The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1886-12-20
TiLDEN'S WILL.
The Clauses That Are Indefinite
How the Courts OF Inst Resort
Havc Decided In Similar Cases.

| Have Decided In similar Cases.
A careful search of the decisions OF
the court of appeals of this state in dis
putcd will cases seems to indicate that
tho heir who questions the validity Of
certain clauses in the last will and test
ament of Samuel j. Tildcn will be re.
warded, rs will the other heirs, for his
hardihood in institutiug suit to i'm
peach the legality of the document at
the risk of losing the SIS, 900 which
would have been his portion without a
legal struggle. A great majority of the
decisions rendered by the justices of the
court of last resort in cases analogous
to the Tilden case. have been to the ef-
feet that the testator must instruct the
executors as to the exact disposition Of
his property. and it has been repeatedly
held that Indebtedness as to the per-
sons or objects to be benefited invali-
dates the clause, and that the property
affected must be distributed among the
.cgal heirs
The attorneys for the complainant
will doubtless expcnd the greater part
of their energy in attempting to i'm
press upon the court the unusual vague
ness in the thirty fifth clause of the will,
holding that the executors and trus-
tees are not definitely instructed rs to
the objects for which the large estate
intrusted to their keeping is to be used,
but are requested TO incorporate the
rilden trust with capacity 10 pro-
mote such objects, provided that they
be of scientific or educational nature,
as the trustees may designate. The
testator suggests free library and
reading-room us things which might be
established by the trust, but the word
with capacity" indicate that the trus-
tees are not bound to follow the sug.
gcstion.
In the ninth clause of the VIII. in
which the testator provides for his sis
ter, Mrs. Mary b. Pelton, occurs Il sem
tence which the attorneys for the COM
plainant are likely to make capital of
in IN attempt to show that Mr.. Tildcn
himself when he drew the will had
doubts MS to the incorporation of the
Tllden trust, which he had requested
should be incorporated. After prov,d-
ing for a special trust OF $50, 600. the
income of which is to be devoted to the
use of Mrs Pclton during her natural
life. the viii d reefs the trustees, after
her dcccase, to pay over the principal
sum to the Tilden trust hereinafter
mentioned, if the same shall have been
authorized and constituted, or if the
said Tildcn trust shall not be capable of
receiving the same, the principal OF the
said trust shall be applied to such char
table objects as the trustees for the
tine of the said trust may designate.
While the decisions of the court of
appeals of this state are regarded as
having been somewhat erratic in cases
involving the settlement of disputed
points in the construction of wills sim
liar in many respects to the points
raised by the Tilden will contestant, it
is nevertheless admitted that the gen
eral tendency has been to insist that the
testament should be specific in nomina-
ting the persons or objects TO be bene-
fitted by requests and the sum, 10 be
devoted to each On Feb. 26, 1884,
| nearly two months before tho Tilden
will was signed, Justice Miller of the
court of appeals, rendered decision in
which all his associates concurrel hold
ing that clause in the will of w Il am
ID. Thompson. which was similar in
nearly all respects TO the rcsiduary
clause n the Tildcn will, was vo Il be-
cause of indeiiniteness and uncertainty
in the DIES gnaton of the rec pients Of
the testator bounty. Tho action was
| brought. rs in the case of the Tilden
contest for the purpose of obtaining the
judgement of the court as TO the con-
struciion to be placed on the disputed
clause. The complainants m the I'll