The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-10-25
MIR. rILDEN,s WILL.
1hs Clauses That ars IndsauIts-Ds Decision
In similar Cases,

In Similar Cases,
New YoRE, Oct, 2S.-No steps forward
wers taken in the Tilden will case to-day
Msssrs, Garter 4 Ledyard, the attornoyl
for the executors, have not entered a NO,
tics Of appearance or demanded copy Of
the complaint, and the legal representa-
tive Of George H, Tilden, the contestant
is not ready to serve the complaint
Both sides say that the case will be
pushed with all possible haste. A care,
iul search Of the decisions OF the Court Of
Appeals Of this State in disputed will
cases seems to indicate that the heir who
question: the validity Of certain clauses lu
the last will and testament Of Samuel j,
Tilden will be rewarded, az will the
other heirs, for his hRrdlhood in institut-
ing anit to impeGCh the lsgAlity NJ the
document at the TiRk OF losing the Sl5, 900
which would have been his portion with
ont legal struggle. A great majority OF
the decisions rendered by the Justices OF
the Court OF Last resort in cases analogous
to the Tilden case, have been to the effect
that the testRtor must instruct tho exeCu,
tors as to the exact disposition Of his prop
erty, and II has bean repeatedly held that
aa to the persons or objects
to be benefited, invRlidstss the clause,
and that The property affected must be
distributed among the legal heirs,
The attorneys Tor tho complainant will
doubtless expeud the greater part OF their
energy in attempting tn impress upon the
Court the unusual vNgueuess in the thir-
ty-hlth CLAUSE OF the will, holding that the
executors and trustees are not definitely
instructed as to the objects for which the
largo estate intTusted to their keeping Ia
70 be used, but are requested TO iDCorpor-
ate the TildOn trust with capacity to pro-
mots such objects, provided that they be
Of q scientific or educational nature, as the
truatees may dcsignak0. The testator Bug-
Resls free library and reading room As
things which might be established by tho
trust, but tho words with capacity" in
dictate that the trustees are not bound to
follow the suggestion.
In the ninth clause oil the will, In which
the testator provides for his sister, Mrs.
Mary B. PalLon, occurs sentence which
the attorneys for tho complainant are
likely to make capital Of in an attempt to
show that Mr.. Tilden himself when he
drew the will had doubts as to the inCor.
poration OF the Tilden trust, which he had
should be incorporated. Alter
for & special trust Of $50, 900, the
income Of which is to be devoted to the
lse OF MrB, Pelton during her natural life,
The will directs the trustees, after her de.
cease, to "pAy over the principal sum to |
The TiIden trust hereinafter msntioned, II |
The same shall have been authorized and |
constituted, or il the said TiIien trust
shall not be capable Of receiving the same,
he principal Of the said trust shall be up.
Piled to such charitable objects as the
trustees tor the time Of the said trust may |
designate"
While the decisions OF the Court Of Ap. |
peals oil this State are regarded as having |
been somewhat errRtic in involving the
settlement Of disputed points in the con.
itruction Of wills similar in many respects |
% the points raised by the Tilden will |
contestant, 1t Ia nevertheless admitted |
hat the general tendency had been to in.
iist that the Testament should be specific |
u uUuIlHhhuk tud PERSONS OF opleCLa 10 |
% benefited by bequests and the sums to |
30 devoted to each. On February 20,
1854, nearly two months before the Tilden |
will vas signed, Justice Miller, OF the
Oourt Of Appeals, rendered q decision, in
which all his associates concurred, hold.
ng that clause In the will OF William D.
Thompson, which was similar In nearly ali |
respects to the reslduary clause In the
rilden will, was void because OF indeH-
liteness and uncertainty In the designR-
ion oil the recipients Of the testator's
bounty. The action was brought az In
he case Of the Tildsn contest for the pur.
1ose Of obtaining tho judgment Of the
Jourt as to the construction 10 be placed
IN the disputed clause. The complain
Ints in the Tilden case will probably ar
,ue that the Iilden reslduary bequest Is so
general in its application as to embrace
Imong the benetoiaries almost every
body or everything who, or which may be
considered by the trustees objects Of
'harity, while the defense will doubtless
that tho bequest OF the teatator
o incorporate an institution to be known
IS the Tilden Trust is sufficiently definite
o guide the exeCutors, or u cour. Of
quality, II necessary, in disposing Of the
state.