New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-05
FIGHTING THE TILDEN TRUST.
JOSEPH FL. CHoATE CLOSES HIS ARGUMENT
FOR THE RESPONDENTS.
THE APPELLANTS SIDE AGAIN TAKEN UP BY

THE APPELLANTS SIDE AGAIN TAKEN UP by
JAMES c. CARTER.
Saratoga. n " June 4.-Joseph II. Choate re-
sumed his argument In the Tlden viii contest IN VIC
Court of Appeals today and held the Afternoon OF INC
court until nearly 1 O'Clock. The points maze oS
him were that the charitable scheme attempted pS 'he
will Is void for indefnteness and uncertainty III r-
spect 20 both the object and the subject matVer'
The trust attempted to be created by the 39th Article
is void by the Inv Of New-YorS because OF the ao-
sence OF beneficiary def6ed by the tesator entitieo
TO enforce tho execution. These decisions strike the
keynote.
The advocates of the WILL apparently despairng OF
maintaining the trust which the testator SO contVed
as not II DO subject to the enforcement OF court OIL
equity, fall back upon the hackneyed NOTION ''"''
though bad as a trust, 1t may be sustained as a
noyer in trust. hut there is warrant for
srsch claims The charter OF the Tilden Trust docs
not conform 10 tho will. This defendant corpora
ton therefore cannot take title to the properly
Mr. Choae then referred to the Roosevelt WILL anu
said II the attorneys for the other SIDE can MAKE ou
that the Will Of Governor Tden was exactly ike that
Of Mr.. Roosevelt then 1t will stand' MI Choate con-
cuded his argument by declaring that the Judgment sp
nealed from shouabe affirmed and the trust declared
void and that at all events it should be adjudged that
the defendant the Tilden Trust is not entitled TO take
Al beneficiary, and that the defendants trustees DC
permanently enoined delivering to IL any part OF
the resduary estate. .
lanes c. Carter, OF counsel for the appellant then
began his argument. Those who arc familiar with the
characteristics intellectual and moral Of the late Gov
ernor Tilden would, he said at once think 1t probable
,hat the will IS entirely his own composltlon'
In carving out his great plan for free library he
adopted the expedient Of procuring an express uu''
from the legislature well knowing the dlmcuiues oieo
encountered In requests to charities In objections pn'
such offs were void from Indebtedness. lie was
n
scheme and to describe and define the future corpora
ton He made it essential that the principal ooectS
y, the corporton should be to establish and MAINTAIN
free library and readlng-room In the city OF new
yorl, Int AT the same time allowed other scientnc ana
educational objects to be associated WIN IL. AheSe
terms we're made definite by PROVISION Onat oheS
shoud be such scientific and educational oo)ects 40
NV said executors and trustees may more particularly
designate He carefully avoided any peril on the
oo ~ nernetuty by providing that the legacy should
vest within the period Of two designated lines in being
His caution is manifested in another provision He
clothes his executors with that discretion winch nc
would not be present to exercise, OF withholding uo
whole gift I'm case Objectionable provisions were naoe
by the LEGISLATURE. The charter having been gahoeo'
conveyance OF the whole residue was promptly maze
The completeness Of Mr.. Tilden's scheme Is clearly
manifested in that little doubt or difficulty mas @fise
| In taking the steps necessary to carry 1t ont'
Ii would be rather contrary to the usual experience
IL so large gift TO public object should DC alO"ou "
pass unchallenged. however unsubstantal the GROUNDS
| of objection to 1t might seem. When doubts were eA
pressed as to the intention OF the testator IN TINS case
he had found 1t difficult, he said, to deal psuenVV WIN
| them because IL was hard to find language in which
N exprcss the intention Of the testator other than that
| which Mr. Tiden has himself employed But since
one able Judge had found the objections 70 De nsuper
shIe a. was necessary treat them as being serious
| The sneaker argued that the trustees, Andrew ii.
Green, John Bgeow and George W, smith nun were
| Known and reputable gentlemen, hence the trans.
erree were known and the bequest was valid on that
ground and all the courts can 90 rs 70 see 'haT
nossbillty that tie trustees m ght exercise their
power defeat the trust was Too M o ana fbI 4UI
fifth clause for it contains ali the elements OF alter
native disposition He denied at a sTsed that
| the circumstances Of discretion conferred on the
trustees was wholly without effect on the validity Oh
| tho gift. ~, c.. ros Elm hold
| ing their attention.