New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-18

THE COMPLAINT SERVED YESTERDAY.


OF THE DOCUMENT BE DECLARED VOID.
The complaint OF George II. Tlden tie plaintiff in tho
eroceeings instituted in the Supreme Court to set aside
certain clauses OF Samuel Tldens WILL was served
upon Carter Ledy ard the attorneys for the defendants
yesterday afternoon by vanderpoel. Green 4 Cunning.
the plaintiffs attorneys The complaint which OF itself
Is brief tthe greater Fart OF 10 being composed
OF reprint OF the wilD, was drawn up by
Deics McCurdy, a member of the law firm
representing the plaintiff who has had charge Of all
the proceedings thus far taken the Those named
defendants include the under
The w and ali the egatees named In IT, and Andrew
H. Green. John Bigelow and George W Smith. the
tors and trustees. and Samuel J. Tden. r Mary Pei
ton Laura B. Hazard. Lucy I. Tilden Adelaide f. Blu
chapan. Henrietta A Swan. Caroline Whittesey Ruby
4. Tiden. Susan q. Tilden Anna ]. Gould. Marie
Celeste staufer, Henrietta Jones. John J. Cabin
Maria slnnott, Georgen Johansen. Henry @. Gilbert.
Edward Riley Catherine Burke. Rosa Clark John Lynch,
Elizabeth Gettcns. Dennis O Hare and Daniel Herr
After naming the defendant the complaint continues
The panfin complaining respectfully shows to the court
Thst samnei J. Tiden Ia OF Graysione the county Of
DAY August year 1855 without issue ana leaving
s or a %Gs IN. painful Sa sn @ s fs
II Henrietta swan Caroline Mhttesey kaOy = IN,
and gett to kin who esegPo1 as such hersai
saSne Tien not legally disposed OF otherwise by his last
TnAl a, the death the Samuel Tlden
beng sad s O. re1 and estate pse
Is ned AMI believe Of about hi,een millions OF dollars
nsa' barring se date ne twenty thri day Of April A. D
prOa,e Of both real and personal properly bv tse
suIrsgste he County OF westeeser the 2oh Of
Thsi in and by saa last viii testament the defendants
Andrew H. Green John Bgeow and George W Smith
appointed executors aad trustees they
such exerai"r. aud trustees u ''' uu'e'
That The defendants Laura B. Hazard Adelaide T. buchanan
h as Mara sie' Hen1S IN sqrs s Sns
Byrnes Bridget Gcttns Daniel
follow ing a cory.
Here follows the fun text Of the wi comprising forty
three The first clause revOkes all wills hitherto
made the second John Bigelow, OF Highland Falls.
and Andrew II. Green aud George W. Smith executors
and trustees and the third fourth fifth sixth and eighth
give directions the said Their compensa
ton Is fixed AZ s. 900 each year bonds 10 be
Qed of them in of the death Of the survivors
empowered to appoint his successor. and they
directed trustees of the special trusts, well
Of the general trust created by the will
In the seventh clause provision is made for the dis
charge of debts and liabilities out OF the personal estate
The ninth directs Mary b FELTON, the tcsators
sister. he allowed the of the house. No 80 West
Thirty eignth-st during her natural life and provides
for the Of three separate funds OF $4,000
each. the incomes of which he applied the
of Mrs Peton and Laura A. Pelton la the tenth clause
the executors ordered apply the incomes of two
special trusts of $4,000 each Mrs Lucy Tilden.
the testaOrs ssterinaw and upOn her death apply
the income Of one OF them TO Mrs Adelaide Buchanan.
Mrs Lucy Tildens adopted daughter To Mrs Buchanan
Is also bequeathed the income from 5000 In first
gage bonds Of the Oregon Short Line Railroad Company
and a loan Of 5000 to her husband is
veyed her. In the eleventh clause trust
Of $4,000 Is created for the Of Susan g.
Tdcn of the sisters inaw and upon
her death is to be transferred to the OF Henrietta
Swan. his niece. To Mrs. swan Tden also be-
qneaicd shares Of the stock of the Cleveland and Pitts
burg Raroad Company and separate trust of $500
The twelfth and thirteenth clauses direct the formation
rof1 elQ
Cleveland and Pttsburg Railroad Company. the In
terest of the testator in the Delphc Iron Company and
fund OF $4,000 fer the benefit of Caroline b. Whiresey
a niece.
The heirs OF Moses Y. Tden, Henry A. Tilden and
Mary H. Pelton requested in the fifteenth clause
unite in conveying certain lands in Columbia County to
the executors for the purpose keeping the landed prop
ery together and in the family and the d
reeted TO apply the OF the TO George H. and
Samuel j. Tden, In the sixteenth clause the
Tdcn. ir from debt for cash advances amounting to
$4,000 and mortgage of $4,000. and directed TO
pay certain by Moses Y. and Henry A. Tden
CathaTine H. Person several years ago and assumed
eoag S Ii a4e Ss clauses t%o trust funds Of
directed 10 be set apart for the use OF the two
provide for trusts of Sl5O,0O0 each for Ruby
and susan G. Iillen the twenty second Tor tri; oJ
100000 for the benefit of Miss Anna j. Gould and the
third for trast Of 100000 composed OF first
MORTGAGE per international and Great Northern
Rdirai bonds and first mortgage bonds Of the oregon
Short Line Railroad Company for the use OF Marie
Celeste ctdulef, daughter OF isaac VI view
Orleans The twenty clause directs that Henri
eta Jones. Of Monticello receive 5000 during her life;
THIRTEEN that Mrs Maria sinnott 500 year for five
years aud the thirLXtrst e-q9eaths 81 900 eaeh 10
Catherine Burke and Rosa Clark and 5000 each 10 John
ana Dsnel Herr The thirty third clause authorizes the
executors TO establish a library ana Iree lcaclh1 /
room in New-Iebanon; the thilty fourth provides |
Tor similar building in Yonkers and the tnrtyifth con
ains the directions for forming the iiden trust The
subsequent clauses are devoted prncipaly 10 Ewing IL
recos the executors ana trustees except the last IN
which ihe testator declares II 70 be MS wiz tha ii case
any person who. II ne had dcd interstate would De en-
titled 70 share OF his property or estate sii huer
,I,e.,iing 10 oppose the probate OF will 10 im
peach impair 10 set aside or hVaidate any oi ~
such persons under the will is revoked ana that such
person Shall he excluded any participation in, and
sha any snare portion OF the property or
Edward H. Dixon. OF Hastings on Hudson; Dr.
Charles Z. summons. OF No 742 Lexngton-ave and
leighton williams. Of No ~ Grove-st: New-fork CITY,
After the reprint Of the viii the complaint continues
a. 10 e provisions in said last Will and
oen 20 vii the said aud trustees
the thirty hiri clause thereof which Is as fo
Tsfotird-I authorize my and trustees to
my naive town New n. the mannsr following
wSi, the building stands which erected BY brother
Says IN anSanIns T. about bout
SljUOo and II necessary oD,niH loeasee I'm Me- r.
Petoa o. her heirs. aud from Mrs Lucy Ilaen they
granted ther application TO the esis ature or corpora
en
authorized require, II meet
the heirs OF the !
I'D eiry A. Tden by Mary b. Peton her heirs and by
Vldeu conditions precedent 10 the payment OF the
egacies herein given respectively They shail also
convey corporation. IT, one be cra'ed any interest
which may have in the said premises by executors ana
the creation and equip
s,f AMI 10 invest permanent the said
library reading roa the sam OF ToooV ana Iuitrt
eNce-eing writing instruct /
NV SAL executors apply hosr objects They
az 10 authorized said building and endowment
hereby provided part school for the training OF girls
eXpcdient connection tue IL
bgary aud readin Groom !"
S.eoad-Asr 10 hr prov Oghe thirty fourth clause Of
which follows;
yJourt-I hereby authorize said executors and
trustees Appropriate of estate such manner as
exPeeDt the OF so 600 toward Inc
reading the OF
Yonkefs and such further not exceeding $4,000 as
instruct said
piy 10 My said