New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-09
THE COURTS.
THE TILDEN CASE NOT TO BE REARGUED.

THE TILDEN CASE NOT TO BE REARGUED.
DECISION OF THE COURT OF APPEALS ON THE
RECENT MOTIONS.
Albany, Dec. SIN the Tllden will case, in the
second division the Court of Appeals to-day the mo-
ton for reargument and the motion TO amend renitpr
we're denied without costs
There was no opinion handed down with the de-
cisiOn. The judges simply denied the motion ior
former decision OF this court was rendered, except
that Judge Potter, who has gone off the benca dld not
court was made By vote Of to g. The reargument
motion was denied by vote Of to = Judges braoley
and vann being the two who favored a reargument
The decision Of the Court of Appeals denying the
motion for a reargument Of the Tiden Will case vas
received with regret in this city yesterday. This
decision closed the last Of appeal In the great
contest. The residuary estate. which under the VIII
0f Governor Tden 10 be devoted to the establish
ment OF free library and readinsToom in New-f orK
City, will be distributed as follows: For the
library about 81 900 900 Will be available through the
compromise made with Mrs. William A. Hazard, VINO
was the her-ataw to onehah of the resduay estate
Mrs. Hazard, whose husband Is a member OF the nrm
OF Francis ID. Mouton & Co., dealers in salt at No.
20 Broadway will get S975,00o under the terms OF
the compromise which arranged with the executors
OF the will several months before the decision OF the
Court of Appeals the other half OF the reduary estate
Will go to the six children OF Henry A. Tllden, a
brother OF Samuel J. Tden, who will get something
over 100000 each These children are George ii.
Tlden who was the actual plaintiff in the suit and
Samuel j. Tllden, IT, manufacturers OF chemicals ana
patent medicines at New-Lebanon Columbia County ;
Ruby ST. the wife OF Willis !. Payne, formerly superin-
tendent OF the State Banking Department and now
president Of the State Trust Company, at No. 80 wall
st. Susan Co. who is the wife Of Charles b. sabin,
member of the Produce Exchange; Mrs. William b.
Whittesey whose husband is engaged In the iron trade
at New Lebanon and Mrs. Swan widow. who lives
with her son at New-Lebanon
1t will undoubtedly take several months 10 pus
the residuary estate in shape for distribution In the
meantime the trustees of the Tilden Trust Will de-
eide how they can best the $2.OOO'OOO winch Is
to come to the CITY, These trustees are John Bigelow.
Andrew IL. Green. George W. Smith. Alexander b.
OFT and Stephen A. Walker.
The suit against the trustees 10 set aside the
residuary clause was begun in 1856 In January.
1899 Judge Lawrence before whom the case was hrst
tried decided In favor OF the validity OF the clause.
An appeal was taken to the General Term OF ths
supreme Court, which In November iooV. REVERSED
Tudge Iawrence's decision and granted new t1al.
The new trial was before Judge Miles Beach who gave
Judgment In favor OF the heirs. The Judgment was
confirmed by the judges of the General Term Ing
case was then taken TO the Court OF Appeals "hee II
was argued last June. The decision OF the court
setting aside tho trust clause was given on ocOper