New-York tribune., 1891-02-06
MORE LIGHT ON THE WILL.
WAS Mr. FAYERwEATHER OF SOUND MIND
GENERAL wOoDFoRD DEMANDS PROFESSIONAL
COURTESY EVEN FOR WITNESS

COUNTES1 EVEN FOR A WIINi>S'
As additional light is thrown upon the circumstances
surrounding the execution OF the will of Daniel H.
Faycrweather. who bequcathed s2.IOoooo to colleges
throughout the country. the more interesting ana
peculiar those circum stances appear. Tie most III
tercstnC part Of the testimony given before the ~"
rocate Yesterday the absolute proof that another
codlcil had been not only drawn up but eXecmed Dy
Mr. Fayerweather. through Evarts. ChOate a Beanah'
on November II. four ja,s before Mr.. Fayerweather
died Mr.. Rollins also intimated that this codcil had
been destroyed by Henry b. Vaughan. while Mr.
Fayerweathcr was not present. Thl> latter fact wa'
not established absolutcl~, however. Mr. Rollins
asked General WoodfOrd II he did not know that MI
Vaughan had destroyed the codcil In question, and
General Woodfod answered that he did not know 1t.
Another piece OF interesting testimony was descrp
ton Of the IN Mr.. Faycrveathcr's room at the
time the much discussed fourth and last codcll to the
will was executed, few hours before Mr.. Faycrweah
ers death This testimony given by Miss Elizabeth
r. Joyce. Of Ncw-IIaven. Conn. niece Of Mrs.
Fayerweather. General WoOdford also threw some
light on the same codicil
The proc eedings were resumed upon the opening Of
ceurt at the point where they were left OF Wednes
day evening Mr. Rollins took up the thread OF his
crosse Examination of General Stewart l.. WoodfoTd
He wanted to know II General WoUdfOrd had ever had
any conversation with Mr. Fayerwcather about making
Mr. Vaughan an executor. The witness ACKNOWLEDGED
that he had bui he had never asked Mr. Foyer-
weather if he intended to make Mr. Vaughan a
residuary lcgaec together with Tire other executors.
Justus L. Bulllcy and Thomas q. litcn. lie would
not have considered the question mpertnent, he
said but it had never occurred to him.
II suppose it made quite difference TO Mr.. Ritch
whether or not Mr.. Vaughan became rc,duary
l.gatcc did II not p" asked Mr. Rollins
General Woodford climbed over. crawed under and
ran around that question for ~omc time, and then
answered that he supposed il would make difference
to Mr.. Eitch nasmuch onethird Of Mr. faYcr
weaher's estate not much nchali oi II "'7
And now" continued Mr. Rollins. my dear slr'
can you honestly that you and Mr. Ritch had 10
talk about this mattcrl7
once more General woodford sought that safe
haven. Il don't recall and the question was P'ac
tcally unanswered.
Al this point Mr.. Rollins freed his mind and tod
General Woodfod that he seemed 10 be trying 10 evade
the questions pat TO him.
81 would have you know. Judge Rollins said Gen
eral Woodford with considerable warmth. that there
are certain courtesie> among members OF the BAR "'
are even observed in the witne~-boX."
Mr. Rollins answered that Mr. Woodfod might not
have intended 10 evade answering the question whch
had been put to lin, but he had in fact certainly
done
1t was at this point that Gei7tral Woodfod SUD
denly remembered an exceedingly important id''.
lie told Nh Rollins that il Lad come upon him Ike
| Ga,b-Mr Favcrweathcr had -aid before the second
codlcl was signed that he intended 10 MAKE 'i'
Vaughan an executor. but not a leeatcc.
The interest Of those in the courtroom was arou'e1
stiU more al this point by the the proceedings
/ next took Mr. Rollins began u ask aboni that
much.dscusscd fourth colcll which was executed
few DAYS before Mr. Faycrweather', death and "Ih'h
/ made Mr. Vaughan a leCatce as well as an executor
/ General Woodfod Lad testified on Monday that De-
drew this codicil. The mental sparriug went on IN
/ this way for while;
/ We're you ever in direct communication with Mr.
49,. sf . hat Z ri 1
codicl p
If BY direct You mean personal, word Of mouth
| l not"
In writirg!'
"No.r
"who gave you instructions TO draw that codie.ll'
| "Mr. Vaughan
We're they written instructions from VI. Fayer
weather."
GLOW did YOU know that Mr.. Vaughan had authority
| 10 give such order,'7
@He told ne that he had instructions from Mr.
Fayerycather to have new cdicl drawn
did Mr. Vaughan have any papers ~ anl7
"Yes he had Mr.. Fayerweathcr'- VIII and codioil''
Then your olly ground fr believing That Nr.
Vaughan was acting for Mr. Fa>erWeather was Imply
! Mr. Vaughan, wort oi mouth l'
at was not
"Wha, ID. then -
any knowleGec Of Mr. vourhan's relations with Mr..
! Fayefwcathcr.'
What time the c0dicil drawn mp
About o'clock"
and Mr. Faycrweathcr died about Il O'Clock that
! night. did he not ,"
.. / believe so
Glow long before that was it since You had seen
Mr. Tay"rwetth'rt7
About % year"
"Did Mr. Vaughan tell you that Mr. Faycrveather
was the point Of DEATH
81 am not sue: ! thin! not. understood hat Mr.
Faycrvcalhor va, very -cl, man. bat do moi tiuk
that knew he wa the point Of death
General Woodfo,d said that he hid Nr. vaughan
in the office earlier ll the week. but he did know
what hi, crland IN answer e. MIR. Rollins qu's
ton. General WOodfpri said thnt Nr. Vaughan had de-
clarrd ha; Mr. Eitch had deceived Nr. TaTo"v'athcr
and that the latter lad -ad 50. IT, had never hc'ri
tla' Mr. Faycrvcathcr had oppressed surpri-e that
Mr.. Vaughan had moi been mad" lorit"c together with
Messrs Bulklcy and Kch. II Va, q complete -ur
prise to him to hear Mr.. Rollins intimate that Mr.
Vaughan had said that Mr.. Ritch was d--h
scoundrcl.
In drawing up thi, last codciI." aid Mr. Rollins.
WHY did You depart from the systematic course yen
pursued drawing mp the viii and other codicil why
did You hurry $ and draw it up Yourself the in-
stant!7
Mr.. Vaughan an wcrol the witness. seemed Ike
a prompt businc-, trying 10 do bu-in,s, promptly
inferred that MIR. Eaycrweathcr pretty sick and
that he wanted the paper drawn in hurry
Mr.. R0l!n, then called for the prDdIrtion Of any
letters from Mr. Faycrwcathcr Ia Mr. Ktch, written
within the week preceding Mr.. Faycrucathc@'- death.
TWO were produced one was dated November ,. IL
was In substance, and almost lu these words. ~
follows: VIII yOu when next coming tIis WAY. kindly
bring the balance Of the copy Of VIII with you''
The other letter dated Nogcinbcr -. and read
nearly follows VIII please deliver 10 Henry
B. Vaughan original VIII and oodIcls. which havo
bcon in your possession since they drawn, a l
Il IA amin. Mr. nd
them with the cope, which you furnished 10 me-
Mr. Woodorl said that he hed never hcard anything
about the Will said to have been drawn up IN the
Office Of Evalts ChOatc q Boaman except what Judge
hrnouX had told him the saturday before. lie had
never heard that Mr. Vaughan had destroyed that
Ia fact lie Eurv NOTHING afouf rNcrDt that