New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-03
THE FAYERWEATHER WILL
BEGINNING A LONG LEGAL CONTEST.
INTERESTING TESTIMONY OF ANOTHER WILL
HOW THE MILLIONAIRE CHOSE
THE COLLEGES.

| Yesterday. The nrst ddy plOceculIeS oHiS i''o''
two hours but two important facts were brought u
light within that time one the identity OF the
| person who really Influenced Mr.. Fayerweather III
| making the requests 10 colleges, and the other was
the story Of the circumstances under which MI raw '
weather bequeathed to the executors named in ms
will the residue Of his estate which is said TO eAceed
| So 100000.
| Another fact was brought to light which may nave
an important bearing the before II is finished
| This was the information which secured from
| General stewart L. WoodfOrd while he was on the
| wtnessstand. that on the afternoon Of the day OF
Mr.. Faycrweather's death another Will was drawn ny
| in the Office OF Evarts. Choate q Beaman. Mr.
| Woodford did not know this Of his own personal
| knowledge, but he had heard that such was the iact
lie admitted after much beating about the BUSH tha'
he had been told about this will BY his associates ID
the office Of Arnoux Ritch & Woodford.
When the case was called at O'Clock the Surrogaes
courtroom was crowded, most Of those present benz
the lawyers directly interested In the case. EH'
| Judge W. II. ArnOux John f. Parsons ana Henry
| StOddard appeared for the executors, Dustus L.
| Buckley, Thomas G.. Rtch and Henry r. vaughan
Frederic r. Coudcrt represented the interests OF the
| widow. Lucy Fayerwcather the principal contestant
| D. y. Holden and cI surrogate Daniel &. Rollins
appcared for the three neccs Of Mr. Faycrweathcr ana
bcncfcaries under the will. Lucy J. Bcardsley, Il
Bridgeport Conn, and Mary W. Achicr and Emma >.
| Dury, Of Muscatine, Iowa. The colleges ana nos
ptals were represented follows: Amherst Jerom u
| Il Mason; BowdOn, Butler Stlmnn & Hubbard
| Hampton Institute, Austin Abbott; Williams college.
| Bangs stetson Tracy & McVeagh: Hamilton College.
| Root a Clark; Dartmouth Horace Russell Mary
| vile and Wabash Parsons. shepard & Ogden Mount
| sinai Hospital lIoadly Lautcrbach a JohnSon' -
| Lukc's Hospital. Miller Pcckham Il Dixon: Yale.
Henry Stoddard Virginia University, Robert G. Ia'
| Tor: Wesleyan George g. Reynolds; University o.
Rochester. Martin W. Cooke, and Adcbcrt College
| scott & Epson
| When the Surrogate called the case at > O'Clock eX
| Judge Arnoux formally presented the will and foui
| codclls for probate. Each witness u the Will Wa
| then called in turn. The sworn statement Of eacl
witness as to the fact Of his having Son Mr. Faier
weather sign the will was admitted evidence and
| then the witnesses turned over To Tie con
| tcstants' counsel for croSs-cXamlAat.on.
Haley Fislc the first witness TO the original WILL
| was called to the stand. Upon cross examination bY
| Mr. Coudert he said that IN 17-i he VA, connected
with the firm Of Amoux. Eitch d W0odfosd. The
amount Of information which Mr. Coudert secured aboni
the Faycrweathcr will from this witness would not I'LL
| large book. lie had never seen the document uut'
ha was called upon witnc>, Mr. fayerweathcr's sc
| nature on October u, 1--i. lie had heard That NJ;
Woodf0rl had drafted the last or fourth codicl OF the
| will The will itself va, In the Handwriting Of VT
| Waters, a clerk In the Office. The witness did not
| know whether not Mr.. Waters was alive a. he hii
left the Office one day while he exceedingly ILL.,
| "'''''''''' ''N'''"N
the WILL
Bradford ". Hitchcock, whose name appears as The
second witness on the original will. threw considerable.
neht upon the history Of the document Ilis father
The Rev Dr. Hitchcock, dead. had been the trusted
friend and adviser Of Mr.. FlyrrwcItAcr. ~ far ba h
| A, l-72 or liza Mr.. TaycrWcathcr had been At rs
father, home discussing the will which he Wa, aboni
u make The w.tucs, did no, know specifically what
Mr. Faycrweaihcr', intentions werc bat he had learned
n general way tat he intended To leave lse' ,ha.'
= b, money Ia college. NJ. Iaycr"c Gather consulted
with tho Rev. DR.. Hitchcock about tn institutions
| which lie ought to remember in hi, Will
The wltuc-, became connected with the. firm oi
Aruoux Kltch * WoJGf0rl In 1-12 AID remained with
| he flm until October. l-75. He knew thit III
The fall ~ 1884 Mr.. Fayerweather came u inc H'ln
oif,c for the purpose 81 having viii drawn up Mr'
r,,crv,ath.r also consulted the Rev. Dr. liii'h'''N
i.an about the colleges To which ID" should leave ''
| money. Tn, uIue-, also took part in several oil
| these excursions. but not directly with Nr. Fayeg
| Weather II, understood that Mr.. Fa'er"eH''''
wanted to name . largo number q weak college i
| ibo West. Ds. Hitchcock advised W. ld''F"'''''e'
| to name a number 81 college iu Ne" England IN
! lid. f,u Of IT. before tin Will va, cNccHicd MT.
ditch d. Hitchcock and On" witae~- went To luncheon
,o,.ther AZ Dcimoulco',. They met e. talk over VT
r,yervc, hers prop,-cl VII. M aton had S' 81 u"
.olegc, on q sh,.. ~ lega cap pap. pF' "H''''
r,,c.,t, that u number % name, hc added ana asa
recommended TIA; number Of names Dee >'''h'H ''''
| ..r~iiu tD :
his father, suggestion, had been acted upon In nearly
every instance. \ few namc,. however mad h"'
,d.d IN n. LIST which nj, father had no: mri"Nri
-, octolcr g. lsS4 he told that he must NOT
.o ont IN luncheon ~ Mr.. Fay"rwcathes "ouN be H
H., .ign Nj, VIII. Mr.. fiycrycathcr came IN ana
neaLrr 70 thr witness. wanted 10 know II they "''
| - ,dv FOR him. The witnc-, escorted him I'M" Mt
pitch,s room. where the will signed shortly after
| ward. go $1,000
| charlie, L. Poster the third witness 70 the WILL wa
next called lie became conucci. ii with tAc hrh
n Armour. Ritch & Woodfori in '73. and he Is VIII
the firm vet lie knew nothing about the WILL eN''P
that he had signed IL witness lie was cane" wv
| Mr. R.tch's room october g. ISL. mere "V''
,rcs,,t In the room Mr. Fayerwcdther. Mr. Kch
H. reno ard Mr. Hitchcock. Aftcr the will wa
mod Mr. Rich sat down and wrote something on
.o.t NJ Icttrr.papcr. He Rad aloud what he h'
written. and after Mr. FaycrW",ther had signed II lh
n,ner wa, folded up with the Will. paper Wa thci
,,,,duccd which the witness Identified a. the one L
,h,ch ne had referred. The writing on 1t read a
follow: a.o
,o heeu advised by my counsel OF tn provisions a'
restriction, Of tle OF this state relative 70
corloratons trust ny heir, VII pe'm' u' P'o'''''
Of th, my Will De carried into eject.
-. g. FAYERWEATHFR
This note. as appeared from the testimony 81 Gen
e,,I stewart L. Woodford The germ oil the Nl'o'
trouble It was after this note was W'ljch "''' WI
Faycrwcathcr it would seem, - a'Nf the pro|I''"'
n the law decided t. give hi, money mio ti' H'''
If nj, executors. General Woodofd IN his testimony
brought that fact oui plainly. Mr.. N"oli'H 'o"'
moi give the detail, OF the way ia which the VIII W.T.
executed with any great dccrt" OF particuIaTlN' ~
and Nj. Ritcl had both had a hand IA diaiu"S ''
,,u IT. WAS changed u number ci times b'th b' MN
,cf and Mr.. Rtch and after each change "1' Hiu
II yros given 10 NJ. Faycrwcathcr for his approval
After il was finally In such shape that 1t nVi VIII
Mr.. Tayerwcathci's approval II VA, given INTO III
hand, Of Mr.. Waters, who cnSro,>cd II. Alter IL wa
rouulct,d General Woodtonl had spoken = Mr. FiN
crwcatlcr about the tenth ciat'e Of the WILL !"
clause read follows:
an TN, r,.t residue and remainder ny estate
and ncr.oual Of which ] shall die 'sScd. give, de-
l and bcquea,h my executors, to hav and To h'
-, -ame I'm trust nevertheless to sell AID convert mt