New-York tribune., 1896-12-02
FAMOUS WILL CASE HEARD.
THE FAYERWEATHER APPEAL BEING
ARGUED IN ALBANY.
APPELLANTs-MANY DISTINGUISHED LAW
YERS IL C,OI-RT-HISrORY

COLONEL JAMES OPENED THE FIGHT FOR THE
APPELLANTs-MANYp DISTINGUISHED LAW
YERs IN COURT-HIsTORY OF
THE CASE.
Albany. Dec. 1.-The fight over the Fayerweather
WILL which came up in the Court Of Appeals to-day,
involves over s2,oo,Coo. Daniel b. Fayerweather was
wealthy lumber merchant Of New-York City. He
oied In 1890 leaving a fortune OF s. 100000 Mr.. Fayer
weather left children but wife and three nieces.
Mrs. Mary W. Achter. Emma s Fayerweather and
Mrs. Lucy j. Beardsley, were named as his next OF
kin. To the widow left $4,000 In cash. the family
home in NewYork City. worth 100000 and an
nuity Of $4,000 in lieu OF her dover rights. To Mrs.
Beardsey was left 100000 and the other two nieces
$4,000 each
by the eighth paragraph Of the will bequests were
made TO several hospitals in NewYorh City. or the
remaining A5oo.ooo about half lef, to twenty
colleges and universities and half TO the resduary
Iegaees Under the ninth paragraph of the will be-
quests were made to twenty colleges throughout ths
country aggregating s2.l5O.coo. The bequests made
by the eighth and ninth paragraphs have been pad
BY the tenth article OF the will. as originally con-
structed. Mr. Faycrweathcr directed that the residue
Of the estate amounting to s25OooOo he held in trust
and he divided equally among twenty colleges. The
original will dated October 6. 1884, but by codics
made late November Il. 1890 the day OF Mr..
Fayerweathers death this article Of the Will was re-
voked and the residue devised and bequeathcd 10
"Justus L. Bulkeey Thomas c. R!,ch and Henry i.
Vaughan. them and their heirs forever.
Proceedings were begun 10 probate the VIII. bu
the widow and three nieces objected. charging undue
influence and fraud and that the tes'ator OF I'm
sound mind Pending the probation OF the VIII tn
three resduary iegatees increased the annuity Of
Mrs. Faycrwea,he= and gave her an additional s21.o~
in cash To Mrs Beardsley was given 900. ard
the two other nieces each had their requests In
creased. The widow and nicces then Withdrew their
opposition. and the will was probatcd The residuary
Iccaees by a deed OF gif; distributed the remandes
Of the residue amounting 10 about s2,i.H.co. among
a number Of colleges and charitable institutions.
The only colleges mentioned In the ninth article
q tho will which are remembered by tho leSaiccs
deed OF gift are Columbia Wesleyan, Lafayette.
Mar, VILE Wabash Marietta and Yale. The -
naming thirteen colleges named In that article ar
ignored. and tho trustees Of several OF thea
brought suit to establish truss as 10 tho resduaiS
estate in the resduary lcgatceS of the will an'
cod,cIs for the benei; of the colleges mentioned
in Article TX Of the will. and concs'irg tho J.
gality Of the deed Of gift the numerous other I'm
stituions
Justice Truax set the deed Of gift aside hodin'
that the residue should he distributed among th'
twenty colleges contemplated by Article y o.
the will The General Term affirmed this decision
unanimously. The defendants. backed hT the school
and hospitals recognized by them. now contest the
Mrs Fayerweather died in 1896 and her executors
holding that tn" heirs Of Mr.. fay'rw ath"r ar"
entitled the residue OF tn" estate which TN" col
log ges lighting fer
before the argument was begun TO-DAY there was
some discussion as TO how much time should ID"
allowed TO the numerous Interests represented
The Court said that the arguments so"hl N
on the assumption that they would l." hnishrn m
six hours II more time was needed II would %"
granted.
Such a number Of eminent lawyers has not ho"n
congrcgaicd IN many years In the court OF Ap-
pcals as wcr. I'm attendance to-day In 'onnrctiv
with the case. Th, appearances for ;h" appellants
wrr. James e. Carter and ;. u. Brown"ll. Tor Inc
hcnencar.cs under the deed Of fift mao" by IN"
executors: Colonel Edward 9. James ana william
KlaIki. for the widows. executors ana next 81
kin; G y. Bowie II. and General S,"Wart l.. Wool
ford for Executor Rifch Edward Ninsiow rag"
and Henry Van Ness Philips. fer Union College;
Iohn = Parson. for Executors Buik"cy and
Vaughan ard Charles y Earle. for the Minhat-
tan pispensary OF New York city.
l. bishop for Amherst 'oilcgc; Horace ltIss IT,
Tor dartmouth college. Martin v. Cooke. for koch-
csier University. Eiihu Root for Hamilton '9I-
oce William H. Futn"y. for Williams college. Al,
fred " Is kIldo for Northwestern nifcrsly. ana
William H. Iiornblowcr and Howard A. Tayler. for
Lincoln University. 49,, -
Colonel james opened the arsumcn; Tor the ap-
peIlans at 10 O'Clock Il l. "Np"cicd that inc nrsu
mon,s will not be finished before thursday