New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-23
COLLEGES WANT THEIR MONEY.
THE ESTATE OF DANIEL B. FAYER-
WEATHER BEQUEATHED TO INsTITU-

BEGINNING THE SUIT FOR THAT PORTION OF
THE ESTATE OF DANIEL B. FAYER-
WEATHER BEoUEATHED TO INsTITU-
TIoNs OF LEARNING.
Justice Truax Of the Supreme Court looking
careworn after his illness, opened his branch OF the
Special Term yesterday. and called for trial the
suit Of Amherst and four other colleges to recover
their shares Of the residue of Daniel r. Fayer-
weathers estate. John Z. Parsons. counsel for two
OF the executors. engaged in another trial. and
an adjournment In his behalf was asked until
Wednesday, Colonel f. c. James. ex-Judge Ar
noux and others opposed any adjournment. and
the Justice said that there were so many coun-
sci In the case If engagements were to result IN
adjo,rrnments the would not be tried In three
years He said he would mark the case ready, and
see II Mr. Parsons could make some arrangement
m the afternoon Justice Tr,ax decided that II
best TO take up the at All of the col
ieges and charitable institutions interested In the
will were represented. James L. Bishop. for Am
herst made the opening address. He referred at
length to the various wills executed by Daniel b.
Fayerweather The action was one for the distri-
button Of the residue Of the estate, and he said
that the honor and integrity OF the executors re-
ouired a division among the twenty colleges Sc
1ected under the WILL
It was urged that Mr. Fayerweather did not wish
TO establish large university. but wanted to spread
money among the smaller ones.
Mr. Bishop continued, saying that the executors
and trustees, Thomas c. Ritch, Henry b. Vaughan
and James l.. Buckley. after the contests had been
withdrawn, filed paper in the Surrogate's office.
repudiatng the resduary provision, directing the
residue to be paid the twenty colleges mentioned
in the WILL and declared II their intention to make
the distribution In their judgment to hospitals
and twenty-one colleges, excluding all but six Of
the institutions which Mr.. Fayerweather intmated
should receive his money. They made distribution
and divided the remainder Of the residue Into ten
parts giving each 10 Yale, Princeton, Columbia
and Harvard colleges and the Presby terrain Hospital
and hve parts 10 the Women's Hospital. 1t was the
declared purpose OF each trustee TO give away In
his discretion whatever came to him as residuary
devisee. .
Mr.. Bishop had something 10 say about the act OF
1880, which prohibits any person leaving wife or
heirs from disposing by will OF more than one
half OF his estate to charity. He argued that the
only prohibition was against a person doing this by
will Fayerweather conveyed the property to these
trustees. 1t not devise. but constructive
trust not by will. This Mr.. Bishop argued was not
an evasion of the OF 1862 only respect for II,
The plaintiffs Mr.. Bishop urged. did not q1 J.
ton the worthless Of the objects 10 which the
trustees had diverted the residue but that furnished
for their action II 1t was not IN accordance
with Mr.. Fayerweathers clear intention.
Ex-Judge W. H. =, Arnoux, representing the
merits az he saw nothing In IT, He thought perhaps
Justice Truax would prefer 70 wait until the end
remarked however: III there Is nothing in the case