The sun., 1889-11-08
AGAINST THE TlLDBN WILL.
TIE GENERAL TERM HOLDS THAT THE
TRUSI rs INIdLID.

TIE GENERAL TERM HOLDS THAT THI
TRUST rs INIhLID.
Judge DanIeIs Disaents. go that -Four sn
preme Court Judges nre ArrnJsd Two
AEaInst Two the VIII Appeal
Judges Van BTunt and Brady OF the Su.
prems Court General Term, yesterday rel
Aside the decision Ct Judge Lawrence atilrm-
ing the validity Of the Tilden trust clause In
the will OF Samuel ]. Tilden, and ordered q
new trial OF the case. Judge Daniels
dissents, so that OF the four Supreme
Court Judges who have passed upon the
ease two. Lawrence aud Daniels. declare
In favor OF the will, and two. Van Brunt and
Brady, deny its validity. The case now goes
TO the Court OF Appeals, and 1t will be about
two years more before the litigation ends
The will named Andrew II. Green John
Btgslow and George W. Snlith executors and
trpstsOs Tho contestant is George II. Tildsn,
= nephew, and 1t 10 understood that several
other heirs OF Law are behind him.
The will makes certain Individual boquestS
end then gives all the remember OF the estate
to the executors In trust under what the testa-
tor calls "the general trust," The value Of
that available residue proves to be about
e4,5o0.000. The rnest important section OF the
will which yesterdays decision declares to be
IreQusst my eNeouiora and trustees 10 obtain as
sP.sdly p9s.lSlo from tho LeGsa,Srs an AZ Sf "a
frast with oapSciiy 10 establish and maintain free
sss IN % Ss AGe %
P said executors and trustees may more particularly
suoh corporation shall have less than vs trustees
ssSs sSid Institution shall bs Incorporated form
sna ps the , 20 90 my m. SE1,ST Sa S s @o sno
IN Ssns %s S' 70 W s'' Se q sy
fiden and susie Whlthesey. I herey authorize my
70 or Apply 70 ,SS use Of he same Ike fSss Residue and
f'si
y sssa suoS ia.;Siion SHAH not bo 50 iesorpor
Ss s;:
.sss e Ps'; tSEs h' sas 3: Any ssESi
and f'%SIad'F Sfii
ICDs hsT:of nS deem .m%
nnd S % m FsaSfy S S s' and
bensnctal to the interests Of mankind.
Tbe contestants urged that by this sectio9
for Its exeeution--for Its validity or nvaldity-
upon the more exercise Of the will 9f the ex-
SFS power In the trustees @ to give e or wth6oidis
tnSSmpatiblo with the existence of q trust.
The anSxsF to the arguments e Of the SeP
points raised against the viii rest upon the
claim that too great discretionary power Is
repS Ia oes St S IL
don practically beQueathed his property to the
tees and merely outlined his wishes ds to
what disposition they SHOULD make o. It be-
yond the small specific beGuests which are
tS fds s props9y sS @
he 80 desired. and the plans for the creation Of
the free library &e' are suggestions merely
but But as TO ths Judge Van Brunt say that he
thinEs me court Pelow was In error n holding
Was eeesF sSas q The estatSP & latsaoR Was
. 70 create % an 1a& estate 81 in n %expectancy;, % The
to By yested In the trustees. and II is by force
vested IN the benefciaries."
The appointment OF the trustees absolutely essen
s :y e sSa SpyS sy ' S 81
The case Of vestIng under the viii and dvertips by
e4seators Sy the WI Win power VI 'e'''"H S'eH ~ 'A'
SaiAs exssassd by = ludieiaI decree ihsy are Sed
truSi could not So4siS,y Claim asy,Eins ana s power
y s1 to aEe S SSny9nG 6spsndss
sRa
sss S'
SsS.' IN
upon the will OF the grantee OF the power II Is plain
that the discretion which 10 vested in these trustees
sAnnes es sontrollsd and caSnot bs s1ereaed ~ any
posed upon them the performance of which can be mp
held hy court Of equity aud this h the sst of the
validity Of Such . power az Q power in trust
The radical Vice Of the entire provision seems to have
arisen from the teBatorB unWiBRness to confer any
SnioFceahe rights upon any qualified person or body.
he aeema 90 have had absolute conhdenSe in his s1
eouore (Which 10 to be reRretted and therefore the
oxeluaioh of that which
laor or trust dlscTetGn cannot bo substituted under
pnr system Of law - answer that the clause may
% made definite by the AoIion Of the executors The
of the testator trustee cannot mako that val which
In conclusion the opinion says:
II 10 undoubtedly great misfortune that the ipten-
lion of the testator to found trust OF the character
mapped ont by hts WITH should be frustrated and that
ne city Of New York should not receive the ADVANTAGES
1f the munhoenoa by which II Intended t8 people
lhond be benefited but this consideration ought not
the Court violate rules and statutes which have
adopted A. beat AubaervinR the intSrSa Of the
people Of this state.