New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-04
THE MORGAN WILL CONTEST
ARGUMENT IN THE COURT OF APPEALS.
APPELLANTS MAINTAINING THAT Mr.. MORGAN PRAos
TIcALLY DIED INTksrArE-ARGUMRSTs BE0Uv
FOR THE RESPONDENTS.
lDY TELEGRAPH TO THE rRrauNrl 4


ALBANY, Dec. 3.-Thc session OF the Court OF
Appeals to-day was chiefly occupied with the argu-
ment in the case OF Laura Lecourteulx dc Caumont
and others against Mary j. Morgan in which is
involved about S450O.000 Of the estate OF
Charles Morgan. Of Ncw-Yorlk Charles Morgan.
the tcstator, died May 8, 1873, age eighty three.
On January 1, 1873, four months before his
death, he made an inventory of his property.
The footing was s0,236,57s A. Mr. Morgan's
mind had been for some time occupied with q
plan for kecring his property together and for tho
continuance Of his business enterprises for the
remainder Of his life and after his death. lie
dreaded litigation and desired to be his own cxec-
tor, yet he greatly admired the dspoiition Com
modore Vanderbilt made OF his estate. Mr. Nor
gan's property consisted in part of 49.94O shares
of the Louisiana and Texas Railroad and Steam
ship Company. Shortly before his death in 1878
he gave to Mrs. Whitney Mrs Quintard. his
daughters Richard j. Morgan his grandson. and
Mrs. Morgan, his wife, 1900 shares each OF tho
stock and 1000 shares each to Mr. Quintard and
Mr. Whitney. his sons-in-law. Shortly after he
had made these transfers. that Is. on April 16s
he made the following will
/. Charles Morgan, Of the city OF New York,
make this my last will and testament. a. point
my wife. Mrs Mary J. Morgan. to be my cxecutrlx.
All my property real and personal is hereby given
devised and bcqueathed provided by the laws
Of the State Of York in cases of intestacy.
The question that has been raised is whether Mr.
Morgan purposed to add these gifts to the in
hcritances respectively Of those upon whom they
were bestowed or meant them TO be advanced out
Of the inheritances. or course. il they were ad-
vances then the shares of those who received
them in the balance Of the estate must be CORE
spondingly reduced and the shares OF those who
were not remembered by Mr. Morgan before his
death will be correspondnyly increased. The case
turns on the principle known as Advancement
and the immediate point involved Is whether or
not this applies under Mr. Morgans will Mn.
Morgan acted on the theory that the gifts before
death were not advances, but gifts for special
sons. and she divided the rest OF the estate
among all the heirs under the will not taking
those gifts into consideration. The children of
his son, Henry j. Morgan. and the rcat-grands
children Of Mr.. Morgan-Henry Wilson Harris,
Marie Louise Harris and Henry Harris Wilson,
contested the will before Charles NJ. Dacosta,
referee, on the grounds that $4,000 shares never
had been delivered that. If they had been deliv.
cred. it the result of undue influence Mr..
Morgan and finally. il they had been delivered,
and there had been undue influence. then tho
32, 600 shares should be charged up against thosc
who had received them part Of their inhcr-
tances. These objections were all overued. and
after six years Of preliminary litigation the ques-
ton has finally reached the court of last resort.
The case brought a DISTINGUISHED array OF law
yrrs TO the court, including John f. lasonss
Charles Dayton. Charles A. Dawson and S. b.
BrowneI for those who trying to break Mrs.
Morgans division of the property. and Algern n 8.
Sullivan. Francis Lynde Stetson and Joseph III.
Choate, who appeared for the will. John +. Par
sons opened the case for the children of Henry II.
Morgan He argued that by its terms Charles
Morgan had adopted into his will the statute OF
distribution in which the doctrine OF advance
ment is Incorporated, and thatAhe situation at his
death was the same If he had actually died
ntestate If he had died nestate the shares
already transferred would under the laws, have
been deducted from the portions Of those who re-
ceved them. lie argued that. Mr. Morgan
made these gifts at a time when he expected to
die, it was to be presumed that he meant them as
part of the final distribution OF his property.
The evidence elected at the trial. he argued all
proved this purpose. The will. he said. estab4
lshed that if the testator seriously enter
tanned the idea of following Commodore VanIer-
bits will, by giving his estate 10 member
of his family. or to as small a n mber as possible,
the litigation in the Vanderbilt drove him
from that design and he intended to make an equal
distribution of his estate to avoid litigation. His
design has been frustrated by the efforts of his
daughters TO make an unequal distribution. Mr..
Iarsons's second point was that the transfer oD
the stock had never been compete. it still
in Mr. Morgan's possession at the time OF his
death In support of this position he went into
an elaborate examination of dates and facts.
In closing, Mr. Parse regretted that the question
of undue influence, which his clients wished to
argue could not be discussed under carly rulings
in the case which barred 1t from consideration.
The argument for the Harris minors was by
Charles A. Dawson. who trave,scd substantially
the same grounds.
The argument for the respondents was by
Algernon Sullivan Joseph ii. Choate and Francis
Lynde StetsOn. Mr.. Choate did not conclude his
argument and will speak for an hour on Monday
The burden of the argument was that the legal
title to the shares in question had fully passed
to Mrs Morgan her two daughters and sons-in
law, before the will was made: that the law %
advancements was clearly inappcabe in the case,
and il it were it did not apply TO gifts made ~
these had been. not by settlement or portion. and
that the question Of undue influence could NOS
have been opened by the Surrogate.
CLERK CHICKERING'S ASSEMBLY srAT1sTICA
Albany. Dec 3-Clerk Chickerng of the Assembly has
just completed OF the politics. residence and
preyious service ofhe members OF the new Assembly
which will convene on January 5. The Assembly Re-
publican by twenty majority there being seventy-four
sapdtw Demo eeyentytwo