The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-11-12
THE rILDEN WILL CASE.

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Why New Workers Are Anxious Opinions
From Prominent Lawyers.
NRw YoRE, Nov. ll.-All citizens OF
New York are directly interested In the
Tilden will contest, for on Its result de.
pends the distribution Of the bulk OF tue
late Samuel ]. TIlden's estate-thRt Ia to
say, whether the estate willbs distributed
among the relatives, or whether the bulk
will be devoted to founding a great library
and educational institution in this city.
The prospects are, 1t would seem, that the
city may have TO look elsewhere for It's lib.
rary and educational institution. A num-
ber oipTominent lawyers were interviewed
on the subject yesterday and those who
were prepared to dlaCusa It seemed to be
OF the opinion that the discretionary
clause in the will Is not valid. Should
such prove tho case the amount the city
will loss Ia estimated at about $l5, 900, 900.
The city may be able to get along without
that sum OF money. So might the heirs;
but they don't intend to, to all appearan.
ces. It Is only another instand OF the old
saying that man should never be his
own lawyer. Then again, upon tho de-
clsion in the Tilden will case II probable
that much depends.
A prominent lawyer, who declined 10
consent to the publication OF his nam0,
told reporter that II "was likely that the
clause in Mr.. SEewart's will giving discre.
tionary powers to exJudge Hilton might
be open to tho same objections Us those
raised in the case Of the Tildcn will. II
in this case" he continued, "the coming
contest mSy Influence other wills-the
Lennox testament, for instance"
General Roger A. Pryor said: Il have
not Careinlly studied the clauses Of MIR.
Samuel ]. Tlden's will, but upon mere
perusal Of the clause you refer to formed
the impression that II was void"
Ex.Judge Abram j. Dittenhteter said:
Il entertain very strong opinion that
tho clause you refer 10, the discretionary
clause Is invalid. had case many
years ago In which there was q clause OF
the same nature. The will was set aslde,"
Mr.. John Duer, Of Martin Il Smith, a
firm ot lawyers who deal very largely with
will aud real estate questions, was about
leaving his Office when the reporter called
to ask his opinion as 10 the legality OF the
trust clause OF Mr.. Tilden's will, II have
not read the will" he said, "but see the
point you wish to bring out. Now, my
opinion IL this: II the money Ia loft by
MIR. Tilden to the trustees direct,
then they can build library,
or II that Is impraoticable anything
else they please. But II the money Is only
left to them In trust for this library pro-
jsCt, then, In my opinion, any clause
granting them further discretion In case
that plan should prove impracticablo
would be illegal. II would be granting
too large powers, and / do not at present
recall any precedent for 1t. Remember,
however, all this is on general principles.
AS to this particular will there may be
something else in 1t which would make
such clause valid after. all. You can
never tell until you read will through
carefully how many Of its clauses may
nulllfy each other"
Mr.. Stephen w. Fullerton smiled when
the reporter began 10 explain the object
oil his visit, and then said he knew what
was coming. ut is very nice point" he
said, "aud probably the only one which
the legatees could have found in which 10
attack the will. could not, however,
give You my opinion otE.hantl, aud cannot
tell you Of any precedent without q close
survey OF my booka."
Mr.. James OTIS Hoyt said that he had
looked up q good many Wills and that he
remembered when reading the TildCn will
that he thought that clause very vague
and wondered what would b0 tho outcome
oiit
"ItiS principal Of law" he said "that
oyery man should make his own will and
| - Fant Nha a(aNtAtnn n1an
How far this principle is violated by giv.
Ing the trustees discretion To act upon
their own authority In case the sChsme In
deceased's mind cannot be carried out 1
should should not DO willing 70 give an
opinion upon without research"
ExJudge Joshua NJ. Van Colt told the
reporter that when he was last In Albany
his friend, Mr.. A. ]. Vanderpool, who
was one oil counsel In the coming litlga.
tion, promised 10 show him copy Of the
will, as he wished 10 consult with him
and obtain his opinion In the matter, but
he did not do 80. Not having thor fore
read the will, Mr.. Van Cott was unable 10
express any opinion upon the qutBtion OF
the trust.
Mr.. Francis r. Coudert had bosn 80
busy with his own CAseH that he had not
given the BubjeC! ot Nj. Tllden'a will
thought. "You can, however" sail Nj.
Ooudert, "rest assured that the fact Of a
litigation over Mr.. Tilden's will confirms
me In the opinion that mo lawyer should
make his own will, or-hO should not
become wealthy" A smile and a cordial
parting closed the brUi interview.
SA$
"rapsr Against Paper"
| TNv+ua,m NJ. ~ iftha E,,snins M,,a.