New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-24

Justify his action In executing the decd OF gift lie
rested under the mputation of selishly raising
Ritch until he was himself made one OF the lega-
eH ,c whsn ne sunnsny sa AUS Win
right; lie was not entirely candid either with
o. an important occasion that the testa,or too
III to be seen. when that served his own purpose:
business OF the utmost moment: and he did not de-
liver Mr.. Ritchs honorable and specific letter to
taken 70 do so. He did not produce the envelope
upon which the memorandum as to more institu;,
lions for benefit Is said TO have been made until
a late day nor did he swear upon the trial before
been had with the testator during his last hours
He was contradicted by Miss Joyce. now Mrs. Hey-
Mods the plaintiff IN the present action ,oo VINO o Ge
and his conduct toward that lady when ne shook
the entire estate. together with his own fortune u
necessary to succeed in the litigation then penn-
vii and the rights that he claimed under It, There
was not such clearness OF memory. 1ranknsss Oh
testimony conclusive. Under these circumstances
the trial not bound by MI Naughan
below rejected il so far as that presumption Is
necessary TO sustain the judgments that they rem
dered.
oThe validity Of this last codicil Will be at
tackled Inv us in the action we are about to in
stitute Our testimony TO the effect that MT
Fayerweather did not know what he was DONG
when he signed 1t will be very strong Inc
witness who will testify that his hand was held
when he signed it offered his testimony TO US
Voluntarily He Is well-known brookI!H
man. whose name you would know should
speak IT,
TO TELL WHAT WAS IN 1T.
..Tben we shall make an effort to force Henry
p Vaughan the executor. and Prescott Hall
Rutler the lawyer who drew the burned codic'.
TO tell what was in it. Two physicians who Wit
messed but did not read, it will testify that
when Il was being executed they hearu MT.
Favcrwea her saw words implying that II gave
ollaua mi
cies had been paid What those other legacles
were is what we want 10 find out III Mr i aver
weather wanted to leave his heirs money that
they have not got they want IT, Ihey wait
what belongs to them. that is all.
"When Prescott Hall Butler was on the stano
In the original suit in the Surrogate's Court, ne
was asked TO tho contents or TINS pufheo
codicil He refused to answer. ana beiore ne
could be compelled to do so. as he would nave
heen an adjournment was secured. This was
before nv connection with the case, ana Deiore
the Court sat again Mr. Fayerweathers WIDOW
who was sick in bed and in positive want, was
driven to a compromise with the executors.
OF her action. she regretted II, and gave the
power of attorney under which all subsequent
action has been taken
MIR. Blake then showed TO the reporter the
document in question, which wcs executed III
1892
1.-THE suit we are about TO begin. continued
Mr. Blake is practically 10 compel the twenty
colleges which won the fight just concluded 10
show cause why. instead OF getting IN. .ne
sum minus what Mr.. Fayerweather intended
TO give his widow and relatives.
"Neanwhile the position Of the three eXecu-
tors whose deed OF gift has been declareo IN
valid Is decidedly unpleasant, inasmuch as the
heavy expenses under which they were piaceo
TO defend themselves and which they met from
the funds Of the estate. must be refunded