The Commodore Left Two Sons


On November 19, 1878, nearly two long and galling years after the testator’s death, the favored heirs were at last permitted to commence their defense of the will. Mr. Clinton’s presentation of their case was simple, direct, and vigorous. Disdaining to make any sort of opening address whatever (much to the consternation of Surrogate Calvin, who felt that such an omission was highly irregular), Mr. Clinton at once set about calling to the stand a procession of gentlemen prominent in government, finance, and the professions, who testified briskly and unanimously to the Commodore’s business acumen, his staunch character, and his remarkable clear-headedness until the very end of his life. Ex-Governors E. D. Morgan and John T. Hoffman of New York, as well as Edwards Pierrepont and William E. Dodge, all gentlemen of distinction locally and even nationally, provided an impressive contrast to the magneticians and shady ladies who had testified for the contestant. Mr. Lord rarely bothered to cross-examine them. The only notable exception occurred when Bishop Holland N. McTyeire of the Southern Methodist Church was on the stand. He had been called as a witness primarily to establish the irreproachable character of the Commodore’s widow, whom he had known all of her life and through whom he had been able to cajole the great man into giving away $1,000,ooo for the purpose of founding Vanderbilt University. Mr. Lord rudely asked the Bishop to tell the court what he knew about an earlier husband of Frankie’s who was still living. Before the Bishop could reply, Mr. Clinton, Mr. Choate, and Judge Comstock were all on their feet vigorously protesting that the question was irrelevant, immaterial, and ungentlemanly. The spectators were in a dither. Mrs. La Bau hurried eagerly down the aisle to her lawyers’ table so that she could watch Judge Black more closely as he replenished his chewing tobacco and strode before the bench to present their argument. Even William H. Vanderbilt, usually as stolid as a stone, appeared affected for the first time since the trial had started.

“This is not a trifling matter,” Judge Black rumbled, speaking slowly and with apparent embarrassment. “Here is a man eighty years old marrying a woman fifty years his junior, who came here a stranger, after separating from a husband who is still living. That there should have been bitterness felt toward this woman by the Commodore’s daughters, some of whom were already grandmothers, and that this feeling should have turned the heart of the father against them, are natural results. But there was one exception in the family. William H. Vanderbilt encouraged the marriage, and continued to show as much regard for the woman as though she had not done the injury of marrying the Commodore in his dotage. But the aggravation is immense if, in addition to showing the distress and hatred that this marriage caused, we show that it was unlawful, and that, therefore, whatever influence Mrs. Vanderbilt exerted was not only undue, it was unholy. There are words struggling for utterance here that I am compelled to restrain, and I suppose I have made a bungle of it, but your Honor must understand what I mean.”

His Honor, however, apparently as stunned as everyone else in the courtroom, appeared to be beyond understanding. And so, in a voice choking with emotion, Judge Black went on to spell out exactly what he meant. “That a stranger should sell herself to this old man for his money, taking advantage of that weakness of his nature, is not a reason why a will made under such circumstances should be allowed to stand.”

When he had finished, Judge Black sat down and buried his flushed face in his hands. His apparently real embarrassment at what the necessities of the occasion had required him to say about a member of the fair sex was quite as moving as his argument. There was hardly a sound in the courtroom. Even counsel for proponents, though dark with rage, remained strangely silent. But it was all in vain. Surrogate Calvin, once he had regained his judicial poise, hastily sustained proponents’ objection to Mr. Lord’s question, and Bishop McTyeire was permitted to step down.

But the damage had been done, and there was no joy among counsel for proponents at the Surrogate’s decision in their favor. The witness they had called to establish the sterling quality of Mrs. Frankie Vanderbilt’s characterprobably at her own insistence and against their better judgment—had provided opposing counsel with an irresistible opportunity to tarnish it. Judge Black’s eloquent plea, illogical and irrelevant though it may have been, probed through the one weak link in proponents’ case to an excruciatingly sensitive spot. However great William’s reluctance to compromise with his brother and sister, whether from greed or, as seems more likely, from pure cussedness, he had also to consider the feelings of his stepmother. Her good will and co-operation were essential to him, and he did not dare to risk further aspersions upon the propriety of her marriage to his father. As a lady with social ambitions of her own for the future, this was a subject on which she was understandably touchy.