The Monmouth inquirer., 1926-04-08
! WILLS Of FAMOUS LAWYERS
TIIden's Curious Mlstake-conklino's
Brief Document.

thought for some time that the VIII
was drawn, or at least approved, by
Charles O'Conner and James c. Car
ter. two of the most eminent lawyers
in New York, but later Statements,
says Case and Comment, are to the
effect that they had nothing at all to
do with the will, and consequently it
is not definitely known who was re-
sponsible 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 1t, but nothing more
came Of it.
In summing up the provisions OF the
Tilden will the court in holding it in
valid stated that the testator in sub
stance said: Il have determined to
devote my estate to charitable, educa-
ttonaI and scientific purposes. / have
formed No detailed plan how that
purpose can be executed, but under
the law of New York it must be done
syrougk and by means Of corpora
ton. / reqlrst you to cause to be in
corpcrated an institution to be called
the aTilden Trust" with capacity to
maintain free library and reading
room in the city Of New York, and
such other educational objects as
you shall designate; and if you deem
it expedient, that is if you think i
advisable and the fit and proper
thing to do, convey to that institution
all or such part OF my restduary
estate as you choose; and II you do
not think that course advisable then
apply it to such charitable, educa-
tional and scientific purposes as in
your Judgment viii most substantially
benefit mankind"
It will be noted that the discretion
of the trustees was indefinite both as
to the amount which they were to civ
to the corporation to be formed and
also as to whether they should size
any at all to the Incorporation; al
the validity Of the bequest was &C
MED upon the ground of this corr,
plete discretionary power to conve
or not to convey to the suggestes
beneficiary.
The trustees procured the inccr1
ration of the s"Tilden Trust" az
.1oo4od ~ oo,,xraxr ~ 81 tha ortis-a
property, but the Court held that the
invalidity of the charitable trust be
cause of its uncertainty could not BIO
cured by anything done by the trus-
tees 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: ~, Ros=
coe Conkling of Utica. make, publish
and declare my last will and tesla
ment as follows: give. devise and be-
queath to my wife Julia and to her
heirs and assigns forever all my
property and estate, whether real or
mixed, and / constitute and appoint
my said wife sole exeentrix of this my
last will" 1t would undoubtedly take
a better lawyer than even Mr., Gonk-
ling to break his will.
In passing upon the validity Of the
will Of President James K. Polk q
Tennessee court chancery said; This
will was written by the testator with
his own hand in the Executive Man
sion at Washington at a time when he
was President OF the United States,
He was lawyer of recognized ability,
had filled many high jnblic Offices
With distinction and reflected great
honor upon his State. His will was
witnessed by law partner and Sem
ator in Congress and named as exc
cutor one of the Justices Of the SUI
preme 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 in 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-
soyed "by such one Of my blood rela-
tivss having the name Of Polk as may
be designated by the said State" and
If there were no blood relatives of
that name then 'tby 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 1t from diiapi-
dating or falling into decay, to pay
the taxes and to preserve and keep in
repair ssthe 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 improve
ments be placed or erected over the
spot where said tomb may be-"
This will was declared inYalid as
lending to establish perpetuity, It
was not gift for public charity and