The Washington bee., 1911-10-28
Two Famous Lawyers Whose
TestamentS Were Defective.
TILDEN'S CURIOUS BLUNDER.
Loosely Drawn StipuIations That In.
validated His Charitable Trust Be-
quest-President PoIk's viii, Writ
ten by Himself, NulIified.

vii Is not known. 1t was thought IoI
some time that the viii was drawn, OF
e least approved, by Charles OCOnor
and James G. Carter, two of the most
sminent lawyers in New YORK, but
Ater statements, says Case and Com
ment, are to the erect that they had
Aothing at all to do with the will, and
consequently it is not definitely Known
who was responsible for fl.
It would hardly seem possible that
Mp. TiIden 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..
Garter about it, but nothing more
came Of It.
10 summing up the provisions Of the
Tnden viii the court in holding it in
valid stated that the testatOr in sub
stance said: Il have determined to de
vote my estate to charitable, educa-
tionaI and scientific purposes. l have
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
cOrpOTated 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
ct thing to dO-cOnvey TO that inStitu-
ti0n all or such part Of my residuary
estate as YOU choose. and II You dc
rot think that course advisable then
apply II 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
70 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 70 convey or not tG
convey to the suggested beneficiary.
The trustees procured the tncOrDOra.
don or the "Tilden trust and elect.
od 10 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
It
In striking contrast with the T1ldeu
VIII is that OF his contemporary IN
law and politics, Roscoe Conkling
the text Of which is as follows: Il,
Roscoe COnkling OF Utica, make. pub
Iish and declare my last viii and tesla.
ment as follows: I give. devise and
bedueath to my wife Julia and to her
heirs and assigns forever all my prop,
eFty and estate, whether real or mixed
and constitute and appoint my said
wife sole executrix Of this my last
viii" It would undoubtedly take al
better lawyer than even MT COnklina
10 break his win.
In passing upOn the validity Of the
viii Of President James K Polk al
Tennessee court Of chancery said
'sThis win was written by the testatOI
with his own hand in the executive
mansion at Washington at a time
when ne was president Of the United
States He was q lawyer Of recOg- l
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
sad a senator in congress and named
as executor one Of the justices Of the
supreme court OF the United States.
It comes to us with the impression oil
having been carefully thought out be
fore 1t 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 it|
was bequeathed TO the state Of Ten. /
nessee in trust to be occupied and On. /
jOyed 'Gby such one of my blood reIa- /
tiyes having the name Of Polk as NAV
by designated by the said state" and
II there were no blood relatives of /
that name then by such other Of nv 1
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 nav
TIE taxes aDd 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 permit the same to be removed noI
any buildings or other improvements /
be placed or erected over the spot |
/ where said tomb may be-"
This win was declared invalid as
esn6tng to establish a peTpetuity. nj
Was not a gift for public charity and
WIS merely an attempt to retain the I
property for the use Of the blood reIa- .
tives Of the testator.
{ 4s, e. -, i