The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-10-28
THE TILDEN TRUST VOID.
Dying Wish of the Democratic States
man OHarruIed hX a Court.

ALBANY, n Y, Oct 27.-The court of appeals
rendered decision this morning in the case OF
George II. TilGen vs. Andrew III Green and Others
as executors, etc, appellants, and Laura Hazard
ct al, respondents, affirming judgment, with
costs payable to all parties out of the estate
This renders the Tilden trust void and is in
favor of his heirs. Under the statute of dis
tributiOn that regulates the inheritance OF the
property the issue of Mrs Pelton and Henry A.
Tilden. sister and brother of Governor Tilden,
come in for equal share of Ss0O0,OOO Mrs.
William B. Hazard is the only heir on the Pelton
side. and thus is entitled to $i,000,0Oo. The
other 100000 is subject to the claims of the
six children of Henry A. Tilden. They are
George Tiiden, :. J. Tiden, ir., Mrs. William b.
Wkittlesey, Mrs. swan, a widow, who lives III
New Lebanon. Mrs. William 5. Payne and Mrs.
Schwartz of New York city. Judge Brown, in
his opinion, says in substance: Unless within
the rul les which control, this court. in the con-
struction Of the win, can separate the provision
in reference To the Tilden trust from the general
directions as to the disposition OF the testators
residuary estate contained in the last clause of
the thirty fifth article. and fnd therein that the
preferential right to some, or all or such estate,
is given to that institution when incorporated,
and which the court at the sUIt OF said lnstItu-
ton. could enforce within the two lines which
limit the trust. we must within the prir-
ciple OF similar cases declare such provision of
the Will Invalid. There was no dis
cretfon 70 he exercised upon tae ques-
ton as to whether the property
shall go to charitable purposes. Discretion
there is as to the objects oi charity, bat none as
10 the general disposition of the estate. The
object ana purpose Of t,stator is the devotion OF
his estate TO charity. The indge goes on 70 say
tbat the Iilden trust does not represent any
alternative or primary purpose n the DISPOSE
tion OF the estate. but IL i simply q suggestive
instrument As % the ccstator's scheme for the
disposition OF the property by the T.lden trust,
II ,yes nothing but the virtue OF the Will The
re,iduary estate Is vested IN the trustees, and Il
is SOLELY bv their action that it's 70 become yes
ted in the T5lden trust. Every expression used
in the viii indicated the iC>toWal OF complete
discretionary power 70 convey or not 70 convey,
su! the creation aud bestowg. OF sGcn power in
me executors : wholly opposed 20 aud fatal 10
the eNis stence of the exeeutory device.
After considering various oEneT features in
connection with the devised Trust. the decision
SLY, the u,teI57c provision cannot be eliminated
from -nc w.H without destroying tae scheme
t...- .r tss.algr designed Tor tac disposal %; MS
es-,+e. A. -he election Of OBJECTS ol trust was
.j, e-atet absolutely to the trustees, ther. Is
r,.rsou or corporation wAp Cogli demand any
-s-r If tau estate or maintain acton TO compel
tn, r-ustees - Execute rha power in their favor
THIS j. a .a-a, .-5eet n he Will The VIII OF
-. trustees Is made controlling aad not the viii
Of ,te teStat0r. such authority IS in cOntr4vll-
ZION Of the st4tuCeS of wills.