Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1891-10-28
SAM T|LDEN'S WILL.
Empire State Court of
Appeals Drops it.
GOTHAM GETS $2,OOO,OOO.
One Of the Most Interesting Will Cases
on Record.

New YORK, Oct. 2S-The contest over
the will Of Samuel J. Tilden was ended by
a decision OF the second division of the
court OF appeals OF this state. which sets
aside as invalid the clause providing for
the establishment Of a library and free
reading room In this city. We're ID not
that previous to the decree Of the court,
one OF the heirs had agreed to compro-
mise with the trustees Of the Tilden trust,
the city would lose entirely the benefits
which the statesman -philanthropist do
sired should accrue TO IL from his estate.
As IL Is, however. the sum Of t2 600, 600 is
assured for the carrying out Mr. Tilden's
wishes notwithstanding the adverse de-
cree Of the court Of appeals.
Except for the contest the city would
have received. for ths purposes speci fed,
at least 81, 200, 900 There 10 no possib bility
now for further litigation unless the
counsel for the executors Of the will
Apply for ~ Reargumsnt
before the court which has just handed
down its decision. IL is not thought prob
able that this course will be taken, though
ne definite announcement has yet been
made. The fact that at least g., 900 900 will
be avaiable for the founding Of FREQ city
library, The Tribune says today, is q sur
prise to all except the parties to the com
promise. No hint Of it had been given
out. and il was not even known to the con
testing heirs.
The amount will como from the shares
Of the residuary estate that would have
gone to Mrs. Laura B. Hazard, the wife
of william b. Hazard OF this city. Mrs
Hazard was the daughter of Mrs.
Mary B Pelton, sister Of Governor Til
den. She would have been entitled TO one
half OF the estate In litigation, but she
was not one Of the contesting heirs, though
a decision revoking the Tilden trust clause
would, Of course. have bsnefitted her by
an agreement with the executors Of the
will, however, two thirds of her share oi
the estate is to 20 TO the library fund
without Regard to the Outcome
OF the litigation. The suit now ended was
instituted by the two sons Of Henry A
Tilden, "A brother OF Samuel j. Tilden. Tn,
will had discriminated against thes,
| nephews In favor OF their four sisters, eacl
| OF whom received twice the amount tha
was le I to their brothers.
These nephcws and nieces will be tn,
beueflciaries OF the decision and will re
! cc!ve probably 10000 each. They ar,
George H. Tlden, Samuel j. Tilden, Jr
Mrs. CaroliGe B. Whttlesey, Mrs. Hen
rietta A. Swan Of New Lebanon, Susan q
Tilien. the youngest daughter, who wal
recently married TO Mr.. Sabin, and Mrs
wills :. Payne.
The decision OF the court Of appeals ends
one { the most interesting will cases OF
record. That the will Of so eminent q
lawyer should be open to contest WAS ir
itself n surprise, aud tho announcement
Of the suit WAS received with astonish
ment. The case has
Been Fought Through three Courts
and has been followed by tho people OF
Nav York with the utmost interest, he
cause on the decision hung the possibility
of carrying out broad scheme of philan
throphy from which this city would have
received great benefits.
The lawyers on both sides have evincet
the greatest confidence in the strength ol
| their respective positions, and u decision
has been reached only after long and
bitter strusg.e. James G.. Carter, the
leading member of the New YORK bar, and
ex-surrogate Daniel G. Rollins were the
counsel for the executors Of the will.
Mrs. Pelton's interest is one-half Of tn,
estate, and she will receive about 81 ,O00, 900
leaving e., ,000, 900 for the library Though
not carrying out Mr.. Tilden's full purpose
1t will accomplish something toward 1t
| Tho other heirs from time TO time ex
| pressed themselves as anxious to SEQ che II
brary established and have professed a
times q readiness to compromise, bu
terms that the trustees would accept coult
not be reached