The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-27
FAMOUS COLLEGE CASE.
Appeal Involving Fayerwenther
VIII ON for Hearing.

ALBANY, N. Y. Oct. 26-The calen-
dar of the New York state court of ap-
peals for tomorrow contains one of the
NEST interesting cases heard in some
time by that august body, and which
affects. nearly every college and uni
versity Of any standing in the country,
as well as many hospitals. The case is
the matter of the contest of the will of
Daniel b. Fayerweather. in which he
left $2,15O,00O to these twenty colleges:
Bowdoin, Dartmouth, Williams. Am
herst, Wesleyan, Yale, Columbia, IN
ion Theological seminary, Hamilton,
Rochester, Cornell, Lafayette, Lincoln,
University Of Virginia, Hampton, Mary
willie, Marietta, Adelbert, Wabash and
Park This was under the ninth clause
of the will, Cornell and Columbia each
receiving 5000, 900. Yale 100000, and the
others from $50, 200 to 500, 00O
Under the tenth clause he left the
residue of his estate, which amounted
to about 100000, to the same colleges,
share and share alike. In a codicil of
the will, however, the testator changed
this residuary bequest, leaving the res
idue absolutely to the trustees
A contest was begun on the ground
that this absolute bequest was Illegal,
and thereupon the trustees made So
called deed of gift, in which they an
nounced that they had distributed the
residue among certain colleges and hos
pitfalls as follows:
Woman's hospital and Cooper union
100000 each; Yale $15O,OOO; New York
University, Union, Harvard. Prince
ton, Northwestern University, Rut-
gers and Barnard 100000 each; Uni
versity of Pennsylvania, Wesleyan.
Lafayette, Maryville, Marietta, Wa
bash, Haverford. Brown, Wells Fee
male, Elmira Female. Vassar. Trinity
and Society of ST. Vincent de Paul
$4,000 each; Shattuck School, Presby-
terrain Hospital, Manhattan Eye and
Ear, New York Eye and Ear. Manhat-
tan Dispensary, Methodist Brooklyn,
st. Luke's Montefiore Home and New
York Cancer hospital $4,000 each
Mount Sinai hospital $4,000; Total ST.,
140, 900. sG
This decision entirely ignored Bow
doin. Dartmouth, Williams, Rochester,
Amherst. Columbia, Hamilton. Cor
nell, University of Virginia, Hampton
herst, Dartmouth, Hamilton and Will
liams college 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 be distributed to the
twenty colleges under the tenth clause
of the WILL as if the codicil had not eX-
listed. r
The general term affirmed this de-
cision unanimously. Justice Follett
and Chief Justice Van Brunt both
wrote opinions. Justice Parker con-
Cured in the opinion of Justice Fol
lett, who says that the defendants,
Thomas G. Ritch and Henry B.
Vaughan, for themselves, and on the
part of Justus L, .Bulkely. induced Mr.
Fayerweather to believe that, If he
would make them residuary -legatees
Of the estate, as provided in the eodicil
they would sell and convert the residu-
airy estate into cash and divide the
same equally among the twenty cor
porations mentioned in the ninth para
graph of the will, and that Mr. Fayer-
weather died convinced that the trust
ees would do this, but that they at
tempted to dispose of 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 be present tomorrow to argue the
case, and the decision will be looked
forward to with great interest.