New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-26

Marietta College 50 1900
Park College $4,000
This document was brought to light during Mr..
F~arsonss cross examination of Henry r.
Vaughan.
Mr.. Vaughan" asked Mr.. Parsons, have you
any pecuniary interest in Mr.. Fayerweather's es-
tate ?"
only my fees as executor" was the answer.
Have you or have you not entered into an
agreement with your co-exccutors not to appro-
pirate one penny of the residuary estate to your
own personal benefit ?" next asked Mr.. Parsons.
Il have" answered Mr.. Vaughan.
This trust deed was then submittc to Mr..
Vaughan and he was asked if it was this document
10 which he referred. He answered that it was,
and said that it had been signed on Tuesday.
These proceedings took place in court just before
the time to close had arrived. 1t caused a sensa-
ton in court. and all the lawyers representing the
different colleges pressed forward to learn how
the institutions which they represented had been
treated in the deed of gift.
The days proceedings in court before this in.
cident also brought to light much interesting
end some startling information. Henry b. Vaughan,
of the firm of Hall IL Vaughan, at No. l3 Ferry
st.. and one of the residuary ~legatecs under the
will, was the first witness. The fourth codlcu,
which was executed on the day that Mr.. Faycr-
weather died, and which has caused so much
discussion in the case. made Mr.. Vaughan a reSld-
uary legatee. Mr.. Vaughan was questioned par
ticularly concerning the circumstances which led
up to the execution of the fourth codicll. lie
said that lie called upon MI. Fayerwcather nearly
every morning about 10 O'Clock while Mr.. fayer-
weather was i'll He discussed the provisions o:
the will with Mr.. Foyerweather, and the latter
gave him a letter to Mr.. Ritch. irs:ructing Mr..
Pitch IN doll vnr IA Mr. Nauph1n Mr. EaVCrWoatlcfS
will and codicils. After lie had visited Mr.. Ritcll
he wrote the following letter to Miss Amelia
joyce:
November 10, 1890.
viii you please explain to Mr.. ~Faycrweather that !
have obtained the papers from Mr.. Ritch. AZ first
All. Il. stated 5ilst ne wouG o 'dHe rne paPg u i've u ~ tihan,,
10 me and lie said he woald do IT, lie grew, however;
% S1 Ta deiiv es T 7ae P pefpond uI letter rT to-lno , There is,
however, bat little use in this as ] am convinced from
his manner that Mr.. Ritch knew exactly What lie was
HALL & VAUGHAN.
?. Sd will see him on saturday.
lie explained that he was so accustomed to
signing the firm name that he did so in this
case instead of his own name. lie also said that
or the morning of the day on which Mr.. Faycr-
weather died Miss Joyce received n letter from
Mr.. Ritch. Miss joyce and he Vaughan had told
Mr.. F%ayerweather that Mr.. Ritch had written q
letter, hut Mr.. Faycrwcather refused to read the
letter himself, and listened to it read. This letter
was us follows:
NOV. 10. 1880.
nv dear Miss joyce:
have had t~o long talks with Mr.. VAUGHAN to-
worrying over his business matters. Mr. Vaughan
says that Mr.. Fayerweather is too i'll to be seen; aud
SO would be glad To have yOn say to him, " you
think it wise, that / will execute any paper or say
that will enable him to feel that his wishes will be
carried out 10 the letter. 1t would be a misfortune
, rHngs tt 10 mG 9G io misp n1 nd now. The will
and cOdicils provide carefully, for the institutions III
friends friend to to whom he he was attached, and I know that al
the time the papers WeIe dram 1me Ted'G Hy Inn hT eS 'Se
object being TO prevent any contests. WIl'e lhus
freely TO you because you lave known OF Mr. fayero
weathcr's affairs, and ! believe that you "a well as he
believe that | have only tried TO do my duty. If at
any time you or Mrs. Fayerweatller would like 70 see
III" VA" WI" THOMAS G. RITCH.
MIR. Ritch afterward admitted that the date
of this letter was wrong and that 1T was actually
written on November Ii, the day before MT.
EaycTWcather died.
Mr. Coudert then asked Mr.; Vaughan if he had
had any business relations with Mr.. FaNerweather.
We'll, YES, he had; lie owed Mr.. tayerweather
$500. 900 at the time of the latter's death. Mr..
VAUGHAN thought that this was not q large amount.
lie explained later that the firm Of Fayerweather
a. Iadew had been special partners IN the lrnl
of Hall d Vaughan up to 1883, when Mr.; LaaeW
died. The special partnership was then dissolved
end Mr.. Fayerwcather Withdrew. In settling
up the accounts it was learned that the irm OF
Hall Il Vaughan owed Mr.. ,~Fayerweather the sum
OF S206, 900. Hall X Vaughan wanted TO pay TINS
amount to Mr.. ~Fayerweather, but the latter In.
sisted that the firm should keep the money, and
take enough more to make the amount S2=1'0oO.
Later, Mr.. Fayerweather again told Mr.. Vaughan
that his firm had not grown as fast as it should
have grown and he wanted TO lend them more
money to buy another tannerN. me Rrm con
and the firms notes were given for that amount
In 1889 Mr.. Vaughan gave his personal notes IN
exchange for the firms notes for the sum named;
These notes bear interest at 6 per cent. One of
them for 81 1000 is due next January, and the
others are due at the rate of 100000 a year:
Mr.. Fayerwcather wanted to make the interest
less than 4 per cent, and also wanted Mr.. Vaughan
TO take more money, but MIR. Vaughan refused
to take any more in view of Mr.. F;2yerweathers
physical condition. Mr.. Vaughan has also exc
cuted the following document in view of his large
Indebtedness to the Fayerweather estate:
Know all men by these presents:
That |, Henry b. Vaughan. one OF the, parties ONE
foregoing instrument. in consideration thereof, and OF
the intention and purpose Of the Instrument 90 De
wsathe g'' ! leave ay myself debtor to his estate in the sum
Of $500 600, loaned by Mr. FayerTeather to me-: Ihs "
the terms thereof. 10 Mr.. Faycrweather's estate. with
ont any deduction ID u or ro di' ie hS w III reason 0 JIG pro-
"' In witness whereof. 1 have hereuntO set my hand
and seal, the oath day of February, in the year one
thousand eight hundred and ninety,one' rcu,v
In he presence OF H. 'A0'"AN'
HALEY FIsKE.
Mr.. Vaughan denied absolutely the testimony OF
Or. Maus r. Yedder to the effect that he had tod
death that il would be cruel TO ask Mr.. tnyer-
weather to sign a paper in view OF his condluon.
The only other fact OF importance oi yesterday .
proceedings was that the original will without the
codicils was admitted to probate by the Surro-
gate. The counsel for both sides joined III the
petition for the probate of the will without the
codicils, as there was no contest over that docu-
ment.
Mr.. Vaughan also explained while giving his
testimony that his doubts concerning Mr.. Ritchs
honest purpose were dispelle1 on the dav that Mr..
F~ayerweather died. He also testified that the
codicil which was drawn up in the Office OF
Tyarts. Choate & Beaman and executed on Novem-
Der II was destroyed by Miss Amelia Joyce on the
day on which Mr.. F~ayerweatner died, by the direc-
ton Of Mr.. ~Fayerweather.
The case will be continued to-day.