Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-10-18
CONTESTING TILDEN-S WILL.
His Nephews Have at Last Determined
Upon the Attempt.
THEY HAVE LEGAL OPINIONS THAT THE RESID-
UARY CLAUSE Is INvALIp-Ir Is HELD THAT
THE TRUSTEES CANNOT BE EMPOWERED TO
NAME A LEGATEE, AS THE WILL PoyIpEs.

THEY HAVE LEGAL OPINIONS THAT THE RESID-
UARY CLAUSE Is INvALIp-Ir Is HELD THAT
THE TRUSTEES CANNOT BE EMPOWERED To
NAME A LEGATEE, AS THE WILL PoyIpEs.
A special to the New York World from New
Lebanon says: The will of Samuel ]. Tilden,
II present intentions are carried out, is TO be
contested. George II. and Samuel j. Tilden,
the sons of Henry A. Tilden and nephews OF
the testator, are to be the contestants and Ii Is
said by some persons, though denied by A. IL.
Farrsr, the vice president and attorney Tor the
pank, that the National bank of Undertook,
Ny, will be party to the contest. Since the
will was read TO the members OF the testators
family at Greystone on the morning OF Monday,
August last, the Messrs. TiIden have been
quietly obtaining legal opinions TO the
validity of the document, and they now have
the views on that subject of some of the most
eminent lawyers in New York city and state,
among whom are Henry l.. Clinton and Aaron
j. Nanderpoel. Mr.. Clinton, IL is understood,
has given AN unequivocal opinion in writing
mat the will can be broken, and he and Mr..
Nanderpoel are mentioned as the counsel re-
tanned 10y the Tildens to make the attempt u
break ii.
The will is to be contested, not on the ground
OF lncapacity, but on the ground of construc-
tlon, and tor that reason no objection Will pe
made TO the probate OF the instrument when ii
Is offered for that purpose on Wednesday morn
ing next 10 the surrogate OF " estchester county
at w hlte plains. n notice OF intention TO CON
given before the " Ill is admitted TO probate but
notice OF contest on the ground OF construction
may De given at any time within year after
admission. The MessIs. Tiiden have been ad.
Nlseu That there would be no avail IN attempt
ing TO contest the will on the ground OF inca.
paci,y. There would be forthcoming, they were
ADVISED, abundant ana overwhelming proofs vi
the governors mental clearness and yigor and
entire capacity to make "a will. They were ad-
vised, however, at the same time, that the will
was assaiiabe Oh its construc ZION, aud that IN
tnat respect IT Is really weak Instrument
when Will is attacked Oh its construction, lie
court Is asked first To construe the meaning vi
It's provisions, and then TO decide whether, ac-
corulng to its meaning So determined, 1t Is
a legal document Mr.. Tildens will Il
to be attacked on the residuary clause
legislature for an act to incorporate "A body To
De called the Tilden trust, and which when in.
cOrporated Is to become the residuary legatee.
Inc lawyers consulted In the matter agree that
TINS Is equivalent to beQueathing TO the trus.
tees under the VIII the power to name the lega-
Tee oi The testaOr, While they declare that unuer
the recent decisions Oh the courts OF last resort
IN TINS country that Is precisely what teslator
cannot DO. testator, they say, can DIES gnate
tue person or persons 10 whom he would
leave his money, but he cannot empower other
persons 10 designate those persons Tor him. Tn
DER the English law, which they believe the
governor mad chiefly in mind when he made
MS VIII, the instrument would be valid, but
under the decisions vi the courts in this coun-
Try, rendered mainly during the last three
years, IL cannot be main taiued. Ii is suggested
years oI his lie neglected to read the decisions
governing requests, and thus overlooked the
essential principle, the violation vi which i'll
Vaiidates the document.