The Washington bee., 1911-10-21
Two Famous Lawyers Whose
TeStamentS Were Defective.
TILDEN'S CURIOUS BLUNDER.
Loosely Drawn Stipulations That In
validated His Charitable Trust Be-
quest-President PoIk's viii, Writ
ten by Himself, NuIified.

j. I1lden n the matter OF drawing MS
viii Is not known. 1t was thought for
some time that the will was drawn, or
ct least approved, by Charles O'COnor
and James G. Carter, two of the most
eminent lawyers in New York, but
Ater statements, says Case and Com
ment, are to the effect that they had
nothing at all to do with the will, and
consequently IT is not definitely known
Sh0 was responsible for it,
It would hardly seem possible that
Mr. Tilden himself could have made
such a mistake had he been acting IOr
some one else. The statement has
been made that AIr Tilden had some
doubts as to the validity Of those
clauses which the court subsequently
condemned and had spoken to Mr..
Garter about it, but nothing more
came Of it.
In summing up the provisions Of the
Tilden will the court i'm holding it in
valid stated that the testaJor in sub
stance said. "I have determined to de-
vote my estate to charitable. educa-
formed no detailed plan how that pur-
pose can be executed. but under the
law Of New York it must be done
through and by means Of a corpora
don. I request you to cause TO be in
corpOrated an institution TO be called
the Tilden trust with capacity to
maintain a free library and reading
room in the city Of New York, and
such other educational and scientific
objects as you shall designate, and II
you deem It expedient-that is. If you
think it advisable and the fit and prop
er thing to dO-convey to that institu-
tfon all or such part Of my residuary
estate as you choose, and If you dc
not think that course advisable then
apply it to such charitable education
al and scientific purposes as in your
Judgment will most substantially ben
eft mankind"
It viii be noted that the discretion OF
the trustees was indefinite both as
to the amount which they were to give
to the corporation to be formed and
also as TO whether they should give
any at all to the incorporation, and the
validity Of the bequest was denied
upon the ground of this complete dis
cretionary power to convey or not to.
convey to the suggested beneficiary.
The trustees procured the iucorpOra'
ton Of the "Tilden trust and elect
ed to convey to it the entire property,
but the court held that the invalidity
Of the charitable trust because of its
uncertainty could not be cured by any
thing done by the trustees to execute
It.
In striking contrast with the Ttldeu
viii is that Of his contemporary in
law and politics. Roscoe COnkling
the text Of which is as follows: Il,
Rosrne COnkling Of Utica, make, pub
Iish and declare my last viii and tesla
ment as follows: I give devise and
beuueath to my wife Julia and to heI
heirs and assigns forever all my prop
ertv and estate, whether real or mixed
and l constitute and appoint my said
wife sole executrix of this my last
will" It would undoubtedly take
better lawyer than even Mr.. COnkline
to break his win.
In passing upon the validity of the
Will of President James X. Polk
Tennessee court of chancery said
"This viii was written by the testatOI
with his own hand IN the executive
mansion at Washington at a time
when he was president Of the United
States He was a lawyer Of FecOg-
nized ability. had filed many high pub
lie offices with distinction and reflect.
ed great honor upon his state His
viii was witnessed by a law partner
and a senator in congress and named
as executor one Of the justices of the
supreme court of the United States.
1t comes to us with the impression of
having been carefully thought out be-
fore it was formally put down and
published as his last testament"
Among other provisions his home
known as Polk Place. situated in the
city of Nashville was given to his
wife for life and upon her death il
was bequeathed to the state Of Ten
nesSee in trust to be occupied and en-.
loved .'by such one of my blood rela
tives having the name Of Polk as may
by designated by the said state" and
If there were no blood relatives of
that name then ''by such other of nv
blood relations as may be designated
by the said state to execute this trust"
The occupant was to keep the same
in repair and prevent it from dilapi
dating or falling into decay. to pay
the taxes and to preserve and keep in
repair "the tomb which may be placed
or erected over the mortal remains Of
my beloved wife and myself and shall
not permir the same to be removed nOI
any buildings or other improvements
be placed or erected over the spot
where said tomb may be-"
& This will was declared invalid as
/ tsnding to establish a perpetuity. II
4 was not a gift for public charity and
was merely an attempt to retain the
property for the use Of the blood rela-
tives of the testatOr.
How easy it is for one TO suggest q
sure way for some one else to manage
a troublesome affair!