New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-27
THE ~FAYERWEATHER SUIT.
PRESCOTT HALL BUTLER REFUSES TO
ANSWER.
NO STARTLING DEVELOPMENTS WHY Mr..
VAUGHAN WAS MADE A LEGATEE.

The s.a,tling developments in the Fsyerweather
will contest on Wednesday were not followed by any
particularly interesting testimony yesterday Ihohids
r Rich was on the witness stand nearly the entire
day. undergoing examination by eX-ourrosate
Rollins. Mr.. Rollins tried his best 70 get Mr.. k'ch
10 acknowledge that there was a trust established by
MIR. Fayerweather when he made his executors the
residusry legatees. Mr.. Rollins approached this sub
1ect from every point Of the compass. lie started Out
on one track, got the game into what seemed to be
q tight place, when suddenly it darted into a hoie
and then Mr.. Rollins had TO start out on a new track
what did Mr. Fayerweather understand that ne
,yas doing when he made the first cOdicl which mace
you and Mr.. Buckley r~esiduary l~egatees?" asked MI
Rollins.
He understood that he was giving his %residuary
estate to us" answered the witness
"For what %puIpOse?"
"To use as we thought proper
"Wen, what use did he think you would make OF it'"
al could not look into Mr.. Fayerweather's mmd'"
"Did you never have any conversation WIN MI
Tayerweather concerning the disposition which you
would make Of this 100000 which he had DC
queathed to you in his Wills"
mo, never; in fact when the codicil was maze there
would have been very little residue to go TO Nh. Buckley
and myself after the specific requests were paid"
Mr.. Rftch explained that he hoped and thought that
Mr.. Fayerweathep had enough confidence IN hr bulhlcS
and himself TO know that they would use none OF the
money for their own benefit.
VI IOAllS St4LNa th'
know il Mr.. F~ayerweather, expecting that Messrs'
Buckley and Ritch would spend all te
money, bad not at any time expressed TO Mr.. Rltch MS
desires as to how the money should be spent. Mt
Rich said that he had not.
Nr. Rollins then began to inquire about the circum-
stances connected with the executing OF the last
codicil. which made Henry B. Vaughan a ~residuary
legatee. togethe with the other executors, Messrs'
BuIkley and R.tch. Mr.. Fayerweather died on satur-
day. on the Thursday before, Mr.. Vaughan had ap'
peared at his office with a letter from Mr.. F~ayerweather
directing Mr.. Ritch to deliver to Mr.. Vaughan MI
Fayerweathe's original will and codicils. MIR. kitch
demurred at first to turning over these important docu-
ments 10 Mr.. Vaughan. Mr.. Vaughan became some
what excited, and insisted upon having the documents
and finally Mr.. Ritch gave them 10 him. On FRIDAY
Mr.. Vaughan called again, and this time he delivered
the following letter to Mr.. Ritch:
IL East iftyseventh.st., Nov. 10.
Dear Sir: 1 have examined my original will and the
first. second and third codlcns thereto, handed by you to
Mr.. Vaughan at my request.
BY the tenth article Of my will 1 left my residuary es'
tate to my executors in trust to be equally divided among
certain corporations and institutions. BY the first codicil
it seems that 1 revoked This tenth article OF my Will ana
then made the following disposition Of my residuary estate:
Iii. All the rest and residue Of my estate, Of whatso-
ever character and wheresoever situated, the same may be
Of which ! shall die possessed and remaining after the
provisions of the first nine paragraphs OF my VIII nave De'h
fully complied with and carried into effect, 1 give, devise
and bequeath to Justus L. Buckley and Thomas G. Rdtch,
named in the eleventh paragraph OF my WILL TO them anu
their heirs forever"
Please advise me at once in writing what is the legal
eject OF this clause. and to whom and how would my
residusIy estate 90 in case OF my death. supposlhs iIhs
first codlcil TO remain in force. Yours truly
D FA-YERwEATHER.
The body of this letter was in the handwriting OF
Mr.. Vaughan, and it was signed by Mr.. Fayerweather'
Mr.. Vaughan requested Mr.. RitCh to answer that letter.
Mr.. Ritch compiled by writing the following letter and
handing it To Mr.. Vaughan:
No. Is waI.st., Nov. IA, 1890.
D. b. Fayerweather, esq.
Dear Sir: The intention of the change in question was
tn enable Messrs. Bulkley and myself to carry out the
intention OF the Will as modified by the various private
memoranda in my possession. Neither Mr.. Buikey nor
myself would have any moral right 70 neat any portion
OF your estate otherwise than as we knew would conform
to your wishes. 1 suggest that l call on you with these.
and II still approved by you that they be left in a sealed
package with Miss joyce or any one named BY you Inc
legal effect Of the clause in question is to vest the uue
to the residuaIy estate in Messrs. Buckley and myself
but. as / have aid. neither Mr.. Buckley nor l would wish
to derive any personal benoat under this cocicil. Yours
very truly, THOMAS u hdlOH'
Mr.. Rollins wanted to know if Mr.. Ritch was sure
that Mr.. Fayerweather had intended that Mr.. Vaughan
was to be an executor. but not a legatee, when the
second oodicll was drawn. Mr.. Ritcll was sure Of IL.
s Mtl . Fsae1 he SSnl4 i re that no e6 6Petii' M iPs'T FayeP@ea then
had said that Vaughan was a good hghter,' ana also
5T I S6o if Me i had s ssid pq that II he Knew Vaughan han
was loyal to him, and that he was a competent DHsl-
ness man. Another consideration was, My. Fayer-
weather had said that his life was due 10 the care
which Vaughan had taken of him on . voyage home
from Europe. This finished Nj. Ritchh testimony.
Prescott Hall Butler was called 10 testify concerning
the cOdicil which was drawn up In the Office OF
Evarts. Choate Il Beaman and executed on November
il. four dayS before Mr.. Fayerweather died. When
they began to question Mr.. Butler concerning the con
ground that he would be disclosing a communication
Which reached him white acting in a professional
oapacitv. The surrogate ordered him TO answer the
question, but MI. Butler still persisted in his refusal
and ASKED for time 10 consult about the matter. lie
was excused from answering until the case IS called
ncain on Monday. when he will either have to answer
or take the consequences.