New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-18
THE FAYERWEATHER WILL.
A DECISION Ply JUDGE TRUAN OVER
THROWING THE DEED or GIFT.
SOME COLLEGES WILL BE BENEFITED BY THIS.
AND OTHERS. INCLTrNG HARVARD AND
PRINCETON WILL LOSE LARGE
SUMS WHICH, THEY ~
PECTED TO RECEIVE.

PECTED TO RECEIVE
Judge Truax in his chamber. Yesterday handed
down a decision in the famous Faycr"eaihcr VIII
contest. He called in al the lawyers In ne case
TO the number o. twenty-five. Nhen they hN" A.
semblotl judge T.uaX asked l. they wanted h't-
,nrs and read TIE code The iuGge said he thought
that special findings would rot oc an adNan'as'
and the lawyers said tho decision was Wnat VAS
wanted more than the findings. Judge lIuaN 'h''
announced that he found in favor OF the pialn'i1s
This means that the deed OF siit. %'""'No' Is ue-
clared invalid. end the smaller COLLEGES as DY N"
will of the testator. are the bcnedcarieS JUDGE
Truax in closing his opinion, says:
have said that the defendants Ritch. Bulkley
nor mean To he understood as saving that either
one Of said defendants committed any actual fra,e
%iS they thought they had right do Thorc
Is nothing in The evidence snoTlNg 'nal az ey w.
not free from fraud. 1 DO not give ehect 10 ne
evidence that Mr Fayerweather did not change his
intentions. as expressed T. his VIII ana coo'V"S
and the private memoranda
Judgment is ordered directue that the said re-
siduary estate devised ana beqneahed to 5he &c,
PENDANTS Thomas .. lNtoh' Ju,,'uS a., J." III
and Henry i Vaughan was received ava IS h.in
several institutions named In tho ninth paragraph
OF the will ana for the Norhwestcrn University
now In their possession except that part thereof
necessary to provide Tor the paynenls memnoh &C.,
fenei Is nov neiu 10y NE hc ca sevaraI other nsii-
tutions upon the trust stated in the TENN para
sranh Of The will that the said defendants b. on
Joined from distributing the resduarN estate uhoer
the deed Of Cif; that they account Tor the 'Eo'HS
received by them under said last VIII ana teSl1-
ment and codicils. before Charles ". Dayton. VINO
IS hereby appointed referee take and state ther
accounts; and that they have the costs o. this
action.
Mr.. Fayerwea Their. who was leather merchant
we'll known in the Swamp, died on November TO-
1870 leaving an estate estimated 10 be worth he
tween S60p0OC0 and 100000 lie left q will ana
four coGicls. the last having been signed only
few hours before his death. The executors named
we've Thomas q. bitch, Iustus l.. I"''''f and
Henry b. Vaughan. The Will bestowed S-.lso0OJ
upon various Institutions. OF which $4,000 vas
gwen TO colleges in sums ranging from $4,000 to
snGp) and different local hospitals received 5000
Mr. ravcrwea Their left no children His only heirs
.t-,aw were his wife. Lucy Fayerweather; Mary
W Achter ana Emma II. Faycrweather, OF Mus'a-
tire Iowa children OF his brother William Fayer-
weather and Lucy j. Hoardsley. OF Bridgeport
Conn 1900 ,
REQUESTS IN THE WILL.
The provisions Of the will gave Mrs. Fayer-
weather $4,000 in cash. the family residence. NO
II East Fifty-sevcnth-St.. together with its con
tents; the stable No. l45 East Fifty-seventh-st,
together with the horses and carriages. ana an
annuity OF $1,000. This in lieu Of dover.
Lucy J. Beardsey received 10000 and Mary
Achter and Emma D. Fayerweather each $1,000
His niece Annie Amelia Joyce received an an
ruity of $4,000 as long she remained unmarried
4 number Of his employees and servants were pro-
ydcd for the largest bcquest in this class being
$1,000 The institutions mentioned in the VIII and
their requests follows: