New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-29
MILLIONS TO COLLEGES.
FAMOUS SUIT DECIDED.
L. y. Supreme Court Declares ID. b.
FdyerJceather's Bequests Legal.

Washington. Nov oS-The Fayerweather viii
case was decided by the Supreme Court OF the
United States to-day in favor OF the colleges.
The case involves a bequest of about S2,5O0ONO.
made TO twenty universities and colleges by
Daniel e Fayerweather a leather merchant OF
New-York. who died in 1890 The win was az
tackled by Mr. Fayerweather's widow and two
nieces. fraud being charged. The case haA oeen
pending in the courts for many years. and has
been before the Supreme Court on several oc-
casions. The last decision rendered in il was
rendered by the Circuit Court for the Southern
District Of New-YOrk. and was favorable 10 the
colleges. The heirs then appealed TO the Su-
preme Court but to-day's opinion affirmed the
finding of the Circuit Court. The opinion de-
ivered by Justice Brewer. held that the case
had been previously adjudicated. The bene-
fciary universities and colleges are Bowdoin
Dartmouth. Williams. Amherst Wesleyan. Yale
Columbia, Union Theological Seminary HamiI-
ton. Rochester. Cornell Lafayette, Lincoln vir-
ginia, Hampton Maryville Marietta. AdeIbert
Wabash and Park
The Fayerweather will contest involved directly
the interests OF thirtysix colleges and universities
and OF hospitals. The contest was based on
charges Of fraud made on behalf OF the widow and
two nieces.
Daniel 3. Fayerweather was born in Connecticut
IN 1S22 He was first a shoemaker then member
OF the leather house Of J. 3. Hoyt & Co. and later
head OF the firm OF Fayerweather & I-adew. He
died from consumption at his home No. II East
Fffty-seventh-st. this city on November 15. 1890
the of sixty-eight. His wife who for fourteen
years had been invalid died July Is 1S92 His
VIII Of October g. 1854 gave her the home and
stable. so0t0 cash. and in the discretion OF his
ecutors. Thomas G. Rit.h the lawyer who drew
the will and Justus L Buckley. a wealthy
leather man, annuity Of $1,000. His next OF kin
were his three neces Mrs. BeardsIey. of Bridge
port. Conn, TO whom ne gave S00O50. Mrs Mary
W Achter and Emma S. Fayerweather. OF Musca-
tine. Iowa. TO each Of whom he gave $4,000 Be
sides these amounts. about $4,000 was bequeathsd
70 employees
He gave TO five hospitals. in all $500 and %
twenty-one colleges in ALL s2.200.00o. namely. 70
Bowdoin, Dartmouth. Amherst. Williams Wesley
an. Hamilton. Rochester. Lincoln, University OF
virginia. Hampton and MaryviIIa colleges 500 cNl
each; Columbia and Cornell $4,000 each. 10
Yale, 100000; TO Union Theological Sem nary. in
this city. ard 10 lafayette Marietta AdeIbert Wa
bash and Park colleges. $4,000 each. and 20 North
western University 100000 Tho decision does not
disturb any of these requests 1t affects only the
siduary estate. The viii gave this residue also 10
the twenty colleges above named, other than North
western University. share and share alike.
When drawing the will Mr.. Ritch told Mr. Faye--
weather that Chapter 500 of the New York Statutes
of 1860 prohibits a bequest Of in all over one-haIf
OF estate to such institutions if the testato-
left wife, child parent. About Two months
later Mr.. Ritch drew a codici which Mr.. Faver-
residue from the twenty colleges and gave il 70 the
executors. Ritch and Buckley individuals abso-
lutely At the same time Mr.. Ritch drew Mr. Fay
erweather signed and Mr.. Ritch kept memoran-
dunn saying that he had made Ritch and Buckley
his residuary egatees, By said codiCt conf
deuce that thereby his intentions as expressed in
the will. would be carried into effect.
On January :, 1sSS. second codiciI. drawn by Mr.
Ritch made Henry 3. Vaughan a co-execut0r but
not co-residuary legatee On March % 1859 a
toll rYasfl fv-raI
Der 10 1890. five days before Nj Fayerweather died
( Mr.. Vaughan read to him his will and its three
/ codcils. When the will was made. in 1854 he was
worth about S25.1Go A. his death. in 1890 ne jefr
/ upward OF S60O0G00 Mr.. Vaughan who had az
/ one time been his partner, knew what he was
/ worth also that he (VaUghan) 10 be an execu-
tor. but he did not know what he had done with the
| property.
| When Mr.. Vaughan read that Messrs Ritch and
/ Bu!kIey-Who were not related 10 hinl-wsre thus
TO be absolute owners OF S35o00t0 OF residue. with
! mere executor, and MI Fayerweather asked hI-c
what he thought OF it, Mr.. Vaughan denounced Mr..
but not by Mr.. Ritch. Mr. Fayerweatter refused To
see Lhe t2tter ana ne never saw him asaln Mr.
this fourth CodiCiI which duly executed ly
Nj Vaughan kept It. Mr. Fayerwsat2er lied 81.
S'tnraa{, NGVenlqer -, leSU on November i and
III FIiteR At aooqt 2 M on saturtay November -
codcil, this time drawn bv Mr.. Ritch's partner.
General Wexford L gave the residue absolutely
/ 20 AesSFS- ttlcn, EuIHiey and NtuShan
The widow and of kin promptly contested
the will and codicils as not duly executed made
under undue influence by one Incompetent to will
In the days contest MeSSrs Ri-ch, BuIxlev
and Vaughan all swore that they owned the vast
residue o. S3JtOte0 absolutely. Cuuu-
( Sci John f Parsons, drew deed gift IL d.
vided the residue among. not the twenty colleges
the memorandum had directed. among
"other institutions, few, however, OF the twenty
also coming In for share This deed OF gift
while Mr. Fayerweatner had given 10 the Woruau's
Hospital only s100e0-the smallest heques1 he gave
: 20 any hOspital-and nothing all 70 the UEiver-
sity OF the City OF NeHIorll To the Cooper Inst
tUte o the Cancer Hospital gave TO the Cancer
Hospital $4,000, the University OF the CITY 81
Nev-York. S1G0000 the Cooper Institute 500 COO