New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-06
AFTER TuDEN'S MILLIONS.
SEEKING A CONSTRUCTION OF HIS WILL.
souy pIGrLow ExAMINED-JoKING AT THE E1-
prNsy or THr SAGE OF GRAMERCY PARK.

SouN RIGFLOw ExAMINED-JokINd Al IN" IA
PrNsg OF THE SAGE OF GRAMERcf Pam
The legacy OF litigation left by samnei y i"ucn W
Mic nearest relatives was before Justice Lawrence In
A., c.on. Co,r, snecial Term, yesterday, and q
hn,.r, array az counsel represented the parties In
,n,crc, IN the sut of George H. Tdcn nephew OF the
great LAWYER, to obtain construction Oh the 'hrv-
third thirty fourth and thirty-hhh clauses OF his
uncle,s Will Dclos McCurdy represented the plain
tg exsurrocatc Daniel G. Rollins and Lewis Cass
Tcdv,rd appeared tho executors and the Tilden
rrust- and smith NJ Weed for Mrs. Hazard niece
of the tesiator. John Bgelow and George W. Smith,
two of the executors sat near their counsel
statement Of the questions at issue was made by
Mr. McCurdy and after the examination Of three Wit
nesses and the submission Of various documents, 1t
was arranged that the argument the legal aspects
OF the case should be heard March 81. There IS
little dispute about the facts which the summing
up will be based The claim Of the plaintiff is that
the clauses of the will referred to- which provide for
the establishment and maintenance Of Libraries and
free reading In Governor Tildens naive Town.
Ncw-tebanon, in Yonkcrs and in this city, are In
definite and uncertain, invalid and unauthorized by
law, and that they unlawfuly suspend the absolute
power of alienation
TESTIMONY OF A NEPHEW
George IL Tden was the first witness lie Simply
rave the names of the surviving relatives Of Governor
Tllden George W. Smith was called to testify as 10
tho amount OF the property left by the test or ou
Mr. Ledyard conceded that Governor Tidens PERSONAL
estate amounted to "a, 100000 and his real estate 10
$500 ooo and that the amount over and above That
constituting the special trusts and legacies Is
s4,4O0,O00.
John Bigelow called by the defendants and was
Examined by ex surrogate Rollins He said he had
known Governor Tiden for fifty years, that he was
an eminent lawyer and had held many pubic positiohs
Mr. McCurdy objected to this line of examination.
He said he supposed the court could take Judicial
notice Of the public positions held py Governor il9cn
without taking up time IN this way. lie adueu tndI
ne was willing admit that the esator was governor
OF this State. , A., .
would also take special notice that Governor 1liden
was elected Pres dent of the United states, TO which
there was reply beyond Judicial smile. A.,
Mr. Bgeow enumerated the positions that me ne
tcstator had held. and referred to the fact that he
had been particularly active In unearthng the frauds
Of the Tweed " ring" He said he had taken many
Important steps to secure good government In New,
York spoke OF his fondness for books aud rcatod that
he had unusually fine library for private gehte-
man.
Mr.. BIGELOw DECLINES TO ANSWER
Mr. McCurdy examined Mr.. Bigelow as to the value
Of Governor rldens house fronting on Gramercy Iarh
81 do not care to Cypress opinion On that SUD-
iect.s said Mr. Bgeow "unless the court compels
me to-" The question not pressed. Mr. Led
ward offered in evidence the memorial presented to the
Legislature by the executors In regard TO the Ihccn
Trust in January, 1887 asking for an incorporation
Of the trust. This was objected to, on the ground
that the action of the legislature could not Affect INC
and the paper admitted. The act OF incorpora
ton minutes Of the trustees OF the Illden trust
setting forth resolutions concerning the Incorporation
and the appointment of Alexander r. orr ana sepheh
A. Walker as trustees and other documentary evi
that on the day when the will was admitted to pro-
bate there was no actual delivery OF any Propoi''
The case was then adjourned until tho day set down
for the argument.