New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-21
Mr.. EATHER'S MISTAKE.


1t is not safe to assume that the money which
Mr. Fayerweather intended 10 give TO colleges
will soon be appropriated to the institutions of
his selection. 1t is true that the Court OF APP
peals. the tribunal of last resort. has decided
that the trust fund placed in the hands OF the
executors must be distributed among the col
leges picked ont by Mr. Fayerweaher to be the
recipients of his bounty. and may not be d.
vertcd to other foundations at the whim OF the
executors The Court said that. all obstacles
10 the enforcement Of the secret trust being re-
moved IL bound the reslduary legatees and com
PEELED them to keep their promise TO the testator
and turn over the resduary estate to the twenty
colleges mentioned in the will. This would seem
10 settle the question. The will Is proved. the
trust established. and the disposition OF the
property ordered by the highest authority.
Nevertheless such is the tenacty Of lawyers. IL
may be better 10 describe this decision as mark
ing an important stage in the case than as an
end TO the litigation.
For more than five years this case has been
In court and at every turn OF the proceedings
fat allowances have been made to the counsel
engaged on all sides And now in announcing
that the colleges are entitled To what Is left. the
Court of Appeals makes liberal provision for all
the lawyers of all the parties who found an ex-
cuse for being represented by separate co'ln-
sci; and with the prospect of such pickings be-
fore them there was naturally no dearth OF sepa-
rate counsel for many allied interests. Anu,
after all this still further litigation is threat
ened. The famous fourth codlcl, which was
supplanted by the one now ordered TO be ell
forced, and which was afterward burned. sill
has its partlsans. They wish to force the secret
OF it's contents. now so carefully guarded and
threaten TO tie up the estate for another hve
wears IL this can be done. the lawyers will
doubtless profit greatly. The fact that MIR.
Fayerweather's wishes will thereby be further
frustrated will probably not he a weighiy con-
slderation with those responsible for the delay.
IL any such motive had been influential IN the
case from the beginning the twenty colleges
would have had their money long ago and. for
that matter all the discreditable engineering
about new codiclls would never have taken
Mace. Mr.. Fayerweather evidently knew per
fectly well where he wanted his money TO go
In his will he gave the residnary estate to TWEEN
~ colleges. but later to avoid conflict with the
law. he made the secret trust Of the first codicil
for their benefit. That stood until four days be-
fore his DEATH when the engineering for slice
OF the dying mans estate began. From that
day to this Mr. Fayerweaihers millions have
been mOrsel for lawyers TO fight over and make
a good living by while they fought.
Whether the end comes now or in five years,
whether the colleges get the property or 1t Is dis
sipated in litigation. the lesson Of the case II
the same The man who wants to do good
should do IT while he is living Instead OF Civ
ing his executors the pain Of distributing his
money for charity. Mr.. Fayerweather might