The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-02-18
IN WILLS.
Two Famous Lawyers Whose
TeStaments Were Defective.
TILDEN'S CURIOUS BLUNDER.

Loosely Drawn Stipulations That In.
validated His Charitable Trust Be.
quest-President Folks Will, Writ.
ten by Himself, NuIlified.
Whether the old saying that "a law.
yer who tries his own case has fool
for a 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 at 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 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: Il have determined to de-
70 10 70 oh ;fnIN
tional and scientific purposes. l have
formed no detailed plan how that pur-
pose can be executed, but under the
law of New York 1t must be done
through and by means of corpora
ton. l request you to cause to be in
corporated an institution to be called
the 'Tilden 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 eXpedient-that is, If you
think it advisable and the fit and prop
er thing to do-convey to that institu-
tion 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"
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 bequest was denied
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 It's
could not be cured by any
thing done by the trustees to execute
II.
In striking contrast with the Tilden
will is THAI of his contemporary in
law and politics, Roscoe Conkling
the text of which is as follows: 81,
Roscoe COnkling of Utica make, pub
fish and declare my last will and tesla
ment as follows; l give, devise and
bequeath to my wife Julia and to her
eeirs and assigns forever all my prop
erty and estate, whether real or mixed,
and [ constitute and appoint my said
wife sole eXecutriX of this my last
Will" 1t would undoubtedly take
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 testator
With his own hand in the executive
mansion at Washington at a time
when he was president of the United |
states. He was a lawyer of recog- |
llzed ability. mad filed many high pub |
ic offices with distinction and reflect. |
"a great honor upon his state. His |
Will was witnessed by a law partner
md senator in congress and named
IS executor one of the justices of the
court of the United States,
[ comes to us with the impression of |
having been carefully thought out be-
ore 1t was formally put down and
published as his last testament"
Among other provisions his home.
,nown as Polk Place, situated in the
ity of Nashville, was given to his
wife for life, and upon her death II
vas bequeathed to the state of Ten
lessee in trust to be occupied and en-
Dyed "by such one of my blood rela.
ives having the name of Polk as may
y designated by the said state,", and
there were no blood relatives of
nat name then "by such other of my
lood relations as may be designated
y the said state to execute this trust"
The occupant was to keen the same
repair and prevent it from dilapl-
ating or falling into decay, to pay
ne taxes and TO preserve and keep in
epair 1.-THE tomb which may be placed
erected over the mortal remains of
" beloved wife and myself and shall
OF permit the same to be removed nor
ny buildings or other improvements
nlannd NJ Al. |