New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-27
THE VANDERBILT MILLIONS.
ANOTHER STRUGGLE RESULTING FROM THE
COMMODORE'S WILL
HARRY ALLEN, A GRANDSON. WANTS TO RE-
COVER $500 900 ON AN ALLEGED AGREE
MENT BETWEEN HIS MOTHER AND

MENT BETWEEN HIS MOTHER AND
WILLIAM H. VANDERBILT.
Harry Allen. grandson Of Commodore vanderbilt
Is suing Maria Louisa Vanderbilt, as executnx, anu
Cort,eilus Vanderbilt, william X. Vanderbilt fre"eio
w Vanderbilt and George W. Vanderbilt, as executors
under the will of william II. Vanderbilt. ana h'oIo
than dozen other members of the Vanderbilt fanny
who were benefciaries under the VIII OF "ii"n IL
Vanderbilt TO recover about 100000 alleged 10 Do
due IN consequence Of an agreement maze pS "iinan
II. Vanderbilt with EtheiDda " Ahen 'he piain.n ,
mother, and daughter Of Commodore vanoeron'
The foundation of the suit dates BACK 10 inc WIZ VI
Cornelius Vanderbilt who died III January 100
leaving widow, who was his second VIE anu 'e~i
children the Issue of his first marriage Among these
chndrrn were william H. Vanderbilt, Ethelnda "
AIen Cornelius ]. Vanderbilt and Mary Alicia La Bau
! IN this suit Harry Allen alleges that Cornelius
Vanderbilt left property worth fully Sl2o'ooooVo'
His will was offered for probate In January io'" oy
William H. Vanderbilt one Of the executors Accom-
ing 10 the viii the sum Of "a, 100000 was to be dis
trbuted among the widow and nine children, the
residue of the estate going to william H. Vanderbilt
and his children. Ethelinda v Allen began contest
over the will in February, 1877 and the other chidrcn
iexpressed their dissatisfaction with the Will Harry
ALLEN, IN his complaint, declares that on Mach To-
iIs77 William II. Vanderbilt represented to Ethehnda
" Allen that all OF the other heirs had made agree
afmepts with him under which no objections would DC
made TO the will to the probate OF IT. In this
agreement also the sum of 100000 was TO be PAD 10
each one Of the children in excess OF the amount
named in the will.
The complaint also alleges that william H. Wander
bit told Mrs Allen that he would not pay any OF the
heirs more than 100000 in excess Of the amount
named IN the will. He agreed, however that II MIS-
ALLEN would withdraw her objections TO the probate
of the viii he would give her 100000 more than ne
gave to any of the other children that is. that he
svouh give her $500 900 more than she would re-
mill
agreed so Harry Allen says that II at any time ne
paid to tho other children than 100000 in ex
cess Of the sum bequeathed to each 10 the VIII ne
would pay to Mrs Allen the same amount ana $looooo
extra. Mrs Allen theeupon, relying upon MS agree
ment withdrew the contest and received the 100000
besides the amount mentioned in the VIII. MIS-
Allen signed release when this money was paid TO
her. giving ND any right she might have as a ben-
fcisry IN Commodore Vanderbit's estate other than
those mentioned.
William H. Vanderbilt died on December 8, 1855,
and Mrs Allen died on February %, 1882 Previous
10 her DEATH Mrs Allen had assigned oil Claims she
had against her fathers estate to several persons
among them being the son Harry the plaintiff In THIS
suit Harry Allen declares that his mother, up 10
the time Of her DEATH had no knowledge that her
brother William H. Vanderbilt, had not Kept his agree
ment with her. Harry Allen says that recently ne
has discovered that William H. Vanderbilt DID not Keep
his promise, aud that Notwithstanding the fact that
he paid 10 the other children large amounts IN excess
of tho 100000 each which he promised TO pay 10
tIem he never mentioned this fact to Mrs Alien nor
did he ever make good his promise and pay 100000
more 10 her than he did to any OF the other children
The complaint alleges that, in settlement maze DC
tween William H. Vanderbilt Cornelius J. Vanderbilt
and Mary Alicia La Dau, March "a, 1879, william
H. Vanderbilt became indebted to Mrs. Allen in large
sum of money In other words, Harry Allen declares
that William II. Vanderbilt gave TO Cornelius j. van
derbft and Mary Alicia La Bau sum much IN excess
OF $500 600 The exact amount of these payments
the plaintiff says he is unable to state, and ne wants
an accounting from the executors of William H. van
derbts estate to discover just how much was really
paid TO Cornelius ]. Vanderbilt and Mrs. La Bau.
In the answer TO the complaint the executors under
the will of Commodore Vanderbilt declare that none OF
the children except Mrs. Allen was dissatisfied with
the provisions Of the will. They declare that the
OOO0 which william H. Vanderbilt gave to his sis
ters and brothers in addition TO the sum bequeated to
them in the will OF his father given of bis own
free will They deny any knowledge or information
sufficient to form belief to the alleged agreement
on the part of william II. Vanderbilt TO pay to Mrs
Allen 100000 than he paid to any Of the other
children. They emphaticaly deny that any sum in
excess OF 100000 was paid to Cornelius J. Wander
blt Mary Alicia La Bau, and also that the terms
OF any alleged agreement between William ii. Wander
bt and Cornelius j. Vanderbilt ana Mrs. La Bau were
kept secret from Mrs. Allen. Upon information and
belief they declare that Mrs. Allen had full knowledge
and Cornelius j. Vanderbilt and Mrs. La Bau.
For second defence the executors declared that in
an action pending In the supreme Court, in supple
mentary proceedings, John Whalen appointed re-
ceiver of all the property and rights in action which
Harry Allen had They also declare that in another
suit, in the Superior Court, Whalen was again ap
pointed receiver of all Of Aliens property They also
plead the statute Of limitation in defence OF the suit.
The case came up for trial before Judge Patterson
In tho Supreme Court Special Term. yesterday. Smith
NJ, Weed called u witness. He had been Mrs
Aliens attorney in 1877, when the settlement OF the
will was made. Mr.. Weed could only remember that
and ex- Judge Matthews in 1877 concerning the com
promise made by Mrs. Allen with her brother. The
subjects discussed at these interviews were contained
In some memoranda handed 10 Mr.. Weed, which
nothing lie did not remember anything about the
ALLEGED agreement by which II IS declared that William
H. Vanderbilt promised to pay 10 Mrs. Allen 100000
more Than he paid 20 any other OF his brothers or
plaintiff. said that he could prove the agreement By
cxJudgc Matthews, who was Mr.. Weeds partner
Mr.. Matthews is III at his home at present, eXJudge
Houston said. and he might be able to appear in
court to-day. Judge Patterson thought that this
TESTIMONY Opght 10 be introduced and the case
adjourned until today. IL ex,Judge Matthews does
not appear the will again be adjourned until be is
able TO appear.
The painiiH was called as witness in his own
behalf but the questions which he asked
pOenaed as witness and he waited in court nearly
all dav without being called. HenrysH Anderson aD
peared for the executors.
MERCY MEANT TWELVE YEARS AND A HALF.
Indigo Martine in General sessions. yesterday sen
fenced John NJ d. Fanshawe to twelve years and six
a