New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-08-27
AGAIN THE WILL UPHELD.
rAyFRWEATHER LITIGATION NOW
GOES TO SUPREME COURT.
COLLEGES AND UNIVERSITIES ONCE MORE
WIN AGAINST HEIRS-AILLIONs AT
STAKE IN CASE.

4 decision was handed down yesterday by Judge
raconb, in the United States Circuit Court, set
r7nE so far that tribunal is concerned, The
Faye-weather viii case Judge Lacombs de-
ctsion confirms the decision Of the State Court OF
AuneaIs OF July, 1887 which admitted the viii OF
Daniel 3. Faye-weather. the wealthy leather uer-
chant 70 probate Under the terms OF the viii the
greater portion OF the estate was divided among
various colleges and universities. Judge Lacombs
decision dlsulisses the action brought bv Lucy Fay
e-weathe-. widow Of merchant. contest the
viii and continued By nieces, Emma Fayer-
weather and Mary Wacbter. II leaves the colleges
md universities in the undisputed possession and
enjoyment granted them
AZ appeal viii be taken 10 The United
States Supreme Court
Daniel B Fayerweather died on November u.
1890 leaving his money. with the exception OF
comparatively small to his widow. 10 be d.
vidsd among number Of educational institutions.
A contest % the viii was al once begun by the
widow. Fer several years the taking OF testimony
continued. Soon after the viii admitted to
probate, the estate. with the exception Of about
z7Neea was divided among the designated colleges
ard universities. Il was conteuded BY the widow
that the signature OF the viii and certain codicIls
were obtained by fraud, and that legally the tesla
tor could not VIII away his widows dover right
Several compromises were effected. and releases
were signed by the widow and other heirs. Later
II vas ALLEGED that these releases were obtained By
fraud and Misrepresentation the part Of the
executors and their counsel Soon after the dis
trf5ut1ou q the estate begun, the widow died
The rEO nieces continued the contest They were
represented BY Roger N Sherman and William
Blake
PREVIOUS DECISIONS IN THE CASE
Al appeal vas taken 20 the federal courts Al
Injunction granted by Judge Lacom5e. stop
ping the distribution OF the money The Circuit
Court o. Appeals reversed the decision, and the
distribution was completed This brought the case
before the United States Circuit Court IN this
court as before, the contestants were confronted
u1th releases signed by them. and as before the
defence was interposed that they had au been OBJ
tstned By fraud and Misrepresentation Many
thousands Of pages OF testimony had been taken
Some Of the well known lawyers who have ap-
-7aa-ed n the Fayerweathe- case are Benjamin L
E7-iS-ov exSec-etary Of the Treasury: Ex-Governor
F5osdFy, Of Ohio: Edward Lautsrbach. Alexander
c-asra the late Stephen P. Nash, ex-United States
Ivdze william c. Choate, Joseph H Choate and
The e-n OF Erarts, Choate & Beaman, ex-Judge
George G. Reynolds OF Brooklyn; the firms Of But
Ter stiIIr1au & E1-bba-d and BrowneIl & LathroP'
ex-Judge Stoddard. Of Connecticut: General Wager
S1avpe the firms Of PuIney & Bishop, THORNTON
Earle s. Kiendl. Chandler and Maxwell & FhlI-
lips william 3 Hornblower. the late austin AO
botr- Adams & COnnstock and HoPp,n q 4aIOoI
lanes : Carter appeared in the last stages o. me
-fai for tie winning colleges. and Eihu Root acted
for them IS leading counsel In the 1ugauon th3t
followed the admission Of the VIII 70 ProoaOe ne
widow and kin were represented oy e4-Cnllec
SAFES Senator George 2. Edrnunds, Of Vermont;
y1-5IFiar Rlsk1e and Colonel Edward c James The
--pc1pal attorneys for the executors were the law
a--s o. Parsons Shepard & Ogden and Arnou2'
Ritch & WoodfoTd-
WHAT WAS TESTIFIED AT TRIALS
A large number Of handwriting experts have been
retained AID il Is SAID that evidence OF more varied
kinds has been taken than il any other case known
70 legal history Il was alleged that FayerWeather
never signed the Will: that after the viii was drawn
and read 70 hin he refused 70 sign II ana oeranoeo
thar second viii be drawn Il charged that
+ts same vii was taken back into the room and
-enresenre6 z one, but that before the nleE-
-EaD- 0ould nut his name 10 the paper ne n7C C-eo
Then il was commended. living hands placed the pen
- ina dad mans hand and wrote MS name
= coclc known as the dying day codlcl'' also
zveC uronI1eEt part il TIE trlal- II was as
lied mai THIS co5ici Of vast importance %
ne Contestants. was puTp0sely burned
% E6yerEeaLher VIII
SAD 9re 81 he lawyers the case, would form
romance u-eouaI1ed and unsurpassed by any wr-Ler
living dead
TIE 5eq1esJs 70 the Institutions were as follows;