The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-27
MUCH MONEY AT STAKE
EASTERN COLLEGES WANT MORE OF
FAYERWEATHER'S MILLIONS.
Contest Over the VIII of the Charita-
bic New Yorker to He Renewed in
Court of Appeals To-day.

ALBANY. N. Y, Oct. 26.-The calendar
| of the New York State Court OF Appeals
for tomorrow contains one of the most in
| teresting cases heard in some time by that
august body and which affects nearly every
college and university of any standing in
the country, we'll many hospitals.
The case is the matter of the contest of the
will of Daniel Fayerweather, in which he
left 81, 100000 to these twenty colleges: Bow
| dom, Dartmouth, Williams, Amherst, Wes-
leyan, Yale, Columbia, Union Theological:
Seminary, Hamilton, Rochester, Cornell,
Lafayette, Lincoln, University of Virginia
Hampton, Maryville Marietta, Adelbert,
Wabash and Park. This was under the
ninth clause of the will, Cornell and CO.
lumbia each receiving s2OO,O0o Yale $500, 600
and the others from $4,000 to 500, 900 I'm
der the tenth clause he left the residue of
his estate, which amounts to about So, 000. 900,
to the same colleges, share and share alike
In a codicil of the will, however the testa-
tor changed this residuary bequest, leav-
ing the residue absolutely to the trustees.
A contest was begun on the ground that
this absolute bequest was illegal, and
thereupon the trustees made a so-called
deed of gift, in which they announced that
they had distributed the residue among
certain colleges and hospitals, follows
Womans Hospital and Cooper Union
$2OO,O 900 each; Yale, $4,000; New York Uni
versity, Union, Harvard. Princeton North
western University Rutgers and Barnard
S100. 900 each; University of Pennsylvania
Wesleyan. Lafayette. Maryville, Marietta
Wabash, Haverford. Brown, Wells Female
Elmra Female, Vassar. Trinity and Soci-
ETY. of Saint Vincent De Paul $500 each:
Shattuck School, Presbyterian Hospital
Manhattan Eye and Ear, New York Eye
DiSnPnSarN Meth n-
dist. Brooklyn, ST. Luke's, Montefiore Home
and New York Cancer Hospital $4,000
of 81, 10000
This decision entirely ignored Bowdoin
Dartmouth Williams, Rochester, Amherst
Columbia Hamilton. Cornell, University or
Virginia, Hampton ana Adelbert. The trus-
tees of Amherst, Dartmouth, Hamilton ana
Williams colleges and the University of
Rochester thereupon contested the validity
of the deed of gift, and Judge Truax set
it aside, holding that the residue should
der the tenth clause of the will as if the
ccdicil had not existed. The General Term
affirmed this decision unanimously. JUS
tice Toilette and Chief Justice Van Brunt
both wrote opinions. Justice Parker con-
CURED in the opinion of Justice Toilette,
who says that the defendants Thomas G.
selves and on the part of Justus l.. Bulk
ley, induced Mr.. Fayerweather to believe
that if he would make them residuary
legatees of the estate. as provided in the
codicil, they would sell and convert the
residuary estate into cash and divide the
same equally among the twenty corpora
lions mentioned in the ninth paragraph
of the will. and that Mr.. Fayerweather
died convinced that the trustees would co
the residuary estate in violation of these
promises. The defendant trustees, backed
by the schools and hospitals recognized
by them now, contest the General Term
opinion A brilliant array OF counsel will
and the decision will be looked forward to
with great interest.