New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-19
cpo1rvDs OF THE DECISION.


r,s,,co Folett and Presiding Justice van hr"ne
.s,.o on,nions Justice Parker concurs IN lhe
', =, Iue.,ca Foilett. Justice Folett says '''''
~ c,acial Term found that the defendants A"o,''~
n pitch Henry B. Vaughan. for themselves a''' %
the mart of Justus l.. Buckley pro'Aeu -,
weather and induced him 10 believe tha' Il TIC ou
make them residuary lesatees OF the es'''e q"
v,6ed IN the codicils they would sell anu eo'''0
Tho res,duarv estate into cash and divide Inc Sd"e
ora,lv among the twenty corporations meh'loneu III
,he ninth paragraph OF the will, and that ny
,,aa,bar died convinced that the trustees wouiu W
this but that they attempted TO dispose OF INC e
s,auarv estate IN violation OF these PROMISES
These facts" says Justice folett' are aiNP,'
s,,nnorted by the evidence. No other CONCLUSION -
osshle from the evidence and we are OF the opin-
Ton that the evidence warrants the conclusion INA.
there was an understanding between i,uiA'eS ""D
the testaor that the estate should De so oispU IN
The reslduary legatees ACQUIRED no .p's tfo "
teres; I'm the resduum, but took IT as Iustees .ro
''The executors Of the testator WiIoW nave the
of his heirsatlaw and next OF KIN SIR er Inc Law;
residuary clause declared Invalid mluer b,mmenanS
w If cbil1 or parent shall devise bequeath py
Iii 10 anv charitable, benevolent or re!eiols T ~
iusOm Of their contention is that the widow ana
heirs released all OF their interest III ,e ored nv
"it &c urged that these releases were pTocursu ny
fraud and Undue influence but there is no eViuc,Ce
in the record justifying this contention Inc resdu
wary d the yldow ana heirs having released all
their interest therein there is no person %9 cIase
is void The Judgment should be affirmed
JUSTICE VAN BRUNTs OPINION.
rnst,ce Van Brunt after reviewing the Will, says;
az ,s clear that these executors could not put tiS
reslduary estate into their own pockets anu Apply
I, 10 their own uses, the testator having maue
this d,spostion OF his estate upon their promise 10
annIv II in the manner provided for by his Will Inc
tenth clause of the will. although revoked by the
codcls still existed for the purpose OF defining the
Justice Van Brunt also holds that the widow ana
.be neyt NJ kin have released their interests IN inc
residiIary estate. and concludes we nave, therc-
tore The case OF a trust established which would DE
ald against the world but for the statute III iaLol
~ the widow, and the widow having released ner
riohfs IN the estate. how can she claim the hVaId-
ity Of a trust as 10 p'OPei'' '' " ~
interest? ,, - ,,.aor .ha cir
.The widow Is not aggrieved ana under the CIT
cumstances the trust must be executed . ooo .
II r Faverweather died on November To-, 1897; az
his home No II East Fifty-seventh-st he nad
hcnr known as a successful. leather merchant. Dut
even his friends were astounded when MS Will cs-
trbuting over g 900 900 TO colleges and hospitals was
died on December s. 1890. lie had been OF the hrin
If Faverweather e. Ladew, In Spruce-st. Inc Won
dor prev when II became known that the estate wa
much more than sufficient 10 pay these Dequests
and tina. the residuary estate, which was elt 10 te
eyecntors was OF princely value. Al nrst IL Wds
smnnosed that there would be contest OF the WILL
90 nrovisons set aside. She alleged undue influence
She died however. When the executors announces
The colleges to which they were to give Inc rSslu-
navy estate the institutions named In the VIII en-
tered protests and began the suit, WHICH mas 10"
twice been decided I'm their favor.