New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-29
THE TILDEN WILL CONTEST.
YONKIlRS AND NEW LEBANON MAY NOT GET
THEIR LIBRARIES
WITH THE TILDEN TRUST CLAUSE MAY FALL
ALSO THESE MINOR BEoUEsTs-THE Ex'
EcUToRs OF THE WILL HAVE
ASKED FOR INSTRUCTIONS.


EcUToRs OF THE WILL HAVE
ASKED FOR INSTRUCTIONS
The T;lden will contest has assumed a new phase
.ocord;ng 70 the statements of counsel for both
the executors and the heirs. The action brought
for an accounting by the heirs which came before
the Surrogate at White Plains yesterday, was
adjourned one week, during which counsel for the
executors and the heirs are to submit papers 10
the Surrogate on question which arose yesterday
L. c. Ledyard, of the law firm Of Carter q
Iedyard, declared in court that the executors
had brought an action in the Supreme Court IN
New-York County which made the action brought
by the heirs for an accounting unnecessary. Coun-
sci for the heirs insisted on continuing the action
for an accounting and the Surrogate adjourned
the case.
L. c. Lcdyard when seen last night said to
q Tribune reporter: In the suit brought by
George H. Tildeh he attacked three clauses of the
will the 33d, 34th and 35th. The 33d Clause
creates a trust for library at New-Lebanon.
n Y, and the saith clause makes similar pro-
vision for YonlSers, n. Y. When the case came
20 trial the counsel for the heirs said nothing
about the 33d and saith clauses. The S5th clause
was declared invalid The very day the court
denied the motion made by the executors for a
reargument the executors, who were anxious to
settle the estate instituted action in
the Supreme Court in this county, to procure the
instructions Of the court as to the 33d and 34tb
clauses.
I'VE wanted TO know how to dispose Of these
clauses We wanted to know whether we must
decide at our own peril or not We also ask
the Court TO what we shall do with the 4Oth
clause which provides for a monument IN
the cemetery at New-Lebanon and for keeping
the family plot in repair. We are also in doubt
az TO the clause that provides for the dis
nosal by the executors of such books-fn Mr.
Tilden's library they shall sc ft to
sell or dispose OF in any way they believe would
meet the approval of Mr.. Tilden were he alive.
We want TO know if these clauses are effective,
now that the 3jth clause has been declared in
valid
Delos McCurdy. counsel for the Tilden heirs.
said In my complaint, did not assail the 33d,
saith, 35th and 30th clauses of the will as being
Invalid / didn't argue as TO the validity Of the
33d and 34th clauses. and did not ask the court
10 find them invalid They Were plninly and
palpably invalid. but they only involved $4,000
each. and as the 35th and seth clauses undertook
20 convey the entire residuary estate TO
the executors, the 33d and saith clauses fell
with them, because the executors would
then have funds with which TO
construct the libraries.
The 10th clause creates a trust of 10000
TO construct a monument 20 Mr.. Tilden and keep
the family burial plot in repair That trust, too.
Ia invaded but we did rot assail IT, The pur-
pose OF this action brought ny the executions 10
The Supreme Court is 10 have the 33d 3ath anu
AOth clauses declared invalid because TCv
concededly invalid and the executors do not want
g. b. compelled 20 bother with them.
Having gone into thr courts and declared that
slch - great lawyer as Samuel j. rilden could not
make mistake in drawing will, counsel for
the executors Cow go into court and ask that
three clauses OF this very will be declared Invalid
all Of which goes TO show that consistency Is a
Jcwel''
Mr. McCurdy said he would not oppose the suit
brought by the executors