President Polk had seven brothers and sisters now dead, but all of whom left numerous children. Many of them joined together in a chancery suit to set aside his will on the ground that it was void as being contrary to the provision of the constitution of the State of Tennessee against perpetuities. It has been suggested that the meanness of these persons was extreme, as the estate was not large, and their action served to upset Mr. Polk’s attempt to perpetuate his memory. The court did set aside the will.
The heirs claimed that the State of Tennessee had no power to accept the trust; that the trust was too vague and uncertain; that it created a perpetuity; that it established a house of nobility, and secured through the instrumentality of the State, a succession to persons related in blood, privileges and honors inconsistent with the laws of the State. The State of Tennessee affirmed that the main object of the testator was to set aside a small lot of land for a tomb for himself and his wife, and that the other matters devised were but incidents.
It was the desire of Polk that his homestead should never pass into the hands of strangers, and also that the most worthy of his name and blood might occupy it from generation to generation. The will also provided that the tomb should be kept in repair forever by the tenant, as a small return for the privilege of being permitted to occupy the home.
Will of George M. Pullman
George M. Pullman, of Pullman Palace Car fame, died October 19, 1897. The will opens with the statement that his wife is not appointed executrix or trustee, because the testator wishes to relieve her of the labors, cares and responsibilities of these positions. Certain friends are appointed executors of the will.
He directs his executors to set aside certain securities of great value, which he gives to a trustee, and directs the income therefrom to be paid to his wife during her life, and upon her death, the principal becomes a part of the residuary estate. A similar provision is made for his daughters. Upon the death of the daughters, however, leaving issue, the property held in trust shall become absolutely the property of such issue in equal shares. Upon the death of either daughter, leaving no issue, but leaving a husband, one-half of the property then held in trust for such daughter shall become absolutely the property of such husband, and the other half shall pass into the residuary estate, as shall all property so held in trust for either daughter dying without having issue or husband.
The eighth item of the will reads as follows:
“Inasmuch as neither of my sons has developed such a sense of responsibility as in my judgment is requisite for the wise use of large properties and considerable sums of money, I am painfully compelled, as I have explicitly stated to them, to limit my testamentary provisions for their benefit to trusts producing only such income as I deem reasonable for their support.” Accordingly he established trusts for their benefit sufficient in the judgment of his executors to yield a fixed income for each with capital over to their issue.
Out of the remainder of his estate, after satisfying the provisions mentioned, the testator provides for his brothers and sisters by pecuniary legacies or trust provisions. In like manner, he also provides for other relatives, friends and employees, including household servants. A number of charitable corporations are also given legacies.
To a daughter, he gives an island in the St. Lawrence River, one of “The Thousand Islands,” on which the testator had erected an edifice known as “Castle Rest,” which was intended for a summer home for his mother, and which was used by her as such until the time of her death. This island and the castle, with all its appurtenances, furniture and pictures, is given to the daughter, as stated. The will then recites: