New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-06
THE TILDEN MILLIONS.
FINAL STRUGGLE IN THE GREAT WILL
CONTEST.
IF THE COURT OF APPEALS REFUSES TO HEAR
A REARGUMENT, TIE HEIRS WILL GIT THE
FoRTUNE-MR CARTER's STRONG PLEA.

| REARGU MENT, THE HEIRS WILL GET THE
FoRTUNE-MR GATHERS STRONG PLEA
| The final struggle In the contest over the VIII OF
Governor Samuel J. Tilden has begun. motion for
| the reargument Of the case, has been announced
in the Tribune, submitted TO the Court OF Appeals
in Albany Monday last. II 1t Is not granted, the
| decisions Of the lower courts, giving the reslduary
| estate, which amounts to 100000 ut least and
probably more to the heirs-at-law Will be affirmed
Then the carrying out Of Mr.. Tldens great scheme Oh
benehcence to the people OF this city, as he out
lined IT, will be impossible. IT, on the contrary the
Court of Appeals is sufficiently inspired by the arsu
mens OF the counsel for the executors OF the VIII 10
grant reargument there will be one chance-the last
oneto establish BY decree the validity OF the Tiden
Trust" clause.
1t is not altogether encouraging fact that the
| New-York Court OF Appeals has granted only Two
such motions for reargument In the twenty odd years
that have elapsed since its establishment In this
case, however the brief upon the motion Is REMARKABLY
| strong, and the force OF its logic Will come con-
vncngy to the majority Of those who seek TO interpret
the testament of the "Sage of Greystone' on com
nonsense basis The validity Of the Trust clause had
already been passed upon by the courts OF spechi
Term and General Term, where the adverse decision
as in that OF the Second Division OF the Court OF Ap
peals made with a majority OF one only OF the
judges sitting. II the counsel for the executors OF
tho will succeed In reopenng the case and III securing
reversal Of judgment NewYork City Will get It's free
library and reading the scale contemplated by
Governor Tidcn. If not, then the S2,oOO,oco Sc
cured by compromise with branch OF the heirs VIII
be all that will he available for this purpose.
In the meantime, the trustees Of the Tidcn Trust
which incorporated soon rs possible AFTER Mr.
T.ldens DEATH awaiting the outcome OF the srug-
gle. They will take active steps toward the es-
Establishment of 4 library until the is finally de-
termined The settlement Of tile question as TO
whether they will have 100000 or over SoooO'ooo
at their disposal will naturally have some effect upon
their plans OF the residuary S6,OOOOOO, SO'o'ooo
has gone Mrs. william A. Hazard under the terms
of the compromise This will be hers whether or not
the efforts Of the executors to secure the
other So 100000 that, under the decree. will go to
George II. Tilden and the other heirs. Newfork VIII
have Tilden library so much is assured us
size and adequacy will depend upon the fate OF tho
motion pending.
1t has been the common UNDERSTANDING th't "'o
clause establishing Tden Trust was declared inVau
because OF abstruse principles OF law ana uouDiesoho
tecnicalities that mysterously worked to subvcrt e
evident will of the teStator, the main point being the
lack of a definite beneficiary. Such view the counsel
Of The executors are at great pains u combat Inc
whole question: they assert has been narrower uo"h
In one of Interpretation of words purey-a question
simply as to what Governor TlIdcn intended ana
expressed by the thirty fifth clause of his will
This clause which is providing for tie dispos'u
of the residuary estate is divided into two secohs
one urinary and preferential and the other secondary
and antltheflcal. The primary clause directs the
INCORPORATION of the "Tilden Trust under certain
restrictions. The secondary clause provides ua'' III
case for any reason the Trust Is not established, inc
executors shall apply the residue To such char'aoo'
educational and scientific purposes as In the )udg
ment shall be most widely and substantially ben@hc
IN the interests OF mankind" Judge Brown, OF inc
Court of Appeals. in giving the opinion OF the majority
of the second division OF the court conceded that o
first clause directing the incorporation OIL the trust
for the purpose of establishing free library and read
ing room in the City of New-fork had $1,000 aIone'
worded as it is, 1t would have been valid.
The second clause, however, Is declared p'ainy
invalid and Judge BrowE confines himself largely
70 the Interpretation OF the words used Ills argument
was intended to Prove that both clauses were poruoi
of q single scheme, namely gift 10 c"ari'"uo Vs.
without sufficiently distinguishing characteristics "
give an alternative character to the clause tnaI eo
yva no antthesls as the designated ana the pow"
ors conferred I'm both were the same; and that hence
The second was equal with and an essential part Vi
the first and infected it with It's own invaIldlty
For convenience the thirty fifth section Of the VIII
is here given; ,. -
eedv a. nosible from the Legislature an act OF neo
ration Of an institution to be known as the Ioen Ius
with capaclty establish and maintain Tree library III uc
CITY Of NewYok and promote such scientific anu eoucs
n, objects A. nv said executors and trustees may more
,,,cularlv designate. Such corporation hall have not
les, than with power to III vacancies IN %
I'm said institution shall De hcorporaVu
On form and manner satisfactory 70 my said executors anu
soe. during the lifetime the survivor OF the two lives
I'm being upon which the trust OF my general esu he
created is limited wit, the lives OF Puby > Iueh anu
susan Whuescy hereby authorize my sad executors anu
trustees TO ogarize the said corporation designate '"o ~
Trustees thereof and convey to or TO apply 70 the use OIL
the same the residue and remainder 81 All NY T anu
noronaI estate not specifically disposed OF by us hsu
ment or so much thereof they may deem eApeue' ou'
subct nevertheless special trusts herein directed to
no constituted for particular persons, and TO the oDgaohs
to make keep good the said special trusts pro'uu maj
the said corporation shall be authorized Dy Ia" 10 "ssu
such obligation.
mt IN case such institution shall not be so incorporated
durne the lifetime OF the survivors Of the s1d kuDy
s. Tndcn and Susie Whittesey, or II Tor any cause OF
reason my said and trustees shall deem III
expedIent to convey said rest, residue ana remahue
=, 70 aDnlv the same or any lnrt thereof 70 the
said institution, L authorize my SAID executors anu
trustees to apply the rest residue ana remainder OF my
property and personal after making eood ue sao
a trusts herein be constituted or such por
,io,s thereof a. they may deem 1t expcdent to apply 10
lis use to charitable educational ana seienuhe puf
poses a. in judgment OF my said executors ana trustees
will render the said rest, residue and remainder Oh my
property most widely ana SUBSEQUENTLY oe"oH0i'i " ~
interests OF mankind"
At the outset of his motion for reargument james
C. Carter OF Carter Ledyad the counsel for the ex-
ecutors. says:
.That Governor Tilden in this article actually dc
scrbed under the name OF the Tilden Trust corpora
ton competent 10 take bequest Is not denied Did |
he intend that resduary estate much OF 1t as
his executors think expedien should to that
corporation unless they thought for some cause or
JASON that II would be inexpedent that any OF "
should be thus devoted, did he intend simply TO
devote IDS resduary estate 10 charity generally without
nrcferne one taker or object over another? II the
first mentioned Is the true one Is now
conceded that the thrtyfth article Is valid and ef-
fectual II the last mentioned is the true one
Il is conceded that the article is invalid
After quoting the portions of Judge Browns opin-
ion containing the arguments by which 1t was at
tempted to show that the two clauses identical,
Mr.. Carter says:
before dealing with the merits Of tlis conclusion