The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-28

% Ss ss 81 E 81 HeSs1
and 70 his sister land through h9r hs gsana
Vii. bowel to ss IN tRs pfinc
pal he also made q number Of smal! beduest
to sns and S.M
In this way he disposed OF about q millior
gTSssfd 81 sSs
clause which has been declared void.
ssa III lie VIII o. nls as1fse dsl
standi1g In the suit as complainant; Dslo,
MGCaTdy tho c tGi Tbs
Fund. The executors retained James c. Car.
the VIII to a oS6nor asd
he had expressed the opinion that It could be
nsd n the sstsn for n t1s + ss
ment to Mr. 0'oonor TO be rewritten. but MT.
suit was BROUGHT in the supTeme Court be;
that IN tic clause OF the will which provided
Tor the trust an attempt was made to create q
tIst which would Pc Wholly dependent for
tees. and MT upon that Of tho testator. But
the state w be s
upon tke will or Discretion Of the trustees
rs e liz execution. In al 2fthe other , special
ument. this we'll defined rule was strictly Oh.
served. The principle involved was, that the
VIII Of ths SSad not ssnd lor sse
must Je so dc 6ned that Il is Sapable q deter.
mination pnd enforcement, by q court Of rec.
ord and not subject to the discretionary power
Tho want al a distinct fund. he argued and
tfe ensr t * nsSRRe
y9yed rrcuhrSnt ,nyadity IN the attemptbS,d d
jtse:f could compel tho delivery TO It OF one
cent against thc. will Of the trustees,
mcnt .6N ,hH very evident intention OF the tes-
,or , thcrs has PeSn allure to create
could could bN catris ",n legally by leaving out oi
consideration that 2 art Of the. section and pro-
cccdihg undor an eXecutory, devise instead Of
trusts. sn,no valid. and others invalid, he
mrscl: dil MT preysn Mt the valid trust being
:'S"thine hut the disposition to question be-
hns gIR to pn &c IS TAKE the
contests hive been .aiccessiul nothing. say.
hut this practice. whach has become too uni
question the simple provisions Of this will.
Tho idea that n man cannot. when he comes to
ss r9 s fS rn@ Or d mnk eho s
him and what he can do with the wealth
which fortune has been pleased to grant him
that somebody who has some connection with
him. near or remote. by blood, will come into
court Ol JUSTICE ueI,NtJ III Ills DPueTCbDC
Intentions is to me circumstance of u most
melancholy nature"
In tho, trial before. Judge Lawrence the will
was upheld. Mr. McCprdy then, appealed to
Sorsed and a new trial odered judge Van
Br,lnt wrote the opinion. Judge Bradley con.
curing and Judge Daniels dissenting. Instead
II appealing the defenda1ts elected to take
heforo Judge Beach. and decision was rem
,ered against the executors; It was now Mr.
Garter TT turn to arpea. to tsc General Term
=, Mr., Carter then carried the case before the
Court Of Appeinls for final DECISION. It was
Sa hsors 1hs
compromise. MIR. McCurdy consulted his
clients and offered to settle the case for half
refused. They had meantime as 1t appeared
LITER, privately made the compromise with
ereater faRn e.
statement. made yesterday to The Sun. may |
be depended upon.
The statement that has been several times
i. erroneous. :. At Mr. Tiidsn' death his, estate
was appraised at about $5.OOO.OO0. including |
for special trusts for the benefit Of bis rela-
lives and one or two friends. By careful man
agement Of the properties, It is understood
ts the haDe about $1,000
The executors refused to mako any state |
mont TO reporters Yesterday.
Delos Mcturdy said last night that he was |
- And outside Of the satisfaction Of winning
his ease" he said. II regard the decision as
important because 1t finally establishes. the
nwn property and must not leave It to be dis.
I,osed Of for this or that specific object at the |
Of some other person or persons"