Great Falls tribune. [volume] (Great Falls, Mont.) 1885-1890, 1886-09-11
a Pleasing Prospect for the Lawyers.

No lawyer in the United States was
ever credited with more shreWdness
and foresight than Samuel j: Hidden.
BY cr%aftiness in railroad and mining
srits he amassed a fortune OF more
than S5.OOO.o00. He has been called
a railroad robber and wrecker, but no
ma has ever dared to assert that his
fortune was not legally acquired,
He always MIXED a teat at therequest
Of 4 client. and he usually took the
COW herselfin payment OF his services.
With all his a%cuteness as a lawyer,
however. he has been wrecked on the
rock on which many a staunch legal
craft has gone to pieces. lie drew
ND a will, IN 6,925 words, so carefully
that he fanciea it was without a HaW.
Yet It's most important provision IS
held by the best of lawyers to be
drawn in defiance Of law. 1t Will not
hold wafer. It now looks as though
the bulk Of the great fortune may be
distributed among the legal fraternl-
ty in the way Of fees. As matters
stand Nj. Iilden's denominations may
be eaten up in litigation. Lawyers,
like black bass, frequently fatten on
their kind.
Under repeated rulings OF the New
York court Of appeals testator5 must
make their donations definite. They
cannot delegate this duty to their ex-
ecutors. thus virtually making them
te%stators. The donation must be de
t%initely made in explicit terms for q
specified object, or the will Will not
hold water. No man ought to have
known this better than Mr.. Illden:
but the truth is that he was not &C
customed to drawing up wills. There
is no question as to the error IN the
light Of repeated ~antecedents. La the
excess Of his caution before going tc
his seternal sleep he left his night
latch up, and any sharp lawyer is al
liberty to enter and rifle his room al
his leisure.
The fatal mistake in the will is il
the 35th clause. Mr.. Tilden there
requested his executors to use hi:
money to establish "a free library
and to promote such scientific educa
tional objects as they may.particular
" specify" He should have speci
fed the objects and the SUMS Of none.
to be devoted to them himself.
Again Mr.. Tlden donated none.
to an institution, provided 1T shall
be incorporated in a form and name
satisfactory to my executors" |
looks as though any smart lawye
might get good footing for a contes
on this clause, and make things RICH
lively for the executors.
Further on Mr.. Tilden relegates t.
his executors the authority to "organ
ize the said corporation. designat
the first trustees thereof, and TO con
yey to or apply to the use Of tn
same the rest, residue, and remainde
of all my real and personal estate no
specifically disposed Of by this instru
ment, or as much thereof as they ma,
deem expe6ient." Under the rGlin!
Of the court Of appeals this delegates
power will not stand for an instant
So say eminent lawyers,
Last of all, Mr.. Iilden says: I
for any L OF easo my said exc
cutors shall deem it inexpedient t.
convey said rest, residue and remain
der on any part thereof, or to appl,
the same or any part thereof to th
said institution, I authorize my exc
cutors to apply the rest, residue an<
remainder OF my property, real ant
personal to such charitable, education
al and scientific purposes as III tn
Judgment Of my said executors vii
render the rest, residue and remain
der Of my property most widely ane
substantially beneficial to the inter
ests Of mankind The trouble il
that be must himself decide what i
most widely substantially beneficial,
and specify the sums set aside for it
He cannot authorize his executors tx
choose for him.