Evening journal., 1891-10-28
LIE TlLpeN wlLL lnvALln-
But by Compromise with an Heir Ne
York Gets a So. 00O. 600 Library.

But by Compromise with an Heir New
York Gets a 81, 600, 900 Library.
NEW YORK, Oct. 2s-The court of ap-
peals decided yesterday in favor Of the
contestants OF Samuel j. Tilden's will.
thus defeating his purpose TO establish a
trust, but the free library which the great
statesman desired to give this city upon
his death, and which was the pct project
Of his declining years, is TO become a fact
This will has been declared void in the
court OF last resort, but meantime the
executors have effected compromise with
one Of the benefciaries, by the terms OF
which s2,OO0W0 will IN any event be set
aside for the library Although this Is not
half the amount which Mr.. rlden willed
should be devoted TO the purpose, it il
still sufficient 70 place the Institution
upon substantial footi an These facts
have Just been made known.
The institution which Mr. Tilden wished
TO leave as his monument Is described in
his will as IAN institution TO be known as
the lilden Trust, with capacity to estab-
lish and maintain free library aud read
ing room In the city OF New York and to
promote snch scientific and educational
objects az my said executors and trustees
may more particularly designaeen To es-
tablish this he left the remainder OF his
estate, after distributing about 81 ,OO0. 600
among his relatives, TO three executors.
with instructions to organize and incor-
porate the trust and to appoint five trus-
toes 20 carry out his wishes. The details
| Of his project he had communicated per
sonally TO his trustees before his death.
The amount thus set apart would amount
today TO something like s6, 600 geo
The only relatives who could legally en-
4 trtN AZ.
in case the will was broken were bhc issue
Of his brother Henry A. Tilden. on the
one side and Of his sister, Mrs Mary h
Pelton, on the other. There were six heirs
on the side Of his brother and only one on
his sisters side This single heir, there
fore-the granddaughter Of Mrs. peiton-
could by law lay claim to one. half Of the
fortune IN case the will was broken. This
lady is Mrs. William A. Hazard. aud IL is
she who compromised with the executors
before the suit went 10 the court Of ap.
peals. Mrs Hazard is the daughter Of
Colonel William 4 pelton, who was Mrs.
Mary b. Pelton's son.
Mrs Pelton was very heartily In SYM
patty with her brothers project 60 erect a
free library. and she inspired the same
feeling in her granddaughter, Mrs. Haz-
ard. BY the will Mrs Hazard received the
income OF SlaO,OO0 for life and the power
20 bequeath the principal When George
II. Iiiden representing the children OF
Henry A. Tilden, contested the will Mrs.
Hazard did not join them and was made a
respondent. The executors paid her sum
slightly less than 81, 0O0, 900, and 10 return
she decided to them her entire rights ia the
property left by Mr.. Tiden.
The balance TO the credit Of the execu-
tors by this transaction was estimated
yesterday at something over $4,000. .O00.
The executors hold this according to the
terms OF Mr. Tildenis will for the estab
lishment OF the trust which il was his
greatest desire 10 found A gentleman
who is personally acquainted with Mrs.
Hazard said yesterday that her action was
not compromise in the ordinary meaning
Of the word. There was every prospect Of
the case in the court Of appeals resulting
IN favor Of the contestants, In which event
she would have received az least 50 OO0. 900.