The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-29
UNIVERSITY OF
VIRGINIA INCLUDED
The Decision Will Give About
500, 900 to the School Con-
test One Of the Most Cele-
brated in the History
Of American Juris-
prudence.
tBy IA,n.oclAted Press.,

known az the FayerWcather VIII case
was decided by the Supreme Court OF tho
United States to-day In favor CT the
colleges. Tho case involves bequcst of
about Sc 800, 600, made to twenty different
colleges by the late Daniel G. Fayer-
weather. a. leather merchant OF New
York, who died in 1890. The Will was
d attacked by Mr.. Taycrweathcr's widow.
and two nices. fraud being alleged. The
case has been pending the courts for
rany years, and has been before the
Supreme Court on several occasons. The
Z last decision In It was rendered by the
Circuit Court for the southern district
4 OF New York, and was favorable TO the
@ colleges. The heirs then appc led to the
supreme Court but to-day's. opinion af-
+ firmed the finding OF the Circuit Court.
Y Tho opinion Of the court was delivered
by Justice Brewer. and held that the
caso had been previously adtudicated.
The beneficiary colleges are: Bowdoln.
Dartmouth. Williams, Amherst Wesleyan,
Yale, Columbia. Union Theological. Ham
ilton. Rochester. Cornell. Lafayette. Lin.
coin, Virginia. Hampton. Mnryville, Ma
4 riettn, Adelbert, Wabash and Park.
The f.FayerSeather will case wa ono
OF the most celebrated and important in
tho annals OF American fJurisprude
Its interest to yirginians lay chiefly In.
the fact that the Will included q bequest
Z OF 10000 to tho University OF Virginia
which. under the present ruling Of the
court win now be delivered. II 80 'sss
Daniel b. Fayerw weather. born In
Connecticut. at llrst o shoemaker, then a
n4.tnber Of this great leather house of8J-
q III SHoyt e. Co., then head of Fayor-
WEATHER & Ladow, died OF consumption
at his home No. II East Fifty-sevehth
Street New York. November 18th 1850 at
tho ago of sixty-eight years. lie left
no descendant. His wife, who for four
I teen years had been an invalid. died July.
l6, 31s.c. His will OF October#6 LISA gave
( her the home and stable. $40, 900 cash, and
In the discretion Of his executors. name;
" of. Thomas G. Ritch, the lawyer who
drew the VIII. and OF Juntus L. Bulkley,
a wealthy leather man, an annuity OF
sl5,6D HIS next:of kin were his three;
p,eces, Mrs. cx-Judge Beardsley. Of.
. Bridgeport. Conn, to whom he gave
$4,000; Mrs. Mary w. Achter. and Emma
8 Fayerweathor. OF Muscatine, Iowa, TO
each OF whom he gave $50. ooO.a He left
also about $4,000 In bequests to en-
pioyes. 81.
Colleges Affected.
He gave 10 five hospitals. in all Sa5, ,0Do--
and to twenty-one colleges, In all e 200,
& tto. namely to Bowdoin. Dartmouth. Am
herst, Williams. Wesleyan, Hamilton
Rochester, Lincoln, University OF Vir-
glria, Hampton and Maryyille Colleges
$4,000 each. To Columbia and Cornell.
10000 each. 10 Yale 10000 and to the
Union Theological Seminary in New
York, and to Lafayette. Marietta. Adel-
bert. Wabash. and. Park Colleges $50, 900
each; Northwestern University also got
100000.
cd Widespread attention.
In the Glrard College vii case, It was
held that tile Christian religion need not
be recognized in the charter of that insti-
tuition: in the Gaines case, that Mrs. N1yra
Clark Gaines owned large interests In
New Orleans real estate; In the Tilden1
case thn + ono clty-New Yoa,k--should
have a library; in tho Flske-McGraw
case, that Cornell University could mot
lake gifts above the limit In Its charter;
tho Vanderbilt and Fair will eases brought
soiAe members OF each family more than
was willed to them: the Leland-Stalford
decision affected one university.
But the Fayelweather contest took q
wider range. 1t affected a large part Of
the higher educational system OF Amer
lea; dealing with tho claims OF thirty-slX
colleges aad universities. and with those
of ten hospitals 4s f:55
Array Of Counsel.
A case involving such important qucs-i
tions, legal and constitu tional such large
interests, and so many claimants. ma turally
drew into itSnot a few counsel, some pt
them eminent in6tlie profession. In the
probate contest John T. Parsons and en-
Judge Arnoux led tho array for the ex-.
ccutors. Tho late Frederic r. "A Coudert'
of counsel for the United States IN the
Behring Sea controversy, md tho late
cx-surrogate Daniel 6, Rollins, appear
ing for the widow and kin In the five
years from 1899 to 1897. In Amherst VS.,
Ritch, In the New York State courts,
there were no less than thirty-four sets
0f COUNSEL some for the executors some
for the twenty colleges others for the
3donees under the deed of3''glft." Among
these werc James 9. Carter lea dor OF the
Ssador to Great Dritain; his brother. ex-
United states Judge " lillian g. choatc;
the late stephen F. Nash ex-Judge Ar
8nouX, ex-Judg ge Horace Russell, ex-Judge
Reynolds, Of Bropklyn;s ex-J udge Stod-i
dard, of Connecticut; John T.. Parsons,
War Elillu Root, the late Ex-Governor
eIIoadey, OF Ohio; the late General Wager
Swayne General Woodford. ex-mnister
Ia spain; the late Martin w. Cooke, Of
Rochester,: the lato William b. T,utney,
James u. Bishop William y HornbloWer,
and many other we'll known men, and op-.
posed to them.S for the widow and kin.
were the late Colonel E, C.SJames and
William Blaikiel In the Federal courts,
from 1887 until now, nineteen sets OF coun-
sol appeared for tho executors and col
leges, while Roger Sherman aud William
Biaikie protected the interests OF the
widow. and next OF kin; aided for the last
three years by ex-Chief Judge Charles
Andrews. Of the New YorN Court Of <Ap'
peals.