The Lynden tribune. [volume] (Lynden, Wash.) 1908-current, 1911-03-02
ERRORS 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

validated His Charitable Trust Be-
quest-President Folks Will. Writ
ten by Himself, NulIified.
Whether the old saying that "a law
yer who tries his own case has n fool
for a client" is applicable to Samuel
]. 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 OConor
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, ani
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 1t in
valid stated that the testator in sub
stance said: II 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 1t must be done
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 ard prop
err thing to do--convey to that insttu
ton all or such part of my residuaY
estate as you choose. and if you do
not think that course advisable then
amply it to such charitable. education
al and scientific purposes rs 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
nd m
validity of the bequest was denied
upon the GROUND 90 THE o,sns-,ste. DIT,
cretionary power to convey or hoy to |
convey to the suggested beneficiary
The trustees procured the ncOrpOri-
ton of the "rilden trust and elect
ed to convey to it the entire properly, |
but the court held that the nyalidfy |
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: 81.
Roscoe Conkling Of Utica. make pub
lish and declare my last will and 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 l constitute and appoint my said
wife sole eXecutriX of this my last
will" 1t would undoubtedly take q
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 Uuted
States. He was lawyer of reeog-
nized 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 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 it was formally put down and
published as his last testament"
Among other provisions his home.
known as Polk Place, situated III the
city Of Nashville. was given to his
wife for life. and upon her death it
was bequeathed to the state of Ten.
nessee in trust to be occupied and en-.
joyed "by such one Of my blood rcla,
tives having the name of Polk as NAV
by designated by the said state" and
II there were no blood relatives Of
that name then "by such other of nv
blood relations as may be designated
by the said state to execute this trust"
The occupant was to keep the same
in repair and prevent it from dilapi.
dating or falling into decay, to pay
the taxes and to preserve and keep in
repair "the tomb which may be placed
or erected over the mortal remains OF
my beloved wife and myself and shall
not permit the same to be removed no,
any buildings or other Improvement,
be placed or erected over the spo
where said tomb may be-"
This will was declared invalid a
tending to establish a perpetuity. l
was not gift for public charity an,
was merely an attempt to retain tn
property for the use Of the blood rela
tives Of the testator.