The daily morning journal and courier., 1897-01-20
TAYERwEATHER CASE DECIDED,

Albany, Jan. 19.-The court of ap- peals to-day decided the Fayerweather will contest, involving the distribution of $S,OOO 900 among educational institu- tions all over the country. The courts decision in the case, which was entitled Amherst college and others, respond ents, versus the executors of the will, appellants, is: Judgment affirmed with costs to all parties appearing by separate attorneys, payable out of the estate"
 Judge Vann wrote the prevailing opinion, in which all the judges but Chief Judge Andrews agreed. Judge Andrews wrote an opinion for rever- sal.
 The effect of the decision is to dis tribute S3,OO0,OOO among the following colleges, in equal proportions:
 Amherst, Bowdoin, Dartmouth, Will Hams, Yale, Columbia, Hamilton, La fayette, Lincoln. Maryville. Marietta. Adelbert, Wabash, Park, the Wesleyan university, the universities of Roches- ter, Cornell, Virginia and Hampton, and the Union Theological seminary.
 According to the provisions of the will, Yale university received $200,O0 and the Sheffield Scientific school $100,- 900 more. This part of the will has not been contested, and Yale has already received about 90 per cent. of the be- quest.
 It was the codicil to the will, divid- ing the $3,000 900 among the twenty col leges, that caused all the trouble, and that has been fought so bitterly in the courts for nearly four years.
 Daniel B. Fayerweather was a we'll known and wealthy leather merchant of New York city. He died on Novem- Der 15, 1890, leaving a fortune of $5,000,- 900 to various colleges throughout the country and many benevolent institu- tons. Mr. Fayerweather left widow and three nieces, but no children. His nieces are Mrs. Mary w. Achter, Elm ma s. Fayerweather and Mrs. Lucy J. | Beardsley.
 There was left to the widow, by the terms of the will, $10,000 in cash, the family home at 145 East Fifty-seventh street, New York, with $100,000 and an annuity of $15,0O0 in lieu of her dover rights.
 | MT. Fayerweather always lived mod estly during his lifetime, considering his means, and his yearly expenses provided for his widow. Mrs. Boards ley received $loO,0Oo, and the other nieces got s2O,000 each.
 The eighth paragraph of the will gave S25,000 each to the Presbyterian and St. Luke's hospitals and the Man haitian Eye and Ear infirmary of New York city, and $10,000 each to the Wo- mans and Mount Sinai hospitals in New York city.
 Of the remaining $4,500,000 about half was left to twenty colleges and univer- sities and to the residuary legatees.
 Under the ninth paragraph of the will bequests to twenty colleges, aggre- gating $2100,000, were made: Bowdoin college, Brunswick, Me; Dartmouth college, Hanover, N. H.; Williams col lege, Amherst college, Amherst, Mass; Wesleyan university, Middletown, Conn; Hamilton college, Clinton, N. Y; University of Rochester, Lincoln university, Lower Oxford, Pa; Vir- ginia university, Charlottesville, Va; Hampton university Hampton, Va, and Maryville college, Maryville, Tenn, $100,000 each; Yale college, $300000; Co., lumbia college, New York city, $200, GOO; Union Theological seminary, New York city; Lafayette college, Easton, Pa. ; Marietta college, Marietta, O.. Adelbert college, Cleveland Wabash college, Charlottesville, Ind, and Park college, Parkersville, Mo, $50,0O0 each, and Cornell university, $2OO,OOO All of the bequests in the eighth and ninth arti- cles have been paid.
 By the tenth article of the will, as originally constructed, MT. Payer weather directed that the residue of the estate, amounting to S2, 300, 000 be held in trust, and be divided equally among the twenty colleges mentioned in the ninth paragraph of the will The original will was dated October G. 1884 but by codicils made as late as Novem- Der 15, 1890, the day of MT. Payer weather's death, the tenth article in the will giving g, 2,500, ,000 residue of the estate to, the twenty colleges named in the ninth paragraph was revoked, and this residue was devised and bequeath- ed to "Justus L. Bulkeley, Thomas G Ritch and Henry B. Vaughn, to them and their heirs forever"
 Proceedings were begun to probate the will but the widow and three nieces objected on the ground that the will and codicils were procured by undue influence and fraud and that the tes- tator was of unsound mind.
 Pending the probate of the will the three residuary legatees made it ap- parent that they did not intend to re- tain any of the s2, 500,O00 for themselves
 They increased the annuity of Mrs Fayerweather from $15,000 to $25 900 and gave her an additional S225 900 ir cash. Mrs. Beardsley got S10o,000 and the two other nieces had their beauests
 increased from s20,0oo to s62, 800 The widow and nieces then withdrew theil contentious, consenting to the proba. ton of the will and stipulated witt
 the residuary legatees to execute g general release from further benefits
 under the will. This release to the re- siduary legatees was formally made by
 the heirs and the will was probated The residuary legatees by deed ot
 gift distributed the remainder of the
 estate, amounting to about s2, 150 900
 among thirty-four colleges and charl. , table institutions.
 Thirteen of the twenty colleges men.