Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-01-07

A Sensation Profnised In the Trial a u
Fnyerweafher WIN C>s~

A Sensation Proihised In the Trial a The
Fayerweafher win Case.
There was up in the surrogate's court in New
York yesterday, on preliminary motions. the
contested win case Of Daniel B. Fayerveather.
the leather merchant, who, after leaving over
q, ooo, 900 to different colleges, bequeathed the
residue Of his estate to his executors, Vaughn.
Buckley and ThoS G. Ritch, each Of whom
would get 81 600, 900. Counsel on behalf Of the
executors made motion to compel Mrs Payer
~ssther to state definitely when and where and
in what particulars undue influence had been
exerted.
MRS. fAYERwEArHxR's CHARGES.
Counsel for Mrs. Fayerweather contended
that . bare statement of fraud was sufficient.
The instrument on its face presumed fraud.
The attorney who drew it by few strokes of
his pen made himself heir to over sl 600 600
Mrs. Fayerweather was not present They
knew all about the fraud. The executors must
themselves prove that the will was properly ex-
ecuted because it presumed fraud. They must
establish their rights.
At the close Of the arguments the surrogate
said that the general allegations of undue in.
nuence made by Mrs. Fayerweather was suffi-
cient, but refused to put the executors on their
proofs to show lack Of fraud. He declared that
Mrs. Fayerweather must support her allegs-
REV. DR. LLoYD's STATEMENT.
It is said that the Rev. DR.. LLOYD. pastor of
the Central Congregational Church, signed an
affidavit on Monday which casts Q serious re-
Election upon those who attended Mr.. Fayer-
weather In his last hours. The pastor saws he
was summoned to Mr. Fayerweather's house on
the afternoon on which the millionaire died.
He went in and was told to wait Word came
from the sick room that it was not well to have
fx, IA A.
person In the sick room was a Mr. Vaughn. a
business acquaintance Of Mr.. Fayerweather,
who was indebted to the diving man in the sum
OF $500 600 DR.. Lloyd stayed at the house
from o'clock afternoon until 8, when word
came to him that Mr.. Fayerweather was dead
To say he was surprised does not express it.
This was on November Is. During this inter
val, 1t is said by DIR. Lloyd who was so informed
by the physician, the millionaire, who was par
tally unconscious, was induced to sign that
codlcil to his will which was drawn up by
Thomas D. Ritch, a lawyer, of the firm of Ar
nou1, Ritch d Woodford, and which left to Mr..
Fitch, Mr.. Vaughn and Mr.. Buckley an estate
which was worth about O., 0OO, 900.
There were no conditions in the codicil, be
| 1t understood, 80 DR.. Lloyd stated that these
men would distribute the amount among GER
tain colleges, as indicated in the original docu-
ment, and the rest was to go to themselves
Dr. Lloyd has sworn to this. He says the
signature Is very unlike that Of the millionaire,
although ne does not doubt his hand held the
pen: DR.. Lloyd has expressed willingness to
testify to all that he has said.
Judge Maury B. Yardsley Of Bridgeport, who
was in the house at the time Of Mr.. Fayer-
weather's death, and whose wife is a niece of
the widow, viii, 1t is said, also 60 on the stand
at the proper time and swear to some remark
able Statements. Frederick r. Coudert, coun-
sci for Mrs. Fayerweather, promises some
shocking and sensational revelations when the
case is heard. 1t is believed the affidavit il in
possession Of Mr. Coudert