New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-21
FAYERwEA7HER SUITS RENEWED
ONLY ONE POINT IN THE LITIGATION
SAID TO BE DECIDED.
PAPERS IN A THREE-coRNERED ACTION OVER
sERvED-REGRETs THAT THE TESLA
TOR DID NOT HIMSELF DIS

TOR DID NOT HIMSELF DIS
TRIBUTE HIS MILLIONS
The decision in the celebrated Fayerwesther will
contest handed down by the Court Of Appeals on
Tuesday. although In favor Of the colleges. Writ
TALLY sets at rest, so far as IL known only one
important point raised in that bitter and long
fought litigation. The Court may have given its
final Judgment upon another important phase Of
the contest. but whether this Is 50 will not be
known until the papers In the case have reached
this city The point decided IL that Justus l..
Buckley, Thomas G. Ritch and Henry b. Vaughan
are only trustees OF the will. and not residuary
legatecs. and, as trustees. will have fulfilled their
obligations to the testator when they have exc
cuted the rulings OF the court relative to the case
The point which several lawyers interested IN
the litigation beliere the Court Of Appeals has
given n final decision IL as to whether the widow
and those next Of kin waived their rights TO the
estate when they made over leases Of the millions
involved in favor Of Ritch Buckley and Vaughan
In view OF the decision OF the Court OF Appeals
the litigation is now brought down to thrce-cor-
nered fight among the estate Of the widow and
those next Of kin. the twenty or more colleges
named as benefciaries. ard Henry b. vaughan
the executor OF the fourth codcil OF the WILL Ac-
cording to testimony already submitted. this codi-
ell was thrown into a stove by Vaughan few
hours before the testator died When this was
done. the ink on the hfth codcil, which gave the
residuary estate to the three executors. was still
wet. Counsel for the widow and those next OF
kin have declared from the beginning Of the liti-
CATION that the fourth codicil. which was made
four days before Mr.. Fayerweather's death. was
to the effect that the widow and the relatives
should receive handsome legacies from the resi-
duary estate before the colleges mentioned In II
received a cent OF the sums wiled to them 1t is
alleged that the amounts Of the legaces were
specified In the codicil which will be the basis or
another interesting suit to break the will. Papers
opening this suit filed before the Special Ses-
sion OF the Supreme Court January by Will
lam Blake. of No. 2O6 Broadway, counsel for the
estate OF the widow and those next OF kin. Com
plants have already been served on Henry b.
Vaughan and Prescott Hall Butler the lawyer who
drew up the codicil. The bringing of this suit
means that It Will be many months yet before the
chain OF seemingly endless litigatlons In the con-
test IL completely woven and decision given that
will be sufficiently sweeping In It's nature. Should
the present case be won by the widow and those
next OF kim 1t would set aside. 1t Is believed the
decision of the Court OF Appeals handed down on
Tuesday
The news that the legal battle over the Fayer-
weather will would yet go for long time
terday that MI Fayerweather did not himself dis
pose Of his millions in his lifetime. II he had done
compelled to seek in the courts to acquire
their rights. or all the suits brought to break the
teresting. It is asserted that vaughans act in
burning the fourth codicil of the will out of the
law and for ths VIII H to-
the to dsSe thai the on ss p0 E
Is still valid. Evidence to the truthfulness OF
these allegations Is said to be exceedingly strong
1t Is intimated that the question Of the mental
condition OF Mr.. Fayerweather at the time when
he lay dying and the fifth codlcil was made may
%h ere e Wam Bahe was seen at his Office
yesterday afternoon he said that II would be a
long time before the contest ended. THE decision
OF the Court OF Appeals" he said "oply puts out
Of the battle Messrs Vaughan. Ritch and Bulke-
ley They are declared to have no power to divide
the estate In any other way than is specified in the
will. The opinions on the decision based
telegraph reports from Albany as printed In the
newspapers. however. Until have read the papers
In the case. cannot express opinion on many
important points. We hope to win the suit pend
ing and will continue to fight for the rights Of
the estate Of the widow and those next of kin with
unreenting vgor."
Colonel f. c. James when seen at his office yes
terday In reference to the decision said that tho
dispatches led him to believe that the Court OF
Appeals had not ruled one OF the main ques-
lions rasednamely. that the releases had been OBJ
tained by suppression Of the facts In relation to
the trusts.