The Washington bee., 1911-11-04
Two Famous Lawyers Whose
TeStamentS Were Defective.
TlLDEN'S CURIOUS BLUNDER.
Loosely Drawn Stipulations That In
validated His Charitable Trust Be-
suest-President PoIk's Will, Writ
ten by Himself, NuIlifisd.

J. TtldeD In the matter Of drawing his
viii Is not known. 1t was thought for
some time that the will was drawn, OF
- beast approved, by Charles O'Conor
and James c. Carter, two Of the most
sminent lawyers in New York, but
Ater statements, says Case and Com
ment- are to the effect that they had
ROthing at all to do with the will, and
consequently it is not definitely known
who was responsible for It.
It 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 it. but nothing more
came Of It,
In summing up the provisions Of the
Tflden will the court in holding it in
valid stated that the testatOr in sub
stance said: Il have determined to de
tiOnal and scientific purposes. I 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 a corpora
ton. request you to cause to be in
corporated an institution to be called
the 'Tflden trust with capacity to
maintain a free library and reading
room I'm 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 instttu-
tiOn all or such part Of my residuary
estate as you choose. and If you DC
not think that course advisable then
apply II 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
Iut NUIl1OIdtlUh W bN AbA AAAtN ftAAN
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 |
II.
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 tesla. !
ment as follows: give, devise and
bequeath to my wife Julia and to hei
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
better lawyer than even Mr.. Conkline
to break his will.
In passing upon the validity Of the
will Of President James K. Polk o
Tennessee court of chancery said
This will was written by the testatoF
with his own hand in the executive
mansion at Washington at a time
when he was president OF the United
Sta tes. He was q lawyer OF Tecog.
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 q senator in congress and named
as executor one OF the justices Of the
supreme court of the United States.
It comes to US with the impression of
having been carefully thought out be,
fore it was formally put down and
published as bis 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 IL
was beQueathed to the state of Ten.
nessee in trust to be occupied and en-.
Joyed "by such one of my blood reIa.
tfveS having the name of Polk as NAV
by designated by the said state" and
If 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 dilapE
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 nor
any buildings or other improvements
be placed or erected over the spot
where said tomb may be-"
This will was declared invalid az
Asading to establish a perpetuity. II
wss Rot a gift for public charity and
was merely an attempt to retain the
property for the use Of the blood rela
ives Of the testator.
How easy it is for one to suggest q
.yyra vVav for Soma ono also fo yosrao,.