New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-28
THE TJLDEN IT'LL DECISION.

The decision of the Court of Appeals adverse
to the Tilden will inflicts a tremendous blow
upon New-Y York. The bulk of the great estate,
presumably amounting to $4,000 900, will be
divided among the heirs at law, contrary to the
explicit wish and purpose of the testator, and
the community for whose perpetual welfare he
had made munifcent provision loses by far the
greater part of all that he designed to give 1t.
1t is not an exaggeraton to say that this mis-
carriage is a great public calamity. The city
never had so splendid a benefaction in prospect
before. No other citizen of the metropolis has
ever conferred such benefits upon it as those
which Mr. Tilden's bequest contemplated ana
there is no reason to expect that the loss Will be
renaired for MANY wears to come. The number
is very small of men who, possessing fortune
of many millions upon which no individual has
a natural paramount claim, are also possessed
by the determination to devote it to great public
uses.
1t is distressing il not eXasperating to reject
by how slight a balance of opinion the judicial
scale was depressed. During the preliminary
stages in the case two judges of the Supreme
Court upheld the will and two pronounced against
It. The final decision which declares it void is
By this narrow margin of one in eleven the I'M
questioned and indisputabe desire of the testator
is diSlegarded. When the chances OF life and
all the uncertainties and inconsistencies OF human
Judgment are taken into account 1t is fair to say
that one of the most far-reaching and benehcent
purposes ever conceived by an individual in the
interest of society has been frustrated by mere
accident. The bequest is invaldated by reason
of the indeniteness of the trust created to carry
it into effect; but, without entering upon dis
cussion of the utility of the law as Interpreted
now and heretofore by the Court of Appeals, 1t
may be safely affirmed with respect to this par
tcular case that the judges who thought the
will valid are not inferior in character or in
tellect to the judges who declared it void More
over. the fact is not likely to be forgotten that
this last will and testament was the last will
and testament of man whose mind was ex-
traordinarily acute, penetrating and cautious
and that he was advised by lawyers who by
common consent have stood at the head OF the
bar of Newly ork.
Now that this famous case has gone against
the city it is not even melancholy satisfaction
to consider how noble and enduring an instltu-
ton was planned by Mr.. Tilden. Newly York IS
singularly deficient in the means OF study, OF
enlightenment and of moral progress which
great free public library affords. There are
noble collections of books here, but they are not
readily and universally accessible and usable
The Tilden Library, established upon the founda-
ton contemplated by the testator and maintained
with the resources which he had provided, would
have become at not distant day worthy rival
of tho greatest libraries in the world BY an
agreement with one of the heirs a part of the
design will ultimately be carried out 81, OOO' 600
being available for the establishment of a pub
lie library but the original proportions of the
gift are lamentably reduced, because when seven
judges had duly deliberated four Of them felt
constrained to put upon the law an interpreta-
ton which the other three were sure the law
was never meant to bear