The Anaconda Standard

WILLS TOO EASILY BROKEN.

Difficulty Surrounds Those Who Desire to Dispose of Their Property.

From the Washington Post.

The discussion by the press of the country of the decision of the New York court of appeals on the Tilden will case has drawn general attention to the difficulty of making certain testamentary dispositions of property without incurring the danger of having such dispositions declared in the courts on some technicality of law or some arbitrary rule of construction.

Whenever a testator has a purpose in view which, in a general way, is clear enough to his own mind, but of which he cannot foresee the modifications that may be necessary in the future, the ordinary way is by will to create a trust for the carrying out of the general purpose and to confer upon the trustees a discretionary power to deal with future contingencies as they may arise. Yet they are few wills of this character that do not run a great risk of being broken for uncertainty, or other like reason. Their purpose is easily understood by the ordinary mind and their fiduciary provisions could be intelligently and faithfully carried out by men of ordinary business sense; yet they may be declared invalid on a mere point of construction growing out of the application of rules of law, according to the view and temper of the court.