Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1911-02-23

ten by Himself, NuIlified.
Whether the old saying that ga law
yer who tries his own case has Il fool
for Il client" is applicable to Samuel
j. Tilden in the matter of drawing his
will is not known 1t was thought for
some time that the will was drawn, or
at least approved, by Charles O'Conor
and james C. Carter, two of the most
eminent lawyers in New York, but
later statements, says Case and Com
ment are to the effect that they had
nothing ut all TO do With the will, and
consequently it is not definitely known
who was responsible for it.
1t would hardly seem possible that
Mr.. Tilden himself could have made
such mistake had lie been acting for
some one else The statement has
been made that Mr. Tilden had some
doubts as To the validity of those
clauses which the court subsequently
condemned and had spoken to Mr..
Carter about ii. but nothing more
came of it,
In summing UP the provisions Of the
Tilden will the court in holding it in
valid stated that the testator in sub
stance said: II have determined to de-
vote my estate to charitable, educa-
tional and scientific purposes. have
formed no detailed plan how that pur-
pose can he executed, but under the
law of New York it must be done
through and 10y means of corpora
ton. request You to cause to be in
corporatad an institution to be called
the "1'ildcn trust with capacity to
maintain free library and reading
room in the city of New York, and
such other educational and scientific
objects as YOU shall designate, and if
you deem it eYpedient- that is. if you
think it advisable and the fit and prop
or thing to do convey to that institu-
ton all or such part of my residuary
estate as you choose. and il you do
not think that course advisable then
apply 1t to such charitable. education
al and scientific purposes as i'm your
judgment will most substantially ben
eft mankind.
1t will 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 bcqucst was denied
upon the ground OF this complete dis
cretionary power to convey or not to
convey to the suggested beneficiary.
Tho trustees procured the incorpora-
tion of the "Tildcn trust" and elect
cd TO convey to 1T 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
| 1T.
In striking contrast with the Tilden
| will is that of his contemporary in
| law and politics, Roscoe Conllling
the text of which is as follows: 81
Roscoe Conlling of Utica, make, pub.
fish and declare my last will and tesla
mcnt as follows: ] give. devise and
bc4ucatll to my Wife Julia and to her
heirs and assigns forever all my prop.
crty and estate. whether real or mixed
and constitute and appoint my said
| Wife sole cXecutriX of this my last
Will" 1t would undoubtedly take a
| better lawyer than even Mr. Conkline
TO break his will.
In passin. llpon tho validity of the
will Of President James * Polk Il
| Tennessee count Of chanccry said
"1his will WIS written by the trstatol
with his own hand In the executive
mansion mt Washington Mt time
whom lie was president of the United
| St"lrs ] le WAS n lawyer of rccog
nized ability, had filled many high pub
lie offices with distinction and reflect
cd great honor upon his state. Ills
Will WAS Witnessed by Il law partner
and u senator i'm congress and named
rs executor one OF the justices of the
| supreme court of the United States
III comes 10 us With the impression OF
haNi"" been carefully thought out be
fore il WAS formally put down anG
| published as his last testament"
Among other provisions his home
| known MS Polk Place, situated ia the
| city of Nashville. was given to his
wife for life, and upon her dca.h I,
was hcqueatlled to the state of Ten
| ncsSea In trust to be occupied and EN-
1 joEed by such one of my blood rela
| tveS having the name OF Polk us ma,
Il %" lcSirlllt ted bv the said St.,tn .,nf
If there We're no blood relatives OF
ti#i name then "by such other of my
l'ood relations rs may be designated
by the said state to execute this truSt'
The occupant was To keep the same
In repair and prevent it from tlilapi
dating or falling into decay, to pay
the iaSeS and to preserve and keen i.
repair the tomb which may bo placed
| or erected over III" mortal remains %
my beloved Wife and myself and shall
not permit HE si'Ele to he removed MOI
any buildings or other Improvement.
be placed or erected over the spo
where said tomb may be-"
This will was declared invalid %!
tending to establish a pcrpetuity. i
was not a gift for public charity an(
Was merely an attempt to retain tn,
property for the use of the blood rela
tives of the tcstntor.
How easy 1T is for one to suggest ,
sure way for some one else to manag,
| q trouble sonie affair!