The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1911-02-22
ERRORS IN Wills.
Two Famous Lawyers Whose
Testaments Were Defective.
TILDEN'S CURIOUS BLUNDER.


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. II 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 10 the effect that they had
nothing at all to do with the will, and
consequently it is not definitely known
who was responsible for IL.
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 il.
In summing up the provisions of the
Tilden will the court in holding IL in
valid stated that the testator in sub
stance said: IL 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, but under the
law of New York 1t must be done
through and by means of a corpora
ton. l request you to cause to be in
corporated an institution to be called
the 'Tilden trust with capacity to
maintain a 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
or thing TO do-convey TO that institu-
ton all or such part of my residuary
estate as you choose. and IL you do
not think that course advisable then
apply Il to such charitable education
nj and scientific purposes as in your
Judgment will most substantially ben
eft mankind"
1t win be noted that the discretion of
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 10 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 lncorpora-
ton of the "Tilden trust" and elect
ed TO convey to II the entire property,
but the court held that the invalldity
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 Tiden
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 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
better lawyer than even Mr.. Conkling
TO break his will.
In passing upon the validity of the
will OF President James X Polk n
Tennessee court of chancery said
"This will was written by the testator
with his own hand in the executive
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 n law partner
and n senator i'm congress and named
rs executor one of the justices of the
court of the United States.
II 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 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 rela-
tives having the name Of Polk as may
by designated by the said state" and
II there were 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 same
in repair and prevent It from dilapl
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 as
tending to establish a perpetuity. IL
was not gift for public charity and
was merely an attempt to retain the
property for the use Of the blood rela-
tives OF the testator.
How easy II is for one 10 supppst n