Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1911-01-28
ERRORS IN WILLS.
Two Famous Lawyers Whose Tesla
ments Were Defective

ments Were Defective.
Whether the old saying that "a law
yer who tries his own case has. fool
/ for a client is applicable to Samuel
/ J. Tflden in the matter OF drawing his
/ viii 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 at all to do with the will, ana
consequently it is not definitely known
who was responsible for it
1t would hardly seem possible that
Mr.. Tilden himself could have made
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 II.
In summing up the provisions of the
Tilden will the court in holding it in
valid stated that the testator in sub
stance said: 81 have determined to de-
vote my estate to charita BILE, educa-
tional and scientific purposes. l have
formed no detailed plan how that pur-
pose can be executed, but under the
law of New York it must he done
through and by means of a corpora
ton. request you TO cause to be in
corporated an institution to be called
the 'Tflden 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 II
you deem IL expedient-that is. If 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 II you do
not think that course advisable then
apply 1t 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 Tilden
will is that of his contemporary in
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 and
bequeath to my wife Julia and to her
heirs and assigns forever all my prop
erty and estate. whether real or mixed,
and I constitute and appoint my said
wife sole executrix 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
Tennessee court of chancery said
This will was written by the festator