New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-20
FAMOUS WILL CASE SETTLED
THE COURT OF APPEALS DECIDES THE
FAYERwEATHER SUIT.

ABOUT g. 10000 TO BE DISTRIBUTED AMONG THE
COLLEGES WHICH COMMENDED THAT
TRUST HAD REEN CREATED FOR
THEIR BENEFIT.
Albany. Jan. ls-The Court OF Appeals to-day de-.
eided the Fayerweather will contest involving the
distribution Of 100000 among educational tnstit,-
lions all over the country. The Courts decision in
the case. which was entitled Amherst College and
others, respondents. versus the executors Of the
will appellants is: Judgment affirmed with
costs to ell parties appearing by separate attor-
neys payable out Of the estate"
| Judge Vann writes the prevailing opinion, in
(which all the Judges but Chief Justice Andrews
agree. Judge Andrews writes an opinion for re-.
versal In deciding the the Court holds in
substance that Mr.. Fayerweather intended that his
residuary estate. now amounting to upward Of
10000. should 20 to the twenty colleges named
in the ninth article OF his will: that he would not
have made the gift to the residuary leeatees had
he not been assured by them in their behalf that
they would thus dispose of their legacies: that
hence they were under equitable obligation to
so dispose of 1t: that they had no right TO disap-
point his belief, based their promises which
thus induced him TO make his WILL by disposing Of
the property through deed Of gift to eleven hos
pitfalls and twenty-one colleges. Of which only fve
Of the former and six Of the latter named In
the will: that no one can take advantage Of the act
of 1861 which prohibits any person having a hus-
pCnu, VIE, CnlIu OF parent from OeVlS1ng or be-
Queathing more than one-half Of his her estate
TO charitable. benevolent or literary institutions
except the widow or next Of kim who. by their re-
leases, which do not operate transfers waive
and abardon all the rights they might have derived
from that statute that. all obstacles to the en-
forcement OF the secret trust being removed. II
bound the residuary legatees and compelled them
10 keep their promise to the testator turn over
the residuary estate to the twenty colleges men,
toned in the ninth article Of the will
Chief Judge Andrews. who dissents from the pre-
vailing opinion. holds that the releases intend
ed by the parties transfers the resduary lega-
tees and their donees under the deed of gift who
thus became entitled to the residuary estate.
The effect Of the decision is to distribute 100000
among the following colleges In equal proportions:
Amherst. Bowdoin. Dartmouth. Williams Yale.
Columbia, Hamilton. Lafayette Lincoln Maryville
Marietta. Adelbert, Wabash Park Wesleyan Uni
versity. the Universities of Rochester. Cornell Vr-
ginia and Hampton and the Union Theological
Daniel F: Eayerweathsr was wealthy leather
Is, 1870. leaving fortune of 100000 to various
colleges throughout the country and many benevo-
and three necesMrs Mary V W. Achte S"' Emma s.
s's nna, N Mrs Lucy j. Beardseyre
hs sasS the by m S6 6 the >, WI rs Es left
Fifty seventh-st. with si6Oooo and an annuity A Of
sSo in III e s,o Of her dover rights To Mrs Boards
5000 each to the Rres6yssrian and de ST. likes hss
Urinary. and $4,000 each to the womans and
Mount Sinai hospitals OF the remaining s4.5OO:-
Versties and to- the residuary legatees. Under the
Sf as S made All
the bequests in the eighth and ninth articles have
been paid.
BY. the tenth article Of the will. as originally
eS n us and Equally
b SSess the ninth
6. 1854. but by codicils made as late as November
tenth article was revoked. and this residue was
Rifch and Henry B. Vaughan. to them and their
heirs forever" Mr. Fayerweather wrote secret |
uary estate to the twenty colleges:
Proceedings were begun to probate the VIII. but
that the viii and codiciIs were procured by undue
and fraud. and that the testator was Of
they did intend retain Of the g 10000 for
Fsyerweather from $4,000 TO s2S 900, and gave her
and the two nec esS had their seauesis n
creased from $50 900 to s625OO The widow and neces
Of s % and
uary legatees to execute general release IRON
further benefits under the will The will was then
The residuary legatees by deed of gift dstrtb-
about ssl5oooo among colleges and charitable insti
tutions. The only colleges mentioned IN the ninsn
81 sns w OF ef
Lafayette. Maryvlle. Wabash. Marietta and Yale.
ignored and the trustees Of Dartmouth. Amherst,
Hamilton and Williams colleges and Of the uniyer,
trust as to the residuary estate.
Justice Truax set the deed OF gift aside holding
twenty colleges. contemplated by Article 10 OF
the WILL The General Term affrmed this decision
ss aSpeaed from the decision
the General Term. holding, that the heirs Of Mr.
vyhi hghtng |