Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-02-03
A NOTED WILL CASE.
The Fight Over Fayerweather's
Millions Is Fairly Opened.
SENSATIONAL THINGS HINTED AT.
General WoodfOrd Refuses to Answer
Certain Questions.
A LENGTHY STRUGGLE IN PROSPECT

ESPECIAL TELEGRAM TO THE pIsPATcH.l
NEW YORK, Feb. AIN the Surrogate's
Court to-day, was fairly begun the contest
over the will of Daniel B. Fayerweather,
the leather merchant, who left millions to
colleges, and after providing in moderation
for his wife and several of Kin, made, a
few hours before his death codicil. leaving
Internationally the residue of his estate,
considerably over SS,0OO,0O to his three
executors. The executors are Thomas G.
Ritch, whose law partner drew the will;
Henry B. Vaughn and Justus L. Bulkley.
Since the will was made public it has
been announced that the executors hold a
part of this residuary estate under private
trust for distribution, with the rest of the
estate, among the colleges. Mrs. Fsyer-
weather maintains that her husband was un-
duly Influenced to make his executors
residuary legatees. The case promises to be
long and sensational.
Attempt at Another VIII.
In the cross-examination to-day of wit
nesses for the will, it was hinted that Mr..
Fayerweather had attempted to make an
other will a few days before his death,
and that for that purpose, although
Arnoux, Ritch and Woodford were his
lawyers, he had applied to the law
firm of Evarts, Choate aud Beaman. The
executors of the will were represented by
Arnoux. Ritch and Woodford, John E.
Parsons and Henry Stoddard. Frederic
R. Coudert, D. J. Holden and Daniel Rol-
Inns represented the contestants, and coun-
sci appeared for the beneficiary colleges
and hospitals.
Mr.. Arnoux called the witnesses of the
will. They were Haley Fiske, Bradford
W. Hitchcock and Charles L. Foster, all
lawyers, and when the will was signed on
October 6, 1884, they were all connected
with the firm of Armour, Ritch and Wood
ford. Mr.. Hitchcock testified that abos:
ten years before this will was signed, M
Fayweather called upon his father, the r .
DR.. Roswell d. Hitchcock, to ask his ad-
vice about bequests that he wanted to make.
Arranging the College Bequests.
Mr.. Hitchcock did no. know who made
the original draft of the will, but he sup
posed that Mr.. Fayerweather had consulted
Mr.. Ritch about it. Mr.. Hitchcock and hls
father went out to lunch with Mr.. Ritch
few days before the will was drawn, and the
bequests to the different colleges were then
discussed. The Rev. DR.. Hitchcock had
suggested several changes in this list and
these changes appeared in the will.
When the will mad been offered in evil
dence, Mr.. Arnoux called General Stewart
/. Woodford to the stand. General Wood
ford was the first witness to the first codicil.
He said that the will and codici1s were in
Mr.. Fayerweather's house at the time of his
death. "Some time in November, 1890, 1
think" " said General Woodford, ''Mr Ritch
told ME that Mr.. Fayerwesther had sent to
our cfice Tor his will and codicils."
bDid Mr. Ritph ever Ee moro than apa
remark of that kind?'
General Woodtord could not say, but
thought that Mr.. Ritch might have done So
General woodford Denies 1t.
Mr. Rollins asked if Mr.. Ritch had not
on one occasion, sent the original will to
Mr.. Fayerweather, in which Mr.. Ritch was
not benefited, and if Mr.. Fayerweather had
not sent back messenger demanding his
whole will, and if Mr.. Riteh had not said to
the witness, with some trepidation, that Mr..
Fayerweather wanted the codicils also?
General Woodford said that that dis
tinctly did not occur.
ibid Mr.. Rltch tell you that he had gone
with the codicils to Mr.. Fayerweather's
house?'
HE did not" said General Woodford.
General Woodford SAID that he had re-
v;sed the draft of the will and of the first
and second codicils. The fourth codicil he
had drawn himself A codicil similar to
the second, except that it did not exempt
the executors from giving bonds, had been
drawn by him and destroyed in the presence
of Mr.. Fayerweather.
"Do you know of a codicil other than
these propou nded for probate that was exc
cuted in November last?" asked Mr.
Rollins.
General Woodford hesitated for a moment
and said: 81 will neither deny or affirm
such knowledge. 1 am willing to tell the
court all that L know personally, but since
this action was begun some things have
been told to me professionally, and 1 don't
think l am required to divulge them" Gen.
eral Woodford's further examination was
postponed until Wednesday morning, when
the case will be continued.