The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-28
ject. nevertheless. to the special trusts herein
eopa and TO the obligations 70 make and Keep
ROOd Tho eald anecin1 trllsta. prOXidNn tMkG

GOOD tho said special trusts, PROVIDED tnt
By s" law &c h
RS5g Ri asn saa % Ing TssssSs 81 q
for any cause or reason my said executors m
trastess shall deem !, insSIedaient to eonys
saia fRhs n.f @ any said
sonal; inter making good the sad s,pssols
such por ff thereof as they may not deem
efpedient to Apply to its use, to such chart
tbs ~ ssd aSS
toes will render the said rest residue. and re
e the interests SSs n
On March 2e. 1887. subsequent 70 the com
pissed an act incorporating the Tildei
Trust" and authorizing II. to establish ant
I s% YoG Sas
ganized. and the executors and trustees mad,
81 as ss s.
The law is settled, in this State that certain
III sss$sEs j$ase Wrss. in Lev,
postulate. OF the common law established ~
az. unbroken line Of decisions. It Is that trust
Sssp !, ys Sss T sn ss
sGSt FriessSsa at T5f Sg s. n y: T., y;
&a%s a $751; and Tie is not
ohviated by the existence OF power, in the
OF persons in whose favor the, power. may be
cxcrciscd has been designated by the testator
wh thu Sst S Ss
En. qas o ss hs g.
hold gifts Tor Charitable paTposes When NO no
beneficiary was n,amsl. hns no place IL tho
~ n ~. 2$S: Holland vs. X!lcocE. supra .''A'
= 1.-THE Tilden Trust Is but one Of the bene-
Object Of The testators bounty. then i Is Clear
SSa sssRsYssss !5S
sss -Hs n$sss
embraces the Whole world, Nothing could be
than to apply the estate to "such charitable.
EDUCATIONAL, and seentiiie nurn ' as in the
stantially beneficial to mankind,
anything that tends to promote tho we'll doing
f Tras we soc as'ns Ss 81 social Perry on
is sdstnety R
donees Of the power and makes the latter con-
trolling in the disposition OF the testator's
Which the testator had nothing to do except to
tho property according to the will OF the do
nees Of the power" Road agt. Williams. supra.
Unless. therefore. within the rules which
control courts In the construction of wills we
can separate the provision in reference to the
the disposition OF the testator's residuary es-
tate contained IN the last clause Of the thirty
fifth article. and find therein that q preferen-
tial right to some or all of such estate is given
to thst institution when incorporated and ono
whGh ths court At ths suit OF said
the trust. we must within the principle. OF the
cases. cited declare such provision Of the will
prems Court c The APPELLANTS Claim tha H the
power conferred upon the executors to endow
q the invalidity Of the power given to apply
the estate St t. such charities as would most
provisions for the disposition Of his residuary
TYdsn ths
rior md to be sfeet1al Only in case the execa
be exeeuted for tie benefit q the iiiden Trast,
or conferS upon the trustees power in trust,
or that it constitutes gift in the nature Of an
execut3ry devise.
sumption. that there. is by the will a primary
Eit comn,ete and perfect in itself to the Iden
Immediately upon its creation a.'A' eo'p'a''n
That a valid devise or bequest may be limited
to eorn9ration to BE- created +, after The death
within the time allowed Tor the ves t ns'" q
future estat 7s i not denied Perry on Trusts
That question was decided in Ingls agt.
Trustees OF the Sailors Snug Harbor. 3
Feters 30. and in Burrill aGt. Boardman. AZ N.
In those cases the gift was treated as in the
nature OF an eEecutory devise dependent upon
lated by the will. and which would vest upon
the occurrence Of that event.
fore US that proposition cannot be maintained
here.
cd to commence in the future. and needed no
particular estate TO SUPPORT 1t; 1t arose upon
t" the the
tingency hnppened. BY our, Revised Statutes |
eXeeutory devises are abolished and expectant
upon which they nre limited. vest by
this right in the expectant cannot DO defeated |
by any person. But the testatOr here intended
nShn such h ssse Of Th Ss T M
residuary estate is vested, in the trustees or
Intended to be- and it is solely by their action
1t is only in case that tho executors deem it
e1pedient so to do thnt they are to convey the
Trust. Whether that leo Corporation should take
anything rested wholly in tho discretion Of
the executors. as the cXpcdicncy or ineXpedi-
ency VI an act is always II matter Of pure dis
Perry on Trusts. section 5O1,5Ni
the testowal of complete discretionary power
to convey or not to convey. and the creation
and bestowal OF such u power In the cXecu-
tors Is holly opposed to and fatal to tho ex-
lstence VI an eXecutory devise.
In this respect tho case differs from those
cited: In lnglis agt. The Sailors Snug Har-
Dor there WAS no trust created. no discretion
vested ~ the executor. no conveyance to bo
made after, the testator's DEATH His inten-
ton to give his property to q corporation to DO
created to carry out his charitable purpose
was clear, Such was the fact also In Burrill
lgt. Boardmnn.
by tho Will in that case the property was
given directly to- tho corporation which tho
,estator contemplated should be created after
his death. No trust was created and no dis
,,retion was bestowed upon the executors to
should not haveit
Once created the propeEty By force Of the
arity between that case and this is that the
the er ce Of
n case the Legislature refused to grant q