Waterbury evening Democrat. [volume] (Waterbury, Conn.) 1887-1895, 1891-10-28
THE TILDEN TRUST
Declared Void, But a Library
Will Be Founded.
MRS. HAZARD COMPROMISED.
The Executors Will Have 100000 to
Garry Out the Governors Wishes.

Case Went to the Court of Appeals
Mrs Haz.rd Received $1,000, 900
From the Executors and Surrendered
Her Entire Right in the Property
What the Other Heirs VIII Receive
Under tho Decision. -
NEW YORK, Oct. 29.-The decis ion of
the Court of Appeals yesterday, in the
case of George H. Tilden VS.. Andrew H.
Green and others as executors, ETC., ap-
pellants, and Laura B. Hazard, ct al,
respondents, affirming the Judgment
which renders the Tilden trust void,
ends one of the most celebrated will
contests ever fought in this count try.
The opinion was written by Judge
Brown, and is concurred in by Chief
Judge Follett and Judges Haight and
Parker.
Judge Bradley wrote dissenting opin :
ion which is concurred in by Judges
Potter and Vanu.
The estate when inventoried was VAL
ued at over &c. coo, 900, and is now be-
lieved to be worth So, 900, 900, as the valu-
ations made in 1885 were at very con-
servative figures. About $500. 900 will
the. efore fall to any one of the CONTEST
ants.
Under the statute of distribution that
regulates the Inheritance of property,
the issue of Mrs. Pelton and Henry A.
Tilden, sister and brother of the late
Gov Tilden, come in for equal sh ares of
the 50, 000 900.
Mrs. William A. Hazard is the only
Eer on the Pelton side and she was en-
titled to nearly 81, 000,0O0 She, how
ever, made compromise by which the
executors will have over 100000 to
found the library which Mr. Tilden de-
sired to establish.
The other 81, QUO, 900 is subject to the
claims of six children of Henry A. Til
den. They are: George H. Tilden, S. j.
Tilden, jr., Mrs. William B. Whitlesey,
Mrs. Swan, widow, who lives in New
Lebanon, Mrs Willis S. Paine and Mrs
Schwartz of New York city.
No will contest in this country has
ever been followed with more popular in
terest than this one, and all the briefs
and arguments in the case have been
read by all the lawyers with uncommon
eagerness
The interest of the New York public
in the contest was due to the pro spect of
valuable benefcent institutions, which
the statesm AMI hilanthropist wished to
have founded in his memory.
A Tilden Library After All.
Although the Court OF Appeals de-
cidod in favor of the contestants, thus
defeating his purpose to establish a
trust, the free library which the great
statesman desired to give this city at lis
death, which was the pet project of his
declining years, is to become a fact. The
executors have effected a compromise
with one of the benefciaries, by the
terms of which So, 900, 900 will in any
event be set aside for the library, al
though this is not half the amount
which Mr.. Tilden willed should be
devoted to the purpose it is still suf1-
cient to place the institution upon a
Bn bstantial footing.
The only relatives who could legally
enforce participation in Mr.. Tilden's for
tune, in case the will was broken, were
the issue of his brother, Henry A. TIL.
den, on the one side, and of his sister,
Mrs Mary B. Pelton, ON the othe RI
There were six heirs on the side of his
brother and only one on his sisters side.
This single heir, therefore, the grand
daughter of Mrs. Pelton, could by law
lay claim to one-half of the fortune in
case the will was broken.
This lady is Mrs. William A. Hazard,
and it is she who compromised with the
executors before the case went to the
Court of Appeals.
Mrs. Pelton was very heartily in SYM
pathy with her brothers project to erect
free library, and she inspired the same
feeling in her granddaughter, Mrs Haz-
ard. By the will Mrs. Hazard received
the income of $150,00O for life and the
power to bequeath the principal.
When George H. Tilden, representing
the children of Henry A. Tilden, con-
tested the will Mrs. Hazard did not join
them and was made q respondent.
When the case had dragged through
three courts and was on the eve of final
argument before the Court of Appeals,
Mrs. Hazard compromised. There was
then decision of the General Term in
favor of the contestants. This was on
the evening of June 1 last. Her law
yers, Joseph H. Choate and Smith M.
Weed, met the lawyers for the execu-
tors, Carter and Ledyard, at Albany,
and drew up the terms. The executors
paid her Il sum slightly less than 81, OOO,-
600, and in return she decided to them
her entire rights in the property left by
Mr.. Tilden.
The balance to the credit of the ex-
ecutors by this transaction was estimated
yesterday at something over SO, 900, 900.
The executors hold this according to the
terms of Mr.. Tilden's will for the estab-
lishment of the trust which it was his
greatest desire to found