New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-28
TILDEN'S WILL BROKEN.
4 VICTORY FOR THE HEIRS.
NEVERTHELESS NETWORKS LIBRARY WILL
BE FOUNDED.
OVER %, 900. 900 ASSURED TO THE CITY THROUGH
ooMPRoMIsE-THE REST OF THE
RESIDUARY ESTATE EwILL GO TO
THE HEIRS AT LAW.


RESIDUARY EsTATEwILL GO TO
TIE HEIRS AT LAW.
The contest over the will of Samuel J. Tilden
was ended yesterday By decision of the Second
Division of the Court of Appeals Of this State,
which sets aside as invalid the clause providing
for the establishment ofa library and free reading
room IN this city. Were it not that, previous
TO the decree OF the court one of the heirs had
agreed TO compromise with the trustees of the
lllden Trust, the city would lose entirely the
DEMENT'S which the statesman phianthrOpist de-
sired should accrue to it from his estate AS it is
however, the sum of So. 900 900 is assured for the
carrying out of Mr. Tildens wishes, notwithstand-
Ing the adverse decree of the Court of Appeals
Except for the contest, the city would have re-
ceivcd, for the purposes specified, at least So O0O
COO. There is no possibility now Of further
litigation, unless the counsel for the executors
of the will apply for reargument before the court
which has just handed down its decision 1t is
not thought probable that this course will be
taken, though no definite announcement has
yet been made. The decision that renders the es-
taDllshment OF the Tilden Trust void is given
below
A COMPROMISE WITH MRS. HAZARD
The fact that at least So, ,0OO 900 will be avail
able for the founding of a free city library is a
surprise to all except the parties TO the compro
mise No hint of it had been given out, and it
was not even known TO the contesting heirs This
amount will come from the share Of the resduary
estate that would have gone to Mrs. Laura b.
Hazard, the wife of William B. Hazard, of this
city. Mrs. Hazard was the daughter of Mrs
Mary b. Pclton, sister of Governor Tilden. She
would have been entitled to one-haf of the estate
in litigation, but she not of the contestng
heirs, though decision revokng the Tilden trust
clause would of course have benefited her. BY all
agreement with the executors of the will, how
ever, twothrds of her share of the estate is to 90
to the library fund.- without regard to the outcome
OF the litigation.
The suit now ended instituted by the two
sons of Henry a. Tilden, brother of Samuel j.
Tilden. The will had Disseminated against these
nephews in favor of their four sisters, each Of
whom received twice the amount that was left to
their brothers. These nephews and nieccs will be
the beneficiares of the decision handed down yes
terday, and will receive probably $500, 900 EACH
They are George II. Tilden Samuel j. Iilden ir,
Mrs. Caroline E. Whittlesey, Mrs. Henrietta A.
Swan, of New-Lebanon; Susan G. Tilden, the
youngest daughter who was recently married to
Mr.. Sabin and Mrs. Willis S. Payne, whose hus-
band was formerly Superintendent Of the State
Banking Department and is now president Of the
State Trust Company, at No. so Wall-st.
THE LIBRARY WILL YET BE FOUNDED
This decision of the Court of Appeals ends one
OF the most interesting will cases on record That
the will Of so eminent lawyer as Samuel j.
Tilden should be open TO contest was in itself
surprise, and the announcement OF the suit was
received with astonishment. The case has been
fought through three courts, and has been fol-
lowed By the people Of New-York with the most
interest because on the decision hung the posi-.
bility Of carrying out broad scheme of philan-
thropy. from which this city would have received
great benefit. The lawyers both sides have
evinced the greatest confidence in the strength of
their respective positions, and decision has been
reached only after long and bitter struggle
James c. Carter, of No. "a Wal-st., and eX-
Surrogate Daniel G. Rollins, were the counsel for
the executors of the will. Mr.. Carter said yes
terday:
The case is very simple. Mr. Tden made
bcquest for the purpose of establishing library.
1t was contested by the heirs at law, who claimed
that it invalid, and that therefore the
property was not disposed of by his will, and
should go to them. The Special Term of the
Supreme Court decided in favor of the bequest
The General Term reversed that decision, and the
Court Of Appeals now afIirms the decision of the
General Term. The whole of the residuary
estate was about $6,OO0,OOO, as is
supposed. Various efforts have been made dur
ing the progress of the litigation to effect a COM
promise, and they successful so far as the
interest of Mrs. Hazard goes. Her interest is
one-ialf of the estate, and she will receive about
81, 900, 900, leaving 900 for the library
Then the library will yet be founded?" was
asked in surprise
"Yes,7 replied Mr.. Carter, the sum of
So, 900, 900 will be applicable to the purpose of
establishing the library, and, though not carry
ing out Mr.. Tildens full purpose, it will accom-
plish something toward it, The other heirs from
time TO time, expressed themselves as anxious
20 see the library established, and have profcssed
at times readiness to compromise, but terms
that the trustees would accept could not be
reached. There were intimations at times that
the contestants would settle for one-haf.'
Have the trustees, then, been confident Of
success"
Yes, they have felt, up TO the present time,
that they would win, and their counsel have
always been most emphatic in their expressions
Of confidence My feeling over the result is one
Of great disappointment. There is no possibility
Of further appeal All we could do now woula
be TO ask for reargunent.
The executors named in the will were John
Biqelow. Andrew II. Green and George W. Smith.
Az the time of the incorporation of the Tilden
Trust. TO carry out the pbianthropic plans of the
testator. the executors with Alexander E. Orr and
Stephen A. Walker, were named as trustees
ALWAYS IN FAVOR OF COMPROMISE.
Mr.. Orr said yesterday Il believe that at
any time the Board of Trustees would nave oeen
willing 10 entertain any compromise which would
haze enabled them TO carry out the intentions OF
Mr. Tilden TO give to the city OF New-lorK
brfry such as he slntched out IN his WILL
regret tic decision of the court but am not dls
appointed, for was afraid of that clause on OASIS
Of which the bequest has been SET asiue'
| was entirely in favor OF compromise as was
in regard to the Cathedral Fund IN the S'e"ar.
will In that case division satisfactory 10 all
IL. IL the rnrnNisonG nSf1h-