The times., 1899-11-10
THE WILL CONTESTED.
The Mnrsh Legacy to Yale Univ ersity
Subject 10 Litigation

'''ANNa ~ AfAtt- hAibH
NEW HAVEN, Conn. Nov. 9.-Robert
II. Waters. Of Boston. nephew of the late
Prof Othulel c. Marsh. the eminent scien-
list. who left practically his entire estate
to Yale University, yaluedat about $l50,O0O,
has today taken the first definite steps
to break the will of the late Prof Marsh.
The VIII was probated in this city last
June and at that time the nephew in
formed the representatives of Yale Univer-
sity that be would contest the viii and
gave formal notice of an appeal Today
( the Yale corporation was notified of an
appeal being filed in the superior court
in which some aston ding alle--tions are
made. The chief clause in effect is as
follows:
That your appellant was the nephew
of the said Othniel Marsh and his only
heir at law, that said Othniel c. Marsh
was induced 20 execute said pretended
viii be reason of undLe influence eXerted
and set in motion by said Yale University
its officers and agents: that said vnive-
sity. its officers and agents. for the par
pose OF obtaining all of Mr. Marsh $ prop
eTty. on or about January 1. 1898. induced
him 10 give and convey to said university
without consideration a large amount of
AN-irl pa bt~t anu HIaC-ltLi4I -DiL'N
valued by said 0thniel c. Marsh at
100000: that said university in pursu-
auce Of their undertaking to obtain the
entire property Induced Marsh to devote
his time, labor and money for the benefit
of the university for many years without
any compensation therefor, and Marsh
thereby impoverished himself and became
deeply indebted whereuPon the universi-
ty instead of paying Marsh a reasonable
FnD1uEDE2TiD fHv limo q and
ditures lent him 0000 on mortgage
upon his real estate in New Haven: that
Marsh for many years prior TO his death
was engaged in deep study. research. and
Investigation; that ne spent almost his
entire time and large sums of money in
said work and in such Investigations he
visited many parts Of the world and was
+ exposed to hardships and danger and as
a result al the time of the execution Of
said supposed viii. he was extremely uer-
vOus and laboriug under the delusion that
there was no future life and that i'm
mortality for human beings was obtained
by reason of some human agency, and he
believed that ii was necessary for him to
make some financial arrangement where
BY he could become immortal upon this
earth. that Yale University. acting by its
officers and agents, encouraged said 9th
mel C. Marsh, in said deIusion and induced
nm TO utitsNt llAtl IL ne hbulA give. Cblt-
yey and devise his property to said uni
Tersity that said university would
take such actions by erection Of
a monument os establishing OF a
museum to immortalize him and he exc
cuted said pretended viii for the purpose
of attaining immortality on this earth. -
At the time Prof. Marsh's will was
filed in the probate court only few
witnesses We're called and little testimony
was introduced 10 sustain the contentious
of Mr.. Waters that his uncle had been in
fuence as alleged. The estate had been
variously estimated al from 81, 600 600 to
$500. 600. The scientific collections of the
late professor were complete and valued
according to the nephew at 81 GOO 600. IN
addition 10 these were orchids which
were sold at auction a few weeks ago
and brought but few hundred dollars
The VIII. with the exception Of a $4,000
bequest TO a Washington natural science
museum, bequeathed the entire estate 10
Yale University. Prior to the execution Of
the viii Prof. Marsh had decided 10
the university his most extensive and val
liable collections