New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-10
!. GREAT LAW SUIT AVERTND.
xHERE THERE'S WILL THERE'S WAY.
vruurAT uER's MILLIONS TO GO WHERE
VIE DESIRED AND HIS HEIRS TO
BE SATISFIED ALSO.

uE DESIRED AND HIS HEIRS TO
BE SATISFIED ALSO.
IN. contest oyer the will of Daniel b. Fayerweather
49, ms,ionaire leather merchant. who bequeatheo
~ 1000 TO colleges throughout the country, was
yors,t 10 sudden close Yesterday by the announce
- ,bat the suit had been withdrawn.
ra,pr 10 the deed Of gift which the executors
= ,o,ned in signing almost the whole Of MI
rv.~vrather's estate. amounting to snin variously
.,,,.Nsd from 26.0000Oo 10 Ss,0oO.ooo. VIII Dc
'.soa among colleges and charitable institutions.
tn. conditions upon which the contest was With
80 were that Mrs. Faycrweather's annuity OF
@ 600 sN,,Id be Increased, and also that she should
&c. q hmm sum of money In addition, and that
A.. .,,ountS beQueathed to Emma ;. Drury and Mary
- I..ac daughters OF Mr.. Fayerwcather's brother,
.,Ia he increased What the increase is TO be- how
.r.r ta,e lawyers have all agreed not to disclose
uben the case was called before Surrogate Ransom
.nnior morning Haley Fiske. representing Arnonx.
Sssoh a Woodford the counsel for the executors ad
5000 the court and said he understood that the con
60, had been withdrawn. lie turned to eX surTogate
palms and asked If that was true Mr.. Rollins
aneyered that it was, and then Mr.. Flskc asked Mr.
Go who represented Frederic II. COuGert the
ao,rss for Mrs Fayerweather If it was true as far
~ n,s client was concerned Mr. Holden answered
AZ. ., vas Surrogate Ransom then had something
"a say on his own account
q. ,mmediatey admitted the will and four codicils
l.. o,,.e saving that in view OF the charges Of undue
srn,snoe which had been made against the executors,
:. as only fair that they should be exonerated from
~ h,ane The allegations had in no way been sus-
- There was no suspicion in the SuuOgate's
lind that any improper Influence had been excried
nyer Mr. Fayerweather. This was his conclusion after
careht,y weighing all the evidence thus far ohered
rba will and codicls seemed to him to be the result
~ a testamenary intention existing In Mr.. Fayer-
veathers mind for years.
A Tribune reporter asked ex.SurrOgate Rollins the
,eason for the withdrawal Of the objections and he
sned that there had been settlement but by agree
nent Of all the counsel the terms of the settlement
would not be made public.
CONTENTS OF THE DEED OF GIFT.
The deed of gift entered into by the executors now
becomes extremely important. for the reason that II is
certain that Mr. FayerweatheI's large estate VIII be
distributed according to the provisions of this instn'
nent The deed is given herewith in fl
Know all by these presents, That we. Justus L.
BulAlsy Thomas G. Ritoh and Henry j. Vaughan,
rssduasy devsees and egatees under the will meaning
thereby the original viii and the subsequent codeis OF
Daniel b. Foyerwesther late Of the City Of NewYork.
deceased prompted by determination that we Will
not retain for our part Of the residuary
estate LETT to by his win. and by the desire to make
such disposition OF his said residuary estate as in our
jud guent honor his do dispose Of so
much Of the shall remain after the payment OF
All Lawful fees, expenses and charges, as follows
FIRST 70 reserve the power TO make and retain the
right to enlargement OF the sl5eOo wear
BY the will left to Mrs Fsyerweather which she NAV
desire.
Second We reserve the power to MAKE and we retain
ha st 20 to assent TO any enlargement Of the provision
made by the will for Mrs Mary w. Achter and Mrs
Emma S. Drury in shall he satisfied that snch
enlargement would be net against the wishes OF MI
Faysrwes;her.
Third We give to Mrs Lucy j. Beardsev. wife Of
Morris d. Beardsley 100000. We do this because Of
Mr. Fsyerweathers letter of November IS, 1890 to Mr.
Vaughan ana NJ f. l. Myrck; II accepted this gift If
On discharge of any claim under that letter.
Fourth We give to Miss Anna Amelia Joyce 81 600
70 Miss Anna Amelia Joyce the annuity OF S4ooo pro-
vd.d by the will for period Of her life instead Ct for
the period mentioned in the will TO E. NJ uphain al
annuity OF 81 900 for period of his lhe to poVdo
for such annities may either retain an amount foF
investment the income Of which will in our Judgment
proy,de for the annuities. we shall be at liberty
by the use Of a in gross. TO purchase an annuity
from responsible life insurance company, to be selected
by us.
Fifth We give to George II. Blake. $1,000 T.. Gould
$500 James Campbell. $500; H. j. Stone, $500 John H.
Carpenter $3.50; John Dixon, $500; John c. Baylor
500 Kate Quinn 800 being the legacy 20 her Of that
amount left by will and which has elapsed Aoertna
r. Hertznan widow Of T. II. Hertzman. $1,000 being
the same amount left to him by the Will; Frank
H. 6ellman in addition the 5000 given by ths
Will: Clara Miller wife OF George l.. Miller, $4,000 In
addition the 2,Oo0 given by the viii; Patrick
Keefe 5000 in addition the $500 given by the Will
Thomas Donahue 500 in addition to the $500 given by the
the WILL the Northwestern University at Evanston, Ill.,
800. 900, Joseph Rogers, $500
Sixth The said annuities shall begin from Mr.. Fayer
vsatheys DEATH All the other amounts heretofore mer
toned shall draw interest from the expiration of one
wear from Mr. Fayerweather's death. In the event that
the said resduary shall be insufficient to pay the
above amounts in full. they shall abate Iataby.
Seventh. After payment in full, as aforesaid we
rive TO Mount Sinai Hospital $4,000 in addition to the
amount given by the will.
The Presbyterian Hospital in the city Of Naw'York
CPS coo in addition the amount given By the Will
The Woman's Hospital in the State OF New-forK
$500 900 in addition the amount given by the WILL
The Manhattan Eve and Ear Hospital s27'oVo IN
addition to the amount given by the will
The Nsw.York Eye and Ear In1rmary 5000
The Manhattan Dispensary, at Tenth.ave. a2d One.
hundred. and. thirtyfrst.st. NewYork City, $4,000
The Montehore Home for Chronic Invalids $4,000.
The Methodist Hospital OF Brooklyn $4,000
ST. Luke's Hospital. in the city Of New.forx SZoVeo
in addition 10 the amount given by the WILL
The New.York Cancer Hospital s25 00o
The Society OF st. Vincent DE Paul In the city Of
New-York $4,000; all without interest
In the event that the said residue Of the residuafy
estate shall be insufficient to pay the above amounts
.n full they shall abate ratably.
Each Of the ats mentioned in this article is TO be used
for the endowment beds other which In the
Judgment Of the institution IS best fitted both
to be of the greatest and the time beat 20
peIpetuate Mr.. Fsyerweathcr's rncInCry.
Eighth--After payment IN fun above. we give to:
union Colce at Schenectady, 100000.
Hayerfcrd College at Havorford College Postoihce,
Montgomery County, Penn. $4,000.
Tho University Of the City OF New.YCrk. $500 0O0
The University Of Pennsylvania. $4,000.
Brown University, at Providence. Il. l.. $4,000.
Harvard College, a Cambridge, Mass, 100000.
Wesleyan University at Niddlctown, Gen. $4,000 in
addition 20 tho amount given by the Will.
Princeton College 100000.
Rutgers College, az New-Brrnswiek N j. 100000.
Wells College. Aurora, $4,000.
Eimirs Female College, $4,000.
Vassar College, at PouchkeopSic, $4,000.
barnard School for Women, in the city OF New.YorH,
500 600
The Cooper Union for the Advancement OF Science and
Art permanent fund income 70 be used as far
necessary FOR the support Of the Womens Art School,
100000.
Shattuck School, at Farfbarlt. MIMI s25, 600
Lafayette College. Esstcn, Penn, $4,000 in addition