Waterbury evening Democrat., 1888-10-23
MIR. TlLDEN'S WILL STANDS.
Vast Library for the City of New York !
 Will Now Be Carried Out-The Decision,

His Provisions for the Establishment of a Will Now Be Carried Out-The Decision.
 NEW YORK, Oct. 23-In his decision sus- talnlng the will of the late Samuel J. Tiiden and affirming the validity of the trust created by the will for the establishment of a vast 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- nlZed by the law of this state. The trust must conform to the statutes of this state re- gardlng trusts ill general. The trustees were given discretion to designate certain objects for the trust. They were elected to contine their designation to the establishment of the library. They so informed the legislature and obtained an incorporation for that pur- pose. By conveying the property as execu- tors to the trust they ceased to control it as executors, and it Is in the hands of the trust The question recurS to the validity of the trust. The court has the power to construe the testator's intention, and it finds ample ground for deciding that the trust as created conforms to the intention of the testator. It is plain that the testator did not wish intend any of his heirs at law to have any portion of his residuary estate
 He provided for them by separate bequests, and declared that any of them contesting the will should have nothing The only remain ing question is whether the trust is in con formity with law. Trusts which are uncer- tain may be voided. This trust, the judge holds, is not uncertain. The clear intent is that the trust be first provided for; but if that be impracticable, that other charitable and educational disposition be made This is within the discretion of the trustees, and they have lawfully exercised their discretion. The next question is, whether the trust is void as not provided for in 1 R. s. 7.9S-729 The court holds that as these statutes apply only to real estate, they are not applicable to this case, where the bulk of the property is personal. The contention that the whole of a reslduary estate cannot be given to a future corporation is denied by the judge
 The court also denies that the trust yio- lates the statutes against perpetuities It does not extend the testators control beyond two lives in being The court also decides 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 mtestate ln respect to property which he has sought to transmit by will unless com pelled to do so. Again, even if the trust as created is not the corporation designed by the teStator, the court should not adiudge the will void for non fulfillment, as it is DOS sible that within the two lives designated in the will a corporation answering the testa- tors views may be called into being, or the present corporation amended.
 The provisions for free libraries at Yonkers and New Lebanon were not attacked The whole will therefore stands, and it is expected that the trustees will at once set about carry ing out the great plans of Governor Tilden for the benefit of the public