New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-29
rOR THE TILDEN LIBRARY.
~ DEFINITE PLANS OUTLINED AS YET.
EXECUTORS WILL APPLY FOR REARGU.
MOUNTAINEERING QUESTIONS THAT
AErsE FROM THE DECISION OF THE
GREAT WILL CASE.

= ,ba Court OF Appeals, the foundation OF lllueh
'n-s-v was assured told in The Tribune yesterday
- ar entire surprise to the public The regret felt
'. 80 martial tbwsrtins Of the phanthropic wishes
.,rcl I Tilden was tinged with feeling OF sat's-
,r that s. 900 OOO at least would be available Tor
-. nnrnoses specified in the establishment OF the
sS,aan Trust whether this sum will be increased
=, s,v way cannot now be determined. The Court OF
.s IS the final court OF resort, and The residuary
.+s,e with the exception Of the sum mentioned, Is
.h,refore absolutely at the disposal ol inc
-, AZ law under the Statute Of Distributions.
vn,tb,r these heirs will fud it in their
-. 20 rive ND any Of their fortune for the carrying
=. q tho great benefcent designs OF Mr.. 11lden re-
- ~ b. seen They have been known to express
n intentions but that was before the decision OF
~. oou-.s had plseed 100000 or "a 100000 en-
,ir.ly in their control.
~ The meantime the counsel for the Tlden Trust viii
.Ne advantage OF the only resource left them ana VIII
snpv for a rea gument Of the case before the court
~ has inst passed upon IL. Upon what grounds the
.aorcst will be granted IS not yet divuged. Only
- tro such requests it is said. have been granted
a, twenty wears That in this the judges Of the
cout Of Appeals win allow themselves to be per
,,Ssd that they have overlooked any important
s,oence or have msconstrued any portion of Che law
,tal n IT, is To be doubted Unless they are ~
,c-sraded the Tilden will Is forever at an eno
The trustees OF the Tdcu Trust have a. yet no
s,nds at command Uncertain, IT was evidently
,nale 10 negotiate for the carrying ont Of the pro
visions AZ the will. Now that IL IS known that the
Trst will get only 81 900 900. instead Of S6OOoooO
ar more tho arrangements for the establishment OF
a library may properly be begun. bat necessarily on
limited scale Unless site should be procured free Oh
co, from the city or otherwise the fund available foF
the library Itself woud be sadly reduced Even theh
the cost Of building at all commensurate with the
design OF the trust and other necessary expenses Woud
absorb large proportion # the flnd. What IS best
10 be done under the circumstances is yet TO De oeceu
BY the trustees They are not satisfied with the e"-
con Of Court Of Appeals. The fact that two judges
OF The Supreme Court and three judges OF the Court OF
Appeals decided in favor Of the will is pointed out as
the ground of their dissatisfaction They are also dis
poed TO speculate on what might have been the result
had the case come before the First Division Of the
Court Of Appeals Instead Of the Second Division, which
Is temporary court created by act Of the Legs
lature to relieve the overcrowded calendar.
Deas McCurdy, the counsel for the contestlng heirs
said Yesterday that he had been asked by the opposing
counsel to hold the order making the decision absoute
and final for ten DAYS 10 allow examination Of the
decisions pending the application for eargument.
Mr McCuldy will apply at once for order of &c
counting OF the residuary estate in the surrosateS
Court and subsequent order of distribution to the heirs
Mrs. William \. Hazards action in giving to the
Tiden Trust twothirds OF the share that would have
hers under the dec sOi OF Ulc court WIS unl
tirey in the nature Of a compromise. Looked at from
her standpoint il had something Of the elements Of
gift Her husband, who is member Of the firm Of
Francis D. MoultOn d Co., dealers IN salt NJ No. %
Broadway, said yesterday
1T has been Mri Hazards intention from the
very first to carry out her unce's wishes. For long
time she refused to Join the contestants in breaking
the viii, ard finally, on the very eve Of the suit in
the Court of Appeals, Mrs. Hazard compromised and
conVeying Ia executors 81. OO0. 900
and receiving from them nearly S1,000,000 If my
wife had not taken that step then, she would have
done 50 nOw.7
Mrs. Hazard received many kilograms yesterday
complimentng her on her course. One from
thusasic friend was addressed TO her husband. and
said Dear VIII Tell Laura she is d brick
George Il. TiIdcn. who the actual plaintiff in
the suit, and his brother samuel j. Tden. IT,. sue
cceded 10 their fathers business OF manufacturing
chemicals and patent medicines at New-Lebanon,
Columbia County The business was never large. and
al the time OF tier fathers death, heavily
burdened with debt. under which they have had TO
struggle. Besides this, the business left that
the proceeds had be distributed among all the six
children OF Henry \. Tilden. TWO Of the children
Ruby 5 and susan g.. lived for long tine with
Governor Tfcen at Grey stone.' The former is now
the wife Of Willis :. Payne, president OF the state
Trust Company, ut No. 80 Wallst. Susan is the
wife Of Charlie, r. sabin, member Of the Produce
Exchange, ana tneN uNt at the UtdlV lAott
sister is Mrs william B. WLittlesey, whose husband
Is engaged in tie iron trade at NewLebanon The
fourth sister. Mrs. swan is widow, and she lives
with her one in New Lebanon
question arose yesterday as TO whether the
executors and trustees he'd a right in law to COM
promise with Mrs. Hazad one prominent lawyer
said
II the conveyance Of Mrs Hazard to the
trustees themselves for purposes mentioned in the
rrfut fot Of gaIu III
might be held 10 be vOidable at the election of Mrs.
Hazard. T. however, It directly to the corpora
ton, the Tilden Trust, different question would
arise. that corporation being chartered only for the
purpose of taking property given directly by the WILL
or such as is conveyed TO 1t by the trustees subject
10 the conditions Of the will. The question then
would be whether the corporation had power to take
property conveyed TO it from outside source en-
urey. II there be such a defect, it might be cured
by an amendment Of the charter II Mrs. Hazard
should claim that she asscnted TO the compromise
under mscOncep0n Of the legal status Of her case
the fact that the trustees got much for 80 little
would lead the court 70 the presumption that she ad
been IN some measure imposed upon. In law the pre-
sumption IS always against the fairness OF direct
dealings between trustees and ward and it IS in
eumbent the trustees - show that their dealings
were thoroughly understood in every aspect By the
ward. # The will was invalid and had been 50 ad
judged the trustees merely employing portion
Of Mrs liazsd's own money to buy the balance from
her Ii. however. Mrs Hazard now confirms the
transaction, IL stands no matter what legal questions
might arise
lN section 0. the charter OF the Tiden Trust, upon
"'eA uhs question has been raised. is as follows
$40 ssa loatn shall have in addition TO the powers
Nv '"1"ff'd hg law upon al corporations ~ s'ch me
-. ana DOVER o. establish and maintain I'ee
"' ana issahg.uom in the city OF NeW-loiA, ana TO-
PIpo's 70 shall have power % demand. recover
~ 'ao receive all such money and other property rea
F'sA-i a. is given 70 it by virtue o. tie Val Of
ri D. Ilen, snail conveyed transferred TO- or
81 5 Ianne' bestowed upon by the Aforesaid eIecutofs
sc trustees By virtue Of the powers therein conferred UPON
~ a'a We said corporation shall have power 10 hold
A'se improve, dispose OF and convey al property a.
- .'ie received acquired by 10 in such manner as
o. vt calculated carry It's objects and purposes