His first will was written in his diary, on March 27, 1895. [27]

The fourth paragraph, to which I wish to call particular attention,

contains a request to his next of kin to transfer the right of

publishing his writings to society at large, or, in other words, to

renounce the copyright of them.

"But I only request it, and do not direct it. It is a good thing to do.

And it will be good for you to do it; but if you do not do it, that is

your affair. It means that you are not yet ready to do it. The fact that

my writings have been bought and sold during these last ten years has

been the most painful thing in my whole life to me."

Three copies were made of this will, and they were kept by my sister

Masha, my brother Sergei, and Tchertkof.

I knew of its existence, but I never saw it till after my father's

death, and I never inquired of anybody about the details.

I knew my father's views about copyright, and no will of his could have

added anything to what I knew. I knew, moreover, that this will was not

properly executed according to the forms of law, and personally I was

glad of that, for I saw in it another proof of my father's confidence

in his family. I need hardly add that I never doubted that my father's

wishes would be carried out.

My sister Masha, with whom I once had a conversation on the subject, was

of the same opinion.

In 1909 my father stayed with Mr. Tchertkof at Krekshin, and there for

the first time he wrote a formal will, attested by the signature of

witnesses. How this will came to be written I do not know, and I do not

intend to discuss it. It afterward appeared that it also was imperfect

from a legal point of view, and in October, 1909, it had all to be done

again.

As to the writing of the third we are fully informed by Mr. F. Strakhof

in an article which he published in the St. Petersburg "Gazette" on

November 6, 1911.

Mr. Strakhof left Moscow at night. He had calculated on Sofya

Andreyevna, [28] whose presence at Yasnaya Polyana was highly

inexpedient for the business on which he was bound, being still in

Moscow.

The business in question, as was made clear in the preliminary

consultation which V. G. Tchertkof held with N. K. Muravyof,

the solicitor, consisted in getting fresh signatures from Lyoff

Nikolaievich, whose great age made it desirable to make sure, without

delay, of his wishes being carried out by means of a more unassailable

legal document. Strakhof brought the draft of the will with him, and

laid it before Lyoff Nikolaievich. After reading the paper through, he

at once wrote under it that he agreed with its purport, and then added,

after a pause:

"All this business is very disagreeable to me, and it is unnecessary. To

insure the propagation of my ideas by taking all sorts of measures--why,

no word can perish without leaving its trace, if it expresses a truth,

and if the man who utters it believes profoundly in its truth. But all

these outward means for insuring it only come of our disbelief in what

we utter."

And with these words Lyoff Nikolaievich left the study.

Thereupon Mr. Strakhof began to consider what he must do next, whether

he should go back with empty hands, or whether he should argue it out.

He decided to argue it out, and endeavored to explain to my father

how painful it would be for his friends after his death to hear people

blaming him for not having taken any steps, despite his strong opinion

on the subject, to see that his wishes were carried out, and for having

thereby helped to transfer his copyrights to the members of his family.

Tolstoy promised to think it over, and left the room again.

At dinner Sofya Andreyevna "was evidently far from having any

suspicions." When Tolstoy was not by, however, she asked Mr. Strakhof

what he had come down about. Inasmuch as Mr. Strakhof had other affairs

in hand besides the will, he told her about one thing and another with

an easy conscience.

Mr. Strakhof described a second visit to Yasnaya, when he came to attest

the same will as a witness.

When he arrived, he said: "The countess had not yet come down. I

breathed again."

Of his departure, he said:

As I said good-by to Sofya Andreyevna, I examined her countenance

attentively. Such complete tranquillity and cordiality toward her

departing guests were written on it that I had not the smallest doubt

of her complete ignorance of what was going on.... I left the house with

the pleasing consciousness of a work well done--a work that was destined

to have a considerable historic consequence. I only felt some little

twinge within, certain qualms of conscience about the conspiratorial

character of the transaction.

But even this text of the will did not quite satisfy my father's

"friends and advisers"; it was redrafted for the fourth and last time in

July, 1910.

This last draft was written by my father himself in the Limonovski

Forest, two miles from the house, not far from Mr. Tchertkof's estate.

Such is the melancholy history of this document, which was destined to

have historic consequences. "All this business is very disagreeable to

me, and it is unnecessary," my father said when he signed the paper that

was thrust before him. That was his real opinion about his will, and it

never altered to the end of his days.

Is there any need of proof for that? I think one need know very little

of his convictions to have no doubt about it.

Was Lyoff Nikolaievich Tolstoy likely of his own accord to have recourse

to the protection of the law? And, if he did, was he likely to conceal

it from his wife and children?

He had been put into a position from which there was absolutely no way

out. To tell his wife was out of the question; it would have grievously

offended his friends. To have destroyed the will would have been worse

still; for his friends had suffered for his principles morally, and some

of them materially, and had been exiled from Russia. He felt himself

bound to them.

And on the top of all this were his fainting fits, his increasing loss

of memory, the clear consciousness of the approach of death, and the

continually growing nervousness of his wife, who felt in her heart

of hearts the unnatural estrangement of her husband, and could not

understand it. If she asked him what it was that he was concealing from

her, he would either have to say nothing or to tell her the truth. But

that was impossible.

So it came about that the long-cherished dream of leaving Yasnaya

Polyana presented itself as the only means of escape. It was certainly

not in order to enjoy the full realization of his dream that he left his

home; he went away only as a choice of evils.

"I am too feeble and too old to begin a new life," he had said to my

brother Sergei only a few days before his departure.

Harassed, ill in body and in mind, he started forth without any object

in view, without any thought-out plan, merely in order to hide himself

somewhere, wherever it might be, and get some rest from the moral

tortures which had become insupportable to him.

"To fly, to fly!" he said in his deathbed delirium as he lay at

Astapova.

"Has papa considered that mama may not survive the separation from him?"

I asked my sister Sasha on October 29, when she was on the point of

going to join him at Shamerdino.

"Yes, he has considered all that, and still made up his mind to go,

because he thinks that nothing could be worse than the state that things

have come to here," she answered.

I confess that my explanation of my father's flight by no means exhausts

the question. Life is complex and every explanation of a man's conduct

is bound to suffer from one-sidedness. Besides, there are circumstances

of which I do not care to speak at the present moment, in order not to

cause unnecessary pain to people still living. It may be that if those

who were about my father during the last years of his life had known

what they were doing, things would have turned out differently.

The years will pass. The accumulated incrustations which hide the truth

will pass away. Much will be wiped out and forgotten. Among other things

my father's will will be forgotten--that will which he himself looked

upon as an "unnecessary outward means." And men will see more clearly

that legacy of love and truth in which he believed deeply, and which,

according to his own words, "cannot perish without a trace."

In conclusion I cannot refrain from quoting the opinion of one of my

kinsmen, who, after my father's death, read the diaries kept both by my

father and my mother during the autumn before Lyoff Nikolaievich left

Yasnaya Polyana.

"What a terrible misunderstanding!" he said. "Each loved the other with

such poignant affection, each was suffering all the time on the other's

behalf, and then this terrible ending!... I see the hand of fate in

this."

Reminiscences of Tolstoy, by His Son · 第 33 / 35 题