The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-05-06
ANOTHER FnYERHEArHER sur.
Tho widows Executor wants Hsr Release
AuuullNd.

Tho Fayerweather will case, after passing
through all the State courts possible, has reached
the United States Circuit Court In a suit
brought by John b. Reynolds, as sole executor
of the will of Lucy ~Fayerweather, against Justus
/. Buckley, executor of tho will and codicils and
trustee OF the estate Of Daniel Il. Fayerwenthcr,
in which an accounting is asked for So, O00, 600
claimed TO DO due the heirs. at.law of the widow,
Lucy Fayerweather, and other kin Of Daniel ID.
Fayerwoathcr, loss 1895 900 said TO have been
paid to them under releases OF their claims upon
the estate. which releases are alleged to have
been improperly obtained.
At the time OF his death, on Nov. IS, 1890,
Daniel Il. Fayerwcather's estate was worth
about $8,000,OoO. Regarding Mr.. Faycr.
weathcr's intended disposal of this property by
will and the purposes of the present suit, Lawyer
William Blake, counsel for Mr.. Reynolds, said
yesterday
"When Mr.. Faycrweather made his will he
desired, after making certain requests to rela-
tives, to bequcath the rest of his property to
certain charitable and educational institutions.
He was told by his lawyer that under the law
he could leave but one.half OF his estate to such
institutions. But said tho lawyer. you can
will one-half Of your estate to these institutions
and then after deducting the other bcquests you
can bcqueath the residue TO me, In trust. and l
will see that the money is distributed as you de-
SIRE This plan was carried out. and Justus L.
Buckley, and Thomas G. Rltch, Fayerwoather's
lawyer, were appointed executors md rcsiduary
l~egatees. Subsequently Mr.. Fayorwcather con.
suited Henry d. Vaughan about the matter. and
as II result decided to include him in the number
of executors and residuary l~egatees. Thus there
came to be three executors and residuary legn-
tees, and the reason for making Mr.. Buckley sole
defendant in this suit In the United States Court
was on the grounds of his non.residenco in this
State,
The present suit is brought because Of an
Which assumed that both Judge Truax and the
phases. Tho fact Is that Judge Truax did not
representations duress OF property. and grossly
inadequate consideration upon which the rc-
were signed by the widow and others. Justice
TruaN did not look into these questions. Under
the alleged disposal of the estate the widow
these alleged releases and received 10 to IL per
cent. OF what we claim WAS due them. What we
women Mrs. Beardsley. who resides in Con-
H=Ec r. is INC not e party .r to ibis Il suit, Emma INN as s:
nefrs OF Mrs. Lucy Fayerweather are the ones
concerned in the suit. We allcge a miscarriage
OF Justice and ask the United States Court to
apply the principles of general Jurisprudence TO
this case. on the principle OF the old English
Mr.. BiaiiiTe also said that tho codicils of the
will appointing the rcsiduary lcgatees wero
void for the reason OF their indetiniteness and
because or :heir evident intention TO override
the law prescribing that ono. half only OF a ties.
tator's property can be willed to charitable in.
situations. except in case he has no kin remain.
ing.
The complaint In the suit declares that ut the
time when Fayerweather signed the codicil
appointing the additional resid nary legatee he
was half blind. deaf, and near to death, and did
not fnow what he was doing. He was, 1t is al.
l TS SomPWIsSss s5y t Under Widths, ,thS i nnn u of of
Vaughan. tho complaint alleges. she was told
that she would never get a dollar out Of her
borrow money for food. When she was
almost starving she received an offer OF
IL per cent. OF her sharc Of the estate and was
compelled by necessity TO accept II. Mr.. Rey-
nolds asks that the releases signed by the women
be Rnnulled on tho ground Of fraud. The COM
plant. among other things. states that the allie
cations OF suppression OF tho truth, false repre-
sensations. fraud. and compulsion under which
have parted with their share Of the property
have never been passed upon judicinlly. nor
have the rights of the heirs been protected in
the manner guaranteed by law.