The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-10-27
TWENTY COLLEGES IN COURT
Interesting Litigation Over the Daniel I
FAyeweather Bequest.

Albany, N Y, Oct. 26.-The calendar
of the New York stat: court OF appeal:
for tomorrow contains one of the mos
interesting eases heard IN some time hy
that august body, and which affect:
nearly every college and university o!
any standing IN the country, as well q.
many hospitals. The case is the matter
OF the coa tast Of TIE Will of Daniel 3
Fayerweatker, in which nc left s., 150, 00l
to these twenty colleges: Bowdoin
Dartmouth, Williams. Amherst, Wesley.
an, Yale, Columbia. Union Theological
seminary, Hamilton. Rochester, Cornell
Lafayette. Lincoln, University of Vir-
ginia, Hampton, Maryville, Marietta,
Adelbert, Wabash and Park.
This was under the ninth clause Of the
will, Cornell and Columbia each receiv-
ing 100000, Yale $500, 900 and the others
from $50, 900 to 100000
Under the tenth clause, he left the resi-
due of his estate, which amounted to
! about 100000 to the same colleges.
| snare and share alike. In a codicil of
the Will. however, the testator changed
this residuary bequest, leaving the resi-
due absolutely to the trustees. A con-
test was begun on the ground that this
absolute bequest was Illegal. and there
upon the trustees made a so-called deed
| OF gift in which they announced that
| they had distributed the residue among
certain colleges and hospitals as follows:
Woman's Hospital and Cooper union
s2oO.oO0 each; Yale $4,000: New York
university, Union, Harvard, Princeton.
Northwestern university, Rutgers and
Barnard 100000 each; University of
pennsylvania. Wesleyan, Lafayette,
Maryville. Marietta, Wabash, Havar-
ford, Brown. Wells Female. Elmira Fee
male, Vassar, Trinity and Society of st.
Vincent de Paul $5oo0o each: Shattuok
school, Presbyterian hospital, Manhat-
tan Dispensary, Methodist (Brooklyn).
st. Luke's Montefiore Home, and New
York Cancer hospital SOS. 900 each: Mount
Sinai hospital $4,000: total $2.14O.OOO.
This decision entirely ignored Bow
dom. Dartmouth, Williams. Rochester,
Amherst, Columbia. Hamilton. Cornell.
University OF Virginia, Hampton end
Adelbert. The trustees OF Amherst,
Dartmouth. Hamilton and Williams col
leges and the University OF Rochester
thereupon contested the validity OF the
deed Of gift and Judge Traux set IL
aside, holding that the residue should
be distributed 20 the twenty colleges un-
der the tenth clause of the will, as if the
codicil had not existed.
The general term affirmed this decfs-
Ion unanimously. Justice Foilett and
Chief Justice Van Brunt both wrote
opinions. Justice Parker concurred in
the opinion of Justice Follett. who saw
that the defendants, Thomas G. Rich
and Henry B. Vaughan. for themselves
and on the part of Justus L. BulkeIev
induced Mr.. Fayerweather to believe
that IL he would make them resjduarv
iegatees of the estate. as provided in the
codicil, they would sell and convert tbe
reslduary estate into cash and divide
The same equally among the corpora
tons mentioned In the ninth paragraph
OF the will, and that Mr.. Fayerweather
died convinced that the trustees would
do this, but that they attempted to dis
pose OF he residuary esate in violation
of these promises.
The defendant trustees. backed nv
the schools and hospitals recognized bv
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 for !
ward TO with great interest.