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

The VIII Sought to Confer Powers that
Could Not he Controlled or Enforced.

Couid Not he Controlled Enforced.
ALBANY. Oct. 27-The opinion handed dow
to-day in the Court of Appeals. Second Di
vision. affirming the judgment OF the lowe
court which declared tho Tilden trust to b.
invalid. was written by Judge Brown and con
CURED in by Chief Judge Folett and Judge,
lIaight and Parker.
Judge Bradley wrote dissenting opinion. II
which Judges Potter and Yann concurred
Samuel j. Tilden. Jr.. was present when the
decision WIS handed down. and was warml,
congratulated by many present ON the out
como Of his sight.
Judge Browns opinion follows:
Samuo!I. J lldcn died in August. 1886. leav
a :Gst " III and I, stulurnt. dated April 1884
He 't ii Surviving him as his only next of kin
ant h lbs al law 'rir sitter. two ncphews. one
81 wh"m Is the plaintiff j." this action. and
The inrpdantss IBiselow. Green. and Smith
X"ra Us The will appointed the executors
nitisi t. "r"bats in oet"ier. issi. they i i'm
charge ~ iirir duties aS such.
FThiI action was brought to obtain n con-
;,t,nl.,inn If "a" viii. ~ No complaint tho
rbr wrr'' assaulted at, being invalid. but upon
l,r Trial 81 'u"sti"n was raise, as to tho two
lf"t liiin"u. ana ~ determination In RESPECT
rho &,.n"in" ,'"urt held that tho effect of
III
YIN Vas H. create ohr general trust for char
iiHiic ':r,ns',s I'm Eraoi ng the entire resid-
WEB s Mi a sssed thu ian s59e s ds
estate i%thcm That tho testatordid not intend
,3mnn ga nt confer n nI any person or per;
said r-llnnry estate. and did not dcsignate
any t,Snnlirnry VINO Vas Or would hc entitled
its behalf, and declared tho provision Of the
WI rei.tn ,; tD the asrnsa! 1I the rcsiduary
Al n NJ
the will TO read tho Two articles above named
i,o;;etner and they they uro here quoted. the last
omy sand executor. and trustees and to their
snocessors in the trust hereby created, and TO
q sh' list pl sssass t s"f sna pss!
81 whatsxs which %sy SP Ss
seizsd Or possessed. Or to which may pc on.
rs@ ea at ta ntr time Of asseAS bs which
sons; and after making provision for
Herein Grseed to and f to hold p' the sam as
nnto my sud executors and trustees and to
t y in hs sb%y
to possess. hold. manage. and take care Of the
same during period net exceeding two lives
Mhittlesey ana until the deeeass q the sur.
Ing ali necessary and proper expenses. TO ap.
ply the same and tho proceeds thereof to the
objects and purposes mentioned In this my
."Thirty-G fth-I request my said executors
and trustees TO obtain. as speedily as possible.
afan Institution to be known as the .Tilden
rfust.' with CAPACITY 70 establish and main
.aty Of New York and to promote such scien-
title and educational objects as my said exec
utors and trustees may more particularly des-
ignate. such corporation shall have MT less
tlap Ave trustees. with power to MI vacancies
shall be Incorporated In p form and manner
satisfactory to my .snid executors and
trustees during the lifetime OF the survivor
Of tho two lives In being upon which the
trust Of my general estate herein created Is
limited. TO wit. the lives OF Ruby i. Tiden and
Susie Whittlesey. hereby authorize my said
executors and trustees to organize the said
corporation. designate the first trustees there
Of. and 70 convey or apply to the use Of the
saIneth rest. residue, and remainder OF all Of
disposed Of By this instrument or 80 much
thereof as they may deem expedient bat sub