The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-06-28
COLLEGE FUNDS At STAKE.
NEW ASPEc or OF THE ELrERWE41HER
MILL LITIGATION.
The Big Colleges OF the Country are Chieny
Interested In This New Attack on the 500

| The Big Colleges or the Country are Chiefly
Interested In This New Attack on the So
| called Deed OF gift Made by the Execators.
The litigation over tho millions OF the late
Daniel Is. Fayerweather has resolved itself
| into one great contest principally between tho
large colleges OF the country. but with all in
| terests brought in for general determination
| that will settle the estate for all time.
Tho colleges which decided to take the
Initiative in the new litigation were Amherst
| represented by Putuey a Bishop: Dartmouth.
| by Horace Russell: Hamilton. by Elihu Root;
Williams by Francis Lynde Stetson. and the
University OF Rochester by Martin W. Cooke.
| They found they m ust n eeds bostir themselves,
| for the executors and so-callcd residuary lega-
tees Of Fayerweather. Thomas G. Ritch. JUS
tus L. Buckley. and Henry b. Vaughan had n
motion noticed for hearing before tho Surro-
gate last week for decree settling their nc
counts and directing distribution Of the
present surplus OF s2G3O.0oO according to
their deed OF gift and Fayerweather's will.
Tho motion went over until yesterday. Mean
while. on June %. n omplaint was sworn to
that acted like a bombshel when thrown into
tho argument on tho motion yesterday. John
E Parsons, appearing for Executor Buckley.
and W. II. Armour. for Messrs. Ritch and
Vaughan. had moved for a distribution Of the
counsel for the 1--WE colleges took turns in ar:
guing that Surrogate Ransom should withhold
Tsy h
deed Of gift was worthless as the eXecnt9s Is
R Wss Nh Sn So
benefit OF the institutions named in the will.
among which are the plaintiffs.
r!diepiine the deed Of git said 6o wonderedii
Mr.; fSa,y y meant to take vast sums
Sss,s ssSa s sfss 'Gssa
66S fhe decd "" st ss gave 's GSts
,ne Sal sdf sosa Motion for two
nieces Of Fayerwceather and his widows eSecu..
the S s RoS te
cause it lott the stts mostly a. th had discretion
the widow and the two nieces: on the theory
that its dispostion BY will is invalid. He is
trust. and that the deed OF gilt, IS void. The
other papers In tho case and res@rv@d dee H
tse ali 9th sosn the III shs
made defendants in the new suit; The com
pana says bt NE ssae IF hbyerwednther
fourth codicils. ia worth more than S3,goo,0 600.
The colleges contend that this residue was
were to distribute tho money among the in
stit2tion on; rroyided for in the ninth paragraph
Bowdotn, 500, 600: Dartmouth. 800 900: Williams
100000; amherst. 100000: WESLEYAN Univessi;y.
100000: Yale, $3oooOo Columbia $2coo00 Union
q
Lafayette $50 ooe: Lincoln slo0ooD; universtty Of
Virginia, 100000: Hampton University. sioodoo;
Xdeibert College. $4,000: wabash College. 10000.
and Park College. $4,000
II the action succeeds these colleges will
have also the S3.uUO.0OO to divide. nd the
other institutions to which part Of it is given
by the decd OF gift will suffer to that extent.
Distributing tho Sj,UOOUVU residue in the
proportion above observed would give Yale
2U.GOO more. Colum bia and Cornell S2S4. 900
more each.thc 100000 colleges 81 ~ 900 more
each.
Lafayette. Maryviile, and Wabash so0,9Q0
This decd gives Harvard sloI. 200 and Price.
ton SlOOOUO.and each tenth OF the residue.
RutGers gets sl0oq1O; barnard School for
Now York. 800 900 and Cooper Union 5000.
900. Nasfar College is among the institutions
that get $4,000 by tho decd. The action
strikes at all these gifts.
The complaint admits tho legality OF the will
made to avoid the statute against u testntor
giving moro than half of his estate to public
institutions. and In the promise OF tho en-
ecutors to distribute tho residue under tho
also averred that the codicll Of Nov ii. 1890.
which has not been found. and which restored.
1t Is claimed. the Wills provisions for the
residue. was destroyed by Fayerweather. in
duced by the promises OF the executors to
carry out tho secret trust