The evening world., 1891-05-27
GETS NO VANDERBILT Cash.
Depew Has Grandson Harry Aliens
Suit Thrown Out Of Court.
W. II. vanderbilt's Contract for In
creasing Legacies Not Proven.

Justice Patterson, 10 Supreme Court, to-day
dismissed the suit Of Harry Allen against the
yanderbts for $500. 600 and interest
Harry Allen 10 the son Of the late Mrs.
Ethelinda Allen, VINO was the eldest OF oio
Commodore yanierbilts ten children.
wncn the Commodore died, In January,
1871. he LETT o young widow and ten children
by a former wife.
His will made specific bequests to his widow
and iegacies ranging from ssOO, 600 to $500, oOC
10 each OF nine Of the children, agRreeatinp
T. 500, 900, and the remainder Of his si2s, Ooo,
900 no left to William II. Vanderbilt
Ethelinda got $500, 600 but contested the
N. Depew agreeing for william II. Wander
bilt to awe to each Of the others an additional
sum equRI to his or her bequest
Afterwards Ethelinda, wife OF D. B. Allen,
sill unsatisned. demanded and was given
enough TO make her fortune q round q, 600 600
which was what Cornelius J. Vanderbilt had
received, all told.
william Il. Vanderbilt died and left his mill
ions to his children. Mra Allen died. The
suit was brought by Harry Allen, her son, to
recover on an alleged contract by which WILL
lam II. Vanderbilt agreed to give to Mrs. Allen
sum equal to any sum over $500, 900 which he
might in future give to her brother, Cornelius
j., or any Of her sisters-Mrs. james Cross
(Jane); Mrs. William X. Thorne (Euna), Mrs.
N. b. La Bau tAlicia): Mra Horace B. Clarke
(Maria Louisal; Mrs. Catharine La Feet, Mrs.
George osgood tEliza), and Mira Daniel Tor
rance, oil Of whom save Maria, Euna and Mrs.
Torrance are now dead.
MIR. Allen claimed that william H. Wander
blt did give AN additional $3.50, 900 to Cornelius
j., but never made mp that sum to his mother,
and the suit was brought against Cornelius,
william K. Frederick w. and George W.
Vanderbilt, as executors OF the estate OF WILL
lam II. Vanderbilt Like himself, they are
grandchildren Of the Commodore.
Mr.. Allen, backed by ex-Judge Houston,
produced as witness ex.Judge and ex-Dock
Commissioner James Matthews, once counsel
for Mrs. Allen. He remembered the agreement
OF William II. to double the legacies OF his
brother and sisters, but had no remembrance
of any other agreement to pay Mrs. Allen any
money.
Harry Allen took the stand to testify that he
nrst heard Of the old contract only four years
ago, ana three years ago learned OF the pay
ment OF total Of $500, 600 besides his legacy to
cornelius !. vanderbilt
Allen 10 q handsome fellow. He has nne
head, and his premature gray hair, black mus
tacae and ine eyes give him distinguished
appearance.
Col. Ethan Allen. once counsel to Cornelius
J. Vanderbilt, testified that he drew q COM
plant in suit for 81, zoo. 900 against William
II. Vanderbilt, but the late Scott Lord settled
the suit Tor Cornelius j., and 1t was with
drawn.
Samuel Sinclair, once publisher of the
Tribune, testified that on going to Cornelius J.
Vanderbilt for money owed by him to Horace
Greeley, he was sent to William H, and the
latter said he was going to do better BY his
brother, shortly after which Cornelius J. paid
the Indebtedness and seemed TO have plenty
OF money.
Scott Lord. IT,, testified that he knew that
his late father had been counsel for Cornelius
j. Vanderbilt. but all the papers in the case
had been destroyed
That closed the case for the plaintiff, and DR..
Chauncey M. Depew, complaisant to an az
gravating degree coolly, moved the dlsmisssl of
The case.
said:
Clearly this is an action to recover on q
specific contracs TO pay money contingently.
Both MIR. Matthews and Col Allen remember
q part OF the agreement arrived at BY the par
ties, but neither remember the contingent con-
tract alleIed here, though one OF them does
remember that $eoo 600 worth OF bonds was
psid over to Mra Allen At the New York Hotel.
Ex-JudGe Houston said he should carry the
Case into the General Term on appeal.