New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-06
THE ARGUMENTS ENDED.
JAMES G. CARTER CLOSES THE TLDEN
WILL CONTEST.
SEVENTEEN HOURS OF DISCUSSION AND LOO
PAGES OF PRINTED POINTS.

PAGES OF PRINTED POINTS.
Saratoga n v June Sat noon to-day the srgu-
nent in the Tilden will contest came 10 an emo. lsi
has occupied seventeen hours Of discussion since io
was begun on Monday. The points submitted cover
700 pages, and the oral arguments will cover 100
more. Promptly at 10 O'Clock james c. Carter re-
sumed his argument He held that when man
wished a portion of his property to be applied after
his death 10 a charitable purpose, two things wero
essential first that the legal title TO the properly
be vested in person who shall have the tho And
MANAGEMENT Of II for the desired purpose ana secono
that he or some other person should have the power
to select the proper objects upon whom the oenens or
q charity should be bestowed.
The Characteristic feature Of charity Is that tho
benefcares are an unasoertaiDed and shifting class At
individuals who cannot at any particular une Do
ascertained and designated. except BIZ some persons
clothed as trustees with authority such benefciares
cannot be so ascertaned that they NAV appesr In court
to enforce an execution Of the trust and such trusts
are forbidden both as trusts and because they create
perpetuties There has always been mode OF Great
ing charity in which neither OF these difficulties has
any place. This is through the instrnnentality d
corporate body. Such body is In Itself completely
equipped scheme created by the Legislature. The
corpoate body exists forever and has power forever
to carry out its purposes and TO ascertain and Designate
the individuals who to receive the benefits OF the
charity 1t takes whatever property receives not In
legal contemplation trustee, although the duties OF
trustee are really imposed upon it, but absolutely and
for its own use holding the equitable as well as tho
legal title. and question OF Indebtedness or un-
certainty IN the beneficiary arise upon con-
veyance to such a body. The power Of the
executors is not to complete gift. Tho
testator does not give to the Tilden Trust so much
Of his resduary estate they may think expedient,
and If they think IL expedent, but he gives his whole
resduary estate to the corporation unless they think
that amount nexpeden and only in that case confers
@ subsequent power upon them 10 withhold any endow
ment as inexpedient The gift, therefore. vests al
once the corporation subject to power TO take 10
away in whole or in part Mr. Carter then argued thas
the intention Of the testator settled the whole matter
That he intend to die intestse as TO any part
of his property is certain. The PLAINTIFFS counsel,
however insists upon this. That the Tden Trust waS
the primary object Of his bounty is also certain Tho
great bulk the estate is personality and to such
property the trust is entirely valid. The restrictions
in our statutes upon the creation Of trusts apply to
real property only, and aside from these restrictions
trusts may be created for any lawful purpose.
closing, Mr. Garter argued that the objection tnsc
the bequest void TRANSFORMING our statutes against
perpeuiues is too fanciful for serious notice. TINS
objection at once disappears he said III as we have
shown the exercise Of the discretionary power Of the
trustees is condition precedent, but condition.
subsequent and that the judgment appealed from should
be reversed and that OF the special Term anhrme0
with costs"
At IL O'Clock the argument was concluded.