New-York tribune., 1891-10-28

Trust they could give il TO any charitable. educational
or scientific purpose which suited them without re
straint or fear OF cgtism. The WILL II was said wa
not that Tlden but Of his executors; they and
not he disposed OF the estate The counsel for tho
executors argued on the other hand that there was
primarily 4 lift through the executors TO spccas
object the Tllden Trust, and that the second para
rraph contained only a secondary alternative DIS
nositjon OF the estate As the Tilden Tlst was duly
Incorporated and the property transferred In accord
ance with the first paragraph OF tie WILL thc lac s'
the second paragraph was invalid was. they argued
no consequence Judge Lawrence, before whom he
case was first tried at Special Term of the supreme
COurt held that the two paragraphs could be sepaaa
and the first paragraph enforced. The majority
opinion at the General Term was written by the PIC
siding Justice, Van Brunt, and was very clear and
forcble statement of the objections 10 the Trust clause
He said: "The radical vice OF the entire provision
seems 10 have arisen from the testators unwngness
TO confer any enforceable rights upon any quanned
person body. lie seems 10 have had absolute con-
Gdence in his executors but In no one ese-colhdenee
il is 10 be regretted to the exclusion OF that necessary
defniteness for which exeeutoria or trust dscreu0n
cannot be substituted under our system OF law.'
1t had long been held t.:st trust without certain
beneficiary who could claim its enforcement was voh'
whether the object sought was wise unwsc. Under
tls theory of law the clause, II was held, was invalid
Justice Brady agreed with Judge Van Brlnt IN us
opinion. but Judge Daniels wrote dissenting OPINION
in which he expressed the opinion that the opleeuohs
made to the will were extremely technical and not
sufficient to prevent it, enforcement The power gwen
I'm the second paragraph Of the clause was admitted W
dge Daniels to be void, but he thought that the nrst
paragraph leaving the property TO the Iildcn Irus.
could DC enforced. The Court Of Appeals iins No" 'P
proved OF Justice Van bruntN reasoning, -, o.
The question whether Samuel IudehssWIu ,a WIS
the product OF his brain has not been satsactON
answered. lt was said that ne co1suted ts 1naraeS
N thot effect has been verified. Mr. OConor. il was
thought did not approve OF the clause Mr Choate 10
Ills argument before the Court OF Appeals says: ~
seems to be the fate OF profession that when us
most prominent members undertake to be their own
th@yS are most badly ADVISED lie quotes the state
ment made OF a celebrated lawyer OF whom " was sIa
$50 subtlemlnded was this great lawyer that when no
came 10 make his will he seemed to nave Injected mo
il all the most technical moot questions OF MS tme
that they might be settled for the benefit OF Ros,e
AZ the expense OF his estate" Mr. Tilden's mind was
so constituted that he might have preferred rather 70
defeat the objects he had In mind than TO glve ms
property outright 70 some institution which might @ no.
aer ali be formed in exact compliance with the plans
which he had probably discussed with MS executors.
The Tilden Trust which was ORGANIZED under ue
specal act OF the Legislature, received the power 10
establish and %sR9@ s h DTsGy recSe Sed ali %
and other property left for that purpose y Mr. Tden.
will The trustees had in mind the establishment oi
an institution which should be extensively use
home OF Mr. Tiiden in Gramerry Park has been used
h. the trustees and The Library mi plight hsSe 81 9fs M
Tiiden 70 found a free library had been frequently
expressed 70 some OF his friends. and it had been
honed by them that il would be carried out wlthout
nnpcsion amOnC his heirs. The decision Of the Court
Of Appeals, however, eftectually prevents any suca
disposition of the property which Mr. Tllden s1 az
helm from him. They were apparently unsuccessful;
and they left their heirs largely indebted 10 ssmue'
J. Tiden Some of Mr.. Tilden's nieces were his iavSn or
lie companions but he had such fondness ior ~ ~
nephews as to wish them 10 Inherit large shares u ns nv
estate He directed his executors TO surrender any
claims against the estates OF his brothers. but tne o
nnSito1 made by the courts OF his property IS far
moved from that which he contemplated.