New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-24
THE FAYERWEATHER FIGHT
xrw SUIT TO BE BROUGHT BY THE EX
ECuTOR OF THE WIDOW.

GAVE THE REsIDrARY ESTATE or MORE
THAN ssooooco-cosT OF THE LlTlGA-
r1oN-uNPLEAsANT POSITION
OF THE EXECUTORS.
.,,hourh the decision CT the Court Of Appeals
..,asd down last Tuesday closes one stage OF
-. <a,oous Fayerweather will contest, William
,,.,pie counsel for the executor OF the widow OF
a., Eaverweather and kin. says II is not the
g, s,ase bv any means and that the last Is
-, 20, heard OF a case that has occupied the
,r,s and the public mind for more than SIX
.sore IN that time most of the famous lawyers
=, vev-York including Of course. many or the
leaders OF the American bar. have been AT one
.,,,e or another in some capacity connected with
the case.
=, tho contest in the Surrogates Court against
sdrtting the will to probate the widow OF MT
raverweather was represented by Frederic IL.
coudert and Daniel G. Rollins. while the eXecu-
-, -, the will were represented by John f.
persons ex-Judge Armour and General Stewart
L. Woodford
pr, II was in the contest OF the twenty or so
colleges originally named in the will against
.he ,hirtv-fve or so more institutions to winch
,,s executors gave the residue of the property
-, tho strength OF the deed OF gift-of which
,oc,l talent first appeared in all its strength
Tho list OF well-known lawyers who appeared
IN The case IS sufficiently remarkable to be well
co-,h setting down here. 1t Is as follows: tx
sscretarv OF the Treasury Bristow. Ex-Governor
uosdIy Of Ohio. Edward Lauterbach, Alexan-
ae-& Greene counsel for Princeton Stephen +.
x.sb ex-United States Judge William G.
cboate Joseph II. Choate, and the nrm or
rvsr,s Choate & Beaman, ex-Judge George U.
REYNOLDS. Of Brooklyn; the firms Of Butler. still
van Hubbard and Brownel & Lathrop. eX-
nudge Horace Russell, ex-Judge Stoddard, or
connecticut: General Wager Swayne. the firms
O, Putney & Bishop. Thornton. Earle & kiehui'
Chandler. Maxwell & Phillips. William g.
uornhlower Austin Abbott. The writer OF legal
hooks. Adams Comstock and Hoppin & TAI
M, James c. Carter appeared In the last
stages OF the trial just finished. for the winning
colleges. while Elihu Root acted for them as
leading counsel.
In all the litigation that has followed since the
admission Of the will to probate, the widow ana
Kin have been represented by only three lawyers
.x-u-nited States Senator George F. Edmunds. or
Vermont; William Blake and Colonel Edward
G lanes The ex-senator has taken no prom
,rent part in the recent litigation. owing to
family bereavement.
AN ESTIMATE OF THE COST
There has been so much talk about the large
sr,ount Of money that all this litigation has
talon from the estate left by Mr.. Fayerweather
that IL will he a surprise 20 many TO learn that
William Blake one Of the counsel for the con-
fesfants estimates this sum a less than SZoVoo
Of this sum Mr.. Blake estimates that the pro-
oeedings before the Surrogate's Court cost the
estate about So. 500 those before the Special
hofo fha
yern about $1,000 and the last trial before
the Court Of Appeals about $1,000 more. MAX
ing a total Of considerably less than $4,000.
But this does not mean that this IS all that
the PROCEEDINGS growing out OF the Will contest
have cost II means that this Is all Of the ex-
rendjture that will come out Of the estate. The
largest expenses must be paid by the contestants
Of the suit against the validity Of the deed OF
glft This deed OF gift has been decided Illegal,
and the expenses contracted in defending It
must he paid by the unsuccessful parties to the
suit These expenses have been great. Mr..
Blake estimates them al S23OOOo. The winners
in the litigation against the validity Of the deed
u gift. the twenty colleges originally mentioned
IN Mr. Fayerweather's WILL will compel the ex-
ecutors 10 restore to the amount due them the
amount they took from the estate to defend
their case. The principal attorneys for the
ecutors were the law firms OF Parsons. Shepard
ogden. and Arnoux. Ritch & Woodford.
Mr Blake and Colonel James purpose TO
bring In the Supreme Court OF New-York County
suit In the name OF John b. Reynolds. sole
executor OF Lucy Fayerweather. deceased. ct al
against Henry B. Vaughn ct al When asked
the object OF this action Mr.. Blake said
yesterday TO Tribune reporter
OBJECT OF THE SUIT.
1T Is 10 to whom Mr.. Fayerweather gave
his resduary estate Of more than 100000.
This We propose 10 do by unearthing the
tents Of the last codici he made while he was
Conscious Of what he was doing"
Do you mean the fifth codicil?"
NO. / mean the fourth. He made FIVE the
fifth. or last the day he died. November
10, 1890: the fourth one four days before. No
vember II. 1890"
You allege then, that he was unfit to make
the last one?"
so unfit that he misspelled his own last name.
emitting the fourth letter. as reference to the
original. file in the Surrogates office will
snow. Moreover we have evidence that. he
wrote his hand was held by another hand which
guided H. The fourth codicil burned by
vaughan, the executor. in the kitchen range
TWO hours after the fifth signed. and little
later Mr.. Fayerweather ordered him out of the
mousse What was in the fourth codic the Court
o. Appeals has discovered only far as
vaughan saw At to tell. What he told the court
It's own words viii best relate. After tracing
Ar. Fayerweather's steady intention as TO his
residue from the making OF his will in 1884 till
MS death. November TO- 1890 the Court OF APP
peals SAYS:
He showed no change of intention when he
made the Butler cOdicil' the fourth one four
Gays before his DEATH. restoring the express
trust ne created by the tenth article (Which
u'Vided the residue equally among the twenty
colleges. nor when he made his fourth codicir
Should be fifth on the day he died
Again referring TO this last codicil the opinion