The times. [volume] (Richmond, Va.) 1890-1903, 1891-10-29
MIR. rILpEN's WISHES I,REGAKDED.

The decision of the New York Court of Ap-
peals, which has refused by a narrow
majority of one in a bench of seven to sustain
the will Of Mr.. Tiden, under the terms Of
which about five millions of dollars were left
TO the city of New York for the establishment
Of great free library, has been received with
profound regret by all persons in that COM
munity who are not Immediately connected
with the heirs.
The conclusion Of the long contest over the
last testament Of Mr.. Tiden is indeed sur
prising one. This testament was drawn by
Mr. Tilden himself, one of the most distin-
guished as well as one of the most successful
legal practitioners OF his dav, in which char
acter he rose to the highest personal consid-
GRAFTON long before he had acquired anything
more than q local celebrity as q politician. 1t
was in the legal profession that he accumu-
lated the enormous fortune which he willed
in the larger proportion to the public object
already named.
Not only were the provisions of this instru-
ment formulated By Mr.. Tilden himself.
lawyer Of great reputation and man re-
cautious intellect, but they were also sub
mitted to the scrutiny of several Of the
ablest and most experienced members Of the
New York city bar, among others. ii we are
not mistaken, TO Mr. James G. Carter. who is
an acknowledged leader in his profession.
In spite Of all the learning, experience and
legal acumen brought to bear TO perfect the
terms of the will and to render the instru-
ment impregnable. it has been overthrown
and the public bequest declared invalid on
ground which viii be regarded by many
whose opinion is entitled to weight as decid-
eddy frivolous. The majority Of the court
decide that this beQuest is illegal because,
under the terms of the will, 1t vas left in the
discretion of the trustees as to the special
manner in which 1t should be carried out.
There is no doubt whatever that it was Mr.
Tilden's intention that five millions of dollars
should be devoted exclusively to the estab
lishment Of public library in the city of
New York. This fact has never been dis
puted, because it is embodied in the planest
manner in the language Of the will. and vet
because the testator saw ft as he was amply
justified in doing by practical view of all the
circumstances of the case, to enlarge the au-
tnority OF the trustees in carrying out his
general wish, the trust falls to the ground.
the people are deprived of a great institution
and the fortune of the testator goes to rels.
tives whom no did not consider as having any
special claim upon his affection or his beneyo-
lence.
The three members of the Court of An
peals who dissented from the Judgment of
their four associates are pronounced by tina
New York papers TO be lawyers of a learning
equal to. If not superior. to that of the ma.
iorty who shaped the decision, and the opin.
ions which they delivered in the case are de-
cared to be of very great weight.
1t is to be regretted that the noble benefac-
ton OF Mr.. Tilden should have been defeated
on the strength of what at the best is a mere
technicslity, and by majority of one vote
only. and that vote not entitled
to the highest consideration on &C
count OF the attainmsnts Of the Judge who |