New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-10-20
THE TILDEN WILL PROBATE.
WHAT WILL BE DONE ABOUT IT TO-DAY

in White Plains az about 10 o'clock this morning.
The probate proceedings will be carried without
any objection from any OF the heirs egatees rs tar
as is known and letters OF administration VIII be
issued to John Bigelog OF Highland Falls, and
Andrea H. Green and George w. Smith. of this city,
the executors and trustees nominated in the will.
When these formalitos have been concluded the ex-
ecutors and their attorney will for the first time ON
clay learn through a representative of the vcknown
law firm of vanderpoel. Green & Cunning what they
have for some time surmsed, if they have read the
NewYork newspapers that the will will be contested.
Papers will be served enjoining the executors from
negotiating the sale disposng of any of the prop
erty intrusted their and practically preventing
them fro exercising functions delegated to them
by the testator.
This step has been contemplated by Colonel Samuel
J. and George H. Tden the nephews. since
the day the will was read in the parors
at Gray.tone They Immediately obtained
the Opinions of eminent lawyers as to the prob
able outcome of the il they attempted TO NAM
tain what regarded their just rights IN the
courts OF the State and were encouraged as 10
employ counsel AID take the necessary steps for max
ing the contest In this they were materially assisted
by the ympathies OF their sisters the Misses huoy
and Susie Iilden and Mrs Caroline Whittlesey and.
In fact by all of the natural heirs Every possible
effort been to conceal the fsct that contest
was intended and tor this reason there has been no
apparent opposition to the probate OF 1.-The WILL all the
heirs except Mrs. Whittesey having acknowledgsd a
citation when the document first offered at the
Surrogate's Cfics on August IL. Mrs. Wbittlesey
nonappearance accounted Tor by the tact thar sue
lived in Florence Wis, and had not had time to re-
spond to the citation Her absence taken advant
age of 10 gain time and through her attorney. Mr..
Brewster of Danbury Conn., she has acted In concert
with the nephcws
On "Wednesday of last week the executors obtained
nkling the to be pursued by the contes-
tant " ben Judgment for sl25OOO vas confessed by
tho Tllden brothers IN favor OF the klnderhook
National Bank. On Monday the superstition gro wing
OF this STEP that the nephews intended TO conSeh,
that their outstanding Indebtedness should be placed
the shape of udgu ents to be lien on the properly
in their possession confirmed by the entering OF
four add tiona judgments in the New-fOrk County
Clerks office Two of them in favor OF j. Spencer
Hosford saiiOner at No. So Cedar-st., in this city,
and living Undertook. and two in tt vor OF Frank
B. Van Astyne. The amounts OF these Judgments
aggregate SlO6. 32s 80 which was owed to various
people in Columbia and adjoining counties Me~srs
Hosford and Van Alstyne assumed the Indebtedness
and procured the judgments in their names merely 70
simplify matters just now lar tnese ahovs
the contest will be known when the first steps are
taken to-day.
Colonel Samuel j. and George H. Tilden and W. A.
Whittesey the husband of the Mrs. Wtitrlesey
mentioned in the will. have been IN the
city Stree Saturday consulting with the attorneys
who viii have charge OF the suIt and yesterday the
Misses Ruoy and susie Tiden came from New -Leoa-
non where they have been living since Executor
Andrew H. Green ordered them TO leave Graystone.
Ii is not expected that any OF these will be present d
the probate proceedings to-day, unless 1t be Mr..
hnlttieSry.
sentative OF his WIFE Ii is said that she will enter
silent protest the will by appearing personally
through her attorney or in any way acsnowedglng
the citation by publication which has proved so elect
ual in delaying proceedings until this time.
As has Been previously stated the clause upon
hich the contest will he made is the thirtyftth or
residuary clause which reads as follows;
Y AZ possible rom the Legislature an act OF incorporation
Of institution to be known as the ten Trust MIN Gds
city to establish aud MAINTAIN Zee library ana
in The city Of New ors and to promote such scrnnc anu
% 'han Ave rrss with mower 10 Mi vacancies IN
porate form and manner satisfactory to my SAID e1eeu
lives being upon which The tiust Of my general estate
herein limited 10 tn nves Of Ruby : Ilden
and susie Wmttle-ty Hereby a',hoIze NY, NY sal 80 ~
and trustees to or1nze me said operation designate as
the the rest rest e ant remainder OF All my real ana
iereof they may deem expeden but subject
niei for particular pei sons and TO the 10 MAKE
good The SAID special tTust- provided That the SAD
institution shall not be incorporated
Sna 4sss a s any %
said rest residue aud OF any par q" 70
ne V OF S and Trustees 10 apply the rest residue
and remainder OF my property real anu ~ La
portions thereof they not eem expeent 70
purposes IN NE Judgment Of my said executors and u
render the said rest resdne AMI remainder OF my
property widely and substantially benenca to the in
forest OF mankind
tismalutaued that this section is not sufficiently
tia directions the and that while
esator may designate his he give that
power to Others One OF the arguments Used is that
nothing 10 prevent the trustees from dispos
my OF the estate for their personal aivsn-
tsge They are not directed 10 incorporate
the Tlden Trust to establish aud MAINTAIN a Tree
library AMI reading room IN the CITY OF Nrw-Iork etc,
but REQUESTED TO Incorporate the Trust Win Ca
Suppose mat ihl. Iru. should be incorporated"
said n lawyer who has gwen tho matter much
IN commenting upon the "iternaiIve
lh- latter part OF the clause TO Do c'htrstr
Is to prevent the executors from applying the rest:
Andrew II. Green instance, tue best means, IN
their uigmeut of rendering the property most widely
There practically limit to the ways In whioh they
the properly entrusted To them he clause ~
Tue Mrssrs Tlden ener TINS contest with the nope OF
uncle heI took charge Of the affair, OF Tliden q
Co. aud engaged IN the manufacture OF phrmacrutica
Y Tden respectively. Elan Tideu, father OF Samuel
George H. Tliden founded the rideu over
forty years ago. lie wa. succeeded By mis- sons,
Henry A. aud Muses. The business .was then proht-
able, ami Messr-. Henry A. and Moses Y. BEGAN
to invest xely outside corporations. Their first
large loss through the Chicago Carboiizng Works
railroad ties that they would never rot aud
would Withstand tue effects OF the weather three times
as long as the ies In common use An enormous sIocn
OF Ties purchased for chemical treatment, when
nre destroyed all tn" buildings an stocE, eniang
large los, upon he Ownrrs Sdnue j. was partner ~
This enterprise but he 10 said 10 have nanage4 as 10
induce us brother 10 assume ,ne en.iTe ~ rad
their names. Henry n also becane hcaViiS interested
Lebanon Springs Railway and lost large sum Oh
L
several others OF his Investments resulted III Ia.so
losses and the nrm OF Tildrn & Co. was on the |
verge OF bankruptcy when samuel j. III |
leu prevailed upon his nephews 10 take |
charge OF the business upOn the understanding thht
be would them through" In dong this they az
,nmed over $500 900 Indebtedness contracted by ther
father, Henry A. aud uncle. Moses 1. 1llden Maturity
they would refused TO attempt " carry such ou
zen had they believed that samuel j. would rVelu-
ally furnish with the release thenseVes
from a debt which had not been contracted through any
fault OF theirr. That his will would bring tee aere
relief they never doubted since the "G"Verboi' !
Samuel j. called by his rem
lives, had frequently expressed his intention |
Df providing for them magnaniuOusiy lnsteai. now
he did not beqne ih them enough 10 pay Ahe
DhlI cations they hal assumed at his request.
In the will I'll made appear that the beqnes. 20
them excreds 100000, but matter OF TACT IL |
Dnly amounts the income OF $4,000 Al |
Dther which seemingly set apart sans |
their beurnt merely cancel ODuEatou7
father and the only that they received u
ectly from samuel j. $4,000 loaned them 10 meet