The Washington bee., 1912-01-06
ERRORS IN WILLS.
Two Famous Lawyers Whose
TeStamentS Were Defective.
TILDEN'S CURIOUS BLUNDER.
LooseIy Drawn stipulations That In
validated His Charitable Trust Be-
suest-Presidsnt PoIk's VIII, Writ
ten by Himself, NuIIifed.

Whether the old saying tnaC a law
yer who tries his own case has a fool
for a client" is applicable to Samuel
J. Tilden In the matter Of drawing his
win is not known. 1t was thought for
sosne time that the viii was drawn, CT
n east approved, by Charles O'ConoE
and James G. Carter, two Of the most
sUninent lawyers in New York, but
Ater statements, says Case and Com
ment are to the effect that they had
AothinQ 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.. TfIden himself could have made
such e 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 MF.
Garter about it. but nothing more
came Of 1t.
In summing up the provisions OF the
Tilden viii the court in holding II IN
valid stated that the testator in sub
stance said: 'I have determined 20 de-
vote my estate to charitable, educa-
ttonaI and scientific purposes. 1 have
formed no detailed plan how that puF-
nose can be executed, but under the
Isw Of New York it must be done
through and by means Of corpora
ton. request you TO cause to De IN
corporated an institution to be calico
the sTiIden trust with capacity 70
maintain a free library and reading
room In the city OF New YORK, ano
wuch other educational and scientinC
objects as you shall designate, and II
Won deem It expedient-that is, II you
think It advisable an( lhe fit and prop
| er thing to do-convey TO that insutu
+sou all or such part Of my residuary
estate as you choose, and II you dC
not think that course advisable theL
appIv # to such charitable. education
al and scientific purposes as IN you
Judgment will most substantially pen
| eft mankind"
II VIII be noted thai the discretion o
| tfe trustees was indefnite both a
! 70 the amount which they were TO CIV
10 the corporation TO be formed ant
slso as to whether they should CIV
any at all to the incorporation, and IN
validity Of the bequest was denies
upon the ground Of this complete dis
| cre+Ionarv power to convey or not Q
convey to the suggested beneficiary
The trustees procured the incorpors
xSon Of the "TiIden trust" and elect
al TO convey to II the entire property
hut the court held that the invahdit
of the charitable trust because OF 1t
uncertainty could not be cured by any
thing done by the trustees to execut
It.
In striking contrast with the Tide
viii is that OF his contemporary i
law and politics. Roscoe Conkline
the text Of which is as follows: -
Roscoe Conkling OF Uica, make, pull
lfsh and declare my last VIII and tests
ment as follows: I give, devise an
bedueath to my wife Julia and to he
heirs and assigns forever all my prof.
/
and I constitute and appoint my sal
wife sole executrix Of this my las
viii" It would undoubtedly take
better lawyer than even Mr.. COnklin
to break his VIII.
In passing upon the validity Of tn
viii OF President James K. Polk
Tennessee court Of chancery saiC
s~This will was written by the testatC
. with his own hand IN the executiv
mansion at washington at a tim
when he was president Of the Unite
States. He was a lawyer Of recOl
nized ability. had filed many high puI
! lie offices with distinction and refec
ed great honor upon his state. Fl
, viii was witnessed by law partnt
. and a senator in congress and name
as executor one Of the justices OF II
| | supreme court of the United State
f It comes to US with the impression (
having been carefully thought out b
fore it was formally put down an
published as bis last testament"
] Among other provisions his hOm
known as Polk Place. situated In tt
/ city Of Nashville, was given to b
wife for life. and upon her death
was bequeathed to the state Of Te
+ nessee in trust to be occupied and e
: toyed ''by such one Of my blood rel
o. tiVes having the name Of Polk as ms
,. by designated by the said state" al
. If there were no blood relatives
j that name then by such other Of u
S / blood relations as may be designate
by the said state to execute this trust
Il The occupant was to keep the san
in repair and prevent it from diIaE
/ dating or falling into decay, to pl
{ the taxes and TO preserve and keep
! repair "the tomb which may be place
q | or erected over the mortal remains
0 | my beloved wife and myself and shs
3 | not permit the same to be removed n
any buildings or other improvement
be placed or erected over the sp
where said tomb may be"
This will was declared invalid
Asading to establish a perpetuity.
was not a gift for public charity al
was merely an attempt to retain Il
property for the use Of the blood rel
tves Of the testator.