New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-06
SAMUEL WOODS REQUEST.
ANOTHER SUIT TO RECOVER 1T FOR THE
PEOPLE.
THE Long EXPECTED COLLEGE OF MUSIC AS
FAR AWAY AS EyER-ATToRNEY-
GENERAL rABoR's EFFORT TO
STIR THE EXECUTORS.
EIIH bNECOIO
,BY TELEGRAPH 10 THE TRiDUSE.l

ALBANY JAN 5.-Whcn In 1873 It was discovered
that samuel Wood. who had Just died. had left
81 600 900 to establish College Of Music In New
York City, the lovers Of music all re1oiced there AT
as' they ssId New-York has the TO establish
school for the education of musicians which will have
the high standard Of the Conservatives Of music OF
Paris London, Lepsc and Berlin" But time passed
on and no College Of Music was established. Then
came rumors that tho heirs Of Mr.. Wood werc lighting
In the courts this disposition Of his money moreover.
that the executors Of the will themselves held that
the codcIl OF the will beaueahing 81 900 900 to the
proposed college was invalid. Yet there some
sunshine In the matter after ALL for December 81,
1884, Surrogate Calvin. OF NewYork. decided that
the codicl properly executed. Tho general
term Of tho Supreme Court In May, 1883. sustained
his opinion and the Court Of Appeals on October 5.
1885, approved the Judgment Of the Supreme Court.
Yet year after year passed and the executors of
tho will made no effort 10 start the college. Mr.
Wood named as the executors of his will Edw ard T.
Schcnck Alfred l. simonson, Martin Wood Abraham
Hewlett and William Elmer These executors did
not incorporate the college, as the executors OF she
Will Of Samuel j. Tilden have Incorporated the 1ildcn
Library. Moreover In the courts they still disputed
the legality Of that codicil. Finally in July. 1858,
tie attention of Attorney Tabor called to
then neglect and he promptly took in behalf
of the to enforce MIR. Woods will. lie brought
action In the courts to compel tho executors to
Not in the least. On the contrary through their
lawyers they came to Albany and argued to the
Attorney General that he ought TO discontinue his suit
They presented to him an elaborate written argument
intended to prove that tho celebrated codicn was
invalid despite the opinion Of the Court OF Appeals.
Today the Attorney General made public
fully written opinion of great length in which he
replies to the argument Of tho executors lawyer.
He denies their application for dscontnuance Of the
suit against them and that IL he
81 ,0O0,o 900 for the musical college, he is going to
get It.
II the State is whipped in the suit" said Mr.
Tabor, al should advise tho Corporation Counsel Of
NewYork to bring a suit against the executors of
that will, for the estate Of Mr. Wood In my opinion
reverts to the city, II IL docs not go to the State
for a musical college,
The Attorney General in ibis opinion says: This
action In behalf Of the pcople begun by the
Attorney General on July 3, 1883. 1t was to re-
establish the codcll Of March 90 1875 and to declare
and establish the charitable trusts created by the
testaor and to ascertain whether there Is In
stencc any corporation entitled to receive the resi-
duary estate OF said testator, and II not to provide
for the creation Of one and said defendants
from Office and appoint new trustees and executors
and have the trust administered and to have certain
deeds executed by the defendants Of the property
Of the estate declared fraudulent and void, and
quiring the defendants to account for and TO pay
all moneys and property chargeable TO them from
the collection and dsposng Of said property, not
already disposed Of An answer has been served
and the action is now at issue 1t is claimed, and
have every to believe, that the estate left
by Mr.. Wood Will approximate 81 100000. II IS
not pretended that the people Of the state Of New
York were made parties to any Of the proceedings
OF actions heretofore referred to, except this
This application is made By tie defendants, f. T.
schenck and others, have the Attorney General
tba hc,fp nv he
substantially First, that the people have such
interest in the action will authorize the Attorney.
General to maintain It; second, that the trusts In
tended to be created by the WILL far they relate
TO To, Samuel Wood Benevolent Insiituts' or the
Samuel Wood Musical College, are void and con-
rsr, to the statutes Of this State relating TO perpetual
ton and alienation Of property, etc third that the
udg mens OF the Supreme Court before referred TO,
have in effect established that the codcil of March
90, 1875 null and void, and, therefore, all interest
which the people could. by any possibility, have In
under said will had been removed
"The Attorney General before he commenced this
action carefully examined all of ths questions raised
by the defendants and while not entirely free from
doubt as to some OF them believed that the benefit
of the doubt should be given to tho people and that
the public interest would be best subserved by present
ing this the courts for decision The apparent
good faith OF the attorneys for the defendants
IN making this application and the formidable array
Of authorities presented by them apparently against
the action the only reason for denomination of
the authorities and the law relating TO tho questions
here involved such examination / have been
able to give this matter In the light of and with the
aid Of the ingenious argument of the attorneys for the
defendants has convinced that the action ought
not to be tried IL IS fair 10 the defendants that
give my reasons for the conclusion TO which have
Gomez
Tho Attorney General then cites decisions OF the
courts dis prove their arguments He ends this
opinion with these words denying their application;
In conclusion have determined in consideration
OF all tho orcums and the authorities to allow
this action to go aware that Surrogate
Ransom, In whose legal judgment | have great con
6dcnce, has come to conclusion somewhat In con
ilct with the views above expressed but l cannot
forbear quoting this expression contained In his
opinion as bearing upon the general question whether
this action should be continued. viz. In this proceed
ing | should greatly favor any course Of reasoning
which might lead me to different decision This
large estate has been in the charge and custody Of
these res pondents executors and trustees many
years, and apparently they have not regarded them.
selves under any obligation to give an account OF
their stewardship. | think they have been remiss I'm
the performance OF public duty plainly imposed
upon them, and there must be some legal mode Of
compelling them discharge that duty