Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-02-03

Beginning the Great Contest Over the BE
quests I'm the Codlci1.

II
quests I'm the Codicil.
A case was begun in New York yesterday
which promises to be long and sensa tional 4
is the contest over the will Of Daniel B. Fayer
weather, the leather merchant, who left mil.
lions to colleges, and after providing in moder.
alton for his wife and several of his kin, made
| few hours before his death, codicil, leaving
Internationally the residue OF his estn.e. cor.
siderably over $4,000, 600, to his three execu-
tors. The executors are Thomas G. Ritch,
whose law partner drew the will; Henry B.
Vaughan and Justus L. Buckley.
Since the will was made public it has been
announced that the executors hold part Of
this residuary estate under a private trust for
distribution with the rest of the estate among
the colleges. Mrs. Fayerweather maintains
that her husband was unduly influenced to
make his executors rcsiduary legatees.
ANOTHER CoDIcIL ATTEMPTED
I In the cross-examiaation yesterday OF wit
ncsses for the will. it was limited that Mr. Fayer-
weather had attempted to make another will a
few days before his death, and tina. for that
purpose. although Arnoux. Rich 4 Woodford
were his lawyers, he had applied to the law firm
OF Evarts, Choatc Il Bcaman. The executors Of
the will were represented by Arnoux, Rich l.
Woodford, John L. Parsons and Henry Stod-
dard. Frederic X. Coudert, ID. j. Holden and
Daniel Il. rollins represented tho contestants,
and counsel appeared for the beneficiary col
leges and hospitals.
Witnesses testified to the will made and
signed October 6, 1894. 1t is over the last
codicil to this will that the fight occurs Wien
the will had been offered in evidence Mr..
Armour called Ger. Stewart l.. Woodford to
the stand. Gen. WoOdford was the first wit
ness to the first codicil. He said that the
will and codicils were in Mr.. Fayerweathers
house at the time OF his death. ''Some time
in November, 1890, I think" said Gen. Wood
ford, Mr.. hitch told me that Mr.. Fayer-
weather had sent to our Office for his will and
codicils."
Did Mr.. Ritch over make more than one re-
mark of TINT kind?''
Gen. Woodford could not say, but thought
that Mr.. Mtch might have done so. Mr. Rollins
asked If Mr.. Ritch had not on one occasion
sent the original will to Mr.. Fayerweather. in
which Mr. Rltch was not benefited. and il Mr.
Fayerweather had not sent back messenger
demanding his whole will. and il MIR. Riteh had
not said to the witness, with some trepidation,
that Mr. Fayerwcather wanted the codicils also.
Gen. Woodford said that that distinctly did
not occur.
Did Mr.. Ritch tell you that he had gone
with the codicils to Mr.. Fayerweather's house?''
lie did not said Gen. Woodford.
Gen. Woodford said that he had revised
the draft Of the will and of the first and Sec
| ond codicils. The fourth codicil he had drawn
himself \ codici similar to the second, ex-
cept that it did not exempt the executors from
giving bonds. had been drawn by him and
destroyed in the presence of Mr.. Fayer-
| weather.
DO you know Of a codicil other than these
propounded for probate that was executed in
November last? asked Mr.. Rollins
Gen. WOodford hesitated for a moment and
said: Il will neither deny nor affirm such
knowledge. am willing to tell the court all
that know personally, but since this action
was begun some things have been told to me
professionally. and do not think am required
to divulge them"
Gen. Woodford's further examination was
postponed until tomorrow morning, when the
case will be continued.