The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-08-29
An Important Clause in the Sages Will
Which Is Not Law Proof and Which Will
Open Door to Costly Litigation.
Street-Railway Strikes Liable to Be.
come q Feature of the Metropolis.
How a New York Picnic Is Worked Up and
Operated-A Process by Which Nobody
Profits, Except the Shrewd Manager.
Money Acquired by Sharp Law Practice
Likely to Go to the Legal Fraternity.


Likely To Go to the Legal Fraternity.
| Epecial to the indianapolis Journal.
| New YORK, Aug. 28-No lawyer in the United
States was ever credited with more shrewdness
and foresight than Samuel J. Tilden. By craft
| mess in railroad and mining suits he amassed a
| fortune of more than $1,000, 900. He has been
called railroad robber and wrecker, but no ma n
has ever dared to assert that his fortune was nos
| legally acquired He always MIXED a teat at
the request of client, and usually took the coyf
herself in payment of his services. With all
his acuteness as lawyer, however, he has been
wrecked or the rock on which many a stanch
legal craft has gone to pieces He drew up q
will, in 6925 words, carefully that he fancied
| it was without flaw. Yet its most important
provision is held by the best of lawyers to be
drawn in defiance of law. It will not hold water
1t now looks as though the bulk of the great
fortLcs may be distributed among the legal fra
terDity in the way of fees. AS matters stand
litigation Lawyers, like black bass frequently
fatten on their kind.
Under repeated rulings of the New York
Court of Appeals testators must make their DO
nations definite. They cannot delegate this
duty to their executors, thus virtually making
them testators. The donation must be def
initely made in explicit terms for specified
object. or the will will not hold water. No man
ought to have kown this better than Mr.. Tilden,
but the truth is that he was not accustomed to
drawing up wills There is no question as to
his error in the light of repeated antecedents.
In the excess of mis- caution, before going to
Nc nln - 1aek Sc ~ 1afo n~A
any sharp lawyer is at liberty to enter and rife
his room at his leisure.
The fatal weakness in the will is in the
thirty-ffth clause. Mr.. Tiden there requests
his executors to use his money to establish "a
free library, and to promote such scientific and
educational objects as they may particularly
specify" He should have specified the OBJ
jects and the sums of money to be- devoted to
them himself.
Again, Mr. Tilden donates money to an insti-
tution provided lit shall be incorporated in a
form and manner satisfactory to my executors. :"
1t looks as though any smart lawyer might get
good footing for contest on this clause, and
make things right lively for the executors.
Futher on Mr.. Tilden relegates to his executors
the authority to Organize the said corporation,
designate the first trustees thereof, and to con-
vey to or apply to the use of the same the rest,
residue and remainder of all my real and per-
sonal estate not specifically disposed of by this
instrument, or as much thereof as they may
deem expedient" Under the ruling of the Court
of Appeals, this 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 it expe-
dent to convey said rest. residue and remain
der, or any part thereof, to apply the same, or
any part thereof, to the said institution, au-
thorize my executors to apply the rest, residue
and remainder of my property, real and personal
to such charitable educational and scientific pur-
poses as in the judgment OF my said executors
will render the rest, residue and remainder of
my property most widely and substantially ben
efcial to the interests of mankind" The trouble
is that he must himself decide what is "most
widely and substantially beneficial" and specify
the sums set aside for it. He cannot authorize
his executors to choose for him.
Thus the 81, ,OO0 900 left for charitable purposes
may become a prey to the lawyers, 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.