The times. [volume] (Richmond, Va.) 1890-1903, 1897-01-21
rHE r1rsRw.irHhR VIM cAsE.
Eecision of the New York Court of Appeals
Virginia neneticiariei.

The New York Herald prints an Al
bany telegram giving further details OF
the decision in tho Fayerweathcr will
case. The telegram says:
The Court OF Appeals to-day decided
the Fayerweather will contest involving
the distribution of 100000 among cduca-
tional institutions all over tho country.
The courts decision Is: Judgment AZ
Grned. with costs 10 all parties appearing
by separate attorneys, payable out OF the
estate" Judge Nann writes the opinion
and all the judges except Chief Judge
Andrews agree. Judge Andrews writes
an opinion FOR reversal
In deciding the famous case the court
OF Appeals held. I'm substance. that Mr..
Faverweather intended that his rcsiduary
estate. now amounting 10 upward OF 81
900 600 should go TO the twenty colleges
named ia his will. that he would not have
made the gift 10 the rCsiduary lcgatees
had he not been assured that they would
thus dispose of their legacics. that they
had no right TO disappoint his belief hy
disposing Of the property 10 eleven hos
pitfalls and twenty-one colleges. of which
only five Of the former and six OF tho
latter were named I'm the will.
The decision says further that all OBJ
stacles 10 the enforcement of trust being
removed il bound the rcsiduary lcgatces
TO keep their promise 10 the tcstator and
turn over the residuary estate 90 the
twenty colleges mentioned in the Will.
The effect of the decision is TO distribute
g. 900 900 among the following colleges IN
equal proportions Amherst. boWdoin.
dartmouth. Williams. Yale, Columbia
Hamilton. Lafayette, Lincoln. Maryville.
Marietta. Adelbert. Wabash. Park the
WESLEYAN University the universities OF
Rochester. Cornell. Virginia and Hamp-
tou.and the Union Theological Seminary.
Daniel Favcrweather was wealthy
leather merchant of New YORK CITY. ne
died on November D.. 1880. leaving "a TOT
tune of 100000 20 colleges thfoushoul
the country and benevolent institutions
TT, loft only a widow and three uieces-
Mrs Mary q. Achter. Emma = ~
eruoather and Mrs Lucy j. Bcdrdsity
as next Of kin.
Aftcr providing for these the will gave
s95 600 each 10 the Presbyterian and ST.
r.ul<e.s hospitals and the Manhattan Eye
and Ear mfirmary of New York CRY,
and $40 600 each to tho Woman and
Mount Sinai hospitals. i'm New York city
or the remaining Sf5000oo. about half was
left to twenty colleges and universities
and 10 the residuary legatees
Nv the tenth article Of tho will Mr.
Faverweather directed that the residue
held i'm trust and be- divided equally
among the twenty colleges. The original
will was dated October 6. 1855. but oy
codicils made as late as the iay ~ Mr.
Faycrweather's death. the article giving
! tho g. 100000 residue Of the estate to the
twenty colleges was revoked. and this
residue was bequcathed 20 Jusns t.
Buckley. Thomas g. Rtch and Henry
b. vaughan and their heirs forever
Proceedings were begun To probate the
will. but the widow and three nieces ODE
iectcd ON me ground that the will and
codicils were procured hv undue inuu-
ence and fraud. and that the tostatcr
was of uusound mind. The legateos I'M
creased the annuity Of Mrs. Fayerweather
from $1,000 TO $4,000 and gave her an addi-
uonal SD goo n cash. Mrs. Bcardslry goo
100000 and the two niecos had their bee
quests increased from $4,000 90 5000.
The widow and uieces then Withdrew their
contentious and the rcsiduary legalces,
by deeds of gift. distributed the remainder
of the residue. amounting to NlN"o.
among these colleges and charitable In
afffuffOue.