New-York tribune., 1888-03-27
BATTLNG OVER THE TILDEN WILL.
MR.. cHoArE RAPs BgIsKLY AT HIS OPPONENTS
n-r TILE Day Gnra AGAINST HIM.

Mr. CHoATE RAPs BgIsKLY AT HIS OPPONENTS
But THE DAY GOES AGAINST HIM.
Tho hearing in the suit for tho construction of tho
disputed portions of tho will of Samuel J. Tiden was
promptly resumed at 0 80 a. yesterday before
Justice Lawrence in tho Supreme Court,
Special Term The court crowded when
Joseph II. Choate again took up his argument
Mr. Choae addressed himself principally to the point
that the dis puted thlrty-fth clause OF tho VIII must
be construed whole, maintaining that II any part
Of 1t is invalid all other parts are void He claimed
that that portion which provides contingently for
distribution for charitable uses was void, and that
therefore the entire must be held to bc so. He
declared that Mr. Tlden had virtually left the making
OF his will TO tho executors leaving no unequvoca
mandates to them, the Law required whose observ-
ance q court could unhesitatngly compel He cited
cases In which void Interior clause was dsregarded
when the primary was valid, and SAID tnat when the
Interior clause void In view Of the statute against
peruetuites tho primary clause could not stand by
itself
every fine work has been done with the legislature
he said, :" In incorporating this trust'
81 admit it, said James c. Carter.
Mr.. Choate read the memorial to the Legislature
asking for tho incorporation OF the trust and added
a" Is very ingenious The executors want to leave out
all OF the thrty-nfth clause after butt and the 'buv
too. They hold that this is void applying money
indefinitely after the erection Of the library to unnamed
educational and scientific objects"
Ex-Judge Comstock said tho clause after 'but' was
void
There we have it, said Mr. Choate I" the whole
beauest is void in law by their admission. But
! Will not believe the other counsel agree with Judge
Comstock'
Mr. Carter said there was disagreement
There they are backing him up In it, said Mr..
Choate.
Ex-Surrogate Rollins who was sitting between Mr..
Carter and exJudge Comstock said he had not spoken
AS sheep between his shearers he Is dumb re-
MARKED Mr.. Choate
He was proceeding with his address when Mr.
Carter called him to order saying that he was travelling
outside OF the pleadngs. To this Mr.. Choaie re-
sponded: " This Is not two shilling case and your
Honor Ito the Judgc Will not decide on technicalltes
We want broad and fair judgment on the WILL
MI. Choate asserted that the thiry-hfh clause was
also invalid because OF an unlawful limitation and
that this proposition could not be gainsald At the
close of hs address there discussion in regard to
handing in briefs Mr.. Carter maintained that he
should be allowed to Mr.. Choate's brief first, so
as 10 be able TO reply to specifically To this Mr.
choate objected Insisting that the briefs should be ex
changed al one and the same timc
Mr.. Carter could not agree 10 this. 81 want your
Honor to fix certain tImc,S be said, Z" at which Mr.
Choate must, without cquvocation. submit his brief"
"1 want your Honor to fix n time" replied Mr.
Ch0atc, when Mr. Carter, without asperity shall ex-
change BRIEFS Finally Justice Lawrence gave Mr.
Chuate until April Is TO hand In brief directing Mr.
Carter TO pnt his in by May Q. Then Mr.. Choate Is
TO have until May to submit another In reply.