The Detroit times., 1914-04-13
A LITTLE WORD
MEANS MUCH IN
BIG WILL SUIT
Copy Of Vanderp0el Testament
Says ''any"-Granddaugh-
ter Says It's "My"
CASE REvIvES ROMANCE
OF RICH SON AND MAID
Other Son Seeks Relief From
Trusteeship So That He Can
Go Abroad To Rest


NEW YORK. April 13.-Justice Con
will hand down within few days his
decision in one OF the most interest
ing will cases that has been threshed
out in the New York courts. Hear
ings In the case were held in February
and March.
The action hinges on the will OF
Jacob Vanderpoel. descendant OF one
OF the earliest New York families,
who died in this city In 1884. leaving
an estate estimated at that time 10
amount to at least 100000. One OF
the salient features OF the present
action. entitled VanderpOel vs.. Van
derpOel. is whether, by scrtveners
error. the word my" was changed to
any" The original will was de-
stroyed in a fire many years ago.
When Jacob Vanderpoel died 30
years ago. he appointed his son.
George B .Vanderpoel. and Frederick
w. Loew executors of his will. In
1909 Mr.. Loew died, since which time
Mr.. Vanderpoel has acted as sole
trustee. He now brings action to be
relieved of his duties as trustee, 10
have his accounts passed upon by the
court, to have certain real estate
transactions sanctioned and to have
u new trustee appointed.
1t is said that Mr.. Vanderpoel has
long cherished a desire TO make a
trip around the world, but that his
trusteeship has prevented, and that
this Is one OF the reasons why he
now, although about 20 years old,
wishes to be relieved OF his duties.
Recalls Old Romance.
In the proceedings but one snag
was struck to an amicable and speedy
settlement Of the matter. and that
was the claim interposed by Mrs.
Mary Elizabeth Vanderpoel Johnson. a
granddaughter OF Jacob vanderpOel,
and her two children by a previous
marriage. James p. and Helene. Van
derpoel Sinnott. Mrs. Johnson's con-
tention Is that she Is entitled TO one.
fund. which IL said now to be worth
nearly 100000, since 1903.
Jacob Vanderpoel had Ave children.
The eldest son was Benjamin. who
married pretty young serving maid
in his fathers house. The elder Van.
derpoel strongly resented the mar.
riage and a quarrel followed. Benja-
min left home and bride and enlisted
in the union army. Soon reports Of
the courage OF the young soldier be-
gan to reach his father and served
somewhat to dull the edge Of his
anger. Young Vanderpoel was cap
tured and cast into Libby prison.
from which he was exchanged some
time later and returned to the front
At the close OF the war he returned
to his fathers house and died soon
afterward from illness contracted in
Libby prison. He died fully forgiven
by his father.
Terms Of the viii.
The issue OF the marriage of Ben.
jamin Vanderpoel to the serving maid
was one daughter, Mary Elizabeth
VanderpOel. II Is this granddaughter
OF the maker OF the will. now Mrs
Johnson, who is contesting for her.
self and her children the action Of
Vanderpoel VS.. Vanderpoel.
BY the Vanderpoel will. which was
made In 1882, there were created two
trust funds, one Of $4,000, the In.
come Of which was to be paid to the
daughter Of Benjamin vanderpoel, and
the second placing In trust the resi-
due of the estate for the four surviv-
ing children. The will provided that
IL any of the four children or the
granddaughter died leaving children,
the children were to get the same in.
come as the parents until they were
80 years old and then the principal.
1t was further prOvided-and this is
the troublesome clause in the will
that IL any Of the children died leav-
ing no children then the income TO
which the person dying would have
been entitled IL living shall be divided
among my surviving children and the
issue of any deceased child" This is
the phrasing OF the clause In the GER
titled copy of the will In the surro-
gates ONCE, on which the present &C.
ton is based.
In 1887 friendly action was
brought to interpret the will In the
court Of appeals as to the validity OF
the trusts. as there was some doubt
whether the maker Of the will had
not violated the law against perpetui-
ties extending beyond the lives Of two
persons. In this action the court Of
appeals held that the word amy" as
at present construed. was the word
my"
There Is no charge OF improper In.
tent. but Mrs. Johnson alleges that
my" was changed to ANY" by a
scrivener through oversight in MAX
ing the certified copy. lnasmuch as
the words my deceased child" could
- sA1 o. tex L.
derpoel at the time the Will was
made. the change of two letters be.
comes important.
In 1903. Mary vanderpoel. one OF
the four surviving children, died I'M
married, and Mrs. Johnson contends
that she is entitled to one.fourth OF
the income from the big trust fund
from the date OF that death. as well
~ from the $4,000 trust created spe-
cially for her. regardless OF whether
the word In dispute Is my or ANY.
r B. Hibbier Defendant IN Court.