauOA tnat
The uecedent would receive several millions Oh doh
lars from the estate OF his rather, Cornelius VAN
uerbiIt anu that for more than ten years he Lad
been he constant attendant or the SAM decedens
Tor the sole purpose OF inducing him 10 give or be-
uueath TO HIM the bulk Of hIS estate; mat during
all such time SAID George \. Terry had his support
aud spending money from SAID decedeDt, ana traY-
eiled with hun a. the expense OF decodent to many
ana distant places III the United States, III LufOpe,
Asia and Africa, ana was alone with INN the most
OF the Itlne
The SAID contestant further answering says
that The provisions OF said alleged VIII
are unnatural, unjust and unIeas naDIe, aud
|
never would have executed the same Out
Tor mental alteration or undue influence. Inc
es ate said deceueut agSreg gates about Ac sum OK
1000. 600, aDouU 100000 Ol which WAS htId Tor
INN IN trust by EdWIn -. Worcester unaer deed
which secured TO the deccdcut the tes,alncniaif
disposition thereof Under the VIII OF Cornelius
Vanderbilt deceased, his father, the deccdent VAS
emitted only To the Income OF the SUN
OF 100000 Tor his life. he decedent received
such sum OF 100000 alter the termination % Tie
nugatOns gioWIng out oI the VIII oil sail COIncAd5
NauucrDut deceased. and which AUgdJOGs wOuid
not have been Instituted but Tor his benefit and
which were expense 10 SAID contestant OF over
SlUOUUO, which INC uccedcut Well knew, ana also
knew that lie would not nave received any portion
oI such 1000, OOO-Dut Tor the efforts 81 no
sad contestant amt repeatedly told the coAcstant
tuat IN consideration thereof lie had made a pro-
vision to- IN MS VII, 80 mat she would uOi Dt
loser Oh account thereof; ana SAID contestant
alleges that out Tor such fraud and undue
iuiinruce the SAID doCedeEt would nave mdoo
J a testamentary provision ndemnliyInB her Tor tao
! glnolut 80 expended .Or his benefit. The dcccdent
was OWING aDout 4oOOJO III deDts winch h'u Vech
| discharged by proceedings IN bankruptcy, anu re-
n,,tr,ly ayON Ell purpose 10 prov lGe lOi sueh
! .,nls and SAID contestant alleges tnat ne NVu'u
! have made a Jestaun, MARY provision lheleloi Jay
| tr sucn fraud ana undue Influence no s@iu
Gporpc lie. ~, a general anu lhe tooiuudi5 cs-
| .,e, named III SAID VIII, WlI ak, puIa"%'I - -
| nroyl,lons made without amy reason therefor, 'Ho
| bulk 81 the estate Ol s1iu uo0ou0i'' " '
| taUllShed' . ..t, ,,.. ,,,.,-
| Mr.. Tarris the proctor, and Scott Lord TIE coIh,
| sci OF Mrs Berger, said yesterday tA11 lncte Eds
nonng TO be said concerning the case o'S O"u ""1'
| WAS stated III the legal papers.
/
"FRANK" JAMES ~ BE PARDONED