Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1911-02-23
ERRORS IN WILLS.
Two Famous Lawyers Whose
Testaments Were Defective.
TlLDEN'S CURIOUS BLUNDER.


validated His Charitable Trust Be-
oucst-President Folks Will, Writ
ten by Himself, NuIlified.
Whether the old saying that "a law
yer who tries his own case has TOOL
for client" is applicable to Samuel
j. Tilden in the matter Of drawing MS
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 1t is not definitely known
who was responsible for it.
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 1t. but nothing more
came of 1t.
In summing up the provisions Of the
Tilden will the court in holding 1t in
valid stated that the testator in sub
stance said: 81 have determined to de-
vote my estate to charitable. 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 be done
through and by means Of corpora
ton. 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 1t 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 1t the entire property
but the court held that the inyalidity
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: az
Roscoe Conkling of Utica, make. pub.
fish and declare my last will and tesla
ment as follows: | 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 l 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 a
Tennessee court of chaneery said
This will was written by the testator
with his own hand in the executive
mansion at Washington at time
when he was president of the United
States. He was lawyer of recog
nized ability had filed many high pub
lie offices with distinction and reflect
ed great honor upon his state. His
will was witnessed by a law partner
and senator in congress and named
as executor one of the justices of the
supreme court of the United States
having been carefully thought out be
fore 1t was formally put down anf
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 4
was bequeathed to the state of Ten
nessee in trust to be occupied and en-
joyed by such one Of my blood rela
tives having the name of Polk as ma,
by designated by the said state" ant
II there We're no blood relatives OF
that name then "by such other of my
blood relations as may be designated
by the said state to execute this trust.
The occupant was to keep the sam,
In repair and prevent 1t from dilapl
dating or falling into decay, to pa,
the taxes and to preserve and keep IL
reDair athp tomb which NOV ha nlooo,