Jefferson jimplecute. (Jefferson, Tex.) 1907-1926, 1911-07-14

lssssty Drawn 0tipvist,sos That Ia.
valitstsd h,s Charitable Trust BE-
evsst-prss,dsct pslk's viii. Writ
tea By H,ssssif, kvG.ssd.
yer who tries his own case has = fool
for q client" 10 applicable to Samuel
J. Tllden In the matter OF drn wing his
Will n not Known II was thought for
some time that the Will WAS drawn. o.
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 ure to the effect that they had
nothing at all to do with the Will. and
consequently 1t 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 nude that Mr.. Tilden had some
doubts a. 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 testntor In sub
stance said: II have determined to de-
vote my estate to charitable. educa-
tional aud scientific purposes. have
formed no detailed plan how that pur-
pose can be executed. but under the
law of Nav York Il must be done
through and by means OF = corpora
tion. request you TO cause to be In
corporated an institution to be called
the 'Tnden trust with capacity to
maintain n 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 eYpedient-that IS. II you
think 1t advisable and the 1T and prop
er thing 10 dO--convey to that institu-
ton all or such part OF my residuary
estate az you choose. and II you do
not think that course advisable then
apply It to such charitable. education
al and scientific purposes Az In your
Judgment will most substantially ben
eAt mankind"
II will DO 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 ~ 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
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
It.
In striking contrast with the Tilden
will ia that Of his contemporary In
law aud 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 ~ follows: l give. devise and
beQueath to my wife Julia and to her
heirs and assigns forever all my prop
erty and estate, whether real or mixed.
and constitute and appoint my said
wife sole execdtrix of this my last
Will" 1t would undoubtedly take a
better lawyer than even Mr.. Conkling
to break his Will
In passing upon the validity Of the
will OF President James X. Polk Il
Tennessee court OF chancery said:
Thls will was written by the testator
with his own hand In the executive
mansion at Washington at time
when he WAS president of the Uuited
States. He was lawyer OF recog-
x4zed ability. had filled many high pub
lie Offices with distinction and reflect
ed great honor upon his state His
will was witnessed by a law partner
and n 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 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 1t
was beQueathed to the state Of Ten
nessee In trust to be occupied and en-
Joyed by such one of my blood rela
tiyes having the name Of Polk As may
by designated by the said state" and
II there we're no blood relatives OF
that name then "by such other OF my
blood relations as may be designsted
by the said state to execute this trust"
The occupant was to keep the same
In repair and prevent It FROM dilapi-
dating OF falling into decay. to pay
the taxes and to preserve and keep In
repair 1.-The tomb which may be placed
or erected over the mortal remains OF
my beloved wife and myself aud shall
not permit the IA me to be removed nor
any buildings or other improvements
be placed or erected over the spot
where said tomb may be-"
This will was declared invalid as
tending to establish u perpetuity. 1t
was not q gift for public charity and
was merely an attempt to retain the
property for the use OF the blood rela
ttv ~ OF the testator.
How easy II Is FOR one to suggest "A