The comet. (Johnson City, Tenn.) 1884-1916, 1886-09-09
TILDEN'S WHELTNVALTD.
n Pleasing Prospect Tor the
New York Lawyers.

n Pleasing Prospect Tor the
New York Lawyers.
New York Letter to st. Louis Republican,
No lawyer in the United States was
ever credited with more shrewdness
and foresight than Samuel J. Tilden.
By craftiness in railroad and mining
suits he amassed fortune of more
than $5,000,000. He has been called a
railroad robber and wrecker but no
man has ever dared to assert that his
fortune was not legally acquired. He
always MIXED teat at the request of
a licent, and he usually took the COW
herself in payment Of his services.
With all his acuteness, as q lawyer
however, he has been wrecked on the
rock ON which many a staunch legal
craft has gone to pieces. He drew up
will in 6, 925 words so carefully that
ne fancied it was without a flaw. Yet
Its NEST important provisions is held
by the best of lawyers to be drawn in
defiance OF law. 1t will not hold wa
ter. 1t now looks as though the bulk
ofthe reat.fortune may be distributed
among the legel fraternity in the way
OF fees. AS matters stand, Mr.. I'll
den's accumalations 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 testators must
make their donations definite. They
cannot delegate this duty to their exc
cutors, thus virtually
MAKING THEM TEsTAToRs,
The donation must be definitely
made in explicit terms for specific.
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 upwills. There is no question
as to his error in the light of repeated
antecedents. In the excess of his
caution before going to his eternal
sleep he left his night latch up, and
any sharp lawyer is at liberty to enter
and rifle his room at his leisure.
The fatal weakness of this will is the
thirty-tifth clause. Mr.. Tilden there
requests his executors to use his mon
ey to establish "a free library and to
promote such scientific and education
al objects as they may particularly
J specify" He should have specified
the odject and the sum of money to
be devoted to them himself.
Again Mr.. Tilden donates money to
an institution, provided "it shall be
, incorporated in form and manner
satisfactory to my executors" It
looks as though any smart lawyer
might get good footing for contest
on this clause, and make things right
lively for the executors.
Further on Mr.. Tilden delegates his
) executors to the authority to "organize
the said corporations, designate the
a
, first trustees thereof, and to convey
: to or apply to the use of the same the
| rest, residue, and remainder of all nav
5 real and personal estate not specihcal
: ly disposed of by this instrument, OF
4 as much thereof as they may deem ex.
' pedient." Under the ruling of the
a Court of Appeals this delegated pow.
q er
WILL NOT STAND
, Tor an instant. So say eminent law
6 yers.
: Last of all, Mr.. Tilden says: 'If fol
= any cause of reason my said executors
:. shall deem it inexpedient to conve,
u said rest, residue and remainder O.
e any part thereof, or to apply thu
n same or any part thereof to the sam,
- institution, | authorize my executor
Ie to apply the rest, residue and remain
der OF my property, real and person
q al, to such charitable, educational AM
Ai scientific purposes as in the judg
~ ment of my said executors will rende
"a the rest, residue and remainder of m
9r property most widely and substan
OF TALLY beneficial to the interests Z
oI mankind" The trouble is that h
ct must himself decide what is "mos
d widely and substantially beneficial,
Or ard specify the sums set aside for i
ne He cannot authorize his executors t
ut choose for him.
:" Thus the 100000 left for charit
y, able purposes may yet become pre-
IN to the lawyers, who can filter wha
they please to the natural heirs. M
= Tilden evidently made his will III
is mindful of the words of Thomas A
he Kempis, "Man proposes, but God di
iff poses"
he RALEIGH, N. c., Sept. A specii
,rt dispatch to the News and Observe
,e- says that news has been received
AnLn..:llo Il IL f. 49, l,