The sun., 1891-06-03
THE TlLDEN WILL CONTEST.
GEORGE H. I7LDEy'S ATTACK UPON
TIE THIRTY-FIFTH ARTICLE


THE THIRTY-FIETH ARTICLE
Ex.surrorate Rollins Begins His ArEu-
nent Before the Court OF Appeals IN
Support or the Provision for the Es-
tasiishnest OF Free Library.
SARATOGA. juno 2.-The action OF George II.
Tllden against Andrew II. Green. John Bige-
low and George W. Smith. ~ executors and
trustees under tho last will and testament OF
in the second division OF the Court Of Appeals
In session here. Tho case IL m appeal from
the decision Of tho Supreme Court General
Term First Department, for the plaintih.
The ca.e was opened by Daniel q. Rollins.
counsel for the defendants He called atten-
tion to tho fact that Samuel j. Tilden died In
August. 1886, and left surviving him his sister.
Mrs. Mary D. Polton. two nephews. George 81.
Tilden. who 10 the plaintiff In this action. and
Samuel J. Tilden. Jr.. and four nieces. also de-
PENDANTS: and that in 1884 Mr.. Tilden executed
will. which was admitted to probate In West-
chester county In October. 1885, This paper
made John Bigelow. Andrew H. Green. and
George w. Smith executors OF tho instrument.
all Of whom duly qualified as such.
Tho relief to which the plaintiff. George Fl.
Tilden. says be Is entitled In this action" said
Mr.. Rollins. us an adjudication that certain
provisions OF this will are illegal and void that
ns regards the property to which those pro-
visions relate tho testator died intestste. and
that at hi. death tho title to such pronerty
and in such other pc! sons a. wore then the
and hsTs a. aE :rm Tbs Mss
% Iswrsnce - ia isss S ana 'H in January fsso isdS
4 ;hs Chill @.hIsss. a ,ss5sisis Fl The .i WI
hsssS Sa ~ s,Ss II 70
J,~ hnr hat ts,E,,t
Mas ordersi. Ths eYns,fas.ioS oi the thirty.
hoains @ Sas IS ptoSisoas aS Inyniid q course
followed and the plaintiff prevailed. The ludg;;
%ens bis ss was s rnSr
- be pia;ntitrs counsel has seen at to assail
fifth article which instructs the executors OF
MIR. Tilden's will TO incorporate aud establish
as the Tiiden Trust with capacity to maintain
4 free library and reading room IN the city Of
Hsw 1Fs S
apd trustees may designate. The article pro-
Such Incorporation shall not have less than
FIVE trustees. with Gower 10 hll vacnn-
tnse nsS9r and ssss
IN form and manner Satisfactory t" ny ny said said
executors and trustees during tho lifetime of
the survivor Of the two lives In being upon
3. Tilden and susie Whitley. I hereby au.
to convey Or apply 10 the use ~ OF I tho same tho
rest. residue. and remainder OF nll my real
sns shsy exasf spesia
ticuiar persons and to Obligations to make and
that the said corporation Shall be authorized
by law TO- assume such OBLIGATIONS. But in
dnrins ihe iiistims OF the survivor OF the said
ltuby S. Tiiden snd Susie Wh,ttleay or II for any
It 10 as
e. or t. apply thS same or any part thereof to
ecutors anu trustees to apply the rest. residue.
and remainder Of my property. real aud per;
trusts herein directed to bs constituted or
such portions thereof az they may not deem 1t
e the Ct
trustees viii render the said rest: residue. AM!
substani,islly beneficial to The interests ot
Z sgs Ssssoss ps5vsa Nj n
is invalid, both for ndenniteness Of subject and
to Of oSs sSS0sS oSs win h h
certainty and precision the benefciaries OF
bis ss'ate aPS has also tais to
hy the pleadinus and evidence submitts1 at
lawfully conferred upon Them by the Will Of
M sn 10 he fdsn III his
ss' 'ss' : :!
made written .ppiicnton to tie 'ie %erisatsrs t
rasn T1as deesr
ing IL their he application that they elected to
aaa Of tho hs
mont and maintennnce OF q free library in tho
the will delivered to the trustees Of tho Tilden
entire residunry estnto.. and that conveyance
"rW.y BY tho Trustees o. the
ceptance valid and etlsctnalY
ana sbs dspSsisa .5G5 R.iSyS SSyfs
involves the question whether q man OF subtle |
int elect large ,nttainments and accurate |
anply his vast residusry estate to tho % use and Id
benefit OF the soT1nnaity 1 In which that estate
a!nrably failed in making III, purpose. efIectnal.
y Tthird.becapse, aecnrdinRly as the decision 9!
ss ;oyor hr BE- IL iSvos Of the paG.
ence hy bl: direction. tho residuary estate viii
iiG not intend to besfow It. and Tor whose come No
Tort and enjoyment ho made In other portions
ss or %i on ,ss
other hand be dedicated to the enjoyment Of
The great public of.New York."
Atthis noint the court rested. To-morrow
provision 10 favor Of the Tiden Trust would
70 yaiid And Legal standing by itself It's legality
act that the ulterior direction of article s5 in
ayor q certain charitable. educational, and
scientific nnrposas fs invalid and lnefroctuAl
Judge Hilton. Mr.. Henry g. Hilton md Mrs
Edward Hilton were Interested spectators In
he court during the proceedings To-day