New-York tribune., 1891-10-28
HISTORY OF THE SUIT.
PREVIOUS RULINGS IN THE WILL CASE.
UNCERTAINTY AS TO THE AUTHORSHIP OF THE

Samuel J. Tilden died on August 4, 1885. MI
Tilden as Governor Of the state Of Newiork, as the
Democratic candidate for the Presidency the acAho"
edged leader of his party in this state for many years
an able corporation lawyer, and man OF wealth was
one of the most notable figures OF his tlmc' Mr Aae
was a bachelor, and at least Of his relatives diu
not enjoy his confidence. that the disposition
TO be made of his large estate matter of much
public curiosity until his will offered for probate
Mr. Tdens next Of kln'and heirSataw were his sister,
Mrs. Mary b. Pelton; two nephews, George H. Tildcn
and Samuel j. Tllden, r. and four nleces Henrietta
A. Swan Caroline b. Whittlesey, Ruby S. Tilden and
Susan &. Tllden All of the nephcws ard ncces were
children OF Henry A. Tilden, brother OF Samuel j.
Tilden. Mrs. Pelton has since died. leaving a grand
daughter Laura b. Hazard, to whom Mrs. PctOn's
property will descend. Moses Y. Tlden, brother Of
samuel J. Tlden, died before his brothers. DEATH eav-
ing 10 children. Ruby Tilden Mrs. Willis S.
Paine.
Mr.. Tden on April 90, 1884, signed a paper which
few months after his death admitted to probate
in Westchester County his last will and testament.
BY the will each of Mr.. Tiden's relatives received
shares Of his property principally in the shape OF trust
funds, Of which they were to receive the income.
Mrs. PeOn had the use Of house in Thirtyeighthst.
and the income from 100000. The widows OF each
Of the brothers had the income from $4,000. Each
of his nephews had the income from $4,000. and Ruby
:. Tiden and susan c. Tildcn received the income from
9lOOOOO e3cH Inc OJler NelrSatlaW received inc In
come Of larger or smaller funds After making these
provisions for his family and bequeathng smaller
amounts to friends and servants he gave trust fund
of about 100000 for library and free reading room
In NewLcbanon, and from $4,000 to 100000 for
library and free reading room in the city of Yonkers.
The thrty-nfth clause Of the will was supposed to
fix the disposition Of all the rest Of Mr.. TIden's
property. 1t is this thirty fifth clause of tho will which
has been attacked and which the Court of Appeals has
held N bn rha cIa L In fuII.
l request my said executors and trustees to obtain
as speedily as possible from the Legislature OF
incorporation Of an institution to be known the
Tden Trust, with capacity TO establish and malnta
free library and readingroom in the city of New
York and 10 promote suehls scientific and educational
objects aS my said executors ard trustees may more
particularly designate. Such corporation shall not
have less than five trustees. with power to ill va
cancies in their number; and in said institution
shall be incorporated In form and manner satisfactory
TO my said executors and trustees, during the lifetime
Of the survivor OF the two lives In being upon which
the trust OF nv general estate herein created is
limited to wit the lives Of Ruby S. Tden and Susie
WhitIescv, / hereby authorize my said executors and
trustees to organize the said corporation, designate the
first trustee thereof and TO convey 10 or TO apply O the
Ise of the same the rest residue and nder of all
my real and personal estate not specifically disposed
OF by this instrument. or much thereof aS they may
special trusts herein directed to he constituted for par
ticular persons. and to the obligations to make and
keep good the said special trusts provided tha the sa
Obligation. Siii5i1' '''''" '''4 w
But in case such institution shall not be so incor
pOrated during the lifetime CT the said Rnhy ;. Tden
and Susie Whittlesey. II for any my
said executors and trustees shall deem II inexpedient
par thereof or to apply the same any part thereof
to the said institution authorize my said executors
of nv property real ard personal, after making good
the said special trusts herein directed to be const
tinted or such portions thereof they may not deem
II expedient 10 apply TO It's use, To such charitable
educational and scientific purposes as In the Judgment
Of my said executors ana trustees VIII e oS st
widely and substantially beneficial to the interests OF
mankind.
The amount left by this resduary clause was, ac-
cordng TO the estimate OF the trustees ut the time OF
Mr. Tllden's death, about IS 100000 $4,000 OOO
hut the property since that time has increased In value
end would now probably be worth between 100000
and S8OOOOOO. Most OF the property was invested
in stocks and bonds but there some valuable real
estate including the house in Gramercy Park and
Graystone his country seat at YOnkers.
To prevent contest by any OF his relatives, Mr.
Tilden declared it to he his will that person who
Il he had died ntestate, would be entitled TO any share
IN his property should take proceedings to set aside
any of the provisions Of the WILL such persons should
be excluded from any share In his estate Similar
nrovIsons in other wills have been set aside and this
clause did not deter George H. Tildcn, one OF the
neppews from bringing suit against the trustees to
set aside the residuary clause Of TIRE will. The suit
was begun on october 90 1885, on the very day the
will was admitted to probate. The beginning OF the
sniff did not prevent the executors from acting under
the provisions OF the WILL and these executors John
Rqeow Andrew Fl. Green and George W. Smith, OBJ
tanned from the Legislature in the session OF 1887 an
act incorporating the Tden Trust for the purposes set
ont in Mr. Tlldens will Alexander 4. Orr and
Stephen A. Walker were added 10 the executors as
additional trustees Of the Tden Trust. John Bigelow
as made present OF the Tilden Trust and Mr.. Orr the
secretary The executors April I. 1887, conveyed
+e resduary estate 10 the Tllden Trust, by which 1t
has since been administered. The executors and the
ruden Trust. of course defended the suit brought
against them by George II. Tilden.
The case was first tried before Judge lawrence
who IN January 1889 decided In favor OF the validity
Of the resduary clause. An appeal was taken 10 te
General Term OF the supreme Court, which, In Nove
her. 1880. reversed Judge Lawrence's decision and
granted new trial The new trial took place before
Judge Miles Beach, and IN accordance with the General
Term opinion judgment rendered In mvOr Oh the
nlaintif Judge Beach fled no opinion, ana as the
General Term had passed upon the questions In
volved the second judgment was affirmed by that
Court without argument and without written opinion
from the Judges The case then taken to the
Court OF Ap,eals aud was fully argued and sub
mi,ted TO that court last June James C. Carter, who
IL is supposed had something to do with the drawing
Of the WILL the chief counsel for the executors
and the Tilden Trust Daniel e. Rollins was associated
with him. Delos McCurdy OF Vanderpoel Green &
Cunning was the attorney for George H. Tlden. and
Ioaenh II. Choate was the leading counsel Ex-Judge
George f. Comstock, made one OF the arguments be-
fore the Court of Appeals. The grounds on which
the trust clause attacked were that the second
paragraph Of the clause contained a devise of the
property which was clearly void for indehnteneSs'
and that the legacy, even as regarded the Iildei
Trust, was too Indefinite TO be enforced The eN'
ecntor II was argued might give any Of the property
, the ridden Trust or they might give of II to
that object II they chose 10 withhold 10 from the
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