New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-12-11
AGAIN FIGHTING THE WILL.
DANIEL p FAYERwEATHER'S MILLIONS
ONCE MORE IN COURT.
THOMAS G. RITCH. AN EXECUTOR. CHAK1El
WITH FRAUD IN FNDEAVoRING To OBJ
TAIN CONTROL OF THE ESTATE

WITH FRAUD IN ENDEAVOR1NG TO OBJ
TAIN CONTROL OF THE ESTATE.
Tho contest over the millions left by Danlel D.
Fayerweather. the leather merchant oil 'he
Swamp. is 70 be revived by the executors vi
his widow and by his relatives, who charge thh'
Mr. Fayerweather was unduly influenced III 'no
making of his will, and that he was falsely al
viscd as to the meaning of its principal provisions
This action has been expected for some uine
The trouble was once apparently settled by the
withdrawal Of suit instituted by Mrs Fayer-
weather TO set aside the provisions of the Will, ana
b,, an agreement signed by her to a certain DIS
nosition Of the estate Mrs. Fayerwcather dled
in July last. and it was supposed that the famous
will case was at an end. In October, however,
whom an ATTEMPT was made in the Surrogate )
Court TO make settlement Of the collateral IN
heritance tax on the requests under the Will, the
fact was brought ont that Mrs. Fayerweathcr
was not satisfied with the disposition which had
been made of the property and had begun SUIT
only four DAYS before she died to set the Will
aside John Il. Reynolds and Morris Il Beardsley
executors under the will Of Mrs. fayerwca'hef'
nj that time secured permission from Judge fa''er
son, in The Supreme Court, Chambers. to revive
the srt TO have the will set aside. Surrogate
Ransom accordingly adjourned the inheritance tax
case until the contest over the will should De
settled.
The complant In the suit was filed in the Si-
preme Court yesterday, and an order WAS erah'eo
BY Judge Ineraham that the summons ana com
plaint in tho action be served by puDnca'ioh
upon a number Of institutions named as pehe-
Gciorics in the will and in the deed of gift made
bv the executors This suit is brought by Johh
r Reynolds and Morris u. Bcardsley as executors
Ents ta,tln
Faycrwcathcr. Mary w. Achtcr and Emma s.
Fayerwcathcr. nicccs of the millionaire merchant
against Thomas G. Ritch Henry b. Vaughan ana
Justus 7. Hulkley executors under the Will oi
Mr. Faycrwrathcr.
They seek TO set aside most of tho provisions
OF Mr. Faycrwcafhcr's will and codcils especially
those portions which leave several millions 10
charitable and educational institutions, and also
the clnusc making the executors the rrsldualy
lcgatccs The court is also Asked to set aSid" the
deed of gift under which the executors pretended
II il alleged 70 give away the large fortune which
was left TO them In trust.
Tho will of Daniel B. Fayerweathcr wac eN-
ecuted October 6. 1884, and several codclis were
afterward added His estate AZ his death
amounted 70 between five and six million dollars,
Of which amount over S2,000,0o0 was be-
queat hcl 70 various colleges, hospitals and chart
table INSTITUTIONS throughout 'uc No""'iN' i''V
widow received the house in which she lived and
an annuity Of 81 1000 year. The residue OF the
estate, amounting to nearly S3,000O00, was given
70 the executors with the understanding, 1t is be-
licvcd. that thcy would distribute it among the
colleges and other institutions mentioned In the
will, and 10 such Others rs they thought beat.
Small bcquesis were made 10 a few relatives.
Mr. Fayerweather IL is said, wished TO give his en-
tire estate 70 institutions Of charity and learning,
but could NOT do 50 directly 10y reason Of law
which does not allow more than a certain share
Of an estate 10 bc thus bequoathcd Mrs Fayer-
weather contested the will but Withdrew her
original suit.
Tie complaint filed yesterday charges the cXecu-
tor, and particularly Thomas G.. Ritch, who drew
I'M the will and several Of the codics, with fraud
in securing in the will certain of the provisions
which II contains II l. charged that Mr.. Rltch,
by reason Of long acquaintance with Mr.. Faycr-
weather had secured great Influence over him,
and that lie was implicitly trusted. With the
frs, codcil 10 the will. executed December 49,
1854. which makes Ritch and Bulkcy rcsiluary
ceatcc,. there is u special communication signed by
Mr. Faycrwcathcr In which he expresses his hope
that his heirs will allow the provisions Of the
will 10 be carried into effect without opposition
This it is asserted. ~ an evidence OF the strength
OF tie influence which Rltch exercised over Mr.
Fayerwcather
The real purpose Of said Ritch. the complaint
alleges in 81 advising and influencing said tcs-
tator, was 10 mislcad said tcstator and 10 de-
priye his said widow and next of kin and said
institutions Of what slid tcstator meant 10 give
10 them, and 10 illegally and wrongfully obtain
possession and control Of said estate and to wrong
fully convert the greater part of 1t TO hi, own
use II ~ asserted that Ritch had no intention
49,. IL.
tanned in the so-callcd trust, although 1t is con-
ce>lcd that BullIley may have had such an in
,cntlcn Rltch, however il is said, knew that
the trust was illegal and that Buckley could not
carry it out
In pursuance of lbs scheme" the complaint
continues TO obtain for himself as much Of said
estate as he could, said Ritch 50 prepared the
second codicil that il omitted all gift, devise
REQUEST, residuiry or otherwise, to Henry Ii.
Vaughan, and made him merely an executor and
trustee. But it is declared the codcil 10
wordcd ~ TO cause Faycrweathcr to believe that
Vaughan resduary lceatec.
The complaint further rcctrs that Ritch fur
nished as witnesses to the will and codcil which
he made his partners and confidential employees.
Mr. Faycrweathcr. on November IL, 1890 made
another codicil, which il missing. The complaint
demands that IL he produced. Shortly before
making it, it is charged Mr.. Fayerwclther. in
the presence Of Henry b. Vaughan. denounced
said Rich as a scoundrel'
With respect TO the release which Mrs. Faycr-
weather made, withdrawing all rlalms upon
the property. other than upon the house in
which she lived and the annuity. which was
increased TO $4,000 year, II is declared that
at the time it made Mrs Fayerwcathcr was
not informed of her rights and that her strength
of body and mind had been impaired by long
illness. In order TO force her 10 Il compromise. it
is alleged, Vaughan told her that il she did
not agree TO it the executors would keep the
case in the courts for years. and would use mp
the entire estate in the contest IL is alleged