The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-28
ATILDEN LIBRARY AFTER ALL
THOUGH THE TRUST CLAUSE or THE
WILL CANNOT STAND ~ LAT.

1
| WILL CANNOT STAND ~ LAM.
ny Agreement With Mrs. Hazard. n Grand
niece er Gov. Tiiden. tho Executors
| WIN Have sc,OeO.ooo with watch to
Garry Ont ITS Purpose-Thc Court OF
Appeals Olives the Estate to the Confess
| tnnt., SO that Both the Heirs and the
Public BECOME Benencinries OF the Pail
| anthropic Stntesman-The Property Now
Amounts to About 06,OOO.OoO.
The Court Of Appeals decided yesterday In
favor OF the contestants OF Samuel J. Tiden's
will. thus defeating his purpose to establish
| trust, but the free library which the great
statesman desired to give this city upon his
death. and which was the pct project OF his de-
| clining years. is TO become u fact The will
has boon declared void in the court Of last re-
| sort, but meantime the executors have effected
| q compromise with ono OF the beneflciaries.
| by the terms OF which S2.OOOoOO will in any
event be set aside for the library. Although
! this is not half tho amount which Mr.. Tilden
| willcd should DO devoted to tho purpose. II IL
| still sufficient to place the institution upon
substantial footing. These facts were not
| mnde known until yesterday.
| Tho institution which Mr.. Tilden wished TO
| leave as his monument Is described in his will
| hS an lTStltutlOn 10 DO KNOWN as the 1llu6u
| Trust. with capacity to establish and main.
tain free library and reading room in the
| city OF New York. and to promote such scien-
| tiiic and educational objects as my said execu-
| tors and trustees may moro particularly
| designate" To establish this he II the no.
| muinder Of his estate. after distributing about
| a million dollars among his relatives. to three
| executors. with instructions to organize and
| incorporate the trust and to appoint five trus-
| tees to carry out his wishes. The details Of his
| project no had communicated personally to
| his trustees before his death. The amount
| thus set apart would amount to-day to some
| thing like $6O00.OCO
The only relatives who could legally enforce
participation in Mr.. Tilden's fortune. In case
the will was broken. were the issue OF his
brother. Henry A. Tilden. on the one side. and
| Of his sister. Mrs. Mary b. Peton. on the other.
| Their were six heirs on the side Of his brother
| and only one on his sisters side. This single
| heir. therefore. the granddaughter OF Mrs Pei
| ton. could by law lay claim to one-half Of the
| fortune in case the will was broken. This
| lady Is Mrs. William A. Hazard and it is
| she who compromised with the executors be-
! fore the suit went to the Court Of Appcn!s
| Mrs. Hazard is the daughter of Col. William +.
| Pnlton. who was Mrs. Mary i. Pclton's son.
| Her father died before Mr.. Tilden. and hcr
| grandmother shortly after. She married Viii
| liam 4. Hazard. a member OF the firm OF Fran
| els ID. Moulton 4 Co., dealers in salt at 20
| Broadway.
| Mrs Pclton was very heartily in sympathy
| with her brothers project to erect q free
| Library. and she inspired the same feeling in
| her granddaughter. Mrs. Hazard. BY the will
| Mrs. Hazard received the income Of Sl50.O01
for lilo and the power to benucath the prnr-
pal When George H. Tilden. representing the
children OF Henry A. Tilden. contested tho will
Mrs. MaSa did Ss1 0 int them and SS vas @ss
thss eS "tso aa on 81 h q
tie tie sontsstaats, T%is was o. tie sSsnlas
Carter S Eedyafd Xibsns ~. ana
snm sghtiy less than sioO6006 hn ma in 'r re-
| turn she decided to them her entire rights in the
Tie credit Of, the EXECUTORS by this transaction
En s,. GstImatSd Yesterday at s9methn: over
he te nns IT, Tds ses M if es e..
establishment Of the trust which it was his
with Mrs. Hazard said yesterday thai her &C.
ton was not, a compr3mise in tho ordinary
pect Of the case in the Court Of Appeals result
pg in iay9E Of the s?ntsstapts IL EhiSh eSons
dence at Far Rockaway. He seemed surprised
II have never spoken Of this matter to any
now that the will las ns' Heen broken and the
contest is ended feel that it is perhaps "a:
standing Of the affair"
Sas1 M[s nsG Mr. H #szsfs gsnsd
Mr. Smith II. Weed that she desired him
t? fF Rfpq spct to ., @ sm the of sSsS
At the sane tms she TIA Mr. Wssa thst;
tG carry out her great uncles charitable
aes Snort 50 % nt ago it Ma lay Weed her stated e.
Ton f ne sssa the Tdsn easss
Tint OF Mrs peton. in the event Of the Will be:
estatI!shins Q iibrary:, L tat yss stiii thss
have sirs Hazard'4 imh sfy %S settled. and
while they did not wlsh to pay her quite
Us 10 sssh my sRs wSua rs sv S a s sa
t2 her sliare of the estate, in litigation.
Mrs, Hazard has always Intended should shs
the sum offered by the ssecutors and 70 give
the re remainder, for library SO that ths
Ss5 tstss Sr' tic saSf'sss WIZ Win h
}ei S y ss way 5S De
stnt hn ATS iu tar oeeuau over 70 th0
return S375QOO. had seen the books Of the
estate. and knew that her half share would
ment had been concluded tho executors asked
vs. to keep ths matter quiet and We agreed
said word concerning the transaction.
But" interrupted Mrs. Hazard. who was
any crcat credit Tor renouncing a large por-
ton Of my Inheritance for the sak e Of building
library. II had been dependant on what1
support. it would have been different But
Mr., Hazard has always had n good income
True" said Mr.. Hazard: Mrs. Hazard is
net dependant upon any inheritance from tho
Tilden estate"
The trans action was closed not. long since
byodth..o estate, paving 70 Mr. Hazard
Ss75.OoD IN checks on New York banks.
The first information Mr.. Hazard received OF
tor d His Siilce ycsterday morning an an
nOuncad he decision.