The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-07-13
FAYERWEATHER WILL CASE
THECROSS MEL OF THE ECOMPLAIN-
ANTS DISMISSED,
B quests to Colleges Held Valid by
United States tutions That
WIN Thousands by the Decision-Ynie
Gets 0,DOJ-End OF Contest Thai
Began Ten Years Ago.

New York, July 12-Opinions in the
Fayerweather will litigation We're
handed down by Judge Lacombe in the
United States circuit court, to-day, in
which he held for the several benefi-
Charles and dismissed the amended bills
of complaint and cross bills of Emma
S. Fayerweather and Mary w. Achter,
the complainan.s.
These opinions are supplemented to
and in conformity with the decision of
the circuit court of appeals on the ap-
peal from the order of injunction se-
cured by the complainants.
In the opinions Judge9Lacombe says.
Careful examination in the ingenious
and exhaustive briefs submitted In sup
port of the bill and cross bill, has fall
ed to convince the court that, so far as
the merits of the controversy presented
by the pleadings are concerned, the
pleas are not sound and supported by
the proofs. 1t is constrained so to hold
by the decision by the circuit court Of
appeals on the appeal from the order
of injunction.
1T may be difficult to follow the reas-
oning by which that court reached the
conclusion that there had been an ad-
judication sustaining the proposition
that the leases executed by the widow
and next Of kin were valid and not
procured by fraud; but that conclusion
certainly was reached, and was ex-
pressed with no uncertain sound.
mo doubt the ultimate result of the
litigation in the state courts has been
by refined technicalities to render in
operative, so far as this estate is con-
cerned, the provisions of a statute,
which seems to be the conception of a
wise and commendable public policy"
The Fayerweather will cases have
been in the United States circuit courts
since 1897. The will was filed for pro-
bate in the Surrogate'S office December
8, 1890. The testator had executed the
will on October 6, 1884. and five codicils
were added, the last being signed on
the day of death-November Is, 1890
Under the will $2,195,00 was given spe-
to nineteen colleges, theolog-
ical seminary and five hospitals. The
entire estate was valued at $6,0O0,O0O
After leaving his widow, Mrs. Lucy
$4,000 in cash. his resi-
dence and an annuity of SIS, 900. the
testator, who was childless, gave to his
nieces, Mrs. Lucy J. Beardsley Mrs.
Mary w. Achter and Miss Emma S.
Fayerweather, amounts aggregating
S150,000. The last two lived at Musca-
tine, Ia.
The bequests to the institution re-
aerred to were: Yale university, $780,
100; Cornell university and Columbia
college, 100000 each; Maryville Dart
Bowdoin, Amherst, Williams
and Hamilton colleges and Rochester,
Wesleyan, Lincoln, Hampton and Vir-
5nia universities, $4,000 EACH Mariet-
a. Adelbert, Park, Wabash and La
ayette colleges and the Union Theo-
ogical seminary. $4,000 each; Presby-
erian hospital, St. Luke's hospital and
Eye and Ear IudImary,
25, 900 EACH and to the Woman's hos
,ital and Mt. Sinai hospital, $4,000
'ach. Thomas G. Ritch, Justus l..
3ulkley and Henry B. Vaughan were
appointed executors.
The residue of the estate. approximate
ng $3,000000, was given originally to
he above named institutions, but this
vas revoked by the last codicil which
evised the residue to the executors,
'hen memorandum was attached in
which the testator said he had named |
he residuary legatees in order that |
hey might carry out the provisions of |
he will
Mr.. Fayerweather was the senior |
n rtIlar of the firm of FaVeruaatbar g. |
.adew, leather merchants, of this city.