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

has taken three bottles Of Heod sars.parIa a.a n.
rssainsA Asr health ana strength oas eat sny,hia,
vthsut Histress-s sruvER Exu Marshal
Charlsstowa, ". Va B.-Bs sure to get
Hoods SarsapariIfa
which in curative power is Peculiar to Itself
not consider ns the Slterior purposes at all unit
To ssS EsSt Rfas
hps srt s Of sn ths rs ssb fSyy estate
stance the st and the Object and pn s ese
already shown the capacities and f n ns nayt
the Iilden Trust, In other words. its purpose,
9bisfSts Or rather the
same the called Interior PURPOSES e and i ns
nsSF H 81 pc carried ont
tinetiSn between the two is in the hey name nnss
fbe t9 fSnS forPPPFpa s tint is to admnisteI
whether the trustees should elect the tTf iidSn
fN%oT how could the trustees charged with
charitable and educational purposes consider
th VIRUS TrIst %thopt taking complete view
attsSmptssd to carry out the toststors plan l"''
reading, room. There il no duty or Utilization
imposed s upon them In that respect. They are
f h9t bound 20 to create or e1dow one They
With locality, Can IT be seriously claimed TINT
mere III, Is any duty resting ON them, to establish
fap1Ital Of the state or ofthc United States open
To- "c thsir choice Of LEGATION If they think library
Sa 'SrS XHaa c SS mere wdsy ens
tn the J sssrstSn the trastcss
all. and whether that or any otter chartab Ie
a e IN .se city yH of Sew York
and that their determination Of such questions
me b en a thsm TIC 9 reasons which
pselent to endow the, ,Tiden Trust. and i That
shs tGs that The1 The
GGGnsiser thGir power with reference to the
charitable. educational. and Scientific I pur
poses as they should select.
. In other words that IL they did not rive it TO
tho Institution that he suggested. and which
would WON bear MS name they could give to others
general purpose for the disposal of his estate
an. ana r.t this power meant comparison, of all
In substances he said to his executors:
have determined to devote my estate to chart
have formed no detailed plan how that pur-
Roso , can be executed. but under tho law Of
m New ior t it must be done through and by
sanss tho ff an stnon to be
y New op and and r sseh Stnsr cd n ae
tional and scientific objects as You shall
SSsSS%"tat' Hi i! ;S% s 9Sish It al
no. part efn Of TO rt eh1t 9st,on all
choose, and II you do not think that Course
advisable then apply It to such charitable
your Judgment will most substantially benefit
mankind. Thus was left to the trustees the
anS to .hs o tia Wtan
read the thirty-flth, article and find therein
$ that institution from the tes.
charity fhe trustees are free to select the Til
den Trust and cause it to be Incorporated or to |
choose m, =, any exiting corporation as the pstru-
# # which any estate is limited to the Tldenn
determination by the trustees 81 the question
whether v they deem it expedient to endow that
II the TdeM Trnst y SHt on
many Instruments through which the testator's
PURPOSES may ns exerated, or is tuta
ne determination OF the question Of expedi-
.ncy involves the doing of the very thing
rom an underlined and Unlimited Class Of OBJ OBJ
ertsIand the power would be void
1t thus iec9lnes apparent how important is
Which til" testator had for the dsposai Of his
state: and effect cannot be given to that plan
expressly defines the scope Of tho discretion
to the trustees
discretion in the trustees limited to the selec.
ION Of the objects that should be benefited by
WIN Of tS YSd b nG to the
hoos" not to act or failed to act the estate
you'd go to the, heirs at law. Indeed tho legal
he title t. the estate in the heirs. subject to
no execution OF the power to endow the Til
But if the provision Of the will makes one
Intended his estate to be devoted to charitable
eirs and he did not intend, that his trustees
honld have the power to choose between his
eirs ana the rilden Trust.
We cannot. therefore. obiterate the 80 called
itG n provision and give effect to the scheme
The discretion plainly conferred on the trus-
Dos in the delegation Of the power to deter
zine the &C. exSIE 81; or ineTpediency OF en-
troyed. and the trustees would be compelled
convey the estate to that institution. or. by
spmsnE w sS Of G Ss s sftsn it, hwa
the assfs ene' d fsS
not imperative and hence not subject to the ,
st whether it can 10 enforced in court OF !
lulty. InlS argument Is perhaps fairly
nswsred when the conclusion Is reached that
10 Interior purpose cannot ho strick en- from
IL will and that tho thirty fifth article repre- !
'nts but one scheme and one purpose for the
sposnl Of the estate.
But it vii! he apparent in tho view taken I
mt the tcstator did not intend that any power
inferred upon his trustees should depend for I
. execution upon their will. or course In y
'cry power where the trustees have the right q
select any and exclude others there is neces- I
rily involved discretion. and the final choice I
o trustee. but not as that term is !
'ed in the statute. The power conferred il '
imperative. The discretion committed I
the trustee WAS TO select that particular
ject The choice depends on tho trustce's
III. but the act Of choosing is Imperative else c
Q power could not be executed. 1t is tho
suit alone therefore that depends on the will
the trustees and not the performance of tho
Of selection. power is defined TO be IAN
g granting or ,reserving such power might 7