New-York tribune., 1888-03-23
TTLDEN's PUBLIC TRUST.
,a ROLLINS AND MR CARTER SPEAK

x,auzxo roR 1Rs xxEcuroHs-A osSAIz.
novurxr THAN ras BRlrssH Muskus.
~. consideration Of the questions raised Is 70 'n'
,ort,ons Of the viii Of Samuel }. Toen wnNn l'so
H,ouests for yBslsc uses wss couunSe~ :.
e. eu~rcno Coert Special Term. ~horo s"s''oe
lawrence presided An tne eaesu' 80 p.ss1..' =.
soer&Acr With the brant aray Of csansei ensasoo u
ths e.se AZ surrogate Rollins rcsuminx his argument.
"a. ia that Whatever view might b taken OF tho
.,eruatiye csues tho trust wss vsa ho cisco sovcr
Ensl,sh casos TO show that u ono clanss OF WIN
invalid those parts which are valid must 30 csrrno out
~ ~,ou,6 be the duty of the Court 10 disregard the
Alternative cisso tho nrSs cisnso crea1ins INC "ss
Vas good In law
lanes G. Carter also representing tho executors.
.sxt addressed the Court He euiogzcd the character
and abilities OF Ex-Governor Tiidcn. He said might
II said of him that nothing that Interested mankind
could fail TO interest htm. lie was IN experienced
business man and near the close Of his hc he found
himself possessed Of large fortune. No man knew
more than Mr. Tildcn tho power of money He knew
4 vas ppver fer good or evil To this consderatou
he addressed himself In making his will His ncphcws
and nicccs had no claim on him. They had noe 90
voted any portion Of their lives to his interest sss
he had provided for them. He had pvea them
sufBclent for thor proper maintenance, but not
enough to endangcr them through the sudden ac-
euis:fion Of great wealth
Mr. Carter said that charitable gifts and public
Gifts were the same thing In law. All charitable
g1fts necessarily be inocnhte ~ W sno ~"noNo
q they are gwen the public st large or TO class
But difficulties As the nacetsn dosees wsre s~eps
sway By making the gift to . co poraie body Who'll
effects the same purpose. A. 70 tho indenmtencss
In tho amount Of . gift man could not always
cell what the residue of his estate would be and con-
ssoucntiy tho amount OF the gift. Mr.. Tlden had
put the aes into the hands OF tine court,
nv which thai which was uncertain might be made
certain Mr.. Tnden had made 1t possible to deter
mine what Is to be given and who Is to take Thai
h ali that is necessary for the teststor to declare
What satire jarisp.udeuce II would DO II tne
PROVISIONS Of this will should be Intellectual Hs
had becn instrumental IN overthrowing the Tweed
Ring and tho Cana Ring aud In many other ways
had shown hi, great ability. In conclusion no SAID
In thai other ways he Is entitled 10 th'
gfatit1dc and remembrance the pubiic aud II mAi
safely lie predicted thai IL Will be long before h'
memory fades from the hearts Of posiefity. bls 0
none WHICH has deservedly commended him to The
thanks OF his fellow citizens as the nunihcent en-
1Owment which he LEFT for this great free library-ai
endowment more ample and more splendid, am told
than Is possessed by any nation In the world " ther
3 anything which gives honor to the British name u
Is the existence Ia London of tho institution czl'o
the British Museum, which N celebrated all over INT
world for great possessions and for the ubrraiif,
with which It's Is extended 10 the public wffbou
cost Yet the endowment OF the British Museum IS IA
inferior TO that which Governor Ttidcn. through IN
instrumentaty OF his executors and trustees has be
Ex-Judge Comstock viii the Court In be
balf this mornng and viii be followed
by Joseph H. choate for the plaintiff.