CHAPTER III

WILLS IN FICTION AND POETRY

“This brief abridgment of my will I make,

My soul and body to the skies and ground.”

ON WILL-MAKING

An excellent treatise on the foibles of testators and the motives which

prompt devises, legacies and bequests, is to be found in the work of

William Hazlitt, “Table Talk or Original Essays,” under the title, “On

Will-making,” a portion of which is here subjoined. The fame of the

author and the merit of the essay justify its introduction.

“Few things show the human character in a more ridiculous light than the

circumstance of will-making. It is the latest opportunity we have of

exercising the natural perversity of the disposition, and we take care

to make a good use of it. We husband it with jealousy, put it off as

long as we can, and then use every precaution that the world shall be no

gainer by our deaths. This last act of our lives seldom belies the

former tenor of them, for stupidity, caprice, and unmeaning spite. All

that we seem to think of is to manage matters so (in settling accounts

with those who are so unmannerly as to survive us) as to do as little

good and to plague and disappoint as many people as possible.”

* * * * *

“The art of will-making chiefly consists in baffling the importunity of

expectation. I do not so much find fault with this when it is done as a

punishment and oblique satire on servility and selfishness. It is in

that case _Diamond cut Diamond_--a trial of skill between the

legacy-hunter and the legacy-maker, which shall fool the other. The

cringing toad-eater, the officious tale-bearer, is perhaps well paid for

years of obsequious attendance with a bare mention and a mourning-ring;

nor can I think that Gil Blas’ library was not quite as much as the

coxcombry of his pretensions deserved. There are some admirable scenes

in Ben Jonson’s ‘Volpone,’ shewing the humours of a legacy-hunter, and

the different ways of fobbing him off with excuses and assurances of not

being forgotten. Yet it is hardly right after all, to encourage this

kind of pitiful, bare-faced intercourse, without meaning to pay for it;

as the coquette has no right to jilt the lovers she has trifled with.

Flattery and submission are marketable commodities like any other, have

their price, and ought scarcely to be obtained under false pretences. If

we see through and despise the wretched creature that attempts to impose

on our credulity, we can at any time dispense with his services; if we

are soothed by this mockery of respect and friendship, why not pay him

like any other drudge, or as we satisfy the actor who performs a part in

a play by our particular desire? But often these premeditated

disappointments are as unjust as they are cruel, and are marked with

circumstances of indignity, in proportion to the worth of the object.

The suspecting, the taking it for granted that your name is down in the

will, is sufficient provocation to have it struck out; the hinting at an

obligation, the consciousness of it on the part of the testator, will

make him determined to avoid the formal acknowledgment of it, at any

expense. The disinheriting of relations is mostly for venial offences,

not for base actions: we punish out of pique, to revenge some case in

which we have been disappointed of our wills, some act of disobedience

to what had no reasonable ground to go upon; and we are obstinate in

adhering to our resolution, as it was sudden and rash, and doubly bent

on asserting our authority in what we have least right to interfere in.

It is the wound inflicted upon our self-love, not the stain upon the

character of the thoughtless offender, that calls for condign

punishment. Crimes, vices may go unchecked, or unnoticed: but it is the

laughing at our weaknesses, or thwarting our humours, that is never to

be forgotten. It is not the errors of others, but our own

miscalculations, on which we wreak our lasting vengeance. It is

ourselves that we cannot forgive.”

* * * * *

“An old man is twice a child: the dying man becomes the property of his

family. He has no choice left, and his voluntary power is merged in old

saws and prescriptive usages. The property we have derived from our

kindred reverts tacitly to them: and not to let it take its course, is a

sort of violence done to nature as well as custom. The idea of property,

of something in common, does not mix cordially with friendship, but is

inseparable from near relationship. We owe a return in kind, where we

feel no obligation for a favour; and consign our possessions to our next

of kin as mechanically as we lean our heads on the pillow, and go out of

the world in the same state of stupid amazement that we came into it!...

Cetera desunt.”

Human nature is ever the same: William Hazlitt wrote the above lines one

hundred years ago, and yet as we read them, there appears an emphasized

truth in the sentiment contained in a verse from “Mortality,” a

composition by William Knox, which was the favorite poem of Abraham

Lincoln:

“For we are the same our fathers have been,

We see the same sights that our fathers have seen;

We drink the same stream, and view the same sun,

And run the same course our fathers have run.”

It is said of Hazlitt that his domestic life was infelicitous; that he

had a temperament which was erratic and self-tormenting and estranged

him from his friends, even for a time from Charles Lamb. He died on

September 18, 1830, with Lamb at his bedside, and though disappointed

and harassed by anxiety and suffering as he had been, yet his last words

were: “I’ve had a happy life.” How many of us would have said as much!

WILLS OF THE NOVELIST

The _Green Bag_ says:

“Where would the novelist of the period be without the disinheriting

will, the manipulated will, the secreted will, and all kinds of wills in

every style of obliteration and in every stage of destruction? Why, he

would be nearly as bereft of staple stock in trade as if he had lost the

lovelorn maiden, the tender-hearted soldier, or the grand old hall of

our ancestors. Even writers of a higher grade find it convenient to make

use of such machinery to help make the story go.”

OLD NOIRTIER’S WILL

Romancers and writers of fiction have taken much interest in, and

considerable liberty with, wills; for instance, old Noirtier, a

character in the “Count of Monte Cristo,” the great novel by Dumas,

wrote his will. He was paralyzed, and his only means of communication

was by the eye: to shut the eye, meant “yes”: to wink the eye, meant

“no.” His granddaughter had no trouble when the notaries appeared in

convincing them that her grandparent knew exactly what he was doing; so,

in spite of opposition and in the presence of seven witnesses, the will

was executed; and as no signature was required under the French law, the

act was legally accomplished.

DR. JEKYLL’S WILL

Then there was the famous will in “Dr. Jekyll and Mr. Hyde”: the very

worthy lawyer, Mr. Utterson, who was “lean, long, dusty, dreary and,

somehow, lovable,” refused to write this will, wherein Dr. Jekyll left

his possessions to his friend and benefactor, Edward Hyde. Mr. Hyde was

also to be the possessor of this property if Dr. Jekyll should disappear

for a period exceeding three calendar months, the same to be free from

burden or obligation, beyond the payment of a few small sums to members

of the Doctor’s household.

THE WILL OF LORD MONMOUTH

In “Coningsby,” by Disraeli, the reading of Lord Monmouth’s will is a

feature. The document is lengthy, and numerous codicils have been added

from time to time, involving many modifications. The last codicil of

all, however, was the most startling, for under it all former

dispositions were upset.

MR. CASAUBON’S WILL

In George Eliot’s “Middlemarch,” we find the will of Mr. Casaubon. This

gentleman had married a girl, Dorothea Brooke, who was very much younger

than himself. By his will, he very properly gave her all his property.

However, on reflection, and for reasons best known to himself, he added

a codicil and placed the legacy given to his wife, upon the condition

that she did not marry one Ladislaw.

It would further appear that until the reading of this codicil, it had

not occurred to Dorothea that Ladislaw might be a possible lover; but he

became one, and the very suggestion of the testator caused the defeat of

the latter’s wishes.

ANTHONY TROLLOPE’S “ORLEY FARM”

Our author tells us of a forgery of a codicil by the second wife of the

testator: a son by a first wife is cut off, and the farm is left to a

son by the second wife. This codicil is in the handwriting of the

widow, witnessed by an attorney whose daughter received a handsome

legacy, the other witnesses being a clerk and a maidservant. The widow

swears that the codicil was drawn at the attorney’s dictation, in the

husband’s hearing, and that she was present when it was signed by all

the parties. The witnesses gave evidence as to the due execution of the

codicil. The instrument was admitted to probate. It developed, however,

that there was another paper, a dissolution of partnership, signed on

the same day by the same witnesses. The result was, that the charming

widow was found guilty of perjury.

MR. MEESON’S WILL

The following description of this famous will is taken from the _Green

Bag_:

“In ‘Mr. Meeson’s Will,’ Rider Haggard tells of a fiendish publisher and

a lone island and a tattooed will. It is the particular delight of this

issuer of books, though he largely sends forth works of a religious

cast, to crush all the originality out of his authors and turn them into

literary hacks, so that they may become dreary drudges in his vast

establishment, sinking even their names in numbers, and losing every

atom of individuality and every symptom of spirit. He makes a

shamelessly cruel contract with the heroine, who writes novels; and the

hero, his nephew, protests and is driven out of the concern. But he is

driven into love with the reciprocating maker of manuscript. Then the

heroine embarks for distant lands; and it happens, to the great good

fortune of the inventor of the story, that the publisher sails on board

the same vessel. The vessel is wrecked and these two are cast on a

desert island, where they manage to get along after the style of

‘Robinson Crusoe’ with variations. But the publisher, upset in body and

mind by these experiences, dies, pursued by ghastly visions of the

suffering authors he has driven to desperation.

“Yet these very visions make him see the error of his ways, and prompt

him to do justice. It is plain to him that he must set all things right

by making a will in favor of the nephew whom he had disinherited. But

how to carry out the plan on this spot is the question. At last a happy

thought strikes the lady. The will shall be tattoed across her

shoulders, and this is done, though she endures no end of agony, and

faints away when the job is over.

“Of course she is rescued by a passing vessel, rejoins her lover, and

seeks to establish his rights. For this purpose the will must be

probated, and the law requires the original will to be filed in the

office. But the Registrar, touched by ‘Beauty in distress,’ allows a

photograph of the will to be filed. The will is contested by the other

heirs, but after an exciting trial, described at length in the story,

victory perches on the shoulders of the lady.

“This is the real climax of the story, but we are carried on through the

ringing of the marriage bells, to learn that they lived happy ever

after.”

HIS REQUEST DISREGARDED

Horace Walpole writes that a certain testator who was apprehensive that

his will would not be upheld, prefaced that document with these words:

“In the name of God, Amen! I am of sound mind. This is my last will and

testament, and I desire the courts not to trouble themselves to make

another for me.”

His request seems not to have been taken in his favor, for the courts

did make another will for him.

In ancient Greece, it was quite usual to introduce into wills the most

formidable imprecations on those who should attempt to violate the

wishes of the testator; in modern times pecuniary penalties, instead of

curses, are more in favor with distrustful will-makers.

JEROME ON WILLS

Mr. Jerome K. Jerome, after months of study, inspired by a determination

to get to the bottom of Stage law, mentions among the few points on

which he is at all clear, the following:

That if a man dies without leaving a will, then all his property goes to

the nearest villain.

But that if a man dies and leaves a will, then all his property goes to

whoever can get possession of that will.

MUST NOT REMARRY

“Iris,” in one of Pinero’s plays of the same name, is a beautiful young

widow of twenty-one. She finds herself much hampered by the terms of her

husband’s will, which deprives her of its benefits if she remarries.

Such a provision is in law perfectly legal and its use much indulged in

by dying husbands, but whether wisely or justly is a matter of serious

doubt.

“THE THUNDERBOLT”

Pinero’s latest play, “The Thunderbolt,” is a study of the manners and

respectability of the middle-class of England. The play was not received

with favor in London, but has been granted a hearing by the “New

Theatre” of New York, and by competent judges is said to be the

masterpiece of its author.

The play is based on a stolen will: the first act shows a family

gathered around the bier of Edward Mortimore, who had accumulated wealth

in the brewing of beer, which, during his life, was regarded by his

family as rather a disreputable business. There is absent from the

gathering, only one interested person, and that is an illegitimate

daughter, Helen Thornhill, who is an art student in Paris. Helen arrives

and is much surprised that her father has not remembered her, for the

announcement is made that he left no will; and she wishes that “every

ill that’s conceivable” should come upon the heads of those who will

inherit. It quickly develops, however, that the father did leave a will,

in these words:

“I leave everything I die possessed of to Helen Thornhill, spinster,

absolutely, and she is to be my sole executrix.”

A confession discloses the fact that the will has been destroyed by

Phyllis, wife of Thaddeus, a brother of the testator. Helen refuses to

bring disgrace on the family by a prosecution, and a compromise is

effected, by which she receives a substantial portion of the estate.

DICKENS A WILL-MAKER

Dickens was a great will-maker. We know that if Dick Swiveller had been

a steadier youth he would have inherited more than one hundred and fifty

pounds a year from his Aunt Rebecca. The loyal-hearted lover, Mr.

Barkis, made Peggotty his residuary legatee. The litigation in Jarndyce

_v._ Jarndyce arose out of a disputed will. The various wills left by

old Harmon in “Our Mutual Friend” bring about no end of complications,

there being at least three wills in existence at one time, and each one

believed by the person discovering it to be the final will.

Mr. George W. E. Russell says that perhaps Dickens’s best piece of

will-making is given in the case of Mr. Spenlow, who, being a

practitioner in Doctors’ Commons, spoke about his own will with “a

serenity, a tranquillity, a calm sunset air” which quite affected David

Copperfield; and then shattered all poor David’s hopes by dying

intestate.

PERPLEXITIES OF POOR CECILIA

All the perplexities and distresses of poor Cecilia, in Frances Burney’s

“Memoirs of an Heiress,” grew out of a clause in her uncle’s will,

imposing the condition that if she married, her husband should take her

family name of Beverly. Poor Cecilia! What doubts and difficulties beset

her by reason of this unfortunate provision; and too, it gives the

authoress an excellent opportunity to harrow up the reader on account of

these delicate uncertainties and distresses.

OLIVIA’S WILL

It was suggested to Olivia in “Twelfth Night,” that her graces would go

to the grave and no copy be held; she responds:

“O, Sir, I will not be so hard hearted; I will give out divers schedules

of my beauty; It shall be inventoried, and every particle and utensil

labelled to my will; as, item, two lips indifferent red; item, two gray

eyes with lids to them; item, one neck, one chin, and so forth.”

_Portia and Nerissa_

In the “Merchant of Venice” Portia is much concerned over the will of

her father with reference to the caskets:

“_Portia._ But this reasoning is not in the fashion to choose me a

husband.--O me! the word choose! I may neither choose whom I would, nor

refuse whom I dislike; so is the will of a living daughter curbed by the

will of a dead father.--Is it not hard, Nerissa, that I cannot choose

one, nor refuse none?

“_Nerissa._ Your father was ever virtuous, and holy men at their death

have good inspirations; therefore, the lottery, that he hath devised in

these three chests of gold, silver, and lead (whereof who chooses his

meaning, chooses you) will, no doubt, never be chosen by any rightly,

but one whom you shall rightly love. But what warmth is there in your

affection towards any of these princely suitors that are already come?”

WILL OF NICHOLAS GIMCRACK

The will of Nicholas Gimcrack, Esq., is a curious document, and reflects

the mind of the worthy virtuoso, and in it his various follies,

littlenesses and quaint humors are contained in an orderly and distinct

fashion. This will appears in the _Tatler_, Vol. IV, No. 216, and is

here written, minus certain parts which are of no great concern:

“THE WILL OF A VIRTUOSO

“I Nicholas Gimcrack, being in sound Health of Mind, but in great

Weakness of Body, do by this my Last Will and Testament bequeath my

worldly Goods and Chattels in Manner follows:

“Imprimis, To my dear Wife,

One Box of Butterflies,

One Drawer of Shells,

A Female Skeleton,

A dried Cockatrice.

“Item, To my Daughter Elizabeth,

My Receipt for preserving dead Caterpillars,

As also my preparations of Winter May-Dew, and Embrio Pickle.

“Item, To my little Daughter Fanny,

Three Crocodiles’ Eggs.

And upon the Birth of her first Child, if she marries with her

Mother’s Consent,

The Nest of a Humming-Bird.

“Item, To my eldest Brother, as an Acknowledgment for the

Lands he has vested in my Son Charles, I bequeath

My last Year’s Collection of Grasshoppers.

“Item, To his Daughter, Susanna, being his only Child,

I bequeath my English Weeds pasted on Royal Paper,

With my large Folio of Indian Cabbage.

* * * * *

“Having fully provided for my Nephew Isaac, by making over to him some

years since

A Horned Scarabæus,

The Skin of a Rattle-Snake, and

The Mummy of an Egyptian King,

I make no further Provision for him in this my Will.

“My eldest son John having spoken disrespectfully of his little sister,

whom I keep by me in Spirits of Wine, and in many other instances

behaved himself undutifully towards me, I do disinherit, and wholly cut

off from any Part of this my Personal Estate, by giving him a single

Cockle-Shell.

“To my Second Son Charles, I give and bequeath all my Flowers, Plants,

Minerals, Mosses, Shells, Pebbles, Fossils, Beetles, Butterflies,

Caterpillars, Grasshoppers, and Vermin, not above specified: As also all

my Monsters, both wet and dry, making the said Charles whole and sole

Executor of this my Last Will and Testament, he paying or causing to be

paid the aforesaid Legacies within the space of Six Months after my

Decease. And I do hereby revoke all other Wills whatsoever by me

formerly made.”

EUSTACE BUDGELL

Pope was an excellent satirist; he writes:

“Let Budgell charge lone Grub Street on my quill,

And write whate’er he please,--except my will.”

Eustace Budgell was born at St. Thomas near Exeter, England, in 1685,

and died in 1737. He was an essayist and miscellaneous writer, and a

friend and kinsman of Joseph Addison, who was for a time Secretary of

State for Ireland: he accompanied Addison to Ireland as Clerk, and later

became under Secretary of State: he was, however, forced to resign his

post, and returned to England.

Budgell is said to have lost a fortune in the notorious scheme known to

history as the “South Sea Bubble.” He published the _Bee_, a periodical

which brought him into considerable notoriety. He studied law and was

called to the bar, but attained little success. By the will of Dr.

Matthew Tindal, who died in 1733, he was left a legacy of 2000 Guineas:

it was claimed that Budgell himself inserted this legacy in the will,

which was successfully disputed by the heirs to the Tindal Estate: his

prospects and future being ruined, he fell into disgrace and debt, and

determined upon self-destruction. Accordingly, 1737, he took a boat at

Summerset Stairs, after filling his pockets with stones, and drowned

himself in the Thames. On his desk was found a slip of paper on which

were written these words:

“What Cato did and Addison approved cannot be wrong.”

WILL OF A CHILD

In “Little Women,” by Louisa M. Alcott, we find Amy’s will, and it is a

pretty reflection of the sweet and ingenuous spirit of a child. And

humanity would be the happier for it if we could take with us into

maturer years, the open hand and the self-forgetfulness of childhood.

Amy decided to follow the example of her Aunt March in will-making,

though it cost her many a pang to part with her little treasures. Here

is the paper Laurie was asked to read:

“MY LAST WILL AND TESTAMENT

“I, Amy Curtis March, being in my sane mind, do give and bequeethe all

my earthly property--viz. to wit:--namely

“To my father, my best pictures, sketches, maps, and works of art,

including frames. Also my $100, to do what he likes with.

“To my mother, all my clothes, except the blue apron with pockets,--also

my likeness, and my medal, with much love.

“To my dear sister Margaret, I give my turquoise ring (if I get it),

also my green box with the doves on it, also my piece of real lace for

her neck, and my sketch of her as a memorial of her ‘little girl.’

“To Jo I leave my breast-pin, the one mended with sealing wax, also my

bronze inkstand--she lost the cover--and my most precious plaster

rabbit, because I am sorry I burnt up her story.

“To Beth (if she lives after me) I give my dolls and the little bureau,

my fan, my linen collars and my new slippers if she can wear them being

thin when she gets well. And I herewith also leave her my regret that I

ever made fun of old Joanna.

“To my friend and neighbor Theodore Laurence I bequeethe my paper

marshay portfolio, my clay model of a horse though he did say it hadn’t

any neck. Also in return for his great kindness in the hour of

affliction any one of my artistic works he likes, Noter Dame is the

best.

“To our venerable benefactor Mr. Laurence I leave my purple box with a

looking glass in the cover which will be nice for his pens and remind

him of the departed girl who thanks him for his favors to her family,

specially Beth.

“I wish my favorite playmate Kitty Bryant to have the blue silk apron

and my gold-bead ring with a kiss.

“To Hannah I give the bandbox she wanted and all the patchwork I leave

hoping she ‘will remember me, when it you see.’

“And now having disposed of my most valuable property I hope all will be

satisfied and not blame the dead. I forgive every one, and trust we may

all meet when the trump shall sound. Amen.

“To this will and testament I set my hand and seal on this 20th day of

Nov. Anni Domino 1861.

“AMY CURTIS MARCH.

“_Witnesses_: { ESTELLE VALNOR,

{ THEODORE LAURENCE.

“Postscript: I wish all my curls cut off, and given round to my friends.

I forgot it; but I want it done, though it will spoil my looks.”

THE WILL OF DON QUIXOTE

“I feel, good sirs,” said Don Quixote, “that death advances fast upon

me. Let us then be serious, and bring me a confessor, and a notary to

draw up my will, for a man in my state must not trifle with his soul.

Let the notary be sent for, I beseech you, while my friend here, the

priest, is taking my confession.”

The priest, having listened to his dying friend’s confession, came out

of the room and told them that the good Alonzo Quixano was near his end,

and certainly in his right senses; he therefore advised them to go in,

as it was full time that his will should be made. These tidings gave a

terrible stab to the overcharged hearts of the two ladies and his

faithful squire, whose eyes overflowed with weeping, and whose bosoms

had well-nigh burst with a thousand sighs and groans; for, indeed, it

must be owned, as we have somewhere observed, that whether in the

character of Alonzo Quixano the Good, or in the capacity of Don Quixote

de la Mancha, the poor gentleman had always exhibited marks of a

peaceable temper and agreeable demeanor, for which he was beloved, not

only by his own family, but also by all those who had the pleasure of

his acquaintance.

The notary entering the apartment with the rest of the company, wrote

the preamble of the will, in which Don Quixote disposed of his soul in

all the necessary Christian forms; then proceeding to the legacies, he

said:

“Item: Whereas, Sancho Panza, whom, in my madness, I made my squire, has

in his hands a certain sum of money for my use; and, as divers accounts,

disbursements, and pecuniary transactions have passed between us, it is

my will that he shall not be charged or brought to account for the said

money; but, if there be any overplus after he has deducted the payment

of what I owe him, the said overplus, which must be a mere trifle, shall

be his own, and much good may it do him; and as, during my disorder, I

contributed to his being made governor of an island, I would now, while

I enjoy my perfect senses, confer upon him, were it in my power, a whole

kingdom, which he richly deserves for the innocency of his heart and the

fidelity of his service.”

Then turning to the disconsolate squire, “Forgive me, friend,” said he,

“for having been the cause of thy appearing in the eye of the world a

madman like myself, by drawing thee into my erroneous notions concerning

the existence and adventures of knights-errant.”

“Gentlemen,” said Don Quixote, “let us proceed fair and softly. I was

mad, I am now sane; I was Don Quixote de la Mancha; I am now, as

formerly styled, Alonzo Quixano the Good. And may my repentance and

sincerity restore me to the esteem you once had for me. Now let the

notary proceed.

“Item: I bequeath to Antonia Quixano, my niece, here present, all my

estate, real and personal, after the payment of all my debts and

legacies; and the first to be discharged shall be the wages due to my

housekeeper for the time she has been in my service, and twenty ducats

besides for a suit of mourning.

“I appoint for my executors signor the priest and signor bachelor

Sampson Carrasco, here present.

“Item: It is also my will that, if Antonia Quixano, my niece, should be

inclined to marry, it shall be only with a man who, upon the strictest

inquiry, shall be found to know nothing of books of chivalry; and, in

case it appear that he is acquainted with such books, and that my niece,

notwithstanding, will and doth marry him, then shall she forfeit all I

have bequeathed her, which my executors may dispose of in pious uses as

they think proper.

“And, finally, I beseech the said gentlemen, my executors, that if haply

they should come to the knowledge of the author of a certain history

dispersed abroad, entitled, ‘The Second Part of the Achievements of Don

Quixote de la Mancha,’ that they will, in my name, most earnestly

entreat him to forgive me for having been the innocent cause of his

writing such a number of absurdities as that performance contains; for I

quit this life with some scruples of conscience arising from that

consideration.”

The will being thus concluded, he was seized with a fainting-fit, and

stretched himself at full length in the bed, so that all the company

were alarmed and ran to his assistance. During three days which he lived

after the will was signed and sealed, he frequently fainted, and the

whole family was in confusion. Nevertheless, the niece ate her victuals,

the housekeeper drank to the repose of his soul, and even Sancho

cherished his little carcass; for the prospect of succession either

dispels or moderates that affliction which an heir ought to feel at the

death of the testator.

At last Don Quixote expired, after having received all the sacraments,

and in the strongest terms, pathetically enforced, expressed his

abomination against all books of chivalry; and the notary observed, that

in all the books of that kind which he had perused, he had never read of

any knight-errant who died quietly in his bed as a good Christian, like

Don Quixote; who, amidst the tears and lamentations of all present, gave

up the ghost, or, in other words, departed this life. The curate was no

sooner certified of his decease, than he desired the notary to make out

a testimonial, declaring that Alonzo Quixano the Good, commonly called

Don Quixote de la Mancha, had taken his departure from this life, and

died of a natural death; that no other author, different from Cid Hamet

Benengeli, should falsely pretend to raise him from the dead, and write

endless histories of his achievements.

This was the end of that extraordinary gentleman of La Mancha, whose

birthplace Cid Hamet was careful to conceal, that all the towns and

villages of that province might contend for the honor of having produced

him, as did the seven cities of Greece for the glory of giving birth to

Homer. The lamentations of Sancho, the niece and the housekeeper, are

not here given, nor the new epitaphs on the tomb of the deceased knight,

except the following one, composed by Sampson Carrasco:

“A doughty gentleman lies here,

A stranger all his life to fear;

Nor in his death could Death prevail,

In that last hour, to make him quail.

“He for the world but little cared;

And at his feats the world was scared;

A crazy man his life he passed,

But in his senses died at last.”

WILLS IN POETRY OR RHYME

The disposition of one’s worldly possessions by a testamentary document

in poetry or rhyme, appears incongruous, yet there are numerous

documents of this nature: a brief, but striking example of such, by an

attorney named Smithers who resided in London, follows:

“As to all my wordly goods, now or to be in store,

I give them to my beloved wife, and hers forevermore.

I give all freely; I no limit fix;

This is my will, and she’s executrix.”

WILL OF MOTHER HUBBARD’S DOG

“This wonderful dog

Was Dame Hubbard’s delight;

He could dance, he could sing,

He could read, he could write.

“She went to the druggist

To get him a pill;

And when she came back,

He was writing his will.

“So she gave him rich dainties

Whenever he fed;

And put up a monument

When he was dead.”

On Tremont Street, in the busy heart of Boston, is the beautiful little

“burying ground,” called the “Granary”; Paul Revere, John Quincy Adams,

John Hancock, and other distinguished citizens of New England rest here

under trees which have shaded their graves for more than a century.

There is also shown the visitor the grave of “Mother Goose,” the alleged

author of the Mother Goose Rhymes. It may be iconoclastic to shatter a

legend, but the truth is, the Mother Goose Rhymes had been jingling for

a century and more before this good lady was born; it appears that in

ancient times, the goose was a famous story-teller for children, and the

Goose Melodies are an adaptation from the French. The monument in the

“Granary” is erected to Mary Goose, wife of Isaac Goose; it would seem

that her claim to fame rests entirely upon her recitation of the Hubbard

Melodies to such an extent that her son-in-law, Thomas Fleet, who was a

printer, issued a special edition for her.

PIERS PLOWMAN

Piers Plowman, in the fourteenth century, thus made his will:

“And I wish ere I wend, now to write out my will.

In God’s name, amen! lo! I make it myself.

May God have my soul who hath saved and deserved it,

Let the kirk have my carrion and keep well my bones.”

WILL OF PAUL SCARRON

The will of Paul Scarron, which he chose to write in verse, is not a

particularly attractive production. It consists of about two hundred

lines; the following may be taken as a specimen:

“Premièrement je donne et je légue

A ma femme, qui n’est point bégue,

Pouvoir de se remarier,

De crainte d’un plus grand désordre.

Mais pour moi je crois que cet ordre,

De ma dernière volonté

Sera celui le mieux exécuté.”

As is well known, Scarron was a French author and playwright. In 1652 he

married the beautiful Francine d’Aubigne, afterward Madame de Maintenon.

He died on October 6, 1660.

FRANÇOIS VILLON

François Villon is an unique character in history, romance and poetry.

He died about 1484. “The Poems of Master François Villon of Paris done

into English Verse by John Payne,” contain his two chief compositions

entitled, “The Lesser Testament,” and “The Greater Testament”: they are

satires of considerable merit and length, and a verse from the first and

two from the last will suffice to show their character and his style.

From the first:

“Item, my gloves and silken hood

My friend Jacques Cardon, I declare,

Shall have in fair free gift for good;

Also the acorns willows bear

And every day a capon fair

Or goose; likewise a tenfold vat

Of chalk-white wine, besides a pair

Of lawsuits, lest he wax too fat.”

From the last:

“The Register of Wills from me

Shall have no quid nor quod, I trow:

But every penny of his fee

To Tricot, the young priest, shall go;

To whose expense gladly eno’

I’d drink, though it my nightcap cost:

If but he knew the dice to throw,

Of Perette’s Den I’d make him host.”

“EPITAPH

“Here lies and slumbers in this place

One whom Love wreaked his ire upon:

A scholar, poor of goods and grace,

That hight of old François Villon:

Acre or furrow had he none.

’Tis known his all he gave away;

Bread, tables, tressels, all are gone.

Gallants, of him this Roundel say.”

WILL OF SIR THOMAS DENNY

Thomas Denny (son and heir of Sir Edmond Denny of England, one of the

King’s Exchequer), 10th May, 1527, wrote his will in manner following:

“ ... My body to be buried in the parish church of Cheshunt, where I

dwell, and I will that a stone be laid on me, and that a picture of

Death be made in the stone, with scrolls in his hand bearing this

writing thereon:

“As I am so shalle ye be,

Pray for me of yr Charity,

With a Paternoster and an Ave,

For the rest of the soul of Thomas Denny.”

Then follow sundry bequests and legacies.

IN LATIN VERSE

There is on record the following history of a versified will. It is that

of François Joseph Terrasse Desbillons, born at Chäteauneuf, in Berry,

in 1711, who became a Jesuit, and, after the suppression of the order in

France, principal of the College of Mannheim. He was so remarkable for

the elegance and purity with which he wrote in Latin that he obtained

the sobriquet of “The last of the Romans.” Owing, perhaps, to this

facility, he wrote his will in Latin verse. The sight of it in this

singular form somewhat startled his executors; but as all the necessary

formalities had been observed, no difficulty occurred, and it was

carried out in entire conformity with his wishes, without any

interference on the part of the law.

A WILL IN RHYME

Another poetic will, that of John Hedges, late of Finchley, Middlesex,

was proved in an English court on July 5, 1737, and is worthy of a place

among quaint and eccentric wills. It reads as follows:

“This fifth of May,

Being airy and gay,

To trip not inclined,

But of vigorous mind,

And my body in health,

I’ll dispose of my wealth;

And of all I’m to leave

On this side the grave,

To some one or other,

I think to my brother.

“But because I presaw

That my brother-in-law

I did not take care,

Would come in for a share,

Which I noways intended,

Till their manners were mended--

And of that there’s no sign.

“I do therefore enjoin,

And strictly command,

As witness my hand,

That nought I have got

Be brought to hotch-pot.

“And I give and devise,

Much as in me lies,

To the son of my mother,

My own dear brother,

To have and to hold

All my silver and gold,

As the affectionate pledges

Of his brother,

“JOHN HEDGES.”

WILL OF WILLIAM HICKINGTON

William Hickington, who died in the year 1770, wrote his will in rhyme,

as follows:

“This is my last will,

I insist on it still;

To sneer on and welcome,

And e’en laugh your fill.

I, William Hickington,

Poet of Pocklington,

Do give and bequeath,

As free as I breathe,

To thee, Mary Jarum,

The Queen of my Harum,

My cash and my cattle,

With every chattel,

To have and to hold,

Come heat or come cold,

_Sans_ hindrance or strife,

Though thou art not my wife.

As witness my hand,

Just here as I stand,

The twelfth of July,

In the year Seventy.

“WM. HICKINGTON.”

This will was admitted to probate at the Deanery Court in the City of

York, England, 1770.

WILL OF WILL JACKETT

This will was proved at Doctors’ Commons, London, on July 17, 1789, and

runs as follows:

“I give and bequeath,

When I’m laid underneath,

To my two loving sisters most dear,

The whole of my store,

Were it twice as much more,

Which God’s goodness has given me here.

“And that none may prevent

This my will and intent,

Or occasion the least of law-racket,

With a solemn appeal

I confirm, sign, and seal

This the true act and deed of Will Jackett.”

Mr. William Jackett, it appears, was a faithful and trustworthy as well

as a thrifty fellow, for he remained for thirty years in the service of

Messrs. Fuller and Vaughan as manager of their business. He resided in

the parish of St. Mary, Islington.

WILL OF AN IRISH SCHOOLMASTER

The following is the will of Pat O’Kelly, an Irish schoolmaster, who

wrote, on the leaf of a copybook which he had just finished ruling (thus

exemplifying the ruling passion strong in death), the lines here

transcribed:

“I, having neither kith nor kin,

Bequeath all I have named herein

To Harriet my dearest wife,

To have and hold as hers for life.

While in good health, and sound in mind,

This codicil I’ve undersigned.”

RATHER SACRILEGIOUS

The spirit of sacrilege is shown in an old quatrain to be found in the

books:

“In the name of God, Amen:

My featherbed to my wife, Jen;

Also my carpenter’s saw and hammer;

Until she marries; then, God damn her!”

WILL OF WILLIAM RUFFELL, ESQ.

William Ruffell of Shimpling, Suffolk, England, was a gentleman of an

ancient and highly respectable family; he is said to have been a good

specimen of an old-fashioned gentleman farmer. His will, which was

written in 1803, is as follows:

“As this life must soon end, and my frame will decay,

And my soul to some far-distant clime wing its way,

Ere that time arrives, now I free am from cares,

I thus wish to settle my worldly affairs,

A course right and proper men of sense will agree.

I am now strong and hearty, my age forty-three;

I make this my last will, as I think ’tis quite time,

It conveys all I wish, though ’tis written in rhyme.

To employ an attorney I ne’er was inclin’d,

They are pests to society, sharks of mankind.

To avoid that base tribe my own will I now draw,

May I ever escape coming under their paw.

To Ezra Dalton, my nephew, I give all my land,

With the old Gothic cottage that thereon doth stand;

’Tis near Shimpling great road, in which I now dwell,

It looks like a chapel or hermit’s old cell,

With my furniture, plate, and linen likewise,

And securities, money, with what may arise.

’Tis my wish and desire that he should enjoy these,

And pray let him take even my skin, if he please.

To my loving, kind sister I give and bequeath,

For her tender regard, when this world I shall leave,

If she choose to accept it, my rump-bone may take,

And tip it with silver, a whistle to make.

My brother-in-law is a strange-tempered dog;

He’s as fierce as a tiger, in manners a hog;

A petty tyrant at home, his frowns how they dread;

Two ideas at once never entered his head.

So proud and so covetous, moreover so mean,

I dislike to look at him, the fellow is so lean.

He ne’er behaved well, and, though very unwilling,

Yet I feel that I must cut him off with a shilling.

My executors, too, should be men of good fame;

I appoint Edmund Ruffell, of Cockfield, by name

In his old easy chair, with short pipe and snuff,

What matter his whims, he is honest enough;

With Samuel Seely, of Alpheton Lion,

I like his strong beer, and his word can rely on.

When Death’s iron hand gives the last fatal blow,

And my shattered old frame in the dust must lie low,

Without funeral pomp let my remains be conveyed

To Brent Eleigh churchyard, near my father be laid.

This, written with my own hand, there can be no appeal,

I now therefore at once set my hand and my seal,

As being my last will; I to this fully agree,

This eighteenth day of March, eighteen hundred and three.”

TWO ENGLISH WILLS

The following is a copy of the will of the late Mr. Joshua West, of the

Six Clerks’ Office, Chancery Lane, dated December 13, 1804:

“Perhaps I died not worth a groat;

But should I die worth something more,

Then I give that, and my best coat,

And all my manuscripts in store,

To those who shall the goodness have

To cause my poor remains to rest

Within a decent shell and grave.

This is the will of Joshua West.

“JOSHUA WEST.

“Witnessed R. MILLS.

J. A. BERRY.

JOHN BAINES.”

Mr. West died possessed of property, and some valuable manuscripts,

which were conveyed by the above will.

The following will in rhyme was written by William Hunnis, a gentleman

of the chapel under Edward VI., and afterwards Chapel Master to Queen

Elizabeth:

“To God my soule I do bequeathe, because it is his owen,

My body to be layd in grave, where to my friends best knowen;

Executors I will none make, thereby great stryfe may grow,

Because the goods that I shall leave wyll not pay all I owe.”

WILL OF JAMES BIGSBY

The following is a curious testamentary paper of a North Essex laborer,

who resided at Manningtree, England:

“As I feel very queer my will I now make;

Write it down, Joseph Finch, and make no mistake.

I wish to leave all things fair and right, do you see,

And my relatives satisfy. Now, listen to me.

The first in my will is Lydia my wife,

Who to me proved a comfort three years of my life;

The second my poor aged mother I say,

With whom I have quarrelled on many a day,

For which I’ve been sorry, and also am still;

I wish to give her a place in my will.

The third that I mention is my dear little child;

When I think of her, Joseph, I feel almost wild.

Uncle Sam Bigsby, I must think of him too,

Peradventure he will say that I scarcely can do.

And poor Uncle Gregory, I must leave him a part,

If it is nothing else but the back of the cart.

And for you, my executor, I will do what I can,

For acting towards me like an honest young man.

“Now, to my wife I bequeath greater part of my store;

First thing is the bedstead before the front door;

The next is the chair standing by the fireside,

The fender and irons she cleaned with much pride.

I also bequeath to Lydia my wife

A box in the cupboard, a sword, a gun, and knife,

And the harmless old pistol without any lock,

Which no man can fire off, for ’tis minus a cock.

The cups and the saucers I leave her also,

And a book called ‘The History of Poor Little Mo,’

With the kettle, the boiler, and old frying-pan,

A shovel, a mud-scoop, a pail, and a pan.

And remember, I firmly declare my protest

That my poor aged mother shall have my oak chest

And the broken whip under it. Do you hear what I say?

Write all these things down without any delay.

And my dear little child, I must think of her too.

Friend Joseph, I am dying, what shall I do?

I give her my banyan, my cap, and my hose,

My big monkey-jacket, my shirt, and my shoes;

And to Uncle Sam Bigsby, I bequeath my high boots,

The pickaxe and mattock with which I stubbed roots.

And poor Uncle Gregory, with the whole of my heart,

I give for a bedstead the back of the cart.

And to you, my executor, last in my will,

I bequeath a few trifles to pay off your bill.

I give you my shot-belt, my dog, and my nets,

And the rest of my goods sell to pay off my debts.

“JOSEPH FINCH, Executor.

“Dated FEBRUARY 4th, 1839.”

FROM MISSOURI

Under the spell of the Muse, Joseph Johnson Cassiday, a well-known

farmer of Jasper County, Missouri, prepared his will in rhyme; for

several years this document answered the purposes of the testator; just

prior to his death, however, in March, 1910, more serious thoughts seem

to have come over him, and Mr. Cassiday executed a different will, the

last being done in the usual prose form. The will in rhyme is given

below:

“I, Joseph Johnson Cassiday,

Being sound of mind and memory,

Do hereby publish my intent,

This my will and testament,

That all my just debts first be paid,

Expense for burial and funeral made,

And all expenses made of late,

Out of my personal and real estate.

I do bequeath, devise and give,

As long as she, my wife, shall live,

Lot six in the original town of Lever,

To her assigns and heirs forever.

To my adopted daughter Marie,

I do devise and give in fee,

The southeast quarter of section seven

Township nine and range eleven.

To my two sons Josephus and Reach,

I do devise one dollar each.

The residue of my estate,

I do bequeath to Mary Kate,

And I hereby appoint her for,

My last will, executor.

This eighteenth day of May was done,

In the year of our Lord, Nineteen One.”

Ancient, Curious, and Famous Wills · 第 3 / 12 章