The Cairo bulletin., 1911-01-26
-ess
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 viii. Writ
ten by Himself, Nulified.

ten by Himself, NuIlified.
Whether the old saying that "a law
yer who tries his own case has fool
| for client" il applicable 10 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 q. Carter, two OF the most
eminent lawyers In New York. but
later statements, says Case aud Com
| ment, are 10 the effect that they had
| nothing at all to do with the will, and
consequently IL IL not definitely known
| who was responsible for 1t.
| 1t would hardly Aeeem 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 ii,
In summing up the provisions or the
Tilden will the court in holding it in
valid stated that the testator IN sub
stance said u have determined to de-
vote my estate to charitable. educa
tional and scientific purposes have
formed no detailed plan how that pur
pose can be executed, bit under the
law of New York ii must be done
through and by means Of corpora.
ton. | request YOU to .cauec 20 be In
corporated an institution 10 he called
the Tilden trust with capacity 10
maintain free library and reading
room in the city Of New York, and
such other educational and scientific
objects as you shall DESIGNATE sud II
you deem It expedient--th that Is, II yon
think 1t advisable and the III ard prop
err thing to do--convey to that institu
ton 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 eiucation-
al and scientific purposes as IN your
Judgment win 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 he formed and
also as 10 whether they should give
any at all to the incorporation. and the
validity Of The beduest was denied
upon the ground of this complete dis
cretionary power to convey or not to
@onvey to the suggested beneficiary.
The trustees procured the incorpora-
ton Of the "Tilden trust" and elect
ed 10 convey 10 II the entire property
but the court held that the invalidlty
Of the charitable trust because cf It's
uncertainty could not he cured by any
thing done BE- the trustees to execute
| Ii.
In striking contrast with the Tilden
will is that Of his contemporary in
| law and politics, Roscoe ConklinG
| the text of which is ms follows II,
| Roscoe Conkling OF Utica, make. pub
lish and declare my last will aud testa-
| 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 constitute and appoint my said
| wife sole executrix of this my last
will" 1t would undoubtedly take n
better lawyer than even Mr.. Conkling
to break his viii.
In passing upon the validity Of the
| will Of President James X. Polk y
Tennessee court ~ chancery said:
This will was written by the testa;W
with his own hand In the executive
mansion at Washington at time
when he was president of the ruited
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 law partner
and Il senator In congress and named
as executor one of'the justices OF the
, supreme court of the United States.
lt~6omes to MS with the impression uf
having been carefully thought out be
fore ii was formally put down aad
, published as his last testament"
II Among other provisions his home
{ known rs Polk Place situated in the
city Of Nashville. was given to his
wife for life, and upon her death II
. was beqaeathed to the state Of Ten
II nessec IN trust to be occupied and en-
ioyed by such one of my blood rea
tives having the name of Polk as ma,
by designated rs the said state" ant
II there were no blood relatives o
that name then by such other Of IN!
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
! repair "thc tomb which may be place.
J or erected ovev the mortal remains 0
my beloved wife and myself and shal
not permit the same to be removed no
any buildings or other Improvement
be placed or erected over the spo
4 where said tomb may be"
III This will was declared invalid n
tending to establish perpetuity
was not a gift for public charity an
was merely IN attempt to retain til
property for the use Of the blood relt