New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-17
WAS FAYERwEArHER OF SOUND MIND?
Dir. MAUs II. vEDDER THOUGHT HE WAS NOT
WHEN He MADE HIS WILL.

WHEN HE MADE HIS WILL.
No sensational features were brought 10 light yes
te,,lny in the contest over the VIII OF Daniel j.. F1ler-
weather. the wealthy leather merchant who beqieatleTi
over - 100000 10 colleges throughout the country.
The dsy', proceedings consisted almost entirely of the
Continuation Of the examination Of DR.. Maus X. Eed-
der. who va, Mr.. Faycrweathcr's physician for fifteen
years. and who was a witness 10 the third codlcil OF
SIR FaycrWeather's viii and also To the cQdlcll
executed on November II and aftcrwaId destroy ed.
About an hour was spent in the argument over the
question OF whether DR.. Vedder could testify as TO his
relations with Nh Fayerwcather in his professional ca
pacity. The surrogate had ruled all such testimony
ont AZ the last hearing, and when the question was
brought up again yesterday it was thoroughly discussed
by the lawyers on both sides, with the result that tho
surrogate changed his ruling and allowed the phy stefan
to answer such questions. His ruling was based upon
the fact that, as DR.. Ncddcr had been a witness OF
two codicils to Mr.. Fayeweathcrs will. he was re
lIeved for that reason from any restraint put upon
hin by law from telling anything Of Mr.. Fayer-
weather's condition. both mental and physical, shortly
before or after either Of the codicilS in question were
executed.
This opened the door rs wide as the contestants
wished to have IL, and Mr.. COudert began To question
Or. Ncdder concerning Mr.. Fayerweathcr's death. The
physician then said, in answer to questions by
Mr.. Coudcrt that he had told Mr.. Vaughan on the
day that the last codicial was cXccutcd. which was
the day that Sr. Faycrwtathcr died. that IL would
be- cruel to ask II man in Mr.. FaycrWcather's condition
10 sign u paper. lie told Mr.. Vaughan that Mr. Faycr-
weather was a dying man. Being pressed upon this
point. Dr.. Vodder insisted upon the fact that he
had assured Mr.. Vaughan that Mr.. Fayerweather WAS
dying at between II and IL O'Clock IN the lOrnOOn
OF the day ON which he really died.
DR.. Vcdder then gave many particulars concerning
Mr.. Fayerwcathcr's Illness which finally resulted in his
death. Mr.. Faycrwcathcr had consumption, he said,
and in February. 1880, he thought Mr.. Fayerwcathcr
would die from consumption within a year. lie keep.
growing worse and hi, cyCsight gradually failed him.
When the cOdcll, which was drawn up 10y Prescott
Hall Butlcr, wa, signed on November II, he thought
that Mr.. Fayerweather was perhaps OF tcs.amentary
capacity, although he was greatly weakened. lie re-
mcmbercd that after Mr.. Faycrweatler had signed the
codicil Mr.. Butler called his attention 10 the fact tina,
lie had omitted the letters Il" err from his name. Mr..
Faycrweathor's eycsight was SO poor that he had no,
observed the omission until his attention was called
to ii.
From that time on he said Mn Faycrweather's
condition grew rapidly worse. When he called be
tween IL and Il o'clock on November -, the day Oh
which the tcstator died. he was satisfied that Mr..
Faycrwcathcr was dying. When he went into Tic
sick mans room he spoke to the patient, but Mr..
Fayerwcathcr was so weak that he could not
answer. When he went to the house again as
7 O'Clock in the evening Mr.. Fayerweathcr said
NO. in an exceedingly, weak voice. in answer
to a question. That was the only word he heard hin
utter on that day. lie tried 20 talk again, but he
could not make u noise. When he called again, at 10 80
In the evening, Mr.. Fayerweatlcr put his finger u his
mouth III though lie wished TO say something. The
physician saw that his patient was too weak To talk. and
tncd TO ind out what he wished by. asking questions.
lie finally asked him if lie wanted a drink OF water. and
Mr.. Faycrwcather nodded his head. In ten or fifteen
minutes after that Mr.. Fayerweather was dead. lie
declared that he certainly thought that Mr.. Fayer.
weather was incompetent TO make a will at any time
on the day on which he died.
In answer 10 Mr.. Parsonss inquiries, DR.. Vedder
said that Mr.. Faycrweather considered Mr.. Vaughan
In the light of a dear friend In whom he could trust.
DR.. Reynold W. Wilcox c0rroborated the testimony
OF DR.. Vedder concerning the incident at the time the
codicil of November IL was executed.
The case will be continued tomorrow.