The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-12-11
FAYERWEATHER'S MILLIONS.
TIE WIDOWS SUIT REVIVED BIT HER
ExECUTOR6.

| EXkfCUIOhbs
II IL Sought to Set Aside Her Release and
the Deed or Cir OF the Residuary Legs-
tees, and TO Have Certain Clauses OF the
VIII Declared Invsnd-I.awyer Ritch and
Legatee Vaughan Accused OF Conspiracy.
Aponderous com plant. filed yesterday IN the
action to declare invalid clauses In the Will OF
| Daniel b. Fayerwsathor and to set aside the
relsase OF his widow. Lucy. and the deed OF
| gift OF the residaiary leeatees, alleges a con-
| spracy on tho part Of Lawyer Thomas O..
| Kltch and Henry b. Vaughan to deprive the
widow and decedent's kin Of the bulk OF his
estate.
Fnyerweather died on Nov. IS. 1890. leavin
an estate estimated at S5500.000. His will
gave 81. | O5. GOO to colleges and hospitals. He
nado the residue OF his estate over to Kitch
and Justus 1. Bulkley. on an understanding
that they should distribute 1t among charitabie
institutions By fourth codicil Henry b
Vaughan was joined with them as residuary
legatee. Pending the contest over the will In
stituted by Fayerweather's widow. settle
ment was made last March by which she re-
leased all claim. and the three residuary
legatees gave deed OF gift OF the residuary
estate to certain institutions.
On July II last the widow. Lucy Fayer-
weather. through Lawyer William Blaikie'
had a summons served Id an action to set aside
this release and deed OF giftandt to have parts OF
her husbands will declared invalid. She died
five days later, and the action was revived By
her executors. John i. Reynolds and Morris
b. Beardsley. On Dec l last. Mary w. Achter
and Emma s. Fayorweather cousins OF Air'
Fayerweather. came in with the executors 40
plaintiffs. Ex-senator George F. Edmunds
Blaikie. Emma $. Drury and Lucy ). Beards-
ley. noces OF Mr.. Faycrweather. his executors.
aud all other leCateos under the Will are made
it is first declared in tho complaint that
nch had been thirty years awysr and v los
c"nilden"c and a knowledge OF the size Of his
cstnte. 1t is generally averrei that no con.
corruptly suppressing his knowledge OF tho
legal effect OF clauses IN the VIII; ,,, r,,,,.
nroyisGiJns the WI ths
.influenced BY said Ritch and induced by
knowledge of law. and by his representati ss
and assurances. and by their apparent tfnSn
ns san sna f RsG eor Hna
to mslead or deceive him. but relying on him
and on his. said representations ana assur-
Hnces. and FOR no other reason. said testator.
Daniel ,. Fayerweather. agreed with hitch
thereto"
eomniaint on the day the will was executed.
Said hitch also, preparsd the following
depriying them Of their right. and then and
tn ere induced said testator TO sign the same.
making said will eiiectuai. and would keep
said widow and next Of kin from contosting it.
The apology reads thus:
s III.
e en- t''' PROVISIONS "a 'A' NY DB fiSrswtaT"sE
About sixty days later Influenced and in
duced ard believing and relying as aforesaid.
he alIo e him to tot prer 1u. said codici
- The redicil r,e!srred to vas executed on
to further hm HsS that said
will and said codicil could be made to stand
In law. and to dispose OF said testator's prop.
do. and to keep said widow and said next Of
kin from. contesting as aforesaid. said Hitch
about the date OF said first codicil to sign
paper. Of which the following is q COPY:
NEW YoRE. Dec. tho H. 1884
hays nds Rntley and R.ch my resdu.y
the S .S 8. n ana
wh"u. litisa,ons on the par:o any person or per
Tin case q my death ! .rus. they VIII take ,uch
sss. e w 81 t.. o
"D. d. FAYERwEArHEh
add!esssd; Mfessrs j. T. Bu!iley and 7. 6.
kitch TO be opened in case q W Rtc death at
vsins and influencing said testator was to
mis!cad said testator. Daniel B. Fayerweather.
and to deprive his said WIDOW and an. Hxt 81
wroncfully ohta n possession and control Of
greater part OF It to his own use''
1t is asserted that Wtch knew the trust was
pa e sou he sn Se dons to Of
the law. The plaintiffs say, that on tho
ground OF fraud equity will. however. iiasten
ad trust rs 1,aIsGs'o upon the fraudulent resi-
In pursuance 81 his scheme" tho com.
much OF said estate as Le could. said Hitch 80
prepared the second codicil that it omitted all
E. devifH or hrSsiduadFy or eth bsm
Eat it j. alleged this sPdieil YES wSrdsd =. 50
t" ss
two codic!ls liitch furnished from his part
ners and confidential employees" the nsces-
1t is charged that Ritch. with evil intent.
concealed from the, widow and kin the fact |
Nov H. isaU unknow WIT to Rteh It Is declared
Tnycrweather denounced said Riteh as
dead On s?NFn 5"9! yas
10 Hitch and returned With paper. 1t was
executed Us u coClcl. ana Hlilue Nausn re-
siduary iegnteo. The plaintiffs say they do |
not know what understanding was had with |
hitch.
Concerning the release given by the widow. |
on which tho agreement ofthe residuary lega- |
tees was tased disposing Of their interest in |
of hcr rights. and her strength Of body and |
mind had been impaired by her long illness.
Vaughan told her they would keep the co SO in |
he courts for years and that he would use up |
the cniir estate in the contest. and. II neces-
sary. his private fortune.
The plaintiffs desire the agreement made in |
settlement OF the estnte to be declared void. |
graph 8 declared void. and they want It de- |
creed that the three residuRry lsgatees hold |
the property In trust: They also desire tho |
court to appoint q receiver Of the property.