The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-12-26
THE TILDEN WILL
DOES NOT STAND
Further Portions OF the Document De.
clared Unlawful.
HEIRS STILL WRANGLlNG OVER 1T
Successful Attack Upon the $4,000.
900 Bequest for II Free Library in
ther Onslaughts.

New York, Dec. 25.-The residuary
bequest of S3.00O.O0O which Samuel j.
Tilden decided should be devoted to the
establishment Of free library in this
city having been declared invalid by
the court of appeals a few years ago,
| further portions of his will have been
declared to be unlawful by a decision
rendered by Judge Beekman of the Su-
preme court. The action was brought
by the executors and trustees for the
purpose of obtaining construction
as to certain clauses of the will and to
enable them to make distribution of
the estate which they still have in their
hands.
After the decision of the court of ap-
peals declaring the residuary clause
invalid the S3,000,000 went to the heirs,
one of whom, Mrs. Mary b. Pelton, a
sister of Mr.. Tilden, gave the bulk of
her share to carry out the scheme
planned by her brother. Subsequent
ly the accounts of the executors and
trustees We're settled by agreement,
and two funds We're created, one for
the payment of certain inheritance
taxes, which have now been discharged,
and the other contingent fund OF
$500, 900. This latter was to be devoted
rying into effect of the thirty-third and
thirty-fourth articles of the will, pro-
viding for the establishment of a IL
brary and free reading room at New
Lebanon and YOnkers. About 100000
was left for each of these libraries.
OPINION OF JUDGE BEEKMAN.
Judge Beekman states that he does
not consider it necessary to discuss the
point as to whether the scheme in
either case is sufficiently definite and
certain to afford the basis for judg-
ment for the enforcement of the trusts
which Mr.. Tilden attempted to create
with respect to these libraries, as he
thinks that both provisions are open TO
the fatal objection that they violate the
statute against perpetuities. No time
is specified within which the trusts are
to be executed" says the judge. by
any life in being. and the law Is well
settled that in the case of charitable
trust such a limitation is indispensable
to it's validity. These attempted dis
positions are therefore void, and the
executors and trustees rest under no
duty with respect to them"
Judge Beekman states that inasmuch
as the original scheme of Mr.. Tilden
failed and the main purpose of his Will
to establish library In this city-was
defeated, the trustees have become ac-
countable to the next of kin for the
whole of the residuary estate.
Under the will of Mr.. Tilden a trust
fund of $780, 900 was created for the bene-
fit of Mrs. Pelton, for life, and upon
her death to go to her granddaughter,
Mrs. Laura b. Hazard, the wife of Will
liam A. Hazard. Mrs. PeltOn. by her
will, gave her property to this grand
daughter and the court now decides
that she is also entitled to the principal
of the trust fund.
PROVISIONS LOOSELY DRAWN.
Judge Beekman also holds that Ade
laide r.. Il. Buchanan is entitled to the
principal of the trust fund of $4,000
created by the will of Mr.. Tilden, for
the benefit of her mother. Lucy +.
ridden.
That provision of the will relative to
the acquisition by the trustees of GER
tain family property at New Lebanon
for the use of Mrs. Tilden's nephews
George II. Tilden and Samuel ]. Tilden,
jr., during their lives, Judge Beck
man decides is loosely drawn, suggest
ing rather the outline Of a testament
tary scheme. the details of which had
not been worked out. He decides that
these two nephews have estates for life
as tenants in common in this property.
The remains Of the $4,000 fund which
the executors created to establish the
libraries at New Lebanon and Yonkers
and to pay the expenses of litigation
now goes to the heirs. the clauses for
the establishment of these libraries
having been defeated. The judge de-
clares that undoubtedly Mr. Tilden
would have acted differently could he
have apprehended that his scheme for
a large library in this city would have
been defeated. but the court can now
| undertake to devise scheme which
will supply such difficulty or make
another will for Mr.. Tilden.