New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-03
MR. FAYERWEATHER'S WILL.
STILL SEARCHING FOR A SECRET TRUST.
WHY THE EXECUTORS DEED OF GIFT DIFFERS
FROM TIE TESTATOR'S DIVISION
OC IIIC MONEY
OF HIS MONEY


weather Yesterday morning the attention CT the court
was OCCUPIED by Joseph H. Choate who appeared IN
behalf Of Prescott Han Butler who was witness on
t,e last day ON which the was before the Sur
roea:e Mr. Butler had drawn up the codicil WlhcA
was executed by Mr.. Fayerweather on November H.
four DAYS before he died. and which was afieF"a'u
DESTROYED by Miss Amelia Joyce, by the instruction
Of Mr. Faycrwcathcr. Mr.. Butler was asked tn Tell
what the contents Of that codcl We're bat nc rcIusC"
10 do So upon tie ground that lie woud be revealing
confidential communications from ms cIlcn'' Inv
Surrogate ovcrrucd his objection and Oideleu MN u
answer Nj. Butler requested time TO cohsuiu peio'o
giviEs his final answer. and the Surrogate
him until yesterday. Mr. Butler Is memoer VI ''i0
firm OF EyartS Cnoae d Beaman, ana N.Y. CHoa'o
appeared to uphold the position which Mr. Butier mao
takcn lie requested the privilege OF being neal" upon
the point faised and the Surrogate siiu tia' ho "
hear what Mr. Choate had TO say on IhurSuaS' VIII"
the case Is taken up again. ,.
Thomas G.. Ritch was then recalled 10 INC VIM
stand Ex-Strogate Rollins started again 10 'iS anu
get the game to enter the secrettIust Trap TIC me-"
oborcaly chased Mr.. Ritch over all the grouiu '"'
FAR traverSed by the contestants. He pIleo 'o eNoS
dark corner. He analysed every WORD OF sSt
liable of doubtful meaning, 10 sec IL
not conceal a secret trust During all 'in1 NV
ing of the bush Mr.. Ritch was Us V"i"i
q enmmc? dav sometimes Mr.. Rollins woulu ca''h
at a shade of difference in two answers co". i
tbe same subject GLOW did Mr. Rtch recohche lhoso
two statements p one an Inaccurate eAP'VSsio'
that was ALL Nj. Rollins lost the scent anu H"u ~
bark back again. Much talk had been heaiu "''"'
urivate memoranda which was left by Mr. f"So'
weather in charge of Mr.. Ritch. All OF these mem
oranda, except Cle, have oeeh pini'eu o'i0''
one in question is as follows: -,
az have made Messrs. Bulkley and Kitten NY
residuary legatees in the confidence uaV uiviN'S
my intentions, expressed IN my WILL sh"4 "
carried into effect and without Htisauoh vi 'n
part of any person or persons interested Al ~ T,n
NV death trust they will take such steps ny wiz
or otherwise as will protect my estate against eoii
tipgency Of the death Of either before my eS'"'e
is settled and distributed u,,,,r,
"D. B. FAYERWEATlIER.
December H. 1884" -. .,
Mr. Rollins took this paper up with avluity'
was in an envelope which ndorsed "For MeSSrs.
I,nlklev and Ritoh to be opened of my death
Mr. Rollins inquired about the meaning Oh nearly
every word on that paper. Did it not reIer 10 IIo
resduary estate, and did not Mr.. Fayerweather ca
meet that his executors would distribute the sduafy
estate according to some plan agreed 10 ue'"eoi
himself and his executors7 Mr.. Riteh denied tIa'
there was any such agreement between MI. faSe'-
weather and his executors. This memorandum re
ferred to the ninth clause Of the Will, which
rave specifc requests TO colleges and Hospitals IL
especially referred TO that part OF the ihlh oids'
which gave the executors large dissection concerning
the disposition of tho money 10 the colleges 1has
was all. declared Mr.. Ritch.
Another memorandum. which was introduced sew
or,, DAYS ago. was marked in evidence 1t read as
follows:
"Private memorandump
.uavinC made inquiries with regad TO Hampton ana
Lincoln universities. II is my Judgment that u!' Dc
quests TO them Should be withheld. l think the Dc
ouest 10 Cornell University should not exceed SloOOoo
at the Northwestern University, OF Evanston III
nos is in prosperous condition, would recommend
flat 100000 be given 10 it, If the following persons
ace in my employ at the time Of my death suggest
that they receive the following sums NosefS anu
Blake 81 500 and 81 900 each; Could taInpOeH anu
Stone 500 each, and Carpenter goo also James WIN
now olcns and closes the store, 500; Joh DlSoh'
$500 also wish that 81 600 be given to MISS joyce
Immediately after my decease, in addition 10 the pro-
vision made for her by my Will .--.,
I'D. L. FAYERWEATHER.
"March o. 1882
Nr. Rltch had had some discussion with Mr. Payer
weather concerning the institutions mentioned III
this memorandum. and Mr.. Fayerweather had sald
that lie was doubtful about the wisdom OF
irving so much money 10 Hampton University.
lie also thought Cornell had enough money After
some discussion, however he had SAID una nc "ouIu
leave the whole matter to the executor They could
use their own judgment as to whether they s"ou"
give Inc Institutions any ali Of the money bequeathed
10 them by the will. III the deed Of gift which the
executors have made a number of institutions art
mentioned which are not mentioned In the Original
will or the cOdcils. Mr.. Rollins directed his In
qu.ries in that direction
Neither Princeton Harvard was mentioned II
the will but each gets good round sum in the deco
Of cl Mr. Rollins asked if Mr.. Fayerweather la:
even mentioned Harvard or Princeton. Mr. Ritch re
mcnlborcd that Nj. Fayerwcather had said that mum
lcr OF large colleges had alumni enough TO take care
them and he wanted 10 give his money 10 "eaRe
college,. Mr.. Ritch did not know that Dir. faycr
weather had ever expressed desire that princeton
Harvard should receive any of his estate Tie onsma
viii gave Miss Amelia Joyce an annuity OF S4,OO
during the time that she remained single. The dee
of elf, makes that annuity life one, whether Mis-
Joyce gets married or not. Mr.. Rollins wanted
know Why the executors had changed the provision
OF the will in that respect. Mr.. Ritch thought ina
ii was an oversight The part OF Mr.. Fayer"edthe
and that he really intended 70 gve MISS JVS &C ~
annuity. Miss Joyce had first called his attention L
the provision of the will and the executors had 'hage
the UeQGcs, in the deed Of gift TINS pIdcucall eAu9
Nj. MtcFs testimony . A.. oo,,u, nooc, o,or, H.,
since the contest was begun ana YESTERDAY SIG W" wa
called as a witness. She too i'll, however, sh
sad TO give her testimony Yesterday anu S"G was 81
cused until Thursday Henry H. vaughan theii 700
the witness stand and corrected in unmp0rtaht pai
tculars some Of the testimony which he had give
The Rev. William Lloyd was next called. lie wa
Mr.. FayerwcatIer's pastor for number OF year.
lie sar that for ten years before Mr. Faycrwenther'
death he had been accustomed 10 d!ne WIN nm 81
e&'L sot"iGN va dio M ,cnt 10 his nous
as usual at about o'clock IN the evening. lie say
MIS- laycrwCathcr ana sue toIu MN lIiIt tnc CIV
was near \ few minutes ai;eIward he was Introduce
20 Mr Vaughan. The latter then went upstairs, am
lie had not seen him since. He saw Judge BeaIdsIe
az the house II the same tmc ana wien they wen
into the dnin lac had expressed desire TO Sc
Mr.. Faycrwcather. Judge Eearcsley had SAID ma
II any one saw him he thought MS pastor certain
ought - him. Some one at the table, Mt. LOy
could not say wno had said That MI Vaughan Oblecte
10 having SEQ Mr.. Fayerweather. Mr. Lloy
bad asahl after dinner expressed desire 70 sec MI
Fayerweathei. lie particularly anxious TO Sc
him for the that MI. EaYerWeatlci had one
said to HIM. Dominic. when the end comes, woui
like - lave you with me-
He told judge Beadsiey what Mr.. FayeTweathcr ha
said and Mr.. DeaIdsI'y went out - sc Mr. Naugia
about IL. He returned and sad that Mr.. NauSGi
thought Il hest that Mr.. Lloyd shOald not Nj
Fayerweather. lie departed from the Faycrweathe
house at about O'Clock leaving word that II he wcr
wanted at any time during the nisht to call him an
H. ...la lI. moi L.l-.l L-MeNnr- an