Evening journal., 1888-10-23

Mr.. TlLDENS WILL STANDS.
His Provisions for the Establishment Of
Vast Library for the city Of New York
win Sow BE Carried Out--rhe Decision.

Ills Provisions for the Establishment of
Vast Library for the city Of New York
win Sow BE Carried out--rhe Decision.
NEW YoRK Oct 98-In his decision sus-
tanning ths will Of the late Samuel j. Tilden
and affirming the validity Of the trust created
by the will for the establishment of a vnst
library for free public use in this city Judge
Lawrence, OF the supreme court, admits the
correctness of the contestants assertion that
the English doctrine Of cy pres is not recog-
nizsl by the law Of this stata The trust
must conform to the statutes of this state &c.
garding trusts IN general. The trustees were
given discretion To designate certain objects
for the trust. They We're elected to coniine
their designation to the establishment IT the
library. They SO informed the legislature
and obtained an Incorporation for that pur-
pose. BY conveying the property as expcu-
tors to the trust they ceased to control il as
executors, and il is now in the hands Of the
trust The question recurs as to the validity
of the trust. The court has the power to
construe the testator's intention aud il finds
ample ground for deciding that the trust as
created conforms to the intention of the
testator II is plain that the testator did not
wish Or intend any OF his heirs at law to
have any portion of his resduary estate.
He provided for them by separate bequests.
and d Jared that any Of them contesting ihe
will should have nothing. The only remain
ing question is whether the trust is IN con
farnify with law Trusts which are uncei'-
tain may be voided This trust, the iudr,
holds, is not uncsrtaiQ The claar intent Is
that the trust be first provided for; but Il
that hc imprlaicable that other charitable
aud educational disposition be made This
is within tha discretion Of tile trustees and
they have lawfully exercised their discretion
The next question Is, wheth II the trust i
void as not provided for IL r. s., 72S-7-9
The court holds that as these statutes apply
Only 70 real estate, they are not applicable tu
this case, where the hulk Of ths property &
personal The contention that the whole of
q resduary estate cannot be given TO a future
corporation is denied BY the judge
The court also denies that the trust vio-
latss the statutes against perpetuities Il
does not extend the testator's control beyond
two lives in being The court also decide.
that if the case is not free from doubt the
benefit Of that doubt should be given in sup
port Of the will, under the familiar rule that
the court should not declare that a testator
died intestate in respect to property which he
has sought to transmit by viii, unless com
PEELED to do so. Again, even if the trust a,
created is not the c rporation designed by
the testator, the court should not adjudge
the viii void for non fulhllment, as it i Pos.
sib|e tnat within the two lives designated in
the viii a corporation answering the testa.
tors views may be called into being, or the
present corporation amended
The provisions for frcc libraries at Yonker.
and New Lebanon We're no6 attacked Tho
whole Will therefore stands, and it is expected
that the trustees y A az once set ahout carry.
ing out the graGt plans Of Governor Tillcu
for the benefit OF the public