Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-06-22
Daniel S, RemSeni Expert on
Post Motem Administration
of Wealth, Addresses Bank
erS on Subject
REQUESTS OF HARTMAN
AND OTHERS CRITICISED
Last TesiamenlS Of Railroad
Magnate, Mrs, Mary Baker
Eddy and Charles 7, Yerkes
Unsafe 10 Pattern After,

isv aosnn.a lovnasl srecist lsAsrn wWsi
Pittsburgh june sl-Daniel s.
Romson. of the Ncw York bar. an au-
thorily on the post moftom admins
trution OF wealth. told the members
OF the PENNSYLVANIA Hankcrs assooia-
tion today that the wills of the late
Edward Hartman. Albert G.. Bosl-
wick, Charles T. Yerkes. Henry y.
Plant, Mrs. Mary Baker @. Eddy.
Robert Aather. and other prominent
persons he mentioned were unsafe
models to follow As a type OF the
safe and sound will he cited the
viii Of J. Pierpont Morgan. Mr.. REM
s,n's address. delivered at the annual
meeting Of the association. WAS en-
titled a Plea for Scientific Prep
araton Of Wills
The way to get better Wills. said
Mr.. kemscn. was 90 make Them"
Lawyers we're able aud willing ii that
service WAS demanded. The client. no
said. must give hia lawyer a fair
chance and demand his best service.
When his Will is complete he must
demand that IT be tested while he ~
alive and able 60 repair any defects
or antiquities that may be discover
ed" This method he added. pro-
duced the Will Of Mr.. Morgan
A safe viii Mr.. ttemsen defined
as one free from danger. The word
"sound." he said. meant without
flaw" The safe win WIS one so writ
ten ~ 60 insure the iulfillment Of al,
makers Wishes The sound will was
.t. haf 4tFf
though 1t might not Insure the result
the maker wished. The Hartman
VIII, he asserted, was clearly sound
but must be classed as unsafe The
VIII OF the late Samuel J. Tllden was
cited as conspicuous example of the
VIII thut was both unsafe and un-
sound
For Mr. ftarfiman's purpose" he
said. "his viii Is not open To criti-
csm. When. however, IL becomes the
subject of great praise In the public
press as q model for the preparation
of other willis | cannot, in justice 10
the thousands OF innocent people all
over this country who have copied
this will as their own. let this oppor-
tunity pass without sounding n note
of warning. DO not misnnderstand
me Mr. Hartman and his lawyers
knew the conditions with which they
were dealing They were preparing
Mr. narlman's WILL not precedent
for other Wills. II Is only when this
VIII is viewed as a precedent, when
people copy t. when 1t is used to III
quite different financial and family
circumstances, that II presents objec-
tlonable features Indeed, all Wills
may be said 10 present Objectionable
features when used as precedents
without competent legal advice.
For an example Of a perfectly
AOund viii that rs exceedingly unsafe
and liable to defeat the wishes of its
maker let us refer 10 the VIII of the
late Albert c. Bostwek. son of 1abez
A. Bostwick. Of standard OIL fame
His VIII was substantially the same as
the Hartman Will Like Hartman,
BostWiek gave everything 10 his wife.
The important difference In the two
cases was created hy the family cir
Bostwick had four chill
dren born TO him after he made his
win and Hartman none. Mrs. Harri-
man took all the property given To
her bV her husband Mrs B0stwick
did not The four Bostwick children
born after the making Of the VIII
took the bulk of the estate as u no
viii had been made. Mrs Bostwick
took what was left and the child born
before the making of the VIII took
nothing
The late J Jennings McComb
made millions In his lie time from a
little patented article used TO lasten
steel hoops around cotton bales' y
little piece Of iron known as q cotton
TIC At the tine Of his death ne was
the owner of the FAR famed Spanish
or Navarro flats In New York, now
called the Central Park apartments
The litigation concerning his viii was
long and bitter II resulted in the
of several trusts, Including
a trust Of those eight great apartment
buildings II wiped out the eodicll
designed TO prevent a particular mar
rnge In his family and In large
measure otherwise defeated his plans
1 hnVe no means of estimating the
cost Of this litigation with accuracy
but we are told that the executors
expended between fifty and seventy
five thousand dollars in making an
unsuccessful attempt to sustain the
viii. Nothing is known OF what y
cost the heirs.
"The late Henry -. Plant, the prin-
cipal owner of the great Plant Sys-
tenn Of railroads IN FLORIDA, was alsu
a resident Of New York. tie took
chances with the rule against perpetu-
tiles. and his huge trust for the hene-
III Of his descendants wholly failed
ana In effect his VIII was adtudged
void. The cost OF the litigation con
cernng this Will is also said 70 have
been enormous, exceeding half a mil
lion Of dollars on both sides.
Il
that too little attention is given TO the
plan and preparation of The Will. 1t
means that the average person about
TO make will treats IL as matter OF
minor Importance, less indeed than
the making of a simple contract. lie
is in haste lie explains 20 his law
ycrs that he wants a short, plain. SIM
pie will He then makes known his