New-York tribune., 1900-07-13
DECISION FAVORS WILL.
JUDGE LACOMBE HOLDS FOR BENE-
FICIARIES IN FAYERWEATHER CASE.

Opinions in the Fayerweather Will litigation
were handed down by Judge Lacombe in the
United States Circuit Court yesterday, in which
he holds for the several benehciarles ana as
misses the amended bills of complaint and cross
bills of Emma s. Fayerweather and Mary W.
Achter, the complainants
The opinions are supplemented to and in CON
formitv with the decision of the Circuit Court
of Appeals on the appeal from the order OF IN
junction secured by the complainants.
The defendant institutions and individuals VINO
are benefited by the opinion are Lafayette Col
lege. Cornell University, Marietta CoHese'
Thomas G. Ritch, Adelbert College Jus'uS
Rulkley Henry b Vaughan, Bowdolh ooileee'
Yale University Wesleyan University MaIliaO-
tan Eye and Ear Hospital Dartmouth Ooiese'
Presbyterian Hospital St. Luke's Hospital, Am
bars+ college williams College and Union Theo-
logical Seminary.
In the opinions Judge Lacomh says:
-araf,I examination in the ingenious anu anu "a -
haustive briefs submitted in support nrt % hat so
80 s The merits of the controversy presented g pS
me pleadinss ara are soi ~, the proofs. is con
strained hold by the aeciSlo S, H. order of
Court OF Appeals the appeal from 'ile o'1''
II may % 0e orf reached the conclusion that there
had been an adjudication SUSTAINING ne "a - NY of
Kin were valid and not procured 10y fraud @ pas l,t
conclusion certainly was reaSmg sojnd %o doubt the
Pi+5So+a rssI Of the litigation in the state courts
has been bv refined techucaIties TO render lloper
tive so far this estate Is conceTheQfi 'o
visions OF statute, which seems 10 oT hIic ToItcy
That circumstance however Is lmlla 81 Ia zen @ if
tbaTe mas been miscarriage Of justice CHE paruesD
must submit" Since the former 5pPe%bii bi1s ~ served
.S MSLSaS ~ tbe viii and its codics far as they
@ Pao.a 5,1i+te5 "a probate but also to establish
codicI alleged have been unlaWI9iiiS ~ ad.
and II no valid Will can be estahish@ea 60 20 f y IN
minister and dispose OF the estate as IN case "l HI
Br ybi. in no way changes the situation: the re-
lease bears date subsequent to the I'd If
valid IS a nat oaa az 10 y7Se+SeT This adjudication in
e th sate court Would or would not he bar to
relief iron the additional matter charged in the
AMENDED eeu6i 9 au bar To To the new matter it to
the old matter set out in the bin as II stooo o" "p
neal 10 the Circuit Court Of Appeals -. g..
The plea does not up the release in bar & 3nt
s Goes sf f QP Ert nT oGT Of Appeals has held
stitute an adjudication that that particular tt atea
Fo+b reiesse and adjudication proved, and under
the decision on the appeal from iPIlqIe9n t neas and dis
miss the bin and cross bill
The Fayerweather Will cases have been in the
United States Circuit courts since IS9i- Inc
will was fled for probate in the Surrogate
Office on December s, 1890. The testator had
executed the will on October 6. 1854, and i've
codicils were added the last being signed on
+be dav Of his death. November 10 1890.
Under the will the sum of 50 $4,000 vas given
specihcally to nineteen colleges. a theological
geminary and five hospitals. The entire estate
was valued at S6OO0o0O. After leaving his
widow. Mrs Lucy Fayerweather. $1,000 IN
cash, his home and annuity OF Sl0'oVo' lhe
testator who was childless gave TO his nleces-
Mrs. Lucy J. Beardsley. Mrs Mary w Achter
and Miss Emma s. ACKNOWLEDGEMENTS ag-
eregating S15OOO0. The last two lived at Mus
catine, Iowa.
The beuuests TO the institutions referred 10
were: Yale University, 100000; Cornell Uni
,,ersitv and Columbia University, S2000Oo each;
Afaryyille Dartmouth, Bowdoin, Amherst VIII
Jams and Hamilton colleges and Rochester, Wes-
levan Lincoln Hampton and Virginia unlVer-
ei+ies 100000 each: Marietta Adelbert, Park,
Theological Seminary, $4,000 each; the Presby-
terfan Hospital St. Lukes Hospital ana Ine
Manhattan Eye and Ear Inirmary, S2o,OOO each.
and TO the Woman's Hospital and Mount SINAI
Hosnital. $4,000 each. Thomas G. Ritch, JUS
tus /. Bulkley and Henry B. Vaughan were ap-
pointed executors. ..,~
The residue Of the estate, approXimating
S3 100000. was given originally TO the lnSIllu-
lions named. but this revoked by the last
codicil, which devised the residue TO the eEecu-
tors Then a memorandum was attached, IN
which the testator said he had named the resld-
uary Iegatees in order that they might carry
out the provisions of the will
Much litigation followed, partlcularly III re-
spect Of the residue Of the estate, and the mat
ter has been in various courts ever since.
Daniel 3. FayerWeather was the senior part
ner Of the firm Of FayerWeather LaoeW'
leather merchants, Of this city.
An appeal can be taken TO the United states
Circuit Court from the decree dismissing the
bill. After that appeal would be possible 10
the United States Supreme Court