New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-05
THE COURTS.
THE FAYERWEATHER WILL CONTEST.
AN IMPORTANT POINT RAISED WHICH MAY IN
VALIDATE THE SPECIFIC REQUESTS.

VALIDATE THE SPECIFIC REQUESTS
An exceedingly important point, upon which rests
the validity or invadity Of the will OF Diniel H.
Fayerweathcr the wealthy leather merchant who be-
aueathed - 100000 to colleges throughout the coun-
try was developed yesterday. The question Is 50
deem rooted that it involves the validity OF the specific
bequests to the colleges, should the VIII ana
four codcis be allowed TO stand just as they are nov"
The question not raised directly yesterday, DuI u
was directly referred TO in the cross-cXamlnauoh Vi
General stewart L. WoOdfOrd by eXsuTogate Dai'ici
G. Rollins. 1t was presented in this form: Inc hlhuh
paragraph OF the original will contained the beque'V
to the colleges and at the end Of this paragraph was
this provision: In the condition and crc"h
stances OF any of the institutions named In THIS para
graph OF my will shall be so changed that In the ludE
mcnt Of my executors ii is not eXpedcnt to pay over
all any of said moneys to such institutions,
authorize and empower my executors in the exercise
of their discretion TO withhold reduce the amounts
herein directed to be given"
In consequence Of this provision the executors could
withhold from any Institution, or from all Oh
Them the specific requests made in the will or any
part OF them. No college named in the will could De
left out entirely however because of the tenth para
graph, which reads All the rest, residue and re-
mainder Of my estate, real and personal, OF which
shall die possessed / give, devise and bequeath unto
my executors to have and to hold the same In trust
nevertheless, to sell and convert into cash and to
IONS mentioned in the ninth paragraph OF my WILL
share and share alike
By the provisions of this paragraph should the
executors decide to withhold any OF the specific be-
quests to the colleges the Of that bequest would
20 into the resduay and the college which was
deprived Of the specific bequest would get It's equal
share Of the residue. The first codicl changed all
that. however by reaching the tenth paragraph Of the
WILL 80 that the executors could retain the amount
Of the specific requests to any Or all Of the colleges
and the colleges would have any absolute right to 1t
which they could enforce in suit at law. Whether or
not that fact will invaldate the will the courts, Of
course, will have to decide.
Mr.. Rollins worked for an hour or more trying to
get General WoOdfOrd TO express opinion upon this
construction Of the will. lie wanted 10 know General
Woodford did not know that the first cOdicl did not
take away any absolute right which the colleges had
tO any Of Mr.. Fayerweathcr's money, and, so,
whether not he had explained that fact TO Mr..
Fayerweather when he signed the first codicil Gen
eral Woodord, however, never allowed himself to
give an unqualified yes or no. in answer to
question. The strongest expression he would make
Of that lie had an impression that such ana such
the General WoodfOrd could not throw
much light upon the first codcil except TO give few
details about Its execution. This was the cOdic which
made the executors the rcslduary legatees General
Woodlod sad that lie had never seen Or heard OF that
cOdlcil until Tie morning OF the day Oh which 1t was
executed -, 1c54. All such papers passed
through hi, hands Tor final approval. and That c0dcl
was on his desk the morning In quest on. lie
looked it over and when Mr.. Fayerweather came in
General WOodf)rd said to him: This IS pretty i'm
pOrtant matter"
Mr. Fayerweather admitted that IL was, ana SAID
that lie had known Mr.. Buklcy for many years, and
he considered him TO be IL wise aud honorable man.
lie thought that Mr.. Ritch would be good associate
for Mr. Buklcy in this matter Mr.. COudert took up
this point little later Oh. and wanted 10 know whether
General Woodord considered the bequest Of the esdu
dgy to Nests. DullcJ ana Hitch A. personal
b-du,-t-. OF 40 bc,iuese trust. General WoodiOrd
understood The bcquc-t to be an absolute personal one
MI CUudert then wanted to know Mr. faScrwcatii"i~
corning Mcssr, Bulkey and Hitch II he had intended
To leave the money to them To dispose of other
wise. TINS question was ruled out however Ten
er NO0diOrd sad that lie did not explain the codcl
10 Mr. FdycrNcAtAcr Tor Two rCd>Ons one was tnal
Mr.. IdycfwcatAcr told the witness that NE had READ
The codicil over and reading il again, and the
witne-, was not IN tho habit Of explaining simple
Another reason that Mr.. tayerWeather might con
slider ssch explanation an mpcrunence. lie knew
Mr. Fay erWeater intended To leave large amount
of disc ctonary power In the hands OF the executors,
aud reasOn among the others, he had reiEahcd
from making any comments on the nrst cOdlcl.
Most # the other testimony OF General WOODROW
was beating Of old straw. 40 facts were brought
TO light The Will which mentioned on Monday
a, having been drawn In the Office oi Evarts Choate
a Beauan the day that Mr.. Faycrweather dled was
not referred to Yesterday General WOOlfDrd was on
the wtne.s-stand all day, and his examination Will
probably last several days yet From present appear
auces. the case Will last at least month.