New-York tribune., 1891-02-19
THE COURTS.
MR. FAYERwEATHER.S SECRET TRUST.

l. MIR EhW Ia I1Is(N NT-thIIi ihS'@'
A GREAT CHARITABLE SCHEME SAID TO BE CON
| TEMPLATED BY TIE EXECUTORS.
| John Il. Parsons put an end to all speculation con-
ccrning the question Of whether the executors ana
residuary egatees named in the will Of Daniel b.
Fayerwcather had secret instructions concerning inc
disposition OF the large amount which would come in'o
their hands. by declaring in open court in effect tht
| there a secret trust of that nature Nearly inc
entire day occupied in arguing the question oi
upon whom the burden Of proof rested in dSposhE ol
the question of undue influence and it was during Inns
argument that Mr.. Parsons said that If the VIII ana
codicls admitted to probate charitable scheme
| larger than any ever in this country would DC
carried into effect. He also declared that II Mo
Faycrweaher was not satisfied with the bequest made
| TO her. there was provision in the will by when IL
could be increased to any amount she desired proVd
| ing the will and cOdicS admitted to probate.
Mr. Coudert requested Mr.. Parsons to point out tha
provision and the latter replied that it was the pro
vision bequcathing residue of the estate to the
| executors
| The first and only witness of tho day was Edward
Marshall Grout clerk In the Office OF Arnolx, kltch
& Woodford lie supcrntended the executing OF the
fourth codcil on the day Of Mr. Fayerweathers death
and his name also appears witness on that codicl
His story concerning the incidents attending the exc
cutnc Of the document differed materially from those
of the other witnesses. lie said that upon arriving at
Mr. Faverweathers bedside, on the day on which the
codicil was executed he read aloud the c0dic 10 Mr.
| Faycrweather.
lie also attempted To read the tenth clause OF the
Will TO which the codlcr referred, when Mr.. Payer
| wehthcr interrupted him, saying;
Yes, yes, l know
While he was reading Mr. Fayerweather raised him
self from his reclining position, unas,sted. and sat on
the sldo of the bed. While Mr.. Faycrweather was
writing his name he calculated "Pshaw!' ana ai'cr
finishing writing he said
THAT is not a very good signature
Mr. GrOut's testimony not altered on the cross
examination All the witnesses to the Will and cOd
cs having been examined, eXJudgc ArnouX iorraiy
offered the documents for probate. At tins p0h, ',l
COudcr moved that the FIRST and second c,hl'II'
| declared void and be not admitted TO prouatc. III
he said that when attorney or one having had So,
ndcntal relations with tcstator In the nature VI a"
attorney wrote himself heir the prcsuiip' Va
! law Was that there a fraud. When such cd,I
came before the conrt, he cOntcndcd, the buiucl "a
proof was upon such cgatcs to show that thc Dcuc'
was secured without undue influence. . ",
| I'm answer to this cNJudgc ArnOnX ana Mr' iu'.
| rule of law Of which Mr.. Coudcrt had spoken y,
there opposition Ia having the VIII proper "',"
the second and third cOdiclS admitted 10 ppbic' c
| Judge ArnOux requested that they bc admitted
TIE surrogate reserved his decision upon thc puc
| ton of admitting the will and the second ana tiHIu
c0dlCilS to probate. He denied the motion 10 t'%u ~
To admit the first and second codiclS but allowed inc
Contestants admit cvdcItc showing undue influence
lie decided that the burden Of tho proof of uldue i
1ucncc was upon the contest tants and not upon 'lo
| rcsiduary lcgaiccs. The case will be continued OH
| February %.