Savannah morning news. [volume] (Savannah) 1868-1887, 1886-08-30
MIR. TILDEN's WILL.
What is Thought of Its Legality and
the Free Library Clause.

NEW YORK, Aug. 2S.--Ho lawyer In
the United States was ever credited with
more shrewdness and foresight than
Samuel J. Tilden. By craftiness 10 rail.
road and mining suits he alnsssed for
tune of more than 81, 900. 900. He has been
called railroad PobDer and wrsoker, but
no man has ever dared to assert that his
fortune was not legally acquired. He
always MIXED a teat at the request OF a
client, and he usually toek the COW her
self In payment OF his services. With all
his cuteness as lawyer, however, he
has been wrecked on the rock on which
many a stanch legal craft has gone to
pieces. He drew up a will, in 6,925 words,
80 carefully that he fancied 1t was with
out flaw. Yet it's most important pro-
vision is held by the best lawyers to be
drawn in defiance of law. 1t will not hold
water. 1t now looks as though the bulk
of the great fortune may be distributed
among the legal fraternity In the way OF
fees. AS matters stand Mr.. Tilden's ac-
cumulations may be eaten up In litiga-
ton. Lawyers, like black bass, frequently
fntten on their kind.
Under repeated rulings OF she 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 do
nation must be definitely made in explicit
terms for a specified 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 acoue-
toned to drawing up wills. There is no
question as to his error in the light of re-
peated antecedents. In the excess of his
caution before gong to his eternal sleep
he left his night catch up, and any sharp
lawyer is at liberty to enter and rifle his
room at his leisure.
The fatal weakness in the will is In the
thirty fifth clause. Mr.. Tilden there re-
quests his executors TO use MS money to
establish "a free library and to promote
such scientific and educational objects as
they may particularly specify" He
should have specified the objects and the
sums OF money to be devoted to them him.
self.
Again, Mr.. Tilden donates money to an
institution provided ''it shall be incorpo-
rated in form and manner, satisfactory
to my executors.o 1t looks as though
any smart lawyer might get good footing
for a contest on this clause, and make
things right lively for the executors.
Further on Mr.. Tilden relesates to his
executors the authority TO s1organize the
said corporation, designate the first trus-
tees thereof, and to convey to or TO apply
to the use OF the same the rest, resldues
and remainder of all my real and per-
sonal estate not specifically disposed Of
by this instrument, or as much Thereof fds
they may deem e1ped6set.si Under the rub
ing Of theCOurt Of Appeals tnie delegated
power will not stand for an instant. SO
say eminent lawyers.
Last of all, Mr.. Tilden says: "If for
any cause or reason my said executors
shall deem 1t 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. 1 authorize
my executors to apply the rest, residue
and remainder of my property, real and
personal, to such charitable, educational
and scientific purposes as 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 beneh-
cial," and specify the sums set aside for
it. He cannot authorize his executors
to choose for him.
Thus the $4,0O0,000 left for charitable
purposes may become prey to the law
yers, who can filter what they please to
the natural heirs. Mr.. Tilden evidently
made his will unmindful of the words of
Thomas Kempis-" Man proposes, but
God disposes." ZIsKA.