New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-10-24
Is TILDEN'S WILL INVALID
sonE OF THE prEcEDENTs ESTABLISHED.

M stems forward were taken in the Tilden
s,n nase yesterday. Messrs Carter aud Ledyard 'no
attorneys for have not entersd noce Oh
app~arancc or demanded cory OF the complaint, anu
relos McCurdy legal representative OF George IL
Ti,deu the contestant not ready to serve the COM
ulsL Both sides that the case Will be pusnea Win
ali possible haste.
careful search OF the decisions Of the Court OF Ap-
psals Of this State disputed will seems to indi
cate that the who questions the validity OF certain
clauses In tho last will and testament or Samuel j.
TIden will be rewarded will the other heirs FOR his
hardwood Ia iusttutng suit to impeach the esaty oi
the the risk of losing the $4,000. when
would been his portion without legal struggle
great majority Of the decisions rendered by the JUS
tees OF last In To tue
Trden case have been the effect thai the tesiator
must the 10 tho exact disposition
OF his property IL has been repeatedly held thar III
objects 10 be benefited
fuvsdass clause, aud that tho property affected
must be distributed among the legal heirs
The attorneys for the complainant Will doubtless ex
pend the greater part OF their energy 10 attempting 10
impres. upon the unusual vagueness In the
thrtyfith clause of the VIII, holding that the exec
utors and trustees are not definitely instructed
o. to the objects TOR which the estate entrusted to
their keeping be usei bur requested to moor
porate tho Tidep Trust ,ch capacity to promote snch
objec provided that they be OF scientific or eduea
tional nature, as the trustees may designate. The
testator suggests free library and reaiingroom as
things which might he established by the Trust out tue
words cap city" indicate that the trustees are
not bound follow tho suggestion. The thirtyhith
clsuse exact meaning OF every word of which VIII
DO weighed and discussed by the parties to the suit
= ads "a follows:
request SAID executors and trustees to obtain as
speedily possible from the Legislature an aet OF ncoIor
scIy maintain free library aoS roam sm
% my d saS Scrno &a @ St
their number ana in ease sad o 10 an IS exr
tors trustees during the lifetime OF the survivor OF me
herein S es SSsY neG to wiz the lives Of aSy
and trustees to organize the corporation the
first trustees thereof AMI to convey 10 or Apply 70 1
specifically disposed OF by thus Instrument
DeSera"Sess to the Special trusts heien arected
s s tcs ,ca o b % trusts proSe tha, the said
CORPORATION shall be by Law "a, m ne nSm
during tie eh 81 s Or % sSy , "u s or reason y
shall esi inexge'sn 70 con,
apply part thereof TO the said Institution
and rerai er OF my property real and
good special trusts herein directed TO be consttu
apply to its use to such Charitable scientific
p will r.nasn o s d ct se snS NY
s est Of mankind
IL tho uintn clause of the WILL in which tho testator
provides for his SISTER. Mrs Mary b. Peiton, occurs
likely TO make capital OF III an attempt to show mat Mr..
the of the Tlden Trust winch he had re-
quosted should be Incorporated Aher providing Tor
devoted the OF Mrs. Peltun during her natural lie,
the will directs The trustees after her decrease to pay
the principal the Tidon Trust hereinafter
mentioned. the shall have been authorized ana
Constituted. or II the said iden Trust shall not lie cnp
bic the same the principal or The said trust
shall be appned 10 such charitable ooecs - the trus-
While the decisions tho Court Of Appeals OF this
Stale are ressried As having been somewha. errac ID
cases iDvoving the settlement of dspnt" points IN the
construction OF wills similar IN may respects
ties ant IL is nevertheless, admitted that the
general tendency has been to insist that the testament
should be specific III nominating the parsons or Objects
=" be benefited by bcQuests and the sums TO be devoted
TO eacD.
farmer named Bousor who nved Mr.. Illdens
birthplace. IN his will brqueatnod a sum OF money IN
his devoted to such Charts able
purposes they might select Tue Walt lty OF The be.
in favor OF the compliment In the Roosrv IL will case
Tins decision Was aud tue caase IN a.pnte
beneficiary was sufficiently well indt-
Tldrn Will was signed, Justice Miller, OF the Court OF
Appeals rendered decision which u his Associates
CONQUERED. holding that cl use III the Will OF william
3D. thompson. which was snil IN nearly all RESPECTS
TO residuary cau In tho Tden WILL was v''i be-
OF nenlteness ana uncertainty In tho desi-na-
clause gave To Thonnsons bond .ni stocks
accounting at ther value 10 the sum OF %looooo III
orsanzei under the Laws OF tn safe OF New
York or The state OF Marylan1, o,a hs snnts
upon permanent for CHI ,riape or eiucst' ona
select aud In suoh sums ~s they sn"u determine IL
dill eciei that the selection and distribution DE- naho
and fully completed within The ftliue OF the louYer
liver of The ana II possible, before the
expiration of three years after the trstsiors DEATH lhe
action was Fought - III the cas- OF me iiien contes
purpose of obtaining the in igment of the court
To the construction 10 be placed on the disputed
In Mis- opinion Judge Miller said that the most I'M
portant question Raised related TO the 0esgnaon OF
III. Iouecs who receive the amount to he dis
ribnted among Incorporated societies WITHIN the TWO
States PANIED. lie SAID 10 part:
IN
be made embraced large number Of institutions WITHIN the
Limits Gon yf ta The p wS ws n" e
in tins respect and Ills amed .at IT Is vod ny reason OF III
ocular institutions or cass OF institution wllcn we're to
vested nauet is Beyond what ordinarily is
conferred upon mos VINO are @ 20
tees with authority TO Distribute In their dscrct hon No OBJ
upon them II they are unable or Tor any reason IAN 70 per
FORM difficult " sec now court OF equity could enforce
rnoiher ilc uy presents obstacle carrying
sstDg ~ every corporation within Two states the eli rae
any speciuc portion OF the bcqnes
cies exist which prevent ',iiGIn Of The fund intended
10 oe created by the lesltors mi a@d a ny Reason 81
eea,ty The selection OF n9 Who Mould oe entitled 10
Tho coimpiainants ia tue Ihdou will probably
argue rden residuary bcquest so general IN
application To embrace among the Denehcaries al
most every body 0. everything wno or which may be
considered by OH cts OF charity, while the
defence Will doubtless anu that the request OF the
teslaVr TO Incorporate all institution to Oo known AS
the Hidden Trust sufficiently definite 10 guide the oX-
ecutoi. court OF equity. II necessary in disposing
OF tue estate. The defence VIII doubtless point TO The
decision In the case OF Power against Cassidy. IN
which 1t held that "a clause somewhat vague
IN expressing the intent OF tue testator could %
enforced In that the testator Dequca he'd TO his
executors the balance OF his rosduary estate Ito be
civided by them among such 'nan Catholic charties
lpsulutions schools, churches In the city OF New
York as a majority or my executrx aud executors snail
decide, aud in such proportion as they may think
proper"
Another precedent which likely be referred to by
Of the Court of Appeals
III the case will OF Mary o Hara, which
dorrd eight days before Air. Hidden executed his WILL
and which al racted considerable attention at the
time. rne OHara will gave the bulk OF the
Was panied Dy letter OF instructons debating
that the OF specified portions OF the fund lie.
rived from estate should be given 10 ndoer
of their selection aDd any surplus of income TO
such charities they might select. IL Was held that
he gift not - absolute
4. HALL Lad