New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-10-21
Mr.. TILDEN'S WILLPROBATED.
THE SUPREME COURT TO CONSTITUTE IT.
THE SUMMONS IN AN ACTION BY GEORGE II. I'LL
DEN sERvEp-NoT A rORMAL CONTEST.

\ TIE SUMMONS IN AN ACTION By GEOkfh H. ILL
DIN sERvED-NoT FORMAL CONTEST.
Aswas foreshadowed IN yesterdays TRIBUNE.
the will Of Samuel j. Tiidsn admitted to probate
by 50 Coffin. OF wes1chester County. at WHITE
Plains yesterday morning fnntest indica-
tiou Of objection the part OF any of the heirs The
proceedings passed ar quietly though every one
perfectly satisfied With the distribution Of tns es
tate None OF the heirs legatees present but
Delos McCurdy and John Yard OF the law firm OF Van
derpoel. Green Cunning, were hand to guard their
Mr.. McClrdy the legal adviser OF Henry
A. Tilden, father OF Colonel Samuel j., George
H., SUSIE and Raby Tlden and Mrs. Caroline
B. WAlttlesey; has acted attorney for Samuel
Tden IN many important legal matters aud Is there
fore thoroughly acquainted with the somewhat comph
Gated financial Affairs Of the 1llien family. The ex-
represented by James C. Carter who drew
the Will. and Lewis Cass LedyafL William A. hittle-
sey. the husband OF Mrs. Caroline B. wnEiesey.
to whom Mr.. Tlden left 100 shares OF the stock Oh
the Cleveland and Pittsburg Railroad and SoOOoO IN
trust. aud Chares r. MaGLean one OF the relatives
who mentioned In the will, were present
avowedy spectators.
When Edward II. Dixon, OF Hastings-on-the- HUDSON
and Dr. Charles E. simmons and LeightonfWiliams, OF
this CITY, who witnessed signing OF the WI, had
scKno wledged their signatures the document JOhn
BgeOw. Andres II. Green and George W. smith quail
ted and trustees and letters testamenary
we're issued to them. They gave no bonds.
the administrator received idea OF how dsagreeabe
the duties i'm posed pOn them bs made by an
in tmafiOn the shape OF umOns IN forming the n
George H. Tilden, VI the nephews who induced
become a partner In the deb,-ldsn Or Of Tuden
Co. upon the understanding bis uncle in ais will
vide the for wipng out the obligations
assumed. woud Request the Supreme Court OF New-York
State to decide 10 tue validity o. tue clause OF the
will creating the p den Trust and delseaung 10 the
executors authority 10 designats tho legatees Inc
summons VIII be followed by comp Amt and the
attorneys for the executors will have twenty days 70
file answer. after which the cas- will be placed on
Supreme Court cshndar for argument
Tden. IL understood that all the natural heirs Will
support him ana arr Just a. mich Interested ID me o
come a. be i" The olect IN having ont one comp
all the interested persons IL to AVOID
the Will deprivIug any heir the validity Of
the document Of his share This the last clause aud
reads:
since have disposition Of nv property according 70
ny best Judgment and since most OF the devs.o or ga
what influences more OF them might po-s ~
desirable 70 avert unseemy or speula.
iteatiols hereby declare Will that case
any prison Who Il ht aed inesiae would be en1e- %
any shaTe Of my popertg OF esi shall unier any pref nee
TalesI ns me tax or shaie - any pIoGeeIne 10
on Si ar iey ~ or S bepeat of .eh person or
persons under tins WIFI is HEREBY revoked such person
shall r. .ned rom by par patton 10 ana sinai aor
portion To- which slch might be entitled u ial '--t
OF ans ustr+pt shal be- devotef q such chartabs par.
poses ny said executors and trustees shall designate
that the act o. requesting the Supreme Court
to consrue viii. especially its thirty fh clause
cannot be legally regarded effort 10
impeach. sinpair aside invalidate any
Of ia provisions. IT, however the courts should
decide otherwise IL Is said that the amount
forfeited Will be ma ie complainant by the
other heirs Interested. Even II this Is not ns. 10 Il
.rguef well Afford tho loss since his wife l.
The heir-sppArent 10 considerable fortune which viii
be al MS disposal
A gentleman wlose sympafhies are enlistet for the
TAien brothers. who Is IN their confidence and
Who therefore. speaks knowingly said yesterday;
ing court to decide s to the consruction Of vii is not
mn ertani H. j. made when ohect 1n j. male ." e paie
o. VII Oh ~ snd Of Ihe ilcaoacy Of iAe sst1,os HIe
gates court Even AFTER vii has been prolated an
probate # he hunks he can prove ineaPae.ty or
unaue nnuence IN ih case Of ee Ten WI TIE supreme
Of g. aase ana decide az 70 the ya.,d,,y he etecnGTs
IN my mind here no question that The courts VII Dc
Il m tho iegisa. are an al incopatioo an n,on
.lsh and MAINTAIN fiee library and reading room ID
nate Thon look al the alternative I'm nstith
lion shan not be so ineoIporl " Z Tor any cause VI seSG
convey -d rrsi residue AMI REMAINDER o, any par,
ami SS WI rst ru ans NV properfv real ana
e1p,sieni apply use such charitable ednoatonal
s eec e lpa as viii t t9 fep .ad Of
resane ana remainder o. my PROPER y most Wgey ana sS
H. r 9 ~ t mn r - ~ m r1,ause e.tae 10
distribute A. they Ike am not respons bic 70 vi ing
Dee their actions while the other hand honest ets
wc the ceator wa- under promise 10 hquiie are unpo-
vled uf u
The Cont OF Appeals has decided several times within tho
few that tcfO cannot legally fecrate to any
e power 10 dispose Of s estate IN An 10 ente M-y
Zach ie~tee sust Doe specifically named anf Tie executors
ninst De directed IN he VIII TO what manner ana ior "a
purpose they distribute TIE estate Many o. these d'c
prior the date that the w written ana
signed The attorneys IN their argument o. the case VIII con-
Inc themselves a.luC - exclusively 20 this point
Andrew II. Green, the only executor who returned 70
city after probate DrOce-dings refused 10 tax
about the intended action u the heifs
James {. Carter said that urderstoOt that papers
had been giving notice OF determine the
validity OF resduary he would not discuss
the poir . rsisel.
George H. Tilden IN the CITY until o'clock last
evening. when he started for Albany. He expressed
himself confident that the courts would decie IN hla
favor Colonel Samuel j. T-d NV A. Whttiesey ani the
M.ss-s Susoand Ruby Tdsn stsrfei for New Lebanon
al 8 4Op m. Mrs. Nhitesey has been IN Nrw.LrOanOn
for thee weeks consulting with her brothers
and their attorneys regarding the proposed
contest
said good authority that the creditors Of Tiden
4 Co. we're IN favor u ienptng 20 set a-ide the VIII
OF undue Influence exercised over the tesla
by Andrew H. Green aud others ana that the exact
IN WHOM the contest would be made was not
untf