New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-01
HE WAS ASKED TO GET OUT
MR.. FAYERWEATHER DID NOT WANT MR.
VAUGHAN IN HIS ROOM
CONTINUATION OF THE LITIGATION OVER THE
LEATHER MERCHANTS MILLIONs-HIs
NIECE TESTlF1ES

NIECE TESTFIES.
The litigation over the residuary estate o. Daniel
b. Fayerweather was continued yesterday IN the
Special Term Of the supreme Court before Judge
Truax. Franklin r. Mirick the first witness
OF the day lie was private clerk TO NJ. faEer-
weather and IS now serving in the same capaciH
10 the executors Messrs. Bulklty. Eltch ana
Vaughan. lie testified to the various payments
made by the executors 10 Mr.. Fayerweather
Emma s Fayerweother Lucy ]. Bearcsey ana
Mary w Acter Thomas 6. Ritch one OF the
residuary lcgatees. was then recalled ana ne again
emphasized his testimony that Mr.. Fayerweatner
never made any stipuatons as TO what colleges
should benefit under the ''residuary or TENN
clause Colonel James then introduced letter
written by Mr. Rich to Judge Beardsley. under
date Of December l$ $50. as follows
Il regret to inform you that there is In my pos
session a prior will which leaves not the slightest
discretion 70 the executors. but which leaves $SV
Der year to Miss J. and the income Of 100000 TO
Mrs f. in addition TO the real estate. and $500 10
Mrs Beardsley /, is a delicate position for me to
be placed in. and I put you in possession Of the
information with liberty 10 ii as YOU may deem
proper"
2 1880. Justice i. Buckley recalled and testified
that he was no; Interested in of the institutions
named in the deed Of gift. and always understood
that half c: the rosduarv estate was 10 be divided
equally among the trustees Messrs Vaughan, Ritch
and himself
Mrs. John g. Reynolds. formerly Miss Anna
Amelia Joyce then took the stand to corrooorate
DR. Twins testimony Of Tuesday She had lived
with the Faverweathers for over twenty years. Mt
Fayerweather was her uncle. Mrs. Reynolds then
detailed at length the Illness and death OF her uncle
This led ny 10 the Vaughan interview. Colonel
o|DaTing the will contest had before the Sur
rogare in Febrqary lT 90 y dafendan Henry b
Vaughan? Ayes, 1t was rather q ohe-s'ueu inter
view -, ,,u. .. .hot hon,
nened Al was standing in the centre OF the Sur-
rogate's courtroom chatting with Dr. irwin MI
Vaughan appro4ehed ana 1 ike me to sneak With
Vol, n moment i walked few yards away from
where DR. Irwin stood, and Mr.. Vaughan sau
Miss joyce will fight this thing as long as uere
,s dollar eA. OF the Fayerweather money or While
/ have a dollar OF my own. lie spoke very eH,
cedy and he ala what noOy ~, hao ever face cone 10
M ~ y MA no mention Mrs. Fayerweathers name?
A~Yes he told me 10 repeat what he mad SAID 10
me 10 Mrs. Fayerweather .,u ,.A NJ,
Vaughan TO Mrs Fayerweather? A.-1es, ana
told her that l would not go to the cour ,
again to be insulted by those VINO sHou'u Ne lily
0'LAnd what did Mrs Fayerweather say? A-She
said: 1--WE had better settle TINS case as Vaughan
''1 9 y effect did the recital have upon Mrs
Fayerweather? AShe was Ill at the time o1I n ed
Illness greatly aggraVaied ""e" Sie 'V'''u
what Mr. Vaughan had said. . ,,,
The fifth codlcu executed about II oc!ock
in the morning, the witness SAD, ana from and'
until O'Clock Mr. Fayerweather never SPOKE.
Then he turned his head and seeing Mr. Vaughan
In the room. asked Mrs. Reynolds what aughal
was doing there she answered that he had dropped
Mr. Fayerweather replied: on no. Vaughan hedtu
that / was dying to-day. and that Is What ne is
sons cross-examined the witness. The hearing VIII
20 on to-day