Henry Billings Brown

“ Not only did George's telegram, a copy of which Julia inclosed in her letter of April 19th to Mr. Chandler, expressly mention 'all trust funds,' but it was also mentioned in the original telegram from Chandler to Mr. Cowles of April 13th, of which she probably knew the contents, and her reference to it in her two letters from Newport of April 6th and April 13th puts it beyond controversy that the propriety of including the trust funds was made a matter of discussion. Their conduct subsequent to the agreement tends strongly to show their acquiescence in it. ”

“ Regarding the proposed settlement, she wrote as follows: 'Now, I have a proposal to make to you. Suppose we do away with all lawyers in the settlement of our affairs, for they expect $50 or $100 every time they look at you. You appoint Frank Chandler, who is unquestionably your friend. We appoint Mr. Morrison, who is undeniably a friend to both parties. Let nothing be binding. Frank and my husband are both capable and honest men. Let them look over the securities together in our presence, and try and settle between yourselves. ”

“ Under these circumstances, and for the sake of peace, they agreed to the settlement. If equality be equity, we see no reason why it should be disturbed. From a financial point of view, the agreement may have been a mistake. They acted, however, not without deliberation, and with at least an opportunity of consulting with counsel and with Mr. Morrison, in whom they seem to have perfect confidence. But if the venture turned out unfortunately for them, it is difficult to see in what particular plaintiff was to blame. ”

“ Cowles by this time, and you know you inherit all of Edward's personal and real estate, excepting a few legacies. My advice is to get your property and enjoy it while you live, and to let all wrangling cease, which diminishes the capital; puts every one in hell,' etc.
The next day Mr. and Mrs. Morrison went to Newport, leaving their sister Josephine in New York. ”

“ Cowles said that he was going right over to Paris; to London, at least; that he would see George, and urge this upon him.' Very soon after that Mr. Cowles left for Europe. Shortly after the death of Edward, and on March 12th, Julia wrote to her brother, who was abroad, urging him to return home at once and attend to the probating of the will, and watch his own interests. ”

“ Upon his arrival in New York, which was on April 11th, he called upon the sisters at a house upon Madison avenue, and testifies as follows regarding the interview: 'I requested that they should take that agreement to their counsel who was couducting the litigation against their brother Edward. They consented to do so. ”

“ Chandler advised the sisters not to consult with a lawyer with regard to the proposed settlement. This was strenuously denied by Chandler; but, whether this be so or not, it is evident that the first proposal not to consult with a lawyer came from Julia herself in her letter of March 12th to her brother George, in which she makes the distinct proposal to 'do away with all lawyers.' But, at any rate, the fact is indisputable that they did consult their counsel, Mr. ”

“ That you give up your claim to the annuity you have, they give up their claim to the special legacy of $100,000 left them in your father's will, and that all property, landed and personal, be divided equally among all three of you.' It was apparently upon the basis of this letter, and his subsequent conversations with Mr. ”