The evening world., 1894-01-25
He ANTICIPATED A CONTEST.
So Millionaire Fayerweather Gut
Down Certain College Requests.
Executor Ritch Testifles in the Col
legiate Suit Over the VIII.

The trial Of the suit OF the several col.
leges, embracing the most prominent In
the country. who are beneficiaries under
the will OF the late Daniel B. Fayer.
weather. vas resumed before Justice
Truax, in the Supreme Court. Special
Term, to-day.
After the denial yesterday by Justice
Truax of the motions Of the counsel for
the executors to dismiss the case because
OF the want Of a cause Of action, Thomas
G. Rich. who arew up parts Of the will
and wis In one Of the executors. was
put on the stand.
Many Of the questions asked Mr.. Rich
were objected to by counsel Of the oppo'
site side on the ground that he was Mr..
Fayerweather's counsel.
1t was held, however. that after Mr.
Rich had accepted the TRUST OF executor
he lost hrs standing as counsel and was
obliged to answer questions regarding
Most Of Mr.. R,eh's testimony was to
fearful that there might be a contest
over his will. and that he took every
possible precaution to prevent that. and
consulted witness upon the legal aspects
Of many Of the clauses Of the will.
Mr.. Rich's testimony not having been
concluded when court adjourned yester-
day. he vas recalled this morning when
Mr.. Ritch identified the four codicils TO
the will as those drawn In his office,
either by himself or under his super
vision.
Attorney Bishop. representing the col
leges. offered a will dated in 1884 in EVIL
dence., but IT was objected to on the
ground that 1t was immaterial. and the
objection was sustained.
Mr., Ritch testified that Mr.: Fayer'
weather had brought the codicil OF Nov,
Is to his office himself. and identified
several papers that were deposited with
He testified that he n Mr.. Fayer.
weather had had several conferences as
to the disposition Of his estates and thu
him that he had about s.. 100000 to give
to the schools. but that IL he left more
than this there might be a contest. A
his requests. by striking out the bsaues
to Trinity College in the sum of sl0o.o o
and redueiiIn SS o the - t% a. Gc appropria
weather in March, 1889. Mr., R!tch was
instructed to draw a codicil making
these provisions. He was also INSTRUCTED
to 100000, and Mr.. Fayerweather TOLD
him for the executors that when III
died he would expect his executors tt
several colleges, as he himself did no
know enough about them to do so In
diligently.
Under crols-examination by. John Nc
Lean Nash. witness testified hat ne hat
fever at any time heard Mr.. Fayweathei
state hat all the res!duary estate wa
to go to the twenty colleges. who are
parties to the suit.
When Col. James arose TO cross-ex'
anime the witness ne was challenged by
Mr.. Nash. who claimed that under a de
cision in the Stewart will case the repre-
sentative o; the heirs had no standing
in the case.
continue. and Mr.. Nash and Mr.. Par
sons took exception to the ruling.
Under his cross-eXaminatior, Mr.. Rltcf
testified that none of the three eNecu'
tors to whom the residuary estate was
either by blood or marriage. and was
not dependent upon his bounty for a
living.
Mr.. Ritch testified further that the in
terest OF Mr.. Fayerweather In the iirn
the sum OF So, 6OO.Oo). and that only abou
81. 900, 900 Of this had been paid to the es
tate.
Mrs. Fayerweather, he said. was no
dependent on the $50 900 annuity received
from the executor interest on the 500,
900 placed In their charge for her.
Mr.. Ritch then went into the details
of the death OF Mrs. Fayerweather. an
her physical condition before her death
that the resiGusry estate left you ant
your co-eSecutors b. the late DAME
r.. Fayerweather was yours TO do VIII
as you please asked Col, James viii
Mr. Ritch paused several minutes be
fore answering. and then said
Legally. yes: morally. no, =,
"Oh, there were morals in II them
'"There ought to have been" replied
Mr.. Ritch.