New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-13
PRICE THREE CENTS.
MRS. FAYERWEATHER'S ACT.
TO CONTEST HER HUSBANDS WILL.
OBJECTIONS TO ITS PROBATE FILED-wILL THE
COLLEGES SUFFER!


COLLEGES SUFFER-
The remarkable will of Daniel b Fayerweather,
the leather merchant, bcqueathlng more than
$4,000, 600 to various colleges throughout the
country and leaving the rcsidualy estate. after
subtraction Of various bcquests TO the executors,
which was presented for probate on last Monday.
will be contested by the heirs. ID. j. Holden. OF
the firm of Frederic r. COudcrt & Brother, act
ing counsel for Mrs. Lucy Fayerweathcr wife
of the dead merchant, made application late on
Thursday night for permission to file objections to
the probate of the will The reasons presented in
the petition were hat Mrs Fayerwcather had
been induced to sign the waiver promising not to
contest the Will through nisapprchenslon of
fact and without proper understanding of her
rights IS The time for objection 10 the pro-
bate had almost elapsed, the petition was sent
to the home of Surrogate Ransom, who, upon
close examination. signed the papers yesterday
morning The formal objections will be filed
before Monday evening
The principal ground Of the objections, which
have not been fully decided upon yet, will be.
it is said, undue influence When the will was
fled Monday last the four heirs at law, Mrs.
Fayerwcathcr, Lucy J. Bcardsley, Mary W.
Achter and Emma s. Faycrwcathcr, daughters of
llr Fayerwcathcr'S brother gave their consent 10
the probate of the will, and it seemed then as
if no objections would DO made TO the execution
of its terms The fact, however, Nat rapid
| inventory Of the estate showed that the rcsiduun
would amount to four or five million dollars in
all probability. and that il would TO the eNcctl
| tors. Thomas &. Rtch. of the firm Of ArnouN,
Ritch n Woodsord, Henry b Vaughan. a leather
dealer at No ! : Fcrry-s and .Jusus L. Bulklcy,
| another leather merchant al No. - Gold-st.,
| led a number of Mrs. Fdycrwcather's friends 10
advise her 10 contest the will. II Is
understood that She dcmurrcd at first. She soon
discovered, however, that So. 900 year. to which
| the Will entitled her. was not sufficient TO sup
port her in her house. No. / East Fifty-srvcnth-
ST.. which she had also inherited from her hus.
band Upon The advice of her friends she con-
! suited her lawyers, who informed her that the
WILL I'm their opinion, could be broken
II Is said that Mrs Faycrwcathcr has no de-
size TO withhold from the colleges the money
which her husband desired them to have II J.,
! Therefore probable that these institutions viii
| lose nothing by the contest. According 10 the
will the executors were empowered 10 withhold
| or reduce the amounts" bequeathed 10 tho col
/ l.,c, I'm case the conditions and circumstances
! of ary of the institutions named in this para
/ arlpA of mv will be 50 changed that. in the
| Judgment oe my executors, il Is not cNpedent to
! pay over all or any of tie said moneys to such
institution
In Tire tenth paragraph Of the original will
| which wa, made on October q. 1854. the
/ cyccrt9r, were directed to divide the Tcsduary
/ estate among tie institutions which benefited ny
! hi, VIII share and share alike" ON December
-. 1--i. tie following codcil. which changed
this provision. was added 10 the will
hereby revoke the tenth paragraph Of sad VIII.
ch,racsr and wheresOevcr situated the same may BE-
! - W''h sh',i az ; ,r,rbs 'r ~ NV will
have been nllv complied with and carried into effect:
z.vc devise and belueeth 10 Justns L. Bnlbley and
dl HGl'I my sad w VII to 'S them and heirs
ON November H. 1890. the codcil was repeated
with Slight variations. with the addition OF the
name Of Henry b. Vaughan as another executor.
! Til, fact has caused considerable comment among
,hc friends OF Mr. tayerwcather. d" The Shoe and
Leather Reporter spoke follows in regard 10
si.Ici and cIc,ated the lat day If the te.tator:
| ii;c and When he Nc.y near his eld. IL is ~
.:cI an cy.raprdnary c.ara'ter that II ha' elected
A great deal # comment la"cn !n IT, teral sense IL
v.Iul ,o,m "a mpy that Hr fdycrNeath'r wa> m TO-
f..ll, ply~oal condition Ia mdhc rr alter VIII az
| tlr time huf there may %" explanations of IL Wmch
viii o'aucr te c'mpl '\on - "a" 't-e; lhe theory
T. advanced bv some of h~ best friends that he du ety
ie't1w.l Nhc n,ia- 20 ruol 4 hi, estate upon hiS
r..,iuary f.nd = di>pr,o of They rf-c 20 believe
ANYTHING which w reject up'n the 20 nds1snht ~ 'nt
/ u.., NJ. Z, -av word 'n tic >dtle's
Il is the general belief 'i friends of NJ taNer-
we. ;!.cr that bis estate is worth between S6,0""-
Geo aud siO.00o.ooo. They also say that the
GREATER pa,, OF his wealth was made since he
appended the codcil To his will IN l''i Mr.
Holden IN ,poahin. of the case 10 Tribune Ir-
noricr Yesterday s3id that Ec had not had time
:, formulate all of The objections 10 the probate
., ,ct lie added that the prospects were good
far hrcakin. the Will lie di not care t" say a,
vet what eject lie contest woald have upon the
terms of the VIII. or whether other he.IN WOULD
.,.a IN the suit with Mrs. FaycrWra'lrr
Thomas q. R.irh. the second executor wh" Is
,,m,d IN fine viii. was a friend OF Mr. FaNer-
weather for many ycaI>. and mas long acted rs
tie attorney oI the firm Of faycrMcatlcr Ladcw
! Neither ne. Mr. Vaughan. nor MIS- ,NciMrdtp'f
! r,ilI h, ,,,n Yesterday. Ju,tuS l.. Unlikely,
! tli, third "\ccu.or. Mlr round NJ his place oi
hp>iuc,, howr.rr III, lWould not say what
..tl,u vould hc I'll ken bV tie cNccutor, IN refer
rrc. 80 the contest. although ne sad mat ne
/ had heard that ,hc contest would hc hid''