The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1911-03-02
ERRORS IN WILLS.
Two Famous Lawyers Whose
Testaments Were Defective.
TlLDEN'S CURIOUS BLUNDER.

Loosely Drawn StipuIations That In
validated His Charitable Trust Be.
quest-President Folks Will, Writ.
ten by Himself, NulIifisd.
Whether the old saying that "a law
yer who tries his own case has a fool
for a client" is applicable to Samuel
]. 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 G. 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 at all to do with the will, and
consequently it is not definitely known
who was responsible for 1t.
1t would hardly seem possible that
Mr.. Tilden himself could have made
such a mistake had he 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 it, 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 be executed, but under the
law Of New York it must be done
through and by means of a corpora
ton. 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 If
you deem It expedient-that Is. II you
think it advisable and the fit and prop
er thing to do-cOnvey to that institu-
ton all or such part Of my residuary
estate as you choose, and If you do
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 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 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 incorpora.
| 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 Tildel
will is that Of his contemporary ir
law and politics. Roscoe Conkling
the text of which is as follows: II
Roscoe Conkling Of Utica. make. pub
lish and declare my last will and tesla
ment as follows: I give. devise ant
bequeath to my wife Julia and to hel
heirs and assigns forever all my prop
erty and estate. whether real or mixed
and l constitute and appoint my sait
wife sole executrix Of this my las
will" 1t would undoubtedly take /,
better lawyer than even Mr. Conklin!
to break his will.
In passing upon the validity Of tn
will Of President James X. Polk
Tennessee court of chancery said
This will was written by the testato
with his own hand in the executive
mansion at Washington at tim
when he was president of the Unite,
States. He was a lawyer of recoe
nized ability, had filled many high pub
lie Offices with distinction and reflect
ed great honor upon his state Hi
will was witnessed by a law partne
and senator in congress and name
as executor one Of the justices Of tn
supreme court of the United State:
1t comes to us with the impression Q
having been carefully thought out b,
fore 1t was formally put down all
} published as his last testament"
Among other provisions his hom
known as Polk Place, situated in til
city of Nashville, was given to b
wife for life. and upon her death
was bequeathed to the state of Tel
nessee In trust to be occupied and el
: joyed ''by such one of my blood rel
tives having the name of Polk as ma
t | by designated by the said state" al
If there were no blood relatives
: that name then "by such other of n
blood relations as may be designate
!, | by the said state to execute this trust
r The occupant was to keep the san
t in repair and prevent it from dilaI
+ dating or falling into decay, to p;
r the taxes and to preserve and keep
] repair "the tomb which may be place
. or erected over the mortal remains
\ my beloved wife and myself and sh,
. not permit the same to be removed n
any buildings or other improvement
be placed or erected over the sp
where said tomb may be-"
II This will was declared invalid
:. tending to establish perpetuity.
J. was not a gift for public charity Al
was merely an attempt to retain t
) property for the use Of the blood re
tives Of the testatOr.
T How easy it is for one to suggest
y sure way for some one else to mana