Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1886-10-28
CONSISTING TILDEN,s Will.

g
The New York World. There have been
rumors to this effect IN circulation almost
ever since the contents of the will were
first made public, but nothing definite
could be learned on the subject. Now.
however, q World reporter sent here to
investigate these rumors is able to an
nounce not only that a contest will be
made, but also how it viii be made and
on what grounds. George h. and Samuel
j. TiIden, the sons of Henry A. Tlden
and nephews of the testator, are to be the
contestants, and it is said by some per-
sons, though denied by A. H. Farrar, the
vice president and attorney for the bank,
that the National bank of Undertook,
n. Y, will be party to the contest.
Since the will was read to the members
of the testator's family at Greystone on
the morning of Monday, Aug. 8, last the
Messrs. Tilden have been quietly obtain
ing opinions as to the validity of the
document, and they now have the views
on that subject of some of the most en-
lnent lawyers in New York city and state.
among whom are Henry L. Clinton
and Aaron Vanderpoel. Mr. Clinton, it
IS understood, has given an unequivocal
opinion in writing that the will can be
broken, and he and Mr.. Yanderpoel are
mentioned as the counsel retained by the
I1ldens to make the attempt to break
it.
The will is TO be contested, not ON the
ground of incapacity, but on the ground
of construction, and for that reason no
objection will be made to the probate of
the instrument when it is offered for that
purpose next to the surrogate of West
oL, 81 A
tice of intention to contest will on the
ground of incapacity must be given be-
fore the will is admitted to probate,
but notice of contest on the ground
of construction may be given at
any time within a year after admission,
The Messrs. Tilden are advised that there
would be no avail in attempting to con-
test the will on the ground of incapacity.
There would be forthcoming they were
advised, abundant and overwhelming
proofs Of the governors mental clearness
and vigOr and entire capacity to make a
will. They were advised, however at the
same time, that the will was assailable on
its construction, and that in that respect
it is really weak instrument. When a
will is attacked on its construction, the
court is asked first to construe the mean
ing of its provisions, and then decide
whether according to its meaning so de-
termined, is a legal document. Mr.. Til
denis will is to be attacked on residuary
clause, which empowers the trustees to
apply to the legislature for an act to cor
porate body to be called the Tilden
trust, and which when incorporated is to
become the residuary legatee. The law
yers consulted in the matter agree that
it is equivalent to be bequeathing to the
trustees under the will the power
to name the legatee of the testator
while they declare that under the
recent decisions of the courts
OF last resort in this country that is pre-
cisely what testator can not do. A tes-
tator, they say can designate the person
or persons to whom he would leave his
money,sbut he can not empower other per-
sons to designate those persons for him.
Under the English law, which they believe
the governor had chiefly in mind when
he made his will, the instrument would be
valid, but under the decisions of the
courts IN this country, rendered mainly
during the last three years, it cannot be
maintained. 1t is suggested that the
governor during the last three or four
years of his life neglected to read the de
cisions governing requests, and thus
overlook the essential principle the
violation of which invalidates the docu
ment.
In view of the importance thus assum.
ed by the residuary clause it will bear re-
printing in its entirely. It is the thirty.
fifth clause or the will, and it may be not
ed that the thirty-third and thirty-fourth
clauses which direct the establishment OF
libraries at Yonkers and New Lebanon
have the same defect, if it really be de-
feet. Here is the clause:
II request my said executors and trus-
tees to obtain as speedily as possible
from the legislature an act of incorpor-
alton of an institution to be known as
the Tilden trust, with capacity to estab-
lish and maintain a free library ard
reading room in the city of New
York, and to promote such scientific
and educational objects as my said execu-
tors and trustees may more particularly
designate. Such corporation shall have
not less than five trustees, with power to
fill vacancies in their number, and in case
such institution shall be incorporated in
form and manner satisfactory to my
said executors and trustees during the
VI GnS SuEfIfO I Oh bu6 GWO lives
in being, upon which the trust of my gen
eral estate herein created is limited to-
wit: the lives of Ruby S. Tilden and Susie
Whittlesey. I hereby authorize my said
executors and trustees to organize the
said corporation, designate the first trus-
tees thereof, and to convey to or apply to
the use of the same the rest, residue, and
remainder of all my real and personal
estate not specifically disposed of by this
instrument, or SO much thereof as they
may deem expedient, but subject, never
theless, to the special trusts herein direct
ed to be constituted for particular per
sons, and to the obligations to make and
keep good the said special trusts, pro-
vided that the said corporation shall be
authorized by law to assume such obliga-
ton. But in such institution shall not
be SO incorporated during the lifetime of
the survivors of the said Ruby S. Tilden
and Susie Whittlesy, or if for any cauae
or reason my said executors shall deem it
inexpedient to convey said rest, residue,
and remainder. or any part thereof to the
said institution, L authorize my said ex-
ecutors and trustees to apply the rest
residue, and the remainder Of my prop
erty, real and personal, after making