New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-10-23
THE TILDEN WILL UPHELD.
NETWORK TO HAVE IT'S GREAT FREE
LIBRARY

NETWORK TO HAVE ITS GREAT FREE
| LIBRARY
JUSTICE LAWRENCE, OF THE SUPREME COURT
HOLDS THAT THE REQUEST IS NOT VOID BY
REASON OF THE UNCERTAINTY OF THE
OBJECT OR OF THE SUBJECT OF
THE TILDEN TRUST.
The disputed clauses in the will of Samuel J.
Tiden, providing for the establishment and main
tenance Of free library and reading-room in
the city Of New-York, are held to be valid in
decision rendered by Justice Lawrence in the Sr-
preme Court Special Term, yesterday. The ques-
tons at issue tested in q suit brought by
george ii. Iilden against Andrew II. Green and
others. The Judge, in long opinion, states that
case and his conclusions substantially as follows:
Ihs action is brought by the plaintiff claiming to be
one OF the heirs at law and OF the late Samuel
iiaen' TO obtain judgment court that the do.
VICES and oeauests embraced in the thirty and thirty
FOURTH and thirty clauses the will were at the
time OF the death OF the are illegal and void
ana that In respect TO the property therein mentioned the
sad Samuel j. Tiden died ntestate and property
vested In dne course OF law In the plaintiff and the other
heirs at law and OF kin and that the
executors and trustees under said will may be required
account for all that portion Of the whoh may re-
main In their hands after establishing certain other
special trusts which provided in said WILL The
oeiendants In the action the trustees
under said WILL the heirs at law kin the de.
ceased other than the plaintiff their personal repre-
natves certain egatees and devisees under the will
ana the Tilden Trust corporation which incor.
porsed by act OF the Legislature State the
2Gth of March, 1887. 1t is alleged By plaintiff
the provisions OF the will the clauses afoe.
said indefinite In their subjects objects. invalid
and unauthorized by law and unlawfuy suspend the alb
soute power OF alienation OF said estate.
The Judge says that the main discussion in the
argument and in the briefs presented was as TO
the validity of the provisions of the thirty
clause Of the will, which is as follows:
request my said and trustees to obtain.
speedily as possible the Legislature of
Incorporation OF institution be known the Tiden
Trust with capacity establish and maintain free
library and reading in the City OF NewYork and
to such scientific and educational objects
said executors and trustees may particularly desg
nate Such corporation shall have not less than five
trustees with power I'LL vacancies in their number:
and In said institution shall be incorporated In
form and satisfactory to my said executors and
trustees during the life time OF the survivor OF the two
lives In being upon which the trust OF general estate
herein invested. is imed-to wit the lives OF Ruby s.
Tilden Susie Whitlesey hereby authorize my said
organize the said corporation.
designate first trustees thereof and convey to or
apply the OF the the rest, residue and
mander OF all real and personal estate not specifically
disposed OF by this instrument or so much thereof as
they may deem expedlent. but subject. neverthe-
to be constituted particular persons, and
the obligations make aud keep good the said special
trusts provided that said corporation shall be authorized
BY law to such obligation.
But such institution shall not be incorporated
during the lifetime OF survivors OF the said Ruby S.
Tden and Susie whlttlesey II for
my said and shall deem 1t nexpeden
convey said rest residue and remainder any part
thereof apply the any part thereof to the said
institution. 1 authorize my said executors and trustees
apply the residue and remainder Of my property
real and personal after making good the said special
herein directed to be constituted such portions
thereof they may deem 1t expedient apply It's
use such charitable educational and scientific pur
poses as the judgment of said executors and rus
tees Will residue and remainder of
my property most widely and substantially beneficial TO
the interests Of mankind
ONE OBJECTION WELL FOUNDED.
The plaintiff contended that the gift contained
in that clause was fatally uncertain, both as to
its subject and object. He also contended thnt
the trust could not be supported by resorting to
the English doctrine of charitable uses or the
doctrine of cy pres and that neither of those
doctrines have any place in the law of this State
As to this last contention, the Judge holds that
the plaintiff is right and proceeds as follows:
1: appears from the evidence the died
the 4h OF August 1885, leaving him surviving his sister,
Peon, the plaintiff and his brother the DEFENDANT
Samuel J. Tlden. jr, his nephews and the deendants
a.
Tden and Susan G. Tlden, his neces who were his only
heirs at law and next OF kin Mrs. Peon has died since
the commencement of this action and her daughter the
defendant Hazard her only next Of kin and heir at
law was by her will, which has been duly admitted to
probate appointed her executriS Ruby S Tiden and
Susie Whtesey the persons named in the said thirty
afn clause, still alive On the 4th day OF January,
1887 the executors and trustees under Mr. Tdens Will
made an application writing 10 the Legislature for the
Incorporation Tden Trust and declared In such ap
plicaon that they elected confne their designations OF
the purposes and objects OF said corporation to the esab
shment and maintenance OF free library and reading
room in the city OF New-fork.
The Judge says that by the act of lncorpora-
ton, Messrs. Bigclow, Green and Smith were de-
clared to be the permanent trustees Of the cor
porstion, and they required within ninety
days from the passage of the act to appoint other
trustees, so that the number should not be less
than five All the powers of the corporation were
vested in the trustees and they received the right
to take. under the will, subject to It's provisions,
the property given to the trust. The trustees
accepted the act of Incorporation and duly or
ganized, appointing Messrs, Orr and Walker ad-
dltional trustees The executors only conveyed
to them the estate authorized to be given them
for the Trust The Judge says that the executors
and trustees have thus divested themselves, as
far it was IN their power to do SO, OF any
interest they had in the resduary estate, and
vested it in the Trust, and have done so within
the lives Of Ruby s. Tlden and Susie Whittlesey'
The Judge hclds that the provisions OF the be-
quest are not void " either by reason OF the
uncertainty of the object of the trust or the sub
iect Of the trust, He declares that it is clear
chat the testator did not intend that the plantif
or any of his heirs should have any portion of
his residuary estate lie cannot find that any
Of the provisions in question are void as being
vague and uncertain.
A CONTENTION WITHOUT FOUNDATION.
The contention that the primary gift IS VOID
because it is entirely within the discretion OF the
executors. whether they will give anything or
nothing 10 the Tiden Trust, is regarded by the
t,doo as ,,,bout foundation The Judge pro-