New-York tribune., 1888-03-22
THE GREAT TILDEN TRUST.
o1osNe ARGu,lENrs IN THE Will CASE.

Tdop for the construction OF the clauses 10 INC WIN
Of b,s uncle, samuel j. Tlden, establishing tne i'ach
Trust and providing for frec libraries
yonsers and this city, were heard By Justice Law
-. 4, ,hs supreme Court, special Term, yesterday
~" ..susors who are the defendants In the case
1.hn p,..,ow Andrew Il. Green and George W. Smith
-var All present stephen A Walker, ex-Judse
uorsoa Russell aud Morris Miller were also there
Ts,,cs McCurdy, Smith Weed and Lyman D. Brewster
,snysssntod tho plaintiff, and cx-surrogato Daniel O.
pclIps james C. Carter, cx-Judgc George F. CON-
stock and Lewis cass Ledysrd appeared for the do
ieudants
Mr. McCurdy argued that the testator was man
of rrest ability Of clear mind and master of Ian
wuaecs ana himself prepared the viii, and what was
NOT clearly indicated his intentions should not be
carried out The teststor had three definite objects
In viewto benefit mankind to establish the trust and
TO execute charitable purposes leaving the property
Ia be thus used as the executors deemed proper.
CAN TIE TRUST BE YxECUTfDf
Tho tr,st was so indefinite and uncertain that II
x.s tncapable OF being executed Unless the trust
Was so constituted that the court could Indicate What
the executors and trustees required to do and
how they were to carry out the objects OF the testa
tor Il must DO pronounced invalid The clause
vested no interest IN any specified person. and as It
stands without tho aid Of extraordinary power,
NOT possesscd by the Supreme Court, it would be In
capabe of execution. II the clauses Of the will In
oueston wcrc to be construed giving property for
cbari able purposes, then 1t must be borne In mind
that no trust could DC upheld under the laws OF this
State for charitable purposes unless they were so spe
cicay forth that the court could not only clearly
vee what those purposes but could also ascertain
the amount Of the trust property conveyed and the
benefciarics under IT,
Tberc was nothing In the will to indicate the amount
of tho property to be used for the purposes Of the
trust. There specific direction that the cx-
ecutors should give anything In any prescribed
direction. II simply authorized and permitted them
to do certain things, but did not command them to
do anything Mr. Tden did not declare his
Intention to vest the property In the Tidcn Trust or
in any trust but vested the entire resdnary estate In
the executors and gave them power to dispose OF It,
The provisions of these clauses of the viii were con-
trary the statute against perpctuties and did not
limit the beques to two lives In being. The limita
ton to the trust was left entirely to the trustees
The provisions could not be upheld as an exccutory
devise beqnes and the trust must be declared void
a. not sanctioned by any statute OF the state.
Mr.. ROLLINS CPHOIDs THE WILL
Ex-surroeate Rollins said that the construction Of
the disputed clauses In the will matter requir
ing weghty consideration and Of great Importance to
tho people for whose benefit Mr.. Tden had intended
them. 1t involved the disposition of property worth
from 81 1000 900 to s5Oc0Oo0. and 1t was TO be de-
cfded whether Governor Tden who was an eminent
lawyer and man Of great learning and Intelligence
knew what no doing when he made his will or
had mserably failed In setting forth his Intentions
II was to be decided whether this vast estate was
to pass into the hands Of those for whom It was not
intended or whether It was to be devoted TO the use
Of the public for all time In accordance Win the ue
Mr.. Tiiden was an eminent citizen who had ooen
dignity and importance He had heen counsel to the
corporation. delegate to constitutional conyentions.
OF New-York He was the acknowledged leader Of a
political and ssS mscry
wish for bis accession TO the Chief Magstracy Of the
Republic. Al the date of the viii he was advanced ed IN
OH rtaar rnfvda
large fortune and he had made liberal provision for
his nephcws and ncccs. He was born In this state
city. When he made his viii he was resolved to per-
pefuate his memory and benefit his fellowcitizens
clauses Of the viii which we're here to be construed
II clear that he had declared in unqnalifed terms
Otherwise provided for his next Of kin and had
provisions for them satisfactorily to himself and II was
& s Of s ss a ft made for
Tldens next Of hin and declared that il his wishes were
carried out
A GREAT LIBRARY FOR THE CITY.
Tho testator had In mind IN establishing the Tilden
Trust the giving to this city Of larger library than
given to any community In the world. He
had recognized the possible difficulty OF having his
intentions In this respect carried out and had, there
FORE inserted the alternative clause In the WILL Mr..
Rollins insisted that the trust could be carried out
The testator's preferences clearly manifested
He directed that charter should be obtained for tho
Tilden Trust and that it should bear his name
Did this mean nothngf He would not contend that
the alternative clause. giving the trustees power to
select the charities to which the property might be
applied was good In law nor would he concede thai u
was bad. What he claimed was that the trust nrst
s%s Of sixteen states of this country would beyond
all doubt, be sustained The law In this state roo,
decisions Of the cOur. Of Appeals Let it bc assumed
for the sake Of argument. that the alternative clause
them not 1t was @s rule that where the
Intentions of tesator were clear as he Claimed mat
they wore in this they must he carried ont.
TX x-Surrogate Rollins had not finished his argument
when the court adjourned to 10 so a. m. to-day.
TO END THEIR MARRIED LIFE BY CONSENT.
The suit Of Robert Wood Johnson wholesale druggist
OF No. o2 for absolute divorce from Ella john
con, was before Justice O'Brien In the
Supreme Court Chambers, yesterday, on mo-
zion To confirm the report Of Referee John
o'Eyrne giving Judgment In svor Of the husband ana
giving him the custody Of their child The evidence
showed that last while MI Johnson was IN tne
wes, his wife went Great Neck, L. L. with Norman T.
NJ Mellis lawyer Of No. GO LibeFty-st ana there n'eo
with him his wife.
The defendant claimed that she was Johnsons
wife and that stll Ella Cutting under which
name aligned agreement which also signed by
Johnson Of which principal clause follows
"By these presents we Robert Wood johnson and Ella
Cutting reeoguize marriage civil contract and this
9th day Of August 1880 enter into solemn agreement
n become man and wife long ~ we may live or until
be annuIeG oy mutcai cohooh1 lucy hscu
together under agreement and their child was born
three yeass after It signed Ella Cutting passed a.
Johnson wife and the holds that she was in fact
Mrs Johnson and unfaithfu in her marriage fealoh
The decision reserved
SUING A DENTIST FOR BREAKING HIS JAW.
In the suit brought by Frank Enrenan. Swedish
sailor TO recover from Dr. D. s. Skinner dentist
Henry and Montague sts Brooklyn. $4,000 as damages
for injuries to his Jaw caused by the improper extraction
Of tooth motion dismiss the case was denied o'
Judge Cullen In the Brooklyn Supreme Court yesterday
Enceman claims that he had lower mosr extracted o
Dr. SINNERS Office July 49, 1886. and afterward MI
law and face began TO swell and piece Of the bone cam'
away.
Dr.. Skinner testified that at the time the psintn sai1
he was at the once and that assistant pulled tn
tooth he himscf his assistant was out anS
he pulled tooth for any His books showed III
treating that day 1t rule OF the office 10
fifteen years pull teeth for and only fol
regular patients who insisted having It done. HI
never heard Of lower being broken By the use o
lNNI