Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1886-09-04
NIr- IlliIen. Nm

ErCw the Rochester Union.
With all his acuteness as a lawyer, how
ever, he has been wrecked on the rock on
which many a stauch legal craIt has gone to
pieces. lie drew up q will in G,9-5 words 30
carefully that he iancied it waswithout flaw.
Yet its most important provision ia held by
the best of lawyers TO he drawn in deiiahce Of
law. 1t will not hold water. ltnow looks as
though the bulk of the great fortune may be
disturbed among the legal fraternity in the
way of fees. As matters stand Mr. Tildeu's
accommodations may be eaten up in litigation.
Lawyers, like black bass, frequently iaIien
on their kind.
Under repeated rulings OF the New York
court OF appeals testators must make their
donations definite. They cannot delegate this
duty to their executors thus virtually making
them testators. The donations must be de-
fnitely made, in explicit terms, tor a speCifi-
ed object or the will will not hold water. No
man ought to have known this better than
Mr.. Tilden, but the truth is that he was not
accustomed TO drawing wills There Is no
question a. to his error in the light OF repeat
ed antecedents. In the excess Of his caution
before going to his eternal sleep he lett his
night catch up, and any sharp lawyer il at
liberty TO enter and rifle his room at his lei
sure.
The fatal weakness in the will IL in the
thirty.tfth clause Mr.. Tllden there re-
quests his executor" TO use his money " to
establish a tree library and to promote such
scientific and educational objects as they
may particularly specify. lie should have
specified the objects and the sums of money
to he devoted to them himself.
Again, Mr.. Tilden donates money TO an in
stitution provided " it shall be Incorporated
in a form and manner satisfactory to my eN-
ecutors." 1t looks az though any smart law
yer might get good footing for contest on
this clause and make things right lively for
the executors.
Farther on Mr.. Tilden relegates % his OK
ecutors the authority to I" organize the said
corporation, designate the Fl rst trustee thereof
and To convey to or "a apply to the use of IL .
same the rest, residue and remainder OF a. 2
my real and personal estate not especially
disposed Of by this instrument, or As much
thereof as,they may deem eNpedient" Inder
the rulings OF the court OF appeals this dele
gated power will not stand Tor an instant So
say eminent lawyers
Last of all Mr.. Tilden says " II for any
cause or reason my said executors shall deem
1t inexpedient to convey said rest, residue
and remainder or any part thereof, or 10 sp-
ply the same or any part thereof to the said
Institution, i authorize my executors to ap-
ply the rest residue and remainder Of my
property, real and personal, to such charit-
able educational and scientific purposes a.
in the Judgment OF my said executors will
render the rest, residue and remainder of
my property most widely and substantially
beneficial to the interests OF mankind" The
trouble Is that he must himself decide what
is " most widely and substantially Denefi-
cial, f." and specify the sums set aside for 1t.
He cannot authorize his executors to choose
for him.
Thus the $4,000 OOO left for charitable pur-
poses may become a prey to ths lawyers,
who can filter what they please to the natural
heirs. Mr. Tilden evidently made his will
unmindtul of the words Of Thomas a Kum-
pis (: " Man proposes and God disPoses"