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The Commodore Left Two Sons
—and America’s greatest fortune up to that time, some $100,000,000. The legal battle that followed, full of tarts and torts and turnabouts, might have been plotted by Dickens
April 1966 | Volume 17, Issue 3
Next were several clauses devoted to minor bequests to twenty-two assorted relatives and friends of sums ranging from $4,000 to $50,000, and totalling less than $300,000. Then came the grand climax in the eighth clause, which in its entirety reads as follows: All the rest, residue, and remainder of the properly and estate, real and personal, of every description, and wheresoever situated, of which I may be seized or possessed, and to which I may he entitled at the time of my decease, I give devise, and bequeath unto my son, William H. Vanderbilt, his heirs, executors, administrators and assigns, to his and their own use forever.
Perhaps the full majesty of these redundant legal phrases cannot be properly appreciated without the knowledge that the “residue and remainder” to which they refer was still a little more than one hundred million dollars. The will was dated January 9, 1875, and it was signed, with an awesome abbreviation of testator’s Christian name, “C. Van Derbilt,” a variation of the old Dutch spelling that he favored.
In a codicil made six months after the original will was written, the Commodore took some $11,000,000 worth of New York Central stock away from his residuary legatee, but that step brought no comfort to his eight daughters and his wayward son. If anything, it was the touch needed to complete their humiliation, for this quite significant little bundle of stock was divided among four of ths testator’s sixteen grandsons. Five million went to his namesake and favorite, Cornelius Vanderbilt II, and two million to each of the other three. All were sons of the residuary legatee, William Henry Vanderbilt.
We do not know what went on in Mr. Thorn’s parlor when Judge Rapallo finished reading the will, but it is not unreasonable to suppose that there were bitter outbursts from the “girls” and that Cornelius must have stalked ominously from the premises leaving a trail of threats about seeing his lawyer. All we know for certain is that William, in his capacity as one of the executors, gathered the precious document to his bosom and departed at once for the surrogate’s office on Chambers Street to set in motion probate proceedings that would make him the richest man in America. In any event, rumors that the will would be contested spread quickly.
Disputes over the distribution of a decedent’s worldly goods have never been uncommon. They were particularly evident in the United States during the late nineteenth century, when there was a bumper crop of parvenu testators, and the records of surrogates’ courts of the period arc filled with will contests of sensational bitterness. Like other successful men of the time, Cornelius Vanderbilt was proud of his fortune, and he wanted it preserved intact as long as possible. He figured that the most likely way to insure the continuity of both his name and railroad was to leave as much of his money as possible to his ablest son, who had himself produced male offspring, and the devil take the rest. Undoubtedly his lawyers must have advised him that such an inequitable distribution would incur the risk of a will contest and would create a good deal of unhappiness as well. But this was probably the sort of reasonable business risk which would have appealed to the Commodore, and there is no evidence to show that he ever gave a rap about making everybody happy.
During the following weeks, William denied publicly and solemnly that there was any ill feeling among the heirs. No one could have been very much surprised, however, when late in February, nearly two months after the testator’s death, Cornelius and two of his dissatisfied sisters—Mrs. Ethelinda Alien, beneficiary of a $400,000 trust fund, and Mrs. Marie Alicia La Bau, recipient of $250,000 of Lake Shore bonds—informed Surrogate Delano Calvin that they most certainly did intend to contest the validity of their father’s will. The Surrogate put the case on his calendar for March 13. In the meantime, formal objections were filed with the court. The contestants charged that the will was obtained by fraud, circumvention, and undue influence pressed against and upon the decedent by William H. Vanderbilt and other persons as yet unnamed.
On the appointed day, Surrogate Calvin’s courtroom in the county courthouse in Chambers Street buzzed with rumors: Jay Gould, the sinister financier, was backing the contestants’ suit in the hope of winning a ghoulish postmortem victory over his old adversary and eventually gaining control of the New York Central; gamblers, equally sinister, to whom young Cornelius was hopelessly indebted, were threatening his life if he did not go through with the suit; most sinister of all, unknown parties were threatening his life if he did go through with it. There were even a few kill-joys who spread the word that William had finally settled everything by giving each contestant half a million dollars. Surely, it was argued, William would not allow the family skeletons to be rattled in public for the sake of a few paltry millions.