The Superior times. [volume] (Superior, Wis.) 1870-1912, 1891-10-31
TUDEN'S WILL Is VOID.
00I1 y. lie Illegal.

of AppeaIs Declares the Trust to
eSis' be Illegal.
,,r,yY, n. y, Oct. A.-Ihe lnten-
j the late Samuel J. Tilden to
- a great library in New York has
b o., defeated by decision oi the
'anreme court, rendered to-day. This
,,a.i-ion probably forever abrogates the
,I;,anthropic purpose of the dead
i.atastoan, and deprives New York Of
~. efthe most important bequests that
.ye, was bestowed upon It,.
TiIden died in August, 1856, and
,riT vas admitted to probate regu-
..iar,r It was drawn carefully and
oiI.hIr.tply. and after making bequests
II. relatives and friends, 1t directed
.I..t @,,n,Is he set apart for the estab-
'..h,,e.,,t of Libraries IN New York, New
.hanon and Ionkers. BY the thirty
ts.s r,ause of the will it was directed
- IL executors incorporate the Ill
-, trust, with the idea OF the estab-
1'sb,nen M and maintenance ofa free pub
..I,hrary and reading room In New
Sa,l tIty. and his residuary estate was
,ie,,-ad tor that purpose. If the trust
~ not incorporated within the lie
80. ftyo of his nieces who are named
m WIll. Mr.. Tilden authorized his
.'yasutors to apply the rest OF his prop
a,.y II such charitable, educational
ond scientific purposes as IN their Judg-
,.ar5t should be the most beneficial to
tle interests Of mankind.
Ib.. heirs of Mr.. TIlden were his sis
~ the two nieces, and nephew,
,,e1r.e II. Tilden. The nephew instl-
t,t.t IN action for the construction of
rI,- clause Of the will, and the grounds
,,f a.tIon were that testator could not
I,...gesth to another his right inherent
- asmscif to make will. This it was
.44yt!y claimed was the effect of the
,la,l-e of the will quoted above. The
...ue Ra- tried before Judge Lawrence,
uIe HtIt. that the clause contained two
.4l-r.nrt uifts, both alternative. the first
I,.14.r made for the benefit OF the Til
4en trust. which he declared was en-
,rr,Iy yuIid. The second he declared
Yas VOID.
qhe case was appealed and the SUI
nr.a.p court reversed the decision, de-
'tar.nr the will void. An appeal was
taken t. the court of appeals, which to-
d4r affirmed the Judgment of the lower
cont With costs PAYABLE TO all parties
amt al the estate. This finding gives
me Eeirs some s30o, 900 more than they
Vefe allowed by the will as constructed
hy 'lr Iilden.
Tie opinion is written by Judge
Er3Sn. and is cOncurred III by Chief
.Itld.e FoIlett and Judges Haight and
farktr Judge Bradley writes dis
e,utlng opinion, which is concurred in
hv Judges Potter and Nann. Judge
Brown III his opinion says in substance:
Unless within the rules which control
fallEts hi the construction OF wills we can
Seuardtc thc provision III reference to the
Iii5irn trust from the general direction
as - tie disposition of the teStat0rS resi-
staart estate contained in the last clause of
raai preferential right to some or all Of
slcE estate Is gwen to that institution
when incorporated. and one which the
court at the sult of said Institution, could
enforce within the two lives which limit
thn trust. We must within the principle of
similar eases declare such provision of the
Will inN llld
nder the statute Of distribution that
regulates tie inheritance of property,
the issue Of Mrs. Belton and Henry A.
I.slen, sister and brother Of Gov. Til
den come in for equal shares Of the
IS Fn.HH Mrs. William b. Hazard is
the oHiy heir on feltons side, and thus
j. entitled TO 9i,000,000. The 9TH
er four million is subject to
the claims Of the six children of
Henry !. Iilden. They are: George
III lIlden, 5. J. Tllden, Jr., Mrs. Wm.
Il Nh.ttlescy, Mrs. swan, widow who
iilcs II New Lebanon, Mrs. Willis s.
laFur and Mrs. Schwartz, OF New York
tty. Samuel ]. Tilden, Jr., was pres
Oat when the decision was handed
aaWn. and was warmly congratulated
fy many present on the outcome of his
lIrht