The Last Will and Testament of Samuel Jones Tilden
Died 8 a.m. - August 4, 1886
Mindful of the uncertainty of life, and beginning now in the full possession of all the faculties of mind and memory, I Samuel J. Tilden of Graystone, in the city of Yonkers, county of Westchester and State of New York, do hereby make, publish, and declare this my last Will and Testament, in the manner and form following, that is to say:
I.
I hereby expressly revoke and cancel any and all other wills heretofore made by me.
I hereby expressly revoke and cancel any and all other wills heretofore made by me.II.I hereby nominate, constitute, and appoint John Bigelow, of Highland Falls, Andrew H. Greene, and George W. Smith, of the city of New York, Executors and Trustees under this my last Will and Testament.
I hereby nominate, constitute, and appoint John Bigelow, of Highland Falls, Andrew H. Greene, and George W. Smith, of the city of New York, Executors and Trustees under this my last Will and Testament.III.I direct that the compensation to be paid to and receive by my said Executors and Trustees shall be to each the yearly sum of Five-thousand dollars; but such annual compensation shall be in lieu of and a full satisfaction and discharge for any and all commissions and charges other than actual disbursements to which my Executors and Trustees might or would be entitled in capacity, under the laws of this State, in any and all trusts (including all services in the special Trusts to be constituted under this Will), if their compensation were not hereby fixed and agreed upon as aforesaid; that any sum which George W. Smith may receive as my private secretary or as an officer or servant of the York Mining Company or Delphic Iron Company be deducted from his compensation as Executor and Trustee. Such compensation of Five thousand dollars shall be so long as he shall be in performance of the duties of the special Trustee under this Will of my general estate, and as trustee, manager, or director of the corporation hereinafter provided. Such compensation shall be paid out of my general estate so long as it shall remain in the custody of my Executors and Trustees, and by the corporation hereinafter provided, after the residue of my general estate shall be vested in such corporation.
I direct that the compensation to be paid to and receive by my said Executors and Trustees shall be to each the yearly sum of Five-thousand dollars; but such annual compensation shall be in lieu of and a full satisfaction and discharge for any and all commissions and charges other than actual disbursements to which my Executors and Trustees might or would be entitled in capacity, under the laws of this State, in any and all trusts (including all services in the special Trusts to be constituted under this Will), if their compensation were not hereby fixed and agreed upon as aforesaid; that any sum which George W. Smith may receive as my private secretary or as an officer or servant of the York Mining Company or Delphic Iron Company be deducted from his compensation as Executor and Trustee. Such compensation of Five thousand dollars shall be so long as he shall be in performance of the duties of the special Trustee under this Will of my general estate, and as trustee, manager, or director of the corporation hereinafter provided. Such compensation shall be paid out of my general estate so long as it shall remain in the custody of my Executors and Trustees, and by the corporation hereinafter provided, after the residue of my general estate shall be vested in such corporation.IV.I will and direct that all the powers and authorities granted in and by this my last Will and Testament to my said Executors and Trustees shall and may be exercised by a majority of the persons or by the person who shall for the time being lawfully hold and be in the exercise of teh the functions of an Executor and Trustee hereunder.
I will and direct that all the powers and authorities granted in and by this my last Will and Testament to my said Executors and Trustees shall and may be exercised by a majority of the persons or by the person who shall for the time being lawfully hold and be in the exercise of teh the functions of an Executor and Trustee hereunder. V.I request and direct that no bond or security shall be required by any Surrogate, Probate Court, or judge from my Executors and Trustees on account of the non-residence of such Executor and Trustee, or either of them, within the jurisdiction of such Surrogate, Probate Court, or judge, or for any reason whatsoever.
I request and direct that no bond or security shall be required by any Surrogate, Probate Court, or judge from my Executors and Trustees on account of the non-residence of such Executor and Trustee, or either of them, within the jurisdiction of such Surrogate, Probate Court, or judge, or for any reason whatsoever.VI.In case of the death, resignation, or incapacity of either of my said Executors and Trustees, the survivors of them shall immediately appoint a successor by and instrument in writing under their hands and seals; and upon such appointment being made, the person so appointed shall thereupon become and be invested with all the powers, rights, and authorities conferred upon an Executor and Trustee hereby appointed.
In case of the death, resignation, or incapacity of either of my said Executors and Trustees, the survivors of them shall immediately appoint a successor by and instrument in writing under their hands and seals; and upon such appointment being made, the person so appointed shall thereupon become and be invested with all the powers, rights, and authorities conferred upon an Executor and Trustee hereby appointed.VII.I direct my said Executors and Trustees to pay and discharge all my just debts and liabilities out of my personal estate.
I direct my said Executors and Trustees to pay and discharge all my just debts and liabilities out of my personal estate.VIII.My said Executors and Trustees are directed to constitute the Trusts for specific persons hereinafter more particularly described and defined. My said Executors and Trustees shall be Trustees of the special Trusts by them so constituted; but the said Trusts shall be distinct and separate from the general Trust under this instrument. In their capacity of Trustees of Trusts for specific persons, they shall have power to manage the several Trusts; to collect the income thereof, and to apply the same as herein directed; to sell in their discretion the securities and to reinvest the proceeds thereof.
My said Executors and Trustees are directed to constitute the Trusts for specific persons hereinafter more particularly described and defined. My said Executors and Trustees shall be Trustees of the special Trusts by them so constituted; but the said Trusts shall be distinct and separate from the general Trust under this instrument. In their capacity of Trustees of Trusts for specific persons, they shall have power to manage the several Trusts; to collect the income thereof, and to apply the same as herein directed; to sell in their discretion the securities and to reinvest the proceeds thereof.IX.I hereby direct my said Executors and Trustees to allow my sister, Mrs. Mary B. Pelton, during her natural life, the use of the house number thirty-eight West Thirty-eight Street in the city of New York. I also direct them to pay any mortgage to which the said premises may be now subject. I also direct my said Executors and Trustees to invest two several sums of Fifty thousand dollars each, in separate and distinct Trusts, and to apply the income of the said two Trusts to use of the said Mary B. Pelton during her natural life. Upon the decease of my said sister Mary B. Pelton, the house known as number thirty-eight West Thirty-eighth Street in the city of New York shall be applied to the use of my grand-niece Laura A. Pelton for the remainder of her natural life. Upon the decease of my sister Mary B. Pelton , one of the said Trusts of Fifty thousand dollars shall be applied to the use of my grand niece Laura B. Pelton, unless my said sister Mary B. Pelton shall by her last will and testament have made a different disposition of the same, which she is hereby empowered to do. Upon the decease of the said Laura A. Pelton, if she leave issue, the said house number thirty-eight-West Thirty-eighth Street designated as the first Trust, and the principal of the said second Trust, being Fifty thousand dollars, shall be paid over to the heirs of her body. If she leave no issue the principal of said first Trust, being of the said house number thirty-eight West Thirty-eighth Street, shall be paid over as she may by her last will and testament direct, and the principal of the said second Trust shall be paid over to the Tilden Trust hereinafter mentioned, if the same shall have been authorized and constituted; or, if the said Tilden Trust shall not be capable of receiving the same, the principal of the said two Trusts shall be applied to such charitable objects as the Trustees for the time being. Of the two said Trusts, may designate. Upon the decease of my sister Mary B. Pelton, the principal of the third Trust, being for Fifty thousand dollars, shall be applied to the use of my niece Caroline B. Whittlesey, during her natural life, and upon her decease shall be paid over to the heirs of her body, if she leave any. If she leave no such heir, the same shall be paid over by her last will and testament she may direct. In addition to the foregoing provisions herein made for the benefit of my sister Mary B. Pelton, my Executors and Trustees shall invest such sum not exceeding fifty thousand dollars as I may hereinafter in writing instruct them to do, and hold the same as a distinct and separate Trust. The Trustees of the said special Trust shall apply the income thereof to the use of the said Mary B. Pelton during her natural life, and after her decease shall pay over the principal sum to the Tilden Trust thereinafter mentioned, if the same shall have authorized and constituted; or if the said Tilden Trust shall not be capable of receiving the same, the principal of the said Trust shall be applied to such charitable objects as the Trustees for the time being of the said Trust may designate.
I hereby direct my said Executors and Trustees to allow my sister, Mrs. Mary B. Pelton, during her natural life, the use of the house number thirty-eight West Thirty-eight Street in the city of New York. I also direct them to pay any mortgage to which the said premises may be now subject. I also direct my said Executors and Trustees to invest two several sums of Fifty thousand dollars each, in separate and distinct Trusts, and to apply the income of the said two Trusts to use of the said Mary B. Pelton during her natural life. Upon the decease of my said sister Mary B. Pelton, the house known as number thirty-eight West Thirty-eighth Street in the city of New York shall be applied to the use of my grand-niece Laura A. Pelton for the remainder of her natural life. Upon the decease of my sister Mary B. Pelton , one of the said Trusts of Fifty thousand dollars shall be applied to the use of my grand niece Laura B. Pelton, unless my said sister Mary B. Pelton shall by her last will and testament have made a different disposition of the same, which she is hereby empowered to do. Upon the decease of the said Laura A. Pelton, if she leave issue, the said house number thirty-eight-West Thirty-eighth Street designated as the first Trust, and the principal of the said second Trust, being Fifty thousand dollars, shall be paid over to the heirs of her body. If she leave no issue the principal of said first Trust, being of the said house number thirty-eight West Thirty-eighth Street, shall be paid over as she may by her last will and testament direct, and the principal of the said second Trust shall be paid over to the Tilden Trust hereinafter mentioned, if the same shall have been authorized and constituted; or, if the said Tilden Trust shall not be capable of receiving the same, the principal of the said two Trusts shall be applied to such charitable objects as the Trustees for the time being. Of the two said Trusts, may designate. Upon the decease of my sister Mary B. Pelton, the principal of the third Trust, being for Fifty thousand dollars, shall be applied to the use of my niece Caroline B. Whittlesey, during her natural life, and upon her decease shall be paid over to the heirs of her body, if she leave any. If she leave no such heir, the same shall be paid over by her last will and testament she may direct. In addition to the foregoing provisions herein made for the benefit of my sister Mary B. Pelton, my Executors and Trustees shall invest such sum not exceeding fifty thousand dollars as I may hereinafter in writing instruct them to do, and hold the same as a distinct and separate Trust. The Trustees of the said special Trust shall apply the income thereof to the use of the said Mary B. Pelton during her natural life, and after her decease shall pay over the principal sum to the Tilden Trust thereinafter mentioned, if the same shall have authorized and constituted; or if the said Tilden Trust shall not be capable of receiving the same, the principal of the said Trust shall be applied to such charitable objects as the Trustees for the time being of the said Trust may designate.X.I direct my said Executors and Trustees to invest Fifty thousand dollars in two special and separate Trusts of Twenty-five thousand dollars each, and apply the income to the said two Trusts to the use of Lucy F. Tilden, widow of my late brother Moses Y. Tilden, during her natural life. Upon her decease, the income of one of the two said Trusts shall be applied to the use of her adopted daughter Adelaide E. Buchanan during her natural life, unless the said Lucy F. Tilden shall by her last will and testament have made a different disposition of the same, which she is hereby empowered to do. Upon the decease of the said Adelaide E. Buchanan, the principal of the said Trust of Twenty-five thousand dollars shall be paid over to the heirs of her body, if she leave any, unless the said Adelaide E. Buchanan shall by her last will and testament have made a different disposition of the same, where she is hereby empowered to do. If she leave no issue, the principal of the said Twenty-five thousand dollars shall be paid over to such person or persons as she may designate by her last will and testament. Upon the decease of the said Lucy F. Tilden, the principal of the other Trust of Twenty-five thousand dollars shall be disposed of as hereinafter directed.
I direct my said Executors and Trustees to invest Fifty thousand dollars in two special and separate Trusts of Twenty-five thousand dollars each, and apply the income to the said two Trusts to the use of Lucy F. Tilden, widow of my late brother Moses Y. Tilden, during her natural life. Upon her decease, the income of one of the two said Trusts shall be applied to the use of her adopted daughter Adelaide E. Buchanan during her natural life, unless the said Lucy F. Tilden shall by her last will and testament have made a different disposition of the same, which she is hereby empowered to do. Upon the decease of the said Adelaide E. Buchanan, the principal of the said Trust of Twenty-five thousand dollars shall be paid over to the heirs of her body, if she leave any, unless the said Adelaide E. Buchanan shall by her last will and testament have made a different disposition of the same, where she is hereby empowered to do. If she leave no issue, the principal of the said Twenty-five thousand dollars shall be paid over to such person or persons as she may designate by her last will and testament. Upon the decease of the said Lucy F. Tilden, the principal of the other Trust of Twenty-five thousand dollars shall be disposed of as hereinafter directed. My Executors and Trustees are directed to convey to Adelaide E. Buchanan the obligations of her husband for Five thousand dollars which I loaned to him some years ago. In addition to the other provisions made in this instrument for the benefit of the said Adelaide E. Buchanan, my Executors and Trustees are also directed to set apart Twenty thousand dollars in the First Mortgage bonds of the Oregon Short Line Railroad Company as a special Trust for the benefit of the said Adelaide E. Buchanan. The Trustees of said special Trust shall apply the income thereof to the use of the said Adelaide E. Buchanan during her natural life, and after her decease shall dispose of the same as in this instrument in hereafter directed. XI.I hereby direct my said Executors and Trustees to invest the sum of Fifty thousand dollars, to be known as the Sixth Trust, and to apply the income of the same to the use of Susan G. Tilden, the widow of my brother Henry A. Tilden, during her natural life. Upon her decease the income of the same shall be applied to the use of my niece Henrietta A. Swan, during her natural life, unless that the said Susan G. Tilden shall by her last will and testament have made a different disposition of the same, which she is hereby empowered to do. Upon the decease of the said Henrietta A. Swan, the principal of the said Trust shall be paid over to the heirs of her body, if she leave any, unless the said Henrietta A. Swan shall by her last will and testament have made a different disposition of the same, which she is entitled to do. If she leave no issue, then the principal of the said Trust of Fifty thousand dollars shall be paid over as she may direct by her last will and testament, which she is hereby empowered to do.
I hereby direct my said Executors and Trustees to invest the sum of Fifty thousand dollars, to be known as the Sixth Trust, and to apply the income of the same to the use of Susan G. Tilden, the widow of my brother Henry A. Tilden, during her natural life. Upon her decease the income of the same shall be applied to the use of my niece Henrietta A. Swan, during her natural life, unless that the said Susan G. Tilden shall by her last will and testament have made a different disposition of the same, which she is hereby empowered to do. Upon the decease of the said Henrietta A. Swan, the principal of the said Trust shall be paid over to the heirs of her body, if she leave any, unless the said Henrietta A. Swan shall by her last will and testament have made a different disposition of the same, which she is entitled to do. If she leave no issue, then the principal of the said Trust of Fifty thousand dollars shall be paid over as she may direct by her last will and testament, which she is hereby empowered to do.XII.I direct that my said Executors and Trustees shall vest in a special Trust for the benefit of my niece Caroline B. Whittlesey One hundred shares of the stock of the Cleveland & Pittsburg Railroad Company standing in my name as Trustee, but for which she holds the power of attorney from me to collect the income thereof. The Trustees of the said special Trust shall apply the income thereof to the use of the said Caroline B. Whittlesey during her natural life; and upon her decease they shall pay over the proceeds of the said stock to the heirs of the body of my said niece Caroline B. Whittlesey, if she leave any, and if she no such heir pay over or assign the same to such person as she may be her last will and testament direct.
I direct that my said Executors and Trustees shall vest in a special Trust for the benefit of my niece Caroline B. Whittlesey One hundred shares of the stock of the Cleveland & Pittsburg Railroad Company standing in my name as Trustee, but for which she holds the power of attorney from me to collect the income thereof. The Trustees of the said special Trust shall apply the income thereof to the use of the said Caroline B. Whittlesey during her natural life; and upon her decease they shall pay over the proceeds of the said stock to the heirs of the body of my said niece Caroline B. Whittlesey, if she leave any, and if she no such heir pay over or assign the same to such person as she may be her last will and testament direct. XIII.I also direct my said Executors and Trustees to assign to the said Caroline B. Whittlesey my interest in the Delphic Iron Company, whether consisting of stock or loans, counting the same at cost and interest, and also assign all sums her husband William A. Whittlesey may be owing to me at the time of my decease for loans or advances to him or for which he may be liable. I also direct my said Executors and Trustees to invest a sum sufficient to make with the stock in and loans to the Delphic Iron Company and the said loans and advances to the said William A. Whittlesey, or for which he may be liable the sum of Fifty thousand dollars in a special Trust for the benefit of the said Caroline B. Whittlesey. The Trustees of the said special Trust shall apply the income of the said special Trust to the use of the said Caroline B. Whittlesey during her natural life, and after her decease shall pay over the same to the heirs of her body, if she leaves any. If she leaves no such heirs then they shall pay over the same as she may by her last will and testament direct.
I also direct my said Executors and Trustees to assign to the said Caroline B. Whittlesey my interest in the Delphic Iron Company, whether consisting of stock or loans, counting the same at cost and interest, and also assign all sums her husband William A. Whittlesey may be owing to me at the time of my decease for loans or advances to him or for which he may be liable. I also direct my said Executors and Trustees to invest a sum sufficient to make with the stock in and loans to the Delphic Iron Company and the said loans and advances to the said William A. Whittlesey, or for which he may be liable the sum of Fifty thousand dollars in a special Trust for the benefit of the said Caroline B. Whittlesey. The Trustees of the said special Trust shall apply the income of the said special Trust to the use of the said Caroline B. Whittlesey during her natural life, and after her decease shall pay over the same to the heirs of her body, if she leaves any. If she leaves no such heirs then they shall pay over the same as she may by her last will and testament direct. XIV.I direct that my said Executors and Trustees shall vest in a special Trust for the benefit of my niece Henrietta A. Swan One hundred shares of the stock of the Cleveland & Pittsburg Railroad Company standing in my name as Trustee, but for which she holds the power of attorney from me to collect the income thereof. The Trustees of the said special Trust shall apply the income thereof to the use of the said Henrietta A. Swan during her natural life; and upon her decease they shall pay over the proceeds of the said stock to the heirs of the body of my said niece Henrietta A. Swan, if she leave any, and if she no such heir pay over or assign the same to such person as she may be her last will and testament direct
I direct that my said Executors and Trustees shall vest in a special Trust for the benefit of my niece Henrietta A. Swan One hundred shares of the stock of the Cleveland & Pittsburg Railroad Company standing in my name as Trustee, but for which she holds the power of attorney from me to collect the income thereof. The Trustees of the said special Trust shall apply the income thereof to the use of the said Henrietta A. Swan during her natural life; and upon her decease they shall pay over the proceeds of the said stock to the heirs of the body of my said niece Henrietta A. Swan, if she leave any, and if she no such heir pay over or assign the same to such person as she may be her last will and testament directI also direct my said Executors and Trustees to invest the sum of Fifty thousand dollars as a special Trust for the use of my said niece Henrietta A. Swan during her natural life, and after her decease shall pay over the same to the heirs of her body, unless she in her last will and testament shall otherwise direct, which she is hereby empowered to do. If she leaves no such heir the said principal shall be disposed of as hereinafter provided. XV.I hereby request the heirs-at-law of my late brother Moses Y, Tilden to unite in conveying to Lucy F. Tilden his widow, for her use during her natural life, the dwelling house in which he formerly resided at New Lebanon, with about thirty acres of land adjacent thereto, and I direct my Executors and Trustees to join in such conveyance in my behalf.
I hereby request the heirs-at-law of my late brother Moses Y, Tilden to unite in conveying to Lucy F. Tilden his widow, for her use during her natural life, the dwelling house in which he formerly resided at New Lebanon, with about thirty acres of land adjacent thereto, and I direct my Executors and Trustees to join in such conveyance in my behalf.I hereby request the heirs of my late brother Moses Y. Tilden, and the heirs of my late brother Henry A. Tilden and my sister Mary B. Pelton or her heirs, to unite in conveying to my Executors and Trustees the residue of the lands formerly owned by my father, Elam Tilden, or subsequently acquired by my late brother Moses Y. Tilden other than the thirty acres, or acquired by my late brother Henry A. Tilden other than the lands adjacent to his dwelling- house or used in connection with his manufactories, and excepting also the land upon which a stone building heretofore uses as a school was erected by my late brother Henry A. Tilden. I hereby direct my Executors and Trustees to cause said conveyances to be executed as a condition precedent to the payment of the legacies hereby given. My object is to keep the landed property together and in the family, and I direct my Executors and Trustees to apply the same use of my nephews George H. Tilden and Samuel J. Tilden, second, during their natural loves. After their decease the same shall be disposed of as they or the survivor of them in their last will and testament direct.XVI.I authorize my said Executors and Trustees, at such time as they may deem judicious, to release to my said nephews George H. Tilden and Samuel J. Tilden, second, a debt which they owe to me for cash advances lately made by me to them in their business now amounting with interest to the sum of about Thirty-four thousand dollars, and also a mortgage which I hold against them now amounting with interest to about Thirty-three thousand dollars
I authorize my said Executors and Trustees, at such time as they may deem judicious, to release to my said nephews George H. Tilden and Samuel J. Tilden, second, a debt which they owe to me for cash advances lately made by me to them in their business now amounting with interest to the sum of about Thirty-four thousand dollars, and also a mortgage which I hold against them now amounting with interest to about Thirty-three thousand dollarsI direct my said Executors and Trustees to pay certain notes given many years ago by my late brothers Moses Y. Tilden and Henry A. Tilden to Catherine H. Pierson, the principal of which I afterwards guaranteed to save my mother form endorsing the same, which said notes have been assumed by my nephews George H. Tilden and Samuel J. Tilden, second, who will be relieved by the payment thereof. XVII.I direct my said Executors and Trustees to set apart the sum of Seventy-five thousand dollars as a special Trust for the benefit of my nephew George H. Tilden. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said George H. Tilden during his natural life. Upon his decease, the said Fund shall be paid over to the heirs of the body of the said George H. Tilden, if he leave any. If he leave no such heir, then my nephew Samuel J. Tilden, second, him survive, the said Fund shall be applied by the Trustees of the said Fund the use of the said Samuel J. Tilden, second, and upon his decease the said Fund shall be paid over to the heirs of his body, if he leave any. If he leave no such heir the said Fund shall be paid over as he in his last will and testament may direct.
I direct my said Executors and Trustees to set apart the sum of Seventy-five thousand dollars as a special Trust for the benefit of my nephew George H. Tilden. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said George H. Tilden during his natural life. Upon his decease, the said Fund shall be paid over to the heirs of the body of the said George H. Tilden, if he leave any. If he leave no such heir, then my nephew Samuel J. Tilden, second, him survive, the said Fund shall be applied by the Trustees of the said Fund the use of the said Samuel J. Tilden, second, and upon his decease the said Fund shall be paid over to the heirs of his body, if he leave any. If he leave no such heir the said Fund shall be paid over as he in his last will and testament may direct. XVIII.I direct my said Executors and Trustees to set apart the sum of Seventy-five dollars as a special Trust for the benefit of my nephew Samuel J. Tilden, second. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said Samuel J. Tilden, second during his natural life. Upon his decease the said Fund shall be paid over to the heirs of his body, if he leave any. If he leave no such heir, then if my nephew George H. Tilden survive him, the said Fund shall be applied by the Trustees of the said Fund to the use of the said George H. Tilden, and upon his decease the said Fund shall be paid over to heirs of his body, if he leave any. If he leave no such heir the aid Fund shall be paid over as he is his last will and testament may direct.
I direct my said Executors and Trustees to set apart the sum of Seventy-five dollars as a special Trust for the benefit of my nephew Samuel J. Tilden, second. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said Samuel J. Tilden, second during his natural life. Upon his decease the said Fund shall be paid over to the heirs of his body, if he leave any. If he leave no such heir, then if my nephew George H. Tilden survive him, the said Fund shall be applied by the Trustees of the said Fund to the use of the said George H. Tilden, and upon his decease the said Fund shall be paid over to heirs of his body, if he leave any. If he leave no such heir the aid Fund shall be paid over as he is his last will and testament may direct.XIX.I direct my said Executors and Trustees to set apart the sum of One hundred and fifty thousand dollars as a special Trust for the benefit of my niece Ruby S. Tilden. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said Ruby S. Tilden during her natural life. Upon her decease the said Fund shall be paid over to the heirs of her body, if she leave any. If she leave no such heir, then if my niece Susan G. Tilden her survive, the said Fund shall be applied by the Trustees of the said Fund to the use of Susan G. Tilden, and upon her decease the said Fund shall be paid over to the heirs of her body, if she leave any. If she leave no such heir the said Fund shall be paid over as she in her last will and testament may direct.
I direct my said Executors and Trustees to set apart the sum of One hundred and fifty thousand dollars as a special Trust for the benefit of my niece Ruby S. Tilden. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said Ruby S. Tilden during her natural life. Upon her decease the said Fund shall be paid over to the heirs of her body, if she leave any. If she leave no such heir, then if my niece Susan G. Tilden her survive, the said Fund shall be applied by the Trustees of the said Fund to the use of Susan G. Tilden, and upon her decease the said Fund shall be paid over to the heirs of her body, if she leave any. If she leave no such heir the said Fund shall be paid over as she in her last will and testament may direct. XX.I direct my said Executors and Trustees to set apart the sum of One hundred fifty thousand dollars as a special Trust for the benefit of my niece Susan G. Tilden. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said Susan G. Tilden during her natural life. Upon her decease the said Fund shall be paid over to the heirs of her body, if she leave any. If she leave no such heir, then my niece Ruby S. Tilden her survive, the said Fund to the use of the said Ruby S. Tilden, and up her decease the said Fund shall be paid over to the heirs of her body, if she leave any. If she leave no such heir the said Fund shall be paid over as she in her last will and testament may direct.
I direct my said Executors and Trustees to set apart the sum of One hundred fifty thousand dollars as a special Trust for the benefit of my niece Susan G. Tilden. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said Susan G. Tilden during her natural life. Upon her decease the said Fund shall be paid over to the heirs of her body, if she leave any. If she leave no such heir, then my niece Ruby S. Tilden her survive, the said Fund to the use of the said Ruby S. Tilden, and up her decease the said Fund shall be paid over to the heirs of her body, if she leave any. If she leave no such heir the said Fund shall be paid over as she in her last will and testament may direct.XXI.I direct my said Executors and Trustees not to enforce against the estate of my brother, the late Henry A. Tilden, or against the estate of my late brother Moses Y. Tilden, loans which I heretofore made to them, amounting to about Three hundred thousand dollars; but to release and cancel the same wherever the said Executors and Trustees shall be requested in writing to do so by George H. Tilden and Samuel J. Tilden, the second sons of the late Henry A. Tilden, or by the survivor of them.
I direct my said Executors and Trustees not to enforce against the estate of my brother, the late Henry A. Tilden, or against the estate of my late brother Moses Y. Tilden, loans which I heretofore made to them, amounting to about Three hundred thousand dollars; but to release and cancel the same wherever the said Executors and Trustees shall be requested in writing to do so by George H. Tilden and Samuel J. Tilden, the second sons of the late Henry A. Tilden, or by the survivor of them.XXII.I direct my said Executors and Trustees to set apart a separate Trust the sum of Twenty-five thousand dollars for the benefit of Anna J. Gould during her natural life. In case she shall be with me exercising care over me during the rest of my life, I direct that the said sum of Twenty-five thousand dollars be increased to One hundred thousand dollars. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said Anna J. Gould during her natural life. Upon her decease one-half of the said Fund shall be paid over as the said Anna J. Gould may by her last will and testament direct. The other half shall be paid over as herein directed.
I direct my said Executors and Trustees to set apart a separate Trust the sum of Twenty-five thousand dollars for the benefit of Anna J. Gould during her natural life. In case she shall be with me exercising care over me during the rest of my life, I direct that the said sum of Twenty-five thousand dollars be increased to One hundred thousand dollars. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said Anna J. Gould during her natural life. Upon her decease one-half of the said Fund shall be paid over as the said Anna J. Gould may by her last will and testament direct. The other half shall be paid over as herein directed.XXIII.I direct my said Executors and Trustees to set apart Fifty thousand dollars of First Mortgage six per cent International and Great Northern Railroad Company bonds, and Fifty thousand dollars of the First Mortgage binds of the Oregon Short Line Railroad Company guaranteed by the Union Pacific Railway Company, as a special Trust fir the benefit if my friend Miss Marie Celeste Stauffer, daughter if Isaac Stauffer, Esquire, of New Orleans. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said Marie Celeste Stauffer during her natural life; free form any interference or control of any husband she may have; and upon the decease of the said Marie Celeste Stauffer the Trustees of the said special Trust shall pay over the principal of the said bonds, or assign the same, to the devisees or heirs of the said Marie Celeste Stauffer.
I direct my said Executors and Trustees to set apart Fifty thousand dollars of First Mortgage six per cent International and Great Northern Railroad Company bonds, and Fifty thousand dollars of the First Mortgage binds of the Oregon Short Line Railroad Company guaranteed by the Union Pacific Railway Company, as a special Trust fir the benefit if my friend Miss Marie Celeste Stauffer, daughter if Isaac Stauffer, Esquire, of New Orleans. The income of the said special Trust shall be applied by the Trustees thereof to the use of the said Marie Celeste Stauffer during her natural life; free form any interference or control of any husband she may have; and upon the decease of the said Marie Celeste Stauffer the Trustees of the said special Trust shall pay over the principal of the said bonds, or assign the same, to the devisees or heirs of the said Marie Celeste Stauffer. XXIV.In all cases in which the special Trusts are herein directed to be created for the benefit of particular persons and the income directed to be applied by the Trustees of special Trusts. It is hereby declared that the said income shall be kept free form all pledges, incumberances, or anticipation thereof, and every such pledge, incumberance, or anticipation shall be void. The Trustees of the said special Trusts are hereby empowered and directed to suspend payment of such income during the existence of any such pretended pledge, incumberance, or anticipation. In all cases in which such special Trust shall be for the benefit of any female, the said income shall be kept free from the control or interference of any husband which the said female now has or may hereafter have; such income being intended to be sacredly devoted to the separate personal use of said female, and is not to be pledged, incumbered, or anticipated by her.
In all cases in which the special Trusts are herein directed to be created for the benefit of particular persons and the income directed to be applied by the Trustees of special Trusts. It is hereby declared that the said income shall be kept free form all pledges, incumberances, or anticipation thereof, and every such pledge, incumberance, or anticipation shall be void. The Trustees of the said special Trusts are hereby empowered and directed to suspend payment of such income during the existence of any such pretended pledge, incumberance, or anticipation. In all cases in which such special Trust shall be for the benefit of any female, the said income shall be kept free from the control or interference of any husband which the said female now has or may hereafter have; such income being intended to be sacredly devoted to the separate personal use of said female, and is not to be pledged, incumbered, or anticipated by her.XXV.I direct my Executors and Trustees, in case any special Trust hereby directed to be constituted shall fail in whole or in whole or in part by depreciation of securities, to make the same good out of my general estate, so long as the general Trust to my Executors and Trustees shall continue; and in the case the said Executors and Trustees shall convey any portion of that estate to a corporation designated as the Tilden Trust, or shall vest the same in any Trust or Trusts for charitable purposes to do so on the express condition that the said conveyance shall be subjected to obligations to make good the funds devoted to the said special Trusts, and shall exact from the grantee in every such case an acknowledgement of such obligation and agreement to fulfil the same. This provision is made subject to the condition that the corporation shall be duly authorized by law, by a special act or otherwise, to accept the grant, subject to the obligations herein directed to be imposed upon or assumed by the said corporation. I also direct my said Executors and Trustees to obey such instructions as I may hereafter give them in respect to the allotment or selection of securities for the said special Trusts or any of them.
I direct my Executors and Trustees, in case any special Trust hereby directed to be constituted shall fail in whole or in whole or in part by depreciation of securities, to make the same good out of my general estate, so long as the general Trust to my Executors and Trustees shall continue; and in the case the said Executors and Trustees shall convey any portion of that estate to a corporation designated as the Tilden Trust, or shall vest the same in any Trust or Trusts for charitable purposes to do so on the express condition that the said conveyance shall be subjected to obligations to make good the funds devoted to the said special Trusts, and shall exact from the grantee in every such case an acknowledgement of such obligation and agreement to fulfil the same. This provision is made subject to the condition that the corporation shall be duly authorized by law, by a special act or otherwise, to accept the grant, subject to the obligations herein directed to be imposed upon or assumed by the said corporation. I also direct my said Executors and Trustees to obey such instructions as I may hereafter give them in respect to the allotment or selection of securities for the said special Trusts or any of them.XXVI.I hereby authorize and direct my Executors and Trustees during the continuance of the trust of my general estate to apply any surplus income to or towards the several special Trusts hereby directed to be constituted in the same manner as they might apply the principal of my said estate to the said purposes.
I hereby authorize and direct my Executors and Trustees during the continuance of the trust of my general estate to apply any surplus income to or towards the several special Trusts hereby directed to be constituted in the same manner as they might apply the principal of my said estate to the said purposes.XXVII.I direct my said Executors and Trustees to apply the use of Henrietta Jones, of Monticello, out of my general estate, a sum not exceeding Five hundred dollars per annum during her natural life, or so long as the Trust embracing my general estate shall continue.
I direct my said Executors and Trustees to apply the use of Henrietta Jones, of Monticello, out of my general estate, a sum not exceeding Five hundred dollars per annum during her natural life, or so long as the Trust embracing my general estate shall continue.XXVIII. In case John J. Cahill shall remain in my service the residue of my life, I authorize and direct my Executors and Trustees to pay over to him the sum of Five thousand dollars.
In case John J. Cahill shall remain in my service the residue of my life, I authorize and direct my Executors and Trustees to pay over to him the sum of Five thousand dollars.XXIX.The Trustees of the said special Trust are hereby authorized form time to time to change the investments hereby directed to be made for the use of specific persons, and to purchase other securities in lieu thereof, except in the cases where the securities are herein designated and appropriated to a specific purpose.
The Trustees of the said special Trust are hereby authorized form time to time to change the investments hereby directed to be made for the use of specific persons, and to purchase other securities in lieu thereof, except in the cases where the securities are herein designated and appropriated to a specific purpose. XXX.I authorize my Executors and Trustees to contribute out of my estate to Mrs. Maria Sinnott, for the purpose and the education of the children of her late husband, James P. Sinnott, such sum as they may deem sufficient, not exceeding, however, the sum of Five hundred dollars per annum for five years.
I authorize my Executors and Trustees to contribute out of my estate to Mrs. Maria Sinnott, for the purpose and the education of the children of her late husband, James P. Sinnott, such sum as they may deem sufficient, not exceeding, however, the sum of Five hundred dollars per annum for five years.XXXI.I direct my said Executors and Trustees to pay over to such of the following persons as may be in my service at the time of my decease to wit, George Johansen, Henry Gilbert, Edward Riley, Catherine Burke, and Rosa Clark each the sum of One thousand dollars; and to John Lynch, Elizabeth Byrnes, Bridget Gettins, Dennis O’Hare, and Daniel Herr each the sum of Five hundred dollars.
I direct my said Executors and Trustees to pay over to such of the following persons as may be in my service at the time of my decease to wit, George Johansen, Henry Gilbert, Edward Riley, Catherine Burke, and Rosa Clark each the sum of One thousand dollars; and to John Lynch, Elizabeth Byrnes, Bridget Gettins, Dennis O’Hare, and Daniel Herr each the sum of Five hundred dollars. XXXII.I direct to my Executors and Trustees to apply Ten thousand dollars, or such part of it as may be necessary, according to such instruction as I may hereafter to them from time to time give in writing of verbally.
I direct to my Executors and Trustees to apply Ten thousand dollars, or such part of it as may be necessary, according to such instruction as I may hereafter to them from time to time give in writing of verbally.XXXIII.I authorize my Executors and Trustees to cause the establishment of a Library and Free Reading-Room in my native town of New Lebanon in the manner following, that is to say; they shall obtain title to the land on which the building stands which was erected by my brother Henry A. Tilden, and which has been occupied by a school; buying in the mortgage on the same , amounting to Fifteen thousand dollars, and, if necessary, obtaining releases from the heirs of my brother Henry A. Tilden from my sister Mary B. Pelton or her heirs, and from Mrs. Lucy F. Tilden. They shall vest the title in a corporation, if a charter shall be granted on their application to the Legislature, or a corporation can be formed under any general law. My said Executors and Trustees are hereby authorized to require, if needful, proper conveyances to be executed by the heirs of the said Henry A. Tilden or Mary B. Pelton or her heirs and by Lucy F. Tilden as condition precedent to the payment of the legacies herein given to them respectively. They shall also convey to the corporation, if one need be created, any interest which I may have in the said premises. My Executors and Trustees are authorized to expend for the creation and equipment and to invest as a permanent fund to maintain the said Library and Reading-Room the sum of Sixty-five thousand dollars, and any further sum not exceeding Thirty-five thousand dollars which I may in writing instruct my said Executors and Trustees to apply to those objects. They are also authorized to use the said building and endowment hereby provided in part for a school for the training of girls, if they find the same expedient in connection with the Free Library and Reading-Room.
I authorize my Executors and Trustees to cause the establishment of a Library and Free Reading-Room in my native town of New Lebanon in the manner following, that is to say; they shall obtain title to the land on which the building stands which was erected by my brother Henry A. Tilden, and which has been occupied by a school; buying in the mortgage on the same , amounting to Fifteen thousand dollars, and, if necessary, obtaining releases from the heirs of my brother Henry A. Tilden from my sister Mary B. Pelton or her heirs, and from Mrs. Lucy F. Tilden. They shall vest the title in a corporation, if a charter shall be granted on their application to the Legislature, or a corporation can be formed under any general law. My said Executors and Trustees are hereby authorized to require, if needful, proper conveyances to be executed by the heirs of the said Henry A. Tilden or Mary B. Pelton or her heirs and by Lucy F. Tilden as condition precedent to the payment of the legacies herein given to them respectively. They shall also convey to the corporation, if one need be created, any interest which I may have in the said premises. My Executors and Trustees are authorized to expend for the creation and equipment and to invest as a permanent fund to maintain the said Library and Reading-Room the sum of Sixty-five thousand dollars, and any further sum not exceeding Thirty-five thousand dollars which I may in writing instruct my said Executors and Trustees to apply to those objects. They are also authorized to use the said building and endowment hereby provided in part for a school for the training of girls, if they find the same expedient in connection with the Free Library and Reading-Room.XXXIV.I hereby authorize my said Executors and Trustees to appropriate out of my estate, in such manner as they may deem most expedient, the sum of Fifty thousand dollars towards the establishment of a Library and Free Reading Room in the city of Yonkers, and such further sum not exceeding Fifty thousand dollars as I may hereafter instruct my said Executors and Trustees to apply to that object. My said Executors and Trustees are requested to apply to the Legislature for a special charter to enable them to carry out this provision or to form a corporation under any general law which in their judgment shall be most desirable.
I hereby authorize my said Executors and Trustees to appropriate out of my estate, in such manner as they may deem most expedient, the sum of Fifty thousand dollars towards the establishment of a Library and Free Reading Room in the city of Yonkers, and such further sum not exceeding Fifty thousand dollars as I may hereafter instruct my said Executors and Trustees to apply to that object. My said Executors and Trustees are requested to apply to the Legislature for a special charter to enable them to carry out this provision or to form a corporation under any general law which in their judgment shall be most desirable. “XXXV.I request my said Executors and Trustees to obtain as speedily as possible from the Legislator an Act of Incorporation of an institution to be know as the Tilden Trust, with capacity to establish and maintain a Free Library and Reading Room in the city of New York, and to promote such scientific and educational objects as my said Executors and Trustees may more particularly designate. Such corporation shall have not less than five Trustees, with power to fill vacancies in their number, and in case said institution shall be incorporated in a form and manner satisfactory to my said Executors and Trustees during the lifetime of the survivor of the two lives in being upon which the Trust of my general estate herein created is limited to, to wit: the lives of Ruby S. Tilden and Susan Whittlesey, I hereby authorize my said Executors and Trustees to organize the said corporation, designate the first Trustees thereof, and to convey to or apply to the use of the same, the rest, residue, and remainder of all my real and personal estate not specifically disposed of by this instrument, or so much thereof as they may deem expedient, but subject, nevertheless, to the special Trusts herein directed to be constituted for particular persons, and to the obligations to make and keep good the said special Trusts, provided that the said corporation shall be authorized by law to assume such obligation. But in case such institution shall not be so incorporated, during the lifetime of the survivor of the said Ruby S. Tilden and Susan Whittlesey, or if for any cause or reason my said Executors and Trustees shall deem it inexpedient to convey said rest, residue, and remainder or any part thereof or to apply the same or any part thereof to the said institution, I authorize my said Executors and Trustees to apply the rest , residue, and remainder of my property , real and personal, after making good the said special Trusts herein directed to be constituted, or such portions thereof as they may not deem it expedient to apply to its use, to such charitable educational and scientific purposes as in the judgment of my said Executors and Trustees will render the said rest, residue, and remainder of my property most widely and substantially beneficial to the interests of mankind.
I request my said Executors and Trustees to obtain as speedily as possible from the Legislator an Act of Incorporation of an institution to be know as the Tilden Trust, with capacity to establish and maintain a Free Library and Reading Room in the city of New York, and to promote such scientific and educational objects as my said Executors and Trustees may more particularly designate. Such corporation shall have not less than five Trustees, with power to fill vacancies in their number, and in case said institution shall be incorporated in a form and manner satisfactory to my said Executors and Trustees during the lifetime of the survivor of the two lives in being upon which the Trust of my general estate herein created is limited to, to wit: the lives of Ruby S. Tilden and Susan Whittlesey, I hereby authorize my said Executors and Trustees to organize the said corporation, designate the first Trustees thereof, and to convey to or apply to the use of the same, the rest, residue, and remainder of all my real and personal estate not specifically disposed of by this instrument, or so much thereof as they may deem expedient, but subject, nevertheless, to the special Trusts herein directed to be constituted for particular persons, and to the obligations to make and keep good the said special Trusts, provided that the said corporation shall be authorized by law to assume such obligation. But in case such institution shall not be so incorporated, during the lifetime of the survivor of the said Ruby S. Tilden and Susan Whittlesey, or if for any cause or reason my said Executors and Trustees shall deem it inexpedient to convey said rest, residue, and remainder or any part thereof or to apply the same or any part thereof to the said institution, I authorize my said Executors and Trustees to apply the rest , residue, and remainder of my property , real and personal, after making good the said special Trusts herein directed to be constituted, or such portions thereof as they may not deem it expedient to apply to its use, to such charitable educational and scientific purposes as in the judgment of my said Executors and Trustees will render the said rest, residue, and remainder of my property most widely and substantially beneficial to the interests of mankind. XXXVI.I hereby authorize my said Executors and Trustees to reserve from any disposition made by this Will such of my books as they may deem expedient, and to dispose of the same in such manner as in their judgment would have been most agreeable to me; and in such case any of my illustrated books or books of art should be given to or to the care of the institution described in this Will, my said Executors and Trustees shall make suitable regulations to preserve the same from damage and to regulate access thereto. And such disposition shall be subject to such instructions as I may hereinafter in writing give to my said Executors and Trustees.
I hereby authorize my said Executors and Trustees to reserve from any disposition made by this Will such of my books as they may deem expedient, and to dispose of the same in such manner as in their judgment would have been most agreeable to me; and in such case any of my illustrated books or books of art should be given to or to the care of the institution described in this Will, my said Executors and Trustees shall make suitable regulations to preserve the same from damage and to regulate access thereto. And such disposition shall be subject to such instructions as I may hereinafter in writing give to my said Executors and Trustees. XXXVII.In case at any time during the Trust embracing my general estate any interest in any special Trust hereby directed to be constituted shall lapse or no disposition of such interest contained in this instrument shall be effectual to finally dispose of the same, such interest shall go to my said Executors and Trustees to be disposed of under the provisions of this Will, or if the said general Trust shall have ceased, but a corporation designated as the Tilden Trust shall be in operation, such interest shall go to the said corporation.
In case at any time during the Trust embracing my general estate any interest in any special Trust hereby directed to be constituted shall lapse or no disposition of such interest contained in this instrument shall be effectual to finally dispose of the same, such interest shall go to my said Executors and Trustees to be disposed of under the provisions of this Will, or if the said general Trust shall have ceased, but a corporation designated as the Tilden Trust shall be in operation, such interest shall go to the said corporation.XXXVIII.My said Executors and Trustees are hereby invested with the following powers: 1) To manage the funds herein directed to be invested in the Trusts for specific persons until such investments shall have been made, with like authorities as in cases of other portions of my estate. 2) To sell and dispose from time to time, in their discretion, of such parts and parcels of the real estate and other property hereby devised, given, and bequeathed to them as they shall deem advisable, and so sell and dispose of the same at public or private sale, at such price or prices, and upon such terms as to mode, time, and security of payment, as they shall deem proper, and to sign, seal, execute, and deliver all proper and necessary conveyances therefore. 3) From time to time to invest and reinvest all moneys belonging to my estate whether derived form sales of said devised and bequeathed property or otherwise in such manner as they may deem expedient, subject, however, to the same Trusts upon which moneys or property were originally held by my said Executors and Trustees.
My said Executors and Trustees are hereby invested with the following powers: 1) To manage the funds herein directed to be invested in the Trusts for specific persons until such investments shall have been made, with like authorities as in cases of other portions of my estate. 2) To sell and dispose from time to time, in their discretion, of such parts and parcels of the real estate and other property hereby devised, given, and bequeathed to them as they shall deem advisable, and so sell and dispose of the same at public or private sale, at such price or prices, and upon such terms as to mode, time, and security of payment, as they shall deem proper, and to sign, seal, execute, and deliver all proper and necessary conveyances therefore. 3) From time to time to invest and reinvest all moneys belonging to my estate whether derived form sales of said devised and bequeathed property or otherwise in such manner as they may deem expedient, subject, however, to the same Trusts upon which moneys or property were originally held by my said Executors and Trustees.XXXIX. I hereby devise and bequeath to my said Executors and Trustees, and to their successors in the Trust hereby created, and to the survivors and survivor of them. All the rest and residue of all the property, real and personal, or whatever name or nature and wheresesoever situated, if which I may be seized or possessed, or to which I may be entitled at the time of my decease which may remain after instituting the several Trusts for the benefit of specific persons, and after making provisions for the specific bequests and objects as herein directed. To have and to hold the same unto my said Executors and Trustees and to their successors in the Trust hereby created and the survivors and survivor of them in trust to possess, hold, manage, and take care of the same during a period not exceeding tow lives in being, that is to say: the lives of my niece Ruby S. Tilden and my grand-niece Susie Whittlesey, and until the decease of the survivor of the said two persons, and after deducting all necessary and proper expenses, to apply the same and the proceeds thereof to the objects and purposes mentioned in this my Will.
I hereby devise and bequeath to my said Executors and Trustees, and to their successors in the Trust hereby created, and to the survivors and survivor of them. All the rest and residue of all the property, real and personal, or whatever name or nature and wheresesoever situated, if which I may be seized or possessed, or to which I may be entitled at the time of my decease which may remain after instituting the several Trusts for the benefit of specific persons, and after making provisions for the specific bequests and objects as herein directed. To have and to hold the same unto my said Executors and Trustees and to their successors in the Trust hereby created and the survivors and survivor of them in trust to possess, hold, manage, and take care of the same during a period not exceeding tow lives in being, that is to say: the lives of my niece Ruby S. Tilden and my grand-niece Susie Whittlesey, and until the decease of the survivor of the said two persons, and after deducting all necessary and proper expenses, to apply the same and the proceeds thereof to the objects and purposes mentioned in this my Will.XL.I hereby authorize my Executors and Trustees to apply Ten Thousand dollars to the creation of a trust, the income of which shall be applied to keeping in repair, improving, and adorning the cemetery in the town of New Lebanon in which the most of my near relatives are buried. I request my Executors and Trustees to make available any lawful power which may exist or can be procured for vesting the said cemetery in a corporation, to the end that the appropriation hereby authorized shall be as permanent as possible.
I hereby authorize my Executors and Trustees to apply Ten Thousand dollars to the creation of a trust, the income of which shall be applied to keeping in repair, improving, and adorning the cemetery in the town of New Lebanon in which the most of my near relatives are buried. I request my Executors and Trustees to make available any lawful power which may exist or can be procured for vesting the said cemetery in a corporation, to the end that the appropriation hereby authorized shall be as permanent as possible. XLI.I authorize my said Executors and Trustees to cause to be erected a monument which in their judgment and discretion shall seem suitable to my memory, and to defray the expense thereof from my estate.
I authorize my said Executors and Trustees to cause to be erected a monument which in their judgment and discretion shall seem suitable to my memory, and to defray the expense thereof from my estate. XLII.I also authorize my said Executors and Trustees to collect and publish, in such form as they deem proper, my speeches and public documents, and other such writings and papers as they may think expedient to include with the same, which shall be done under their direction. The expenses thereof shall be paid out of my estate. My Trustees and Executors are authorized and empowered to burn and destroy any of my letters, papers, or other documents, whether printed or in manuscript, which in their judgment will answer no useful purpose to preserve.
I also authorize my said Executors and Trustees to collect and publish, in such form as they deem proper, my speeches and public documents, and other such writings and papers as they may think expedient to include with the same, which shall be done under their direction. The expenses thereof shall be paid out of my estate. My Trustees and Executors are authorized and empowered to burn and destroy any of my letters, papers, or other documents, whether printed or in manuscript, which in their judgment will answer no useful purpose to preserve. XLIII.Since I have made no disposition of my property according to my best judgment and since as most of the devisees of legatees under it are females, it is impossible to foresee under what influences some one or more of them might possibly come; and since it is desirable to avert unseemly or speculative litigations, I hereby declare it to be my will that in case any person, who if I had died intestate would be entitled to any share in my property or estate shall, under any pretence whatever, institute, take or share in any proceeding to oppose the probate of this my last Will and Testament, or to impeach or impair or to set aside or invalidate any of it provisions, any devise or legacy to or for the benefit of such person or persons under this will is hereby revoked, and such person shall be excluded form any participation in and shall not have any share or portion of my property or estate real or personal, and the portion to which such person might be entitled, if I had died intestate or might otherwise be entitled under the provisions of this instrument, shall be devoted to such charitable purposes as my said Executors and Trustees shall designate.
Since I have made no disposition of my property according to my best judgment and since as most of the devisees of legatees under it are females, it is impossible to foresee under what influences some one or more of them might possibly come; and since it is desirable to avert unseemly or speculative litigations, I hereby declare it to be my will that in case any person, who if I had died intestate would be entitled to any share in my property or estate shall, under any pretence whatever, institute, take or share in any proceeding to oppose the probate of this my last Will and Testament, or to impeach or impair or to set aside or invalidate any of it provisions, any devise or legacy to or for the benefit of such person or persons under this will is hereby revoked, and such person shall be excluded form any participation in and shall not have any share or portion of my property or estate real or personal, and the portion to which such person might be entitled, if I had died intestate or might otherwise be entitled under the provisions of this instrument, shall be devoted to such charitable purposes as my said Executors and Trustees shall designate. In witness whereof, I, the said Samuel J. Tilden, the above-name-testator, have herein set my hand and seal this twenty-third day of April in the year one thousand eight hundred and eighty-four.
SAMUEL J. TILDEN (seal) Reference: The Life of Samuel J. Tilden, By John Bigelow
