The sun., 1897-01-30
rAYERWEArHsR ozsm Held UP.
Next or Kin Seek 60 Have Their Releases
to the Exeeutors Held VOID.

| Tho thirty colleges which fought the Fayer.
weather will case 30 successfully that the Court
| OF Appeals decided that they were entitled 10
the bea uests ade them. as well as to the residue
are not going to reap the fruit OF their efforts
| Just yot. William Blaikie. attorney for Mrs.
| Fayerwosthers executor. John Il. Reynolds,
| obtained on Thursday night from Justice Johp
Clinton Gray OF the Court OF Appeals an order
| which practically ties tho hands OF the execu-
| tors, the Supreme Court, the County Clerk. and
| the Clerk Of the Court Of Appeals until March
| /. The order was served on Law Clerk Staple
ton In the County Clerks ofilco in this city at
| Just one minute before 4 O'Clock Yesterday
afternoon. and directs him not to receive the re-
mittitur In case an attempt Is made to file H..
Tho hling OF the remittitur would mean tho
immediate entering Of u judgment here. direct
ing Executors Ritoh. Buckley. and Vaughan to
turn over some 81. 100000 Of the estate Of Mr..
Fayerweather to the colleges. There was small
danger OF the remittitur being filed anyway. as IL
has not come down from Albany yet, according
to James l.. Bishop OF Putney a. Bishop OF 1 10
Broadway. attorneys for the colleges, and the
serving OF the order on Mr.. Stapeton Just ono
minute before the County Clerks once closed
for the dAy was merely formality.
Justice Gray granted the order on the AFFIDAVIT
Of Mr.. Blaikie. and. in addition to the stay.
directs tho partieo to the action latoly decided
by tho Court of Appeals. to show cause at
Albany on March 1. before that Court. why
"the remlttitur of this court herein should
not be 50 ameoded as to direct the Justice of
the supreme Court, before whom this action
was tried ut Special Term, to consider the EVIL
dence given before him at said trial
concerning the agreements to release: apd
the release, mads by Lucy fayerweaiher, the
widow OF Daniel u. Fayerweather. deceased.
aud Mary W. Achter and Emma U. Fayer-
weather. his neices. and OF his next OF kin; tho
lat bias Eln.r ant
and releases; the questions OF fact and law
propounded by ths several counsel for and
releases. and TO pass upon the same, and to
determine II said agreements and releases are
valid and binding or u they are invalid and
had IN the premises as should be equitable and
Just"
Tho decision OF the Court of Appeals. made
public on Jan. 10. was that while the trust In
favor OF the twenty colleges contravened the
statute Of 1850 as to oequests to charitable
Institutions. and the executors took the estate.
impressed with trust III favor OF the widow
and next Of kin. vet the latter had signed re-
leases, and on the record before tho Court 1t
could not. rs a matter OF law. say that the
releases were void for fraud and duress. The
releases as q question of fact. bocanss Justice
Truax. who tried tho case Mt Special Term,
made no iinding of fact upon that point. tho
reason being that lie held IT. unnecessary to de-
so because OF his conclusion that the secret
trust for the twenty colleges did not violate the
MIR. Blaikie's contention Is simply that his
clients have not had hearing and judicial dc.
termination ON the facts set up by them AS to
tho releases. and are therefore about to be de-
priNed OIL their property without due process of
law. They hold that the releases are void.
Mr.. Blake submitted n long affidavit in
which he sets forth his case In detail. closing
with the following paragraph: ,..,.,
,o amended ps IN peaI'the Trial Jus,iee ~ con-
slider what lie has frankly stated that he did
not consider In connection with said agree
ments aud releases and that he pass upon the
same"