The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-24
NOTES or LEs<L ErENrs.

celebrated Fayerweather will case. under the
title of the Trustees of Amherst College anu
others w. Thomas q. Ritch and oihers. THIS
PRACTICALLY compcls the executors under mr.
Fayerwesther's will 10 diyi, his residuary es-
tsse among tae twenty Institutions OF learning
named in the ninth paragraph or article OF
that instrument, instead OF ignoring thirteen
Of these benenciaries. a. the executors pro-
posed 10 do. Mr.. Justice Truax. who tried the
case at Special Term. decided that the execu-
tors promised Mr.. Fayer~ eatnor that they
would divide his rcsiduary estate among the
twenty corporations mentioned. share and
share alike. II he would make the n his residu-
ary lesat.es. which he did In relian,e upon
their promise to this effect. Judge Folle't.
who wrote ono Of the opinions at General
Term. declared that this finding was amply
supported by the evidence. and that the testi-
mony OF Ritch and Vaughan and the corre-
spondence conclusively show that they definite
~ promised the teutator to dispose OF the resid-
u,ry estate bequeathed to them In accord
ance with the provisions Of the tenth clause OF
the will" Tho result reached In the Court OF
Appeals would thus seem to be In complete
accordance with the intent Of the testator. IL
Is quito victory for Mr. Elihu Root and Mt.
ia mes L. Bishop, who bore the brunt OF the ar
Gument in behalf Of the colleges. and whose
w~ro present At Albany when the appeal was
argued and heard the questions put TO counsel
by Chief Judge Andrews He was tho only
member OF tho court, however. who voted to
sustain tho position OF the ex, cutois. ak of
the Judges being In favor OF afirmauce. In
tho Tilden will case the Second Division OF
the Court of Appeals stood three in favor OF tho
validity OF the will TO four against II.
The annual meeting Of the New York State
Bar Association was held in tho Assembly
chamber ut Albany on Tuesday and Wednes-
day under the Presidency OF Mr.. Edward o.
Whitaker Of Brooklyn. formerly Of tho Attor-
ney-Generars office. In his opening address.
Mr.. Whitaker com .lained or the number and
length Of judicial opinions, and suggested
changes which, II adopted. would substitute
brief memoranda for more or less elaborate
opinions in all cases except those involving
new questions. This would be q good thing
In Its effect upon the bulk of tho law reports,
but Mr.. Whitaker appears to overlook the
fact that In many instances q written opinion
Is necessary TO satisfy the reasonable demands
Of litiRants TO b" in formed OF the grounds upon
which the courts decide their cases. A de-
fested sutton may acauiesce In an adverse do
termination which Is shown bv the opnion TO
be based upon q careful consideration Of tho
law and facts. when he would regard II rs un-
Just without such evidence Of judicial thor ,ugh-
ness and fairness. There 10 no need. however.
OF publishing In the Official reports or any
where else the opinions that arc written for
this purpose. whore there Is nothing decided
that has not been decided many times before.
Mr.. Whitaker also proposes that In all Ap-
pellate courts. the opinions sh ,u'd DO an
s 'p, Us '.o'o Vi INC court Ano not
y, a"' 20, JUG spcaAinR 'or inc court
"e'nU' "ouiu aeprNe inc oar ana the
abiiiy ~ IL Sario ~ u r.n .nnE 'no reiatye
late tribunals, which might be rather a seri.
Gus matter under an eleoti'e system OF select
VIZ 'NN'''''
1t Ia announced from Albany that Judge
Robert Earl OF Herkimer Is 10 act a. counsel
in the case Of the ,orm.r polio, Ju,,,c., h.r.
VINO were GRO replaced 's. oy the new City Masis-
Court Of Ann.a,. a,,honah =. 49,. ~,
~, :. y. nD, NJ n,'nouRn no aoes no. OF,
A. q retired member OF tho Court Of Appeals.
Under tho now Constitution, he could be as
signed to perform duty az Justice of tho Su-
promo Court At his own request, but A. the
Governor has not assigned him TO suoh duty.
1t is to be presumed that he prefers 70 prac.
tise law. There are three Supreme Court
Justices retired under similar circumstances
py reason OF age, tho only IMPORTANT differ
oncs being that they receive q smaller salary
Than Judge Earl. They are all At work. how
ever, In the judicial service OF tho State: Judge
Joecpn Barnard o. Pouthkeepsie.in Dutch
Dytsman ~ W.T. piatn. 'Iuks yacks son v.
equity. and Judge George b. Bradley OF Cor.
nlns. IN the Appellate Division OF the Supreme
!" "'ooAn'
AT tho annual dinner OF the Mcdico-Legal
Society. Recorder Coz INDUCED In tho bitter
denunciation Of medical expert testimony
which has become 90 common, and in tho
course Of his speech made tho remarkable
statement that experts Frequently attem pt TO
justify their frequently false testim ny by
saying that they follow tho same course that
LAYERS take" It would DO interesting to
..n mhS.ns erh my msdical expert has ever
False swearing TO the Reeordsr HI II. 9 snas OF
tion that it would be . good thing 70 creste n
constitutional difncuities in the vav ~ .s, s
lishins an officlai class Of w,tnsssn.s VI eStao-
In the Court of General Sessions in tsi. CITY.
on Friday. Judge Eitzgerald rendered q de-