CHAPTER V

TESTAMENTARY AND KINDRED MISCELLANY

“Let the world slide, let the world go,

A fig for care, and a fig for woe!

If I can’t pay, why I can owe,

And death makes equal the high and low.”

TESTAMENTARY CAPACITY

The following was copied a short time ago from a legal journal: a

stranger on horseback was passing through a country village; a church

was being moved, and he asked a resident the reason; the latter

answered:

“Well, stranger, I’m mayor of these here diggin’s, an’ I’m fer law

enforcement. We’ve got an ordenance what says no saloon shall be nearer

than three hundred feet to a church. I give ’em jest three days to move

the church.”

I mean no disrespect in linking this decision of the Mayor with that of

the Supreme Court of one of our great Western States.

That Supreme Court recently handed down a decision on testamentary

capacity. It would seem that extreme mental obliquity is not a bar to

will-making: here is the syllabus in the case:

“That where the testator used excessive amounts of a patent kidney

medicine and recommended it to his friends for all kinds of diseases;

manifested a hitherto unknown desire to make political speeches, and was

positive in his utterances that certain candidates should not be

permitted to run for office, and that Bryan was not honest and McKinley

was not fit to be President, and that he could make a better President

than McKinley; got up at night and sang Psalms; took his dogs and went

hunting at night, though he got no game, and had not in former years

been known to hunt; exhibited his stallion and other stock at church

meetings, and failed to recognize acquaintances; carried on disconnected

conversations, had a roaring in his head, used coal oil in his ears, and

poured coal oil on trees and when it killed them said he had no

sense,--neither these eccentricities nor other peculiarities like them

show a want of capacity to make a will.”

This testator was a being of a high order of reasoning as compared with

many such cases to be met with. Old Diogenes said: “Most men are within

a finger’s breadth of being mad; for if a man walk with his middle

finger pointing out, folk will think him mad, but not so if it be his

forefinger.”

Ordinary mortals are very strict in measuring craziness: even a slight

divergence from the normal standard, or their standard of normality,

causes them to adjudge their neighbors crazy: the courts are, however,

much more lenient in their judgments in dealing with matters

testamentary, and seem inclined to the view that all men are sane, only

some are less so: or, as the Kentuckian says of a certain liquid

produced in his State, “It’s all good but some better than others”; in

fact, that weird performances and peculiar actions are indications of

individuality and not of mental incapacity. The Supreme Court of North

Carolina has decided that while a failure to go to church is a moral

delinquency, yet it does not unfit a man to make a will.

The Supreme Court of New York has decided that though one believe in all

the abominations and wanton rites of ancient Greece and Rome, and in

sincerity worship Egypt’s wandering gods, disguised in brutish form, or,

like the Hindoo, stand for a lifetime on one leg to secure salvation, or

be yet a howling dervish, and rave and gash his naked body, thinking he

is doing God service, yet he may be able to transact the affairs of life

or dispose suitably of his property.

Any number of individuals have been accused of inability to make their

last wills on account of an inclination to hunt for hidden treasures.

One such in New York State took with her her nephew, and had him carry a

red rooster under his arm for good luck, and they dug diligently, but

found no gold. She left gold, however, but not so apportioned as to suit

her relatives, and a will contest followed. Another person bandaged his

face with handkerchiefs, to prevent false impressions being made on his

mind: probably he did not succeed, yet his will was sustained. One

gentleman charged his wife with putting tongs in his bed to make him

uneasy. Whether hot or cold tongs, is not stated by the decision of the

Supreme Court of Connecticut; but the Court did decide that such an

offence was more often chargeable to the heart than to the head.

A belief in perpetual motion, and a denial of the revolution of the

earth on its axis, and assertions that “the sun do move,” have not been

sufficient to undermine testamentary capacity, according to the Supreme

Court of Wisconsin.

Frequent efforts have been made to show that marriage late in life was

evidence of insanity, but always unsuccessfully.

The Supreme Court of Connecticut held that it was a perfectly natural

trait for the aged to tell favorite stories and to embellish them a

little more or less, as fancy prompted.

A woman’s fondness for gossip, and the constant changing of her mind in

regard to the arrangement of the house she was building and the color of

paints used for it, were insufficient reasons for setting aside her

will: on the contrary, the Court intimated that it was perfectly natural

that she should change her mind and that the workmen should be scolded.

Certain it is, that one feature of this decision has long been sustained

by custom.

The same Court, the Supreme Court of Michigan, decided that a

disposition on the part of an individual to give his services to the

United States Government in the management of its financial affairs, did

not necessarily show insanity, and added that if it did, most of us

would not escape.

So, after contemplating some of these peculiar and generally

uncomfortable departures from the straight line of human conduct, one

feels that Dryden spoke by the card when he said, “There is a pleasure

sure in being mad which none but madmen know.”

PRACTICAL SUGGESTIONS FOR WRITING WILLS

Mr. John Marshall Gest, a prominent member of the Philadelphia Bar,

delivered an address to the students of the Law School of the University

of Pennsylvania, October 17th, 1907, on “Practical Suggestions for

Writing Wills.” It is by far the most entertaining and erudite

composition the author has ever read on the subject. It can be found in

the American Law Register for November, 1907, Volume 55, No. 8. Mr. Gest

opens his address in the following words:

“Every man who knows how to write thinks he knows how to write a will,

and long may this happy hallucination possess the minds of our lay

brethren, for surely St. Ives, the Patron Saint of lawyers, extends to

none a heartier welcome in the life beyond than to the Jolly Testator

who makes his own Will.”

Too little is recorded of this Patron Saint of the legal profession. The

author offers the following information concerning him:

Over in France, on its western shore, is a peninsula, the province of

Bretagne, or Brittany, and on its rock-bound coast the waves of the

Atlantic forever beat; it derives its name from the fact that during

early history, the inhabitants of Great Britain, in times of local

strife, left their native country, and went to Brittany to reside. This

province is one of the most interesting portions of Europe, being rich

in history and Celtic ruins, and its landscapes are said to be

surprisingly beautiful; its people still retain their ancient language

and customs.

In the year 1253, there was born in Brittany, of a noble family, one

Yves-Helori, who is recognized the world over as the Patron Saint of

lawyers; he espoused the cause of the orphan, the widow, and the poor;

he was greatly honored by his countrymen, and was canonized by Clement

VI at Avignon; many monuments have been erected and hymns written to

perpetuate his virtues and his memory; he died at the age of fifty

years, and on a tablet in one of the churches of Brittany are these

words in Latin:

“St. Ives was of Brittany;

He was a lawyer, and not a robber,

At which the people wondered.”

Following the opening words of his address, Mr. Gest says: “But with

deference to amateur lawyers, it is by no means easy to draw a proper

will. Lord Coke said, in Butler and Baker’s case, one which had been

argued twenty-one times, “I find great doubts and controversies daily

arise on devises made by last wills, in respect of obscure and

insensible words and repugnant sentences, the will being made in haste,

and some pretend that the testator in respect of extreme pain was not

_compos mentis_ and divers other scruples and questions are moved upon

wills. But if you please to devise your lands by will, make it by good

advice in your perfect memory and inform your Counsel truly of the

estates and tenures of your land, and by God’s Grace the resolution of

the Judges in this case will be a good direction to learned counsel to

make your will according to law and thereby prevent questions and

controversies.”

“For some three centuries,” adds Mr. Gest, “this sound advice has been

open to him who would read it, and yet testators have such a reluctance

to pay a fee to a lawyer, that they will draw their wills themselves,

sometimes with the assistance of Dunlap, or have them, as Lord Coke says

in the preface to the second Volume of his Reports, ‘Intricately,

absurdly and repugnantly set down by parsons, scriveners and such other

imperites.’”

Sir Edward Coke died in 1634; as is well known, he was one of the Chief

Justices of England. His ardent support of liberal measures in

Parliament, especially the right of Freedom of Debate, brought him into

trouble, and he suffered nine months’ imprisonment in the Tower of

London. He had great popularity, and his utterances and courage did much

to contribute to the final result in the struggle between the Crown and

Commons. His books are still regarded as authoritative treatises on

English Law.

A LAST WILL

The following prose poem was written by Mr. Williston Fish, a prominent

lawyer of Chicago, Illinois: Mr. Fish still resides in Chicago. The will

is a sentimental and purely fanciful creation: it first appeared in

“Harper’s Weekly” in 1898, and is reproduced here by permission of

Messrs. Harper and Brothers. The will has become one of the classics of

American literature, and has been published and republished by

newspapers and magazines throughout the English-speaking world. The

original from the pen of Mr. Fish varies slightly from the copy here

given, this production having been embellished somewhat by various

editors. It has sometimes been designated as the “Insane Man’s Will,”

and Mr. Fish has been deluged with inquiries on the subject: the history

given above, however, is based on personal investigation made by the

author.

* * * * *

“He was stronger and cleverer, no doubt, than other men, and in many

broad lines of business he had grown rich, until his wealth exceeded

exaggeration. One morning, in his office, he directed a request to his

confidential lawyer to come to him in the afternoon. He intended to have

his will drawn. A will is a solemn matter, even with men whose lives are

given up to business, and who are by habit mindful of the future. After

giving this direction he took up no other matter, but sat at his desk

alone and in silence.

“It was a day when summer was first new. The pale leaves upon the trees

were starting forth upon the still unbending branches. The grass in the

parks had a freshness in its green like the freshness of the blue in the

sky and of the yellow of the sun--a freshness to make one wish that life

might renew its youth. The clear breezes from the south wantoned about,

and then were still, as if loath to go finally away. Half idly, half

thoughtfully, the rich man wrote upon the white paper before him,

beginning what he wrote with capital letters, such as he had not made

since, as a boy in school, he had taken pride in his skill with the pen:

“I, Charles Lounsbury, being of sound mind and disposing memory, do

hereby make and publish this my last will and testament, in order as

justly as may be to distribute my interest in the world among succeeding

men.

“That part of my interest which is known in law and recognized in the

sheep-bound volumes as my property, being inconsiderable and of no

account, I make no disposal of in this my will.

“My right to live, being but a life estate, is not at my disposal, but

these things excepted all else in the world I now proceed to devise and

bequeath:

“Item: I give to good fathers and mothers, in trust for their children,

all good little words of praise and encouragement, and all quaint pet

names and endearments, and I charge said parents to use them justly and

generously, as the needs of their children may require.

“Item: I leave to children inclusively, but only for the term of their

childhood, all and every, the flowers of the fields and the blossoms of

the woods, with the right to play among them freely, according to the

customs of children, warning them at the same time against thistles and

thorns. And I devise to children the banks of the brooks, and the golden

sands beneath the waters thereof, and the odors of the willows that dip

therein, and the white clouds that float high over the giant trees. And

I leave the children the long, long days to be merry in, in a thousand

ways, and the night and the moon and the train of the Milky Way to

wonder at, but subject nevertheless to the rights hereinafter given to

lovers.

“Item: I devise to boys jointly all the useful idle fields and commons

where ball may be played; all pleasant waters where one may swim; all

snow-clad hills where one may coast and all streams and ponds where one

may fish, or where, when grim Winter comes, one may skate; to have and

to hold the same for the period of their boyhood. And all meadows with

the clover blossoms and butterflies thereof, the woods and their

appurtenances, the squirrels and birds, and echoes and strange noises,

and all distant places which may be visited, together with the

adventures there found, and I give to said boys each his own place at

the fireside at night, with all pictures that may be seen in the burning

wood, to enjoy without let or hindrance, and without any incumbrance of

care.

“Item: I give and bequeath to girls all beauty and gentleness; and to

them I give the crown of purity and innocence which is theirs by right

of birth and sex; and also in due season the abiding love of brave and

generous husbands, and the divine trust of motherhood.

“Item: To young men jointly I devise and bequeath all boisterous,

inspiring sports of rivalry, and I give to them the disdain of weakness

and undaunted confidence in their own strength, though they are rude. I

give them the power to make lasting friendships and of possessing

companions, and to them exclusively I give all merry songs and brave

choruses, to sing with lusty voices.

“Item: To lovers, I devise their imaginary world, with whatever they may

need, as the stars of the sky, the red roses by the wall, the bloom of

the hawthorn, the sweet strains of music, and aught else by which they

may desire to figure to each other the lastingness and beauty of their

love.

“Item: And to those who are no longer children or youths or lovers, I

leave memory, and I bequeath to them the volumes of the poems of Burns

and Shakespeare and of other poets, if there be others, to the end that

they may live over the old days again, freely and fully, without tithe

or diminution.

“Item: To our loved ones with snowy crowns I bequeath the happiness of

old age, the love and gratitude of their children, until they fall

asleep.”

THE LAWYER’S BEST FRIEND

A hundred years ago, English lawyers, when dining together, used to

drink to the health of “The Schoolmaster,” for schoolmasters then often

drew up wills for people, and by their ignorance of legal technicalities

gave the gentlemen of the long robe much remunerative business. “To the

lawyers’ best friend--the man who makes his own will,” was also a

regular toast at dinners of the Bar.

The following poem is inscribed to the legal profession:

THE JOLLY TESTATOR WHO MAKES HIS OWN WILL

“Ye lawyers who live upon litigants’ fees,

And who need a good many to live at your ease;

Grave or gay, wise or witty, whate’er your degree,

Plain stuff or State’s Counsel, take counsel of me:--

When a festive occasion your spirit unbends,

You should never forget the profession’s best friends:

So we’ll send round the wine, and a light bumper fill

To the jolly testator who makes his own will.

“He premises his wish and his purpose to save

All dispute among friends when he’s laid in his grave;

Then he straightway proceeds more disputes to create

Than a long summer’s day would give time to relate.

He writes and erases, he blunders and blots,

He produces such puzzles and Gordian knots,

That a lawyer intending to frame the thing ill,

Couldn’t match the testator who makes his own will.

“Testators are good, but a feeling more tender

Springs up when I think of the feminine gender!

The testatrix for me, who, like Telemaque’s mother,

Unweaves at one time what she wove at another.

She bequeathes, she repeats, she recalls a donation,

And ends by revoking her own revocation;

Still scribbling or scratching some new codicil,

Oh! success to the woman who makes her own will.

“‘Tisn’t easy to say, ’mid her varying vapors,

What scraps should be deemed testamentary papers.

’Tisn’t easy from these her intention to find,

When perhaps she herself never knew her own mind.

Every step that we take, there arises fresh trouble:--

Is the legacy lapsed? Is it single or double?

No customer brings so much grist to the mill,

As the wealthy old woman who makes her own will.

“The law decides questions of meum and tuum,

By kindly consenting to make the thing suum,

The Æsopian fable instructively tells,

What becomes of the oysters, and who gets the shells.

The legatees starve, but the lawyers are fed;

The Seniors have riches, the Juniors have bread;

The available surplus of course will be nil,

From the worthy testator who makes his own will.

“You had better pay toll when you take to the road,

Than attempt by a by-way to reach your abode;

You had better employ a conveyancer’s hand,

Than encounter the risk that your will shouldn’t stand.

From the broad beaten track when the traveler strays,

He may land in a bog, or be lost in a maze;

And the law, when defied, will avenge itself still,

On the man and the woman who make their own will.”

INGERSOLL ON DECORATION DAY

Robert G. Ingersoll died at Dobbs Ferry, New York, July 21, 1899. He

left no will. A number of his great speeches were funeral orations. The

following extract from an address made on Decoration Day to the Soldiers

at Indianapolis, Indiana, is regarded as the most touching example of

imagery and vision to be found in English literature:

“The past rises before me like a dream. Again we are in the great

struggle for national life. We hear the sound of preparation--the music

of the boisterous drums, the silver voices of heroic bugles. We see

thousands of assemblages, and hear the appeals of orators; we see the

pale cheeks of women and the flushed faces of men; and in those

assemblages we see all the dead whose dust we have covered with flowers.

We lose sight of them no more. We are with them when they enlist in the

great army of freedom. We see them part from those they love. Some are

walking for the last time in quiet woody places with the maidens they

adore. We hear the whisperings and the sweet vows of eternal love as

they lingeringly part forever. Others are bending over cradles, kissing

babies that are asleep. Some are receiving the blessings of old men.

Some are parting who hold them and press them to their hearts again and

again, and say nothing; and some are talking with wives, and endeavoring

with brave words spoken in the old tones to drive from their hearts the

awful fear. We see them part. We see the wife standing in the door, with

the babe in her arms--standing in the sunlight sobbing; at the turn of

the road a hand waves--she answers by holding high in her loving hands

the child. He is gone--and forever.”

ELEGY ON A WIFE

A tender and touching tribute to a deceased wife by Mr. Mitchell

Kennerley, of New York, is contained in “Thysia, an Elegy”; this

beautiful little volume was issued about a year ago, and is one of the

profoundest utterances of grief appearing in print in recent years.

The lines below are taken from the poem “Alone,” which is typical of the

contents of the volume:

ALONE

“The bier, the bell, the grave, silence, and night;

And you are laid in that cold ground, and gone.

I hardly missed my love till now;--O light

Of my worn, weary life, dark, dark, alone,

Blindly I feel your empty pillowed place;

O sacred head, luxuriant hair, and arm

Through the dim hours linked in some dear embrace,

Lips pressed to mine, and bosom beating warm,

Breath, than the evening breath of heaven more sweet,

Words faltering, passion-mixed, or sighed with prayer,

Shy, soft caresses of the hand, to greet

Or tell some passing need, or gentle care--

O love, all these have been; ah, woe is me,

For you are gone, and these no more shall be.

A MEMORY

“I think the gentle soul of him

Goes softly in some garden place,

With the old smile time may not dim

Upon his face.

“He was a lover of the spring,

With love that never quite forgets,

Surely sees roses blooming

And violets.

“Now that his day of toil is through,

I love to think he sits at ease,

With some old volume that he knows

Upon his knees.

“Watching, perhaps, with quiet eyes

The white clouds’ drifting argosy;

Or twilight opening flower-wise

On land and sea.

“He who so loved companionship

I may not think walks quite alone,

Failing some friendly hand to slip

Within his own.

“Those whom he loved aforetime, still,

I doubt not, bear him company;

I think that laughter yet may thrill

Where he may be.

“A thought, a fancy--who may tell?

Yet I who ever pray it so

Feel through my tears that all is well

And this I know.

“That God is gentle to His guest,

And, therefore, may I gladly say,

Feel through my tears ’tis for the best,

On this sad day.”

WILL OF MARGARET HAUGHERY

The first monument erected to a woman in this country was that to the

memory of Margaret Haughery.

The monument stands in Margaret Place, not far from Canal Street in the

City of New Orleans. The figure is that of a woman sitting in a rustic

chair, dressed in a plain skirt and loose sack, with a simple shawl

thrown over her shoulders, her arm encircling a child.

Prior to her death and by her last will she gave to charitable

institutions of the city of New Orleans about six hundred thousand

dollars. She died in 1882.

Her parents were Irish immigrants, who died of yellow fever. When quite

young she married an Irishman of her own rank, who also died shortly

after the marriage, and a year thereafter she lost her only child. The

childless widow became a laundress in the St. Charles Hotel, and

afterward entered into the bakery business, in which she was eminently

successful. Her whole life was devoted to charities, Catholic,

Protestant, and Hebrew alike. She never learned to read or write, and

could not distinguish one figure from another. Her will is signed with a

mark.

The fund for the monument was obtained by popular subscription.

Her funeral sermon was preached by the Archbishop; the business of the

city was stopped, and a thousand orphans representing every asylum

occupied seats of honor.

WILL OF JOHN ERICSSON

John Ericsson built the _Monitor_ and other engines of destruction, but

the rattle of drays, the crowing of cocks, and the barking of dogs were

too much for his nerves. There is in existence a receipt for five

dollars paid to one Charles Herbert for the removal of a dog and the

agreement not to keep one on his premises for a period of one year. And

it is also a part of history that he bought up his neighbors’ chickens

to secure the privilege of wringing their necks.

Ericsson died March 8, 1889. His will is dated the 15th day of May,

1878.

On November 7, 1884, he wrote to a friend in Sweden as follows:

“They imagine in Sweden that I now possess a large fortune, not

considering what it has cost me to be useful to my fellow-men. They do

not know that for twenty years, during which time I have spent a million

crowns, I have not worked for money.”

His fortune at the time of his death amounted to about one hundred

thousand dollars, and his claims against the United States Government

were required to make good the bequests in his will. These were

distributed among his office assistants, female dependents, certain

friends, Von Rosen, Adlersparre, the widow of his son Hjalmar, and his

nephews and nieces.

The instrument is of considerable length, and he describes himself as

John Ericsson, Civil Engineer, of the city of New York. In a codicil to

his will, he mentions his share of the profits and emoluments that might

arise from the manufacture and sale of his patents that might thereafter

be granted by the United States for improvements in engines. These

engines are described as two motive engines, designated as a solar

engine and a sun motor.

“Men of genius,” said Dean Stanley over the grave of Charles Dickens,

“are different from what we suppose them to be. They have greater

pleasures and greater pains, greater affections and greater temptations

than the generality of mankind, and they can never be altogether

understood by their fellowmen.” “Genius implies always a certain

fanaticism of temperament,” says James Russell Lowell. Mr. William

Conant Church, in his life of Ericsson, concludes his work with these

words: “Let us, in spite of his own doubts, accept the cheerful faith of

his friend Adlersparre, that assigns to him a kindlier sphere beyond,

where just appreciation and intelligent sympathy may stimulate him to

still higher efforts. So ends the story of John Ericsson, the son of

Olaf, the son of Nils, the son of Eric, the son of Magnus Stadig, the

miner.”

The _Baltimore_, an American warship, under command of Captain Schley,

conveyed the remains of Ericsson to Sweden, flying on her foremast a

white, square flag with five blue crosses, indicating that she was on

King’s business and must not be halted or interfered with on her

journey.

HENRY SWINBURNE

Henry Swinburne was an ecclesiastical lawyer, born at York, England, in

1560, and died in 1623. He was educated at Oxford. He wrote “A briefe

Treatise of Testaments and last Willes,” which was first published in

London in 1590 and passed through many editions, the last one appearing

in three volumes in 1803. The book is a rare one at this time, being one

of the earliest written on the subject of wills. It was formerly much

consulted and greatly valued.

Swinburne was an entertaining writer; he mentions the case of a monk,

who came to a dying gentleman to make his will. The monk asked the

gentleman if he would give such a manor and lordship to his monastery;

the gentleman answered yea: then if he would give such and such estates

to such and such pious uses. The gentleman answered yea, again. The heir

at law, observing the covetousness of the monk and that the estate would

be taken from him, asked the testator if the monk was not a very knave,

and he again answered yea: and this last answer having been reported to

the Court, the instrument was adjudged no will.

A FRIEND OF CHARLES DICKENS

By his will, dated May 8th, 1868, Mr. H. F. Chorley, an English critic

and author who died in 1872, bequeathed to his friend, Charles Dickens,

of Gad’s Hill place, £50 for a ring as a token from one greatly helped

by him. An annuity of £200 he gave to Mary, the eldest daughter of

Dickens.

A PLACE FOR EVERYTHING

Mr. Justice Dean once remarked in a will case before him: “In what

particular or inappropriate place an elderly lady, or, for that matter,

a young one, will put articles or writings of value, is hard to even

guess.”

POVERTY AND RICHES

Of the poor man, it has been written: “He may make his will upon his

nail for anything he has to give.”

* * * * *

Bulwer says, “A will is wealth’s last caprice.”

THE LEGALITY OF A MASS

In England, masses are held to be superstitious and unlawful: in the

United States, opinions are divided: in most of the States of the Union,

bequests for the purposes of masses are valid; in others, however, they

are looked upon as an attempt to create a private trust for the benefit

of the deceased, without any one to enforce it, and consequently

invalid. It may be said that the decisions holding the latter view are

not very numerous.

RELIGIOUS BEQUESTS FORBIDDEN

The State of Mississippi has a statute which absolutely forbids

bequests, legacies and devises to religious and ecclesiastical bodies;

it reads:

“Every legacy, gift, or bequest, of money or personal property, or of

any interest, benefit or use therein, either direct, implied, or

otherwise, contained in any last will and testament, or codicil, in

favor of any religious or ecclesiastical corporation, sole or aggregate,

or any religious or ecclesiastical society, or to any religious

denomination or association, either for its own use or benefit, or for

the purpose of being given or appropriated to charitable uses, shall be

null and void, and the distributees shall take the property as though no

such testamentary disposition had been made.”

Under the laws of the State of Ohio, testamentary gifts for benevolent,

religious, educational or charitable purposes, as against issue, are

void, unless the will be executed at least one year before the decease

of the testator.

In the District of Columbia, and in the states of Georgia, Idaho,

Maryland, Montana, Nevada, New Hampshire, New Mexico, New York,

Pennsylvania and Washington, are also to be found laws restricting gifts

for religious or charitable purposes.

IN THE POCKET OF AN OLD DRESS

Some five years ago, a young girl about seventeen years old came to a

lawyer in a Western city and asked him if he had drawn her grandmother’s

will. She was a kittenish little person, such as one would think lived

on cakes and chocolate. When told it had been drawn, she notified the

lawyer that her grandmother had just died of apoplexy. He then informed

her that her grandmother had called a few days before and taken the will

with the avowed intention of cutting her off. The girl left, and the

next day was back at the law office with the will, holding it tightly

with both hands. She had found it in the pocket of an old dress; it had

not been changed, and the young woman receives the revenue on $100,000

during her life. She has since married three times, yet retains much

life and romance in her composition. Each yule-tide she sends the lawyer

a book; the last one was “Fanchon the Cricket,” which treats of how to

rear twins. May she grow old gracefully, bless her!

FROM FATHER TO SON

The late William E. Dodge, of New York, received by will from his

grandfather a large sum to be invested and the income to be devoted to

the spread of the Gospel and to promote the Redeemer’s Kingdom on earth,

and to be transmitted, unimpaired, to his descendants for the same

purpose. By his will, Mr. Dodge bequeathed the sum to his eldest son to

be by him invested and the income to be sacredly devoted, as indicated

in the grandfather’s will, and to be handed down to his descendants for

a like purpose. With regard to charitable bequests, Mr. Dodge in his

will said: “Acting from a judgment deliberately formed, based upon

observation of the inexpediency of testamentary bequests to religious

and charitable objects, and believing it better and wiser to give

liberally during life to such objects, I make no bequests of that

character.”

SPOKE FROM EXPERIENCE

The late Rufus Hatch, of New York, in his will gave this advice to his

children: “I do not wish my boys to go to college, but to receive a

commercial education. Should any of them, however, wish to become

lawyer, doctor or clergyman, then he may go to college. I most strongly

warn my children not to use tobacco in any shape, or form: nor to touch,

taste or use wine or liquor in any way. I earnestly desire that my

children shall not gamble in any way for money, as _their father has had

experience sufficient to serve for all posterity_.”

WILL OF EUGENE KELLEY

In the will of the late Eugene Kelley, of New York, is found this

beautiful sentiment: “I desire to record in this solemn instrument, the

expression of my respect and esteem of my friend, J. D., and the honor

in which for many years past I have held him. During our long

association, his upright and manly character has ever been the same, and

has so endeared him to me, that I could not rest satisfied to part from

him without giving utterance to this testimony. His ample fortune would

make it idle for me to attest my feeling toward him by a legacy, but I

trust he will receive from my wife some personal article of mine which

will remain to him a reminder of his friend’s affection.” With reference

to charitable bequests, he adds, “I make this expression of preference

in favor of Catholic and Hebrew institutions, solely because other

denominations are wealthier and better able to care for their poor.”

SAMUEL J. RANDALL DIED POOR

The late Samuel J. Randall, an American political leader, left an estate

valued at $789.74, which was not enough to pay the bills of the

physicians who attended him in his last illness. Of this amount, $589.74

was due by the government for salary, leaving the total value of his

property $200 at the time of his death. This is a remarkable showing for

a man who spent thirty years of his life in the most responsible

positions in the service of his country.

WILL OF JAMES SMITHSON

The Smithsonian Institution in Washington was founded by James Smithson,

an Englishman born in France. He was never in the United States, yet he

left his fortune of half a million dollars to found at Washington, under

the name of the Smithsonian Institution, “an establishment for the

increase and diffusion of knowledge among men,” provided a certain

nephew died without issue, legitimate or illegitimate. The disposition

of the fund was for ten years debated in Congress, but finally the trust

was accepted, and a board of regents was appointed. Our Weather Bureau

is one of the creations of the Institution.

SAILORS’ SNUG HARBOR

Robert Richard Randall, of New York, was the founder of the “Sailors’

Snug Harbor” for the purpose of maintaining and supporting aged,

decrepit and worn-out sailors. The will was attacked by the heirs, but

was held valid by the United States Supreme Court.

WHERE TO INVEST

Collis P. Huntington, of New York, directed his executors to invest

funds in bonds of the United States, or in bonds, stocks or securities

of any state north of the Potomac and Ohio rivers, and east of the

Mississippi.

A BIG UNDERTAKING

Amos R. Eno, late of Connecticut, made a bequest to the Chamber of

Commerce, of New York, to provide for, and assist, such of its members

as might be reduced to poverty, and their widows and children.

THE TERM “MISS NANCY”

The term “Miss Nancy” is applied to a man who is over-fastidious in his

dress, or who has effeminate manners. The expression dates back to 1730.

There was a celebrated actress known as Mrs. Anna Oldfield, and she was

buried in Westminster Abbey: she was familiarly known as “Miss Nancy,”

and was noted for her extreme vanity and particularity in dress. Not

only did she devote much thought to this during her life, but she was

careful to provide for her proper attire after death, and, according to

her instructions, she lay in state attired in elegant garments and the

rarest of laces. She has had many eulogists; one poet says:

“Engaging Oldfield, who, with grace and ease,

Could join the arts to ruin and to please.”

And the poet, Pope, also credits her with saying to her maid:

“One would not sure be frightful when one’s dead,

And,--Betty,--give this cheek a little red.”

She died in 1730 in London, and left the royalty and half the town in

tears.

A PEW FOR A SEALSKIN SACK

A certain lady, dying in New York, was entitled to the use for several

years to come of a pew in Grace Church, New York; she bequeathed its use

to a female relative living in Johnstown, Pennsylvania; the donee, being

unable to use the pew, transferred the right to one who could use it,

and received in return a sealskin sack which is reported to have been of

great length and beauty, thus showing like John Gilpin’s wife that,

though on comfort bent, “she had a frugal mind.”

FOUND IN A NOTE-BOOK

Not known until recently to be in existence, because it was written

faintly in pencil in an old pocket memorandum book, the will of Dr. John

D. Potter, of Pittsburgh, who died July 22, 1906, was recently filed for

probate by his brother, Robert J. Potter.

The will disposes of $5000 personal property and real estate of

unestimated value situated in Pittsburgh and East Deer township.

It reads:

“John D. Potter will, dated January 22, 1903. I bequeath to my mother

all my property, both real and personal. I hereby appoint my brother, R.

J. Potter, executor of my estate without bond. John D. Potter, M.D.”

WORKING WITH A WILL

“All lawyers like to take a rest,

Like most of us, and still

The average lawyer’s happiest

When working with a will.”

A CERTAIN PASTOR AND ELDER DEBARRED

There has just been filed at Pottsville, Pennsylvania, the oddest

instrument ever recorded in that city: the document conveys land for the

erection of a new church, but stipulates that when the church is

erected, a certain pastor shall be forever debarred from holding an

office or preaching a sermon in the building, and that a specified elder

shall also be precluded from holding an office.

ACCURACY IN WRITING

Few realize the value of accuracy in testamentary and other writings.

The other day there appeared a decision by the Supreme Court of

Missouri, upsetting a sale, where the judges gravely decided that “Mike”

did not mean “Michael”; and one of the arguments in reaching this result

was, that to have called Michael Angelo, “Mike” Angelo, would have been

a sacrilege to the memory of the great painter.

A WILL OF THE FUTURE

If the late prevailing high prices for meat continue, _Puck_ of New York

suggests the following will:

“In the name of God, Amen! I, John Doe, in the City of Jersey, County

of Hudson, State of New Jersey, being of sound mind and memory, do

hereby make, publish, and declare this my Last Will and Testament in

manner following, that is to say:

“FIRST, _I bequeath to my eldest son_, JOHN, _two juicy porterhouse

steaks now in the custody of the Arctic Storage Company_;

“SECOND, _I leave to my son_, WILFRED, _a leg of spring lamb now stored

with the Freezem Warehouse_;

“THIRD, _I leave to my daughter six pounds of veal chops locked in the

refrigerator in the cellar beneath my residence, the combination for the

lock of which is held by the Columbia Trust Company. It is also my

desire that the executors have these chops frenched before turning same

over to the legatee_;

“FOURTH, _I leave to my mother-in-law one haslet, which will be

delivered to her upon application at either the Morris or Swift beef

houses_.

“LASTLY, _I hereby nominate_ RICHARD ROE, _the wholesale butcher_,

MORRIS MOE, _the beef-trust magnate, and_ PAUL POE, _meat manipulator,

to be executors of this my last will and testament, hereby revoking all

former wills by me made_.

“In Witness Whereof, I have hereunto set my hand and seal, the eighth

day of May in the year of our Lord, Nineteen Hundred and Ten.

“_F. P. Pitzer._”

[Seal]

DOING HIS DUTY

The farmer marched into the little grocer’s shop with a firm step. “I

want that tub of butter,” he said, “and that lot of sugar, and all that

other stuff.”

“Good gracious!” said the widow who kept the shop. “Whatever do you want

with all them goods?”

“I dunno,” said the farmer, scratching his head; “but, you see, I’m the

executor of your husband’s will, and the lawyers told me I was to carry

out the provisions.”

MAJOR ANDRÉ’S REQUEST OF WASHINGTON

“Tappan, the 1st October, 1780.

“Sir.

“Buoy’d above the Terror of Death by the Consciousness of a Life devoted

to honorable pursuits and stained with no Action that can give me

Remorse, I trust the request I make to your Excellency at this serious

period and which is to soften my last moments will not be rejected.

“Sympathy towards a Soldier will surely induce Your Excellency and a

military Tribunal to adapt the mode of my death to the feelings of a Man

of honour.

“Let me hope Sir, that if aught in my character impresses you with

Esteem towards me, if aught in my misfortunes marks me as the victim of

policy and not of resentment, I shall experience the operation of these

Feelings in your Breast by being informed that I am not to die on a

Gibbet.

“I have the honour to be

“Your Excellency’s

“Most obedient and

“most humble Servant

“JOHN ANDRÉ

“Ad. Gen. to the Brit: :Army.

“His Excellency

“General Washington

“&ca. &ca. &ca.”

PRESIDENT MCKINLEY’S LAST PRAYER

The last words of great men seem always to possess a peculiar value in

the minds of the people; the following is a touching example:

In the afternoon of his last day on earth the President began to realize

that his life was slipping away, and that the efforts of science could

not save him. He asked Dr. Rixey to bring the surgeons in. One by one

the surgeons entered and approached the bedside. When they gathered

about him, the President opened his eyes and said:

“It is useless, gentlemen; I think we ought to have prayer.”

The dying man crossed his hands on his breast and half closed his eyes.

There was a beautiful smile on his countenance. The surgeons bowed their

heads. Tears streamed from the eyes of the white-clad nurses on either

side of the bed. The yellow radiance of the sun shone softly in the

room.

“Our Father which art in Heaven,” said the President in a clear, steady

voice.

The lips of the surgeons moved.

“Hallowed be Thy name. Thy kingdom come. Thy will be done--”

The sobbing of a nurse disturbed the still air. The President opened his

eyes and closed them again.

“Thy will be done in earth as it is in Heaven.”

A long sigh. The sands of life were running swiftly. The sunlight died

out; the raindrops dashed against the windows.

“Give us this day our daily bread; and forgive us our debts as we

forgive our debtors: and lead us not into temptation, but deliver us

from evil.”

Another silence. The surgeons looked at the dying face and the friendly

lips.

“For Thine is the kingdom, the power and the glory, forever, Amen.”

“Amen,” whispered the surgeons.

LAST WORDS OF COUNT LEO TOLSTOI

It was disclosed to the observant eye of Washington Irving that when the

noble elk finds himself mortally wounded, he leaves his companions, and

turning aside, seeks some out-of-the-way place to die; and his

incomparable pen depicts such a scene in his “Tour of the Prairies,” a

book which is ever a delight to lovers of nature and outdoor life; and

so when death was about to overtake him did Tolstoi, one of the Masters

of the Old World, attempt to withdraw from mankind and quietly

disappear, dying at a little railway station in Russia.

His valuable manuscripts passed by his last will to his daughter: by

another testament, written at the Optina Monastery on November 11, 1910,

a few days before his death, he left an address entitled “Effective

Means.” It says:

“I am naturally anxious to do all I can against evil, which tortures the

best spirits of our time.

“I think the present effective war against capital punishment does not

need forcing; there is no need for an expression of indignation against

its immorality, cruelty and absurdity; every sincere, thinking person,

everybody knowing from youth the sixth commandment, needs no explanation

of its absurdity and immorality; there is no need for descriptions of

the horrors of executions, as they only affect hangmen, so men will more

unwillingly become executioners and governments will be obliged to

compensate them more dearly for their services.

_Knowledge Banishes Delusions_

“Therefore, I think that neither the expression of indignation against

the murder of our fellow-men, nor the suggestion of its horrors, is

mainly needed; but something totally different.

“As Kant well says, there are delusions which cannot be disproved, and

we must communicate to the deluded mind knowledge which will enlighten,

and then the delusions will vanish by themselves.

“What knowledge need we communicate to the deluded human mind regarding

the indispensableness, usefulness or justice of capital punishment in

order that said delusion may destroy itself.

“Such knowledge in my opinion is this: The knowledge of what is man,

what his surrounding world, what his destiny; hence, what man can and

must do, and principally what he cannot and must not do.

“Therefore, we should oppose capital punishment by inculcating this

knowledge to all men, especially to hangmen’s managers and sympathizers

who wrongfully think they are maintaining their position, thanks only to

capital punishment.

“I know this is not an easy task. The employers and approvers of

hangmen, with the instinct of self-preservation, feel that this

knowledge will make impossible the maintenance of the position which

they occupy; hence not only will they themselves not adopt it, but by

all means in their power, by violence, deceit, lies and cruelty, they

will try to hide from the people this knowledge, distorting it and

exposing its disseminators to all kinds of privations and suffering.

“Therefore, if we readily wish to destroy the delusion of capital

punishment, and if we possess the knowledge which destroys this

delusion, let us, in spite of all menaces, deprivations and sufferings,

teach the people this knowledge, because it is solely the effective

means in the fight.

“LEO TOLSTOI.

“Optina Monastery, November 11, 1910.”

“REMEMBER CRITTENDEN”

If not a will, the last writing of William Logan Crittenden carried with

it a wealth of sentiment and affection; he was a member of the

celebrated Kentucky family, and a graduate of West Point. In the year

1851, he joined General Narcisso Lopez, who sought volunteers in the

United States to aid in the struggle then going on for Cuban

independence. The expedition had intended to land at some remote part of

the island of Cuba, but a heavy gale drove the vessel to a small port

barely twenty miles from the city of Havana. Crittenden and his party

were captured: cruelly bound, he was taken to Havana and imprisoned in

the grim Atares Castle; on the following day, he and his companions were

shot. Shortly before his death, he was permitted to pen the following

pathetic lines to a friend: “This is an incoherent letter, but the

circumstances must excuse it. My hands are swollen to double their

natural thickness, resulting from having been too tightly corded during

the last eighteen hours. Write John (his brother), and let him write to

my mother. I am afraid that the news will break her heart. My heart

beats warmly for her now. Farewell. My love to all my friends.” When one

of the Kentucky regiments was in action during the Spanish-American War,

their battle-cry was, “Remember Crittenden.” At Santiago, Cuba, there is

placed a commemorative tablet, which serves to recall another ill-fated

attempt to aid in a Cuban insurrection, that of 1873. The _Virginius_, a

steamer carrying the American flag, was captured by a Spanish

man-of-war, the officers, crew and passengers were shot: the tablet

reads: “Thou who passest this place, uncover thyself. This spot is

consecrated earth. For thirty years it has been blessed with the blood

of patriots immolated by tyranny.”

CONFUCIUS

History does not record that the great Chinese philosopher and sage made

a testamentary disposition of his worldly effects; but we find that just

before his death in 478 B.C., with his hands behind his back, dragging

his staff, he moved about his door reciting:

“The great mountain must crumble,

The strong beam must break,

The wise man must wither away like a plant.”

The grave of Confucius is in Kung Cemetery near the city of Kiuh-Fow: a

magnificent gate opens into a beautiful avenue which leads to his tomb,

this avenue being shaded by cypresses and other fine old trees: the

inscription on his tomb reads:

“The most sagely ancient Teacher,

The all-accomplished, all-informed King.”

The great temple erected here in his honor is a splendid edifice.

Confucius enunciated the Golden Rule five hundred years before Christ,

and although negatively put, it is to all intents and purposes the same

as given by the Master:

“What ye would not, that others should do unto you, do ye not unto

them.”

UNDERTAKER PAID IN ADVANCE

The will of Elijah Bell was probated at Columbus, Ohio, on October 5,

1910. It disposes of an estate of twenty thousand dollars between his

widow, children and grandchildren. In a codicil, he states that no

changes have been made in his will, and that if any were found on

opening that document, the court was to declare the instrument a

forgery.

He also declared that he had paid the undertaker for his burial, the sum

of one hundred and ninety-eight dollars; the items being, a casket one

hundred and forty dollars, a vault fifty dollars, and a shroud eight

dollars.

SINGS AT HIS OWN FUNERAL

William Faxon died recently at Ovid, Michigan. When the mourners had

gathered at the Faxon home, in which lay his open coffin, they were

surprised to hear his voice in an anthem from behind a screen of flowers

and palms.

Sometime before his death, Faxon conceived the idea of preserving his

own voice by means of the phonograph, to be a part of the service when

he died. He was a well-known choir singer, and possessed a rich tenor

voice.

HEAVENLY SECURITIES

An inventory recently filed in the County Court at Nashville, Tennessee,

is probably the most unusual instrument of its kind ever admitted to

probate. The document is signed by Mrs. Corra W. Harris, the author of a

book of high merit, “A Circuit Rider’s Wife”; her husband, the Reverend

Lundy H. Harris, is reported to have died by his own hand; he is said to

have been the real circuit rider of the story; his wife qualified as his

administratrix. The inventory given below is embodied in a letter

addressed to the Clerk of the County Court, which had jurisdiction of

the estate of the deceased minister; it is a pathetic and touching

tribute from an able pen.

“MR. W. F. HUNT, City.

“DEAR SIR:

“I have your card saying that if I do not furnish you an Inventory of

the estate of Lundy H. Harris, of which I was appointed administratrix,

within ten days from receipt of this notice, you will proceed as the law

directs.

“I did not know it was my duty to furnish such an inventory and now you

demand it I do not know how to do it. If the one I send you is not in

proper form to be recorded upon your books, I enclose postage and

request you to let me know wherein I have failed.

“It is not with the intention of showing an egregious sentimentality

that I say I find it impossible to give you a complete and satisfactory

inventory of the estate of Lundy H. Harris. The part that I give is so

small that it is insignificant and misleading.

“At the time of his death he had $2.35 in his purse, $116.00 in the

Union Bank & Trust Company of this city, about four hundred books, and

the coffin in which he was buried, which cost $85.00.

“The major part of his estate was invested in heavenly securities, the

values of which have been variously declared in this world, and highly

taxed by the various churches, but never realized. He invested every

year not less (usually more) than $1200. in charity, so secretly, so

inoffensively and so honestly that he was never suspected of being a

philanthropist, and never praised for his generosity. He pensioned an

old outcast woman in Barton County, an old soldier in Nashville; he sent

two little negro boys to school and supported for three years a family

of five who could not support themselves. He contributed anonymously to

every charity in Nashville, every old maid interested in a ‘benevolent’

object received his aid, every child he knew exacted and received penny

tolls from his tenderness. He supported the heart of every man who

confided in him with encouragement and affection. He literally did

forgive his enemies and suffered martyrdom on Sept. 18th, 1910, after

enduring three years of persecution without complaint. He considered

himself one of the Chief of Survivors and was ever recognized as one of

the largest bondholders in Heaven.

“You can see how large this estate was and how difficult it would be to

compute its value so as to furnish you the inventory you require for

record on your books. I have given you faithfully such items as have

come within my knowledge.

“Sincerely yours,

“CORRA W. HARRIS, Admx.”

AN UNUSUAL CONDITION

On April 15, 1910, there was an announcement in the newspapers of how a

wealthy and well-known lady in St. Louis died, leaving her entire

fortune to her husband; the remainder to their children; but in the

event he remarries, the estate to pass immediately to their children.

This is the second instance we have known of such a provision in a will.

A learned legal writer of San Francisco states in his work on wills that

he had never met with such an instance.

WILL OF EARL OF PEMBROKE

The will of William, Earl of Pembroke, written July 27, 1469, among

other clauses, says: “ ... And wyfe ye remember your promise to me to

take the ordre of wydowhood as ye may be the better mastre of your owne

to performe my wylle....” And in a codicil he adds: “ ... I will that

Maud my daughter be wedded to the Lord Henry of Richmond; Ann to Lord

Powys; and Jane to Edmund Malafaul.”

TO PAY NATIONAL DEBTS

In the year 1784 there was probated in England, the last will and

testament of one, M. Fortune Ricard, a teacher of arithmetic. It seems

that in his eighth year, his grandparent had given him a small sum of

money, and directed him to add the interest to the principal each year,

and at his death to employ the result in good works for the repose of

their souls. The testator was in his seventy-first year at the time of

his death. He divided the fund into five parts. At the end of one

hundred years, one part was to be given for the best theological

dissertation proving the lawfulness of putting money out at interest. At

the end of two hundred years, the second part was to be expended for

prizes for distinguished, virtuous actions, literature and other

purposes. At the end of three hundred years, the third part was to be

used in establishing five hundred patriotic banks in France, lending

money without interest. At the end of four hundred years, the fourth

part was to be expended in the building of a hundred towns to

accommodate the people of France. At the end of five hundred years, the

fifth part was to be used in paying off the national debts of England

and France.

The will concludes with a hope for the success of these enterprises,

above all, that his example would enkindle the emulation of patriots,

princes and public bodies, and cause them to give attention to this new

and most powerful and invaluable means of serving posterity.

THE NOBEL PRIZES

Alfred Bernard Nobel, a Swedish inventor and philanthropist, was born at

Stockholm in 1833, and died in 1896. He was a student of the

distinguished John Ericsson: he was educated in St. Petersburg, and

studied mechanical engineering in the United States: he was granted

patents by the United States on nitroglycerin and dynamite: his patents

were very numerous, there being filed in Great Britain one hundred and

twenty-nine. In 1875, he controlled fifteen dynamite factories in

different parts of the world. He is best known by his will in which he

founded the Nobel Prize Fund of $9,200,000, reduced by taxation to

$8,400,000, the interest on which is annually divided into five equal

parts, and awarded as prizes to the person who shall have made, (1) the

most important invention or discovery in the domain of physics, (2) in

chemistry, (3) in physiology or medicine, (4) who shall have produced in

the field of literature the most distinguished work of an idealistic

tendency, and, (5) who shall have most or best promoted the interest of

universal peace.

The first four prizes are awarded by the academies of Sweden, and the

fifth by the Norwegian Storthing (Parliament). The value of each prize

is about $38,000; the right to make nominations is bestowed upon members

of corresponding academies of other countries, professors holding proper

chairs in Scandinavian and foreign universities, recipients of Nobel

prizes, and other persons of distinction. The plan of award is that the

prizes shall go to those persons who shall have contributed most

materially to benefit mankind during the year immediately preceding. The

stipulation that the award should be for achievements of the preceding

year has been, to a large extent, disregarded, and in many instances the

award is the result of the life work of the recipient.

SPITEFUL WILLS

Mr. Russell, in his work, “Seeing and Hearing,” says: “Wills which, by

rehearsing and revoking previous bequests, mortify the survivors when

the testator is no longer in a position to do so _viva voce_, form a

very curious branch of the subject. Lord Kew was a very wealthy peer of

strict principles and peculiarly acrid temper, and, having no wife or

children to annoy, he ‘took it out,’ as the saying is, on his brothers,

nephews, and other expectant kinsfolk. One gem from his collection I

recall, in some such words as these: ‘By a previous will I had left

fifty thousand pounds to my brother John; but, as he has sent his son to

Oxford instead of Cambridge, contrary to my expressed wish, I reduce the

legacy to five hundred pounds.’ May the earth lie light on that

benevolent old despot!”

A JILTED LOVER’S WILL

Dr. Forbes (Benignus) Winslow, though of New England stock, was born in

London. He studied medicine in New York and afterward at the Royal

College of Surgeons. He made a specialty of the treatment of insanity

after locating in London, and became noted as an alienist and was at one

time President of the Medical Society of London. He reports the

following very singular will:

“A certain individual, who having been crossed in love, concluded to end

an unhappy and disappointing life, ordered his body to be boiled down,

and all the fat to be extracted therefrom to be used in making a candle,

which was to be presented to the object of his affections, together with

a letter containing his adieus and expressions of undying love. The time

chosen for the delivery of the candle and the letter was at night, in

order that the lady might read the touching lines by this veritable

‘Corpse Candle.’” The will, the learned Dr. Winslow tells us, was

literally carried out.

WILL OF FREDERIC GEBHARD

Frederic Gebhard, once the favorite of the stage and of society, with an

income of $100,000 a year, a private car, and blooded horses and dogs,

left an estate valued at less than $10,000. His will, making no mention

of his widow, was filed September 21st, 1910, in the Surrogate’s office

of New York.

Gebhard died at Garden City on September 8th last. His will provides

that his entire estate shall be given to his sister, Mrs. Mary Isabel

Neilson, who is the mother-in-law of Reginald Vanderbilt.

The will is dated June 21, 1905, some time prior to his marriage to his

last wife, formerly Marie Wilson, one of the original Florodora Sextette

girls. They were wedded early in 1906, but were reported to have

separated. Mrs. Gebhard returned to him some time before he died.

Gebhard attracted public attention over twenty years ago as an admirer

of Lily Langtry, who came to this country as a stage beauty. Gebhard

accompanied her about the country, and purchased a ranch adjoining her

ranch in California. Later she returned to England to become Mrs. Hugo

de Bathe, and Gebhard wedded Lulu Morris. She divorced him, and became

Mrs. Henry Clews, Jr.

IN COLONIAL DAYS

The will of William Farrar of colonial times, related to many St.

Louisans, was probated in 1677 in Henrico County, Virginia. This

document and the inventory portray the customs of those days. There

passed under this will, “one Indian boy named Will, and another named

Jack”; there is a recital that the “Hoggs being out and uncertain, and

one young mare, are left undivided.” The valuations are in tobacco, the

Indian boys being worth 2800 pounds each. This is rather a novel

association of the Indian with tobacco.

FIVE DRAWERS TO BE OPENED

A few years ago, there died a wealthy English gentleman who directed

that the five drawers in his desk be opened on the five consecutive

anniversaries of his death. That was all; not a word about the

disposition of his large fortune. When the fourth drawer was reached, a

sealed letter contained this message: “Have faith and hope, and you will

attain unto the fruition of all your desires.” When on the fifth

anniversary the last drawer was opened, a properly executed will was

found, leaving the property to those who had expected it.

ANTICIPATING MARRIAGE

There is a strong tendency on the part of men to draw up their wills in

favor of the ladies to whom they are affianced. By thus anticipating

what they would probably do after marriage, they not only take duty by

the forelock, so to speak, but reap a present reward in the increased

ardor of the adored ones.

DIFFICULT TASK FOR THE JUDGE

The will of Mrs. Sophia Striewe, of St. Louis, was filed in the Probate

Court in November, 1910. Six-fourteenths of the residuary part of her

estate, amounting to seven thousand dollars, it was directed should go

the one who did the most for her during her last days. The Probate Judge

will probably decline to pass on so delicate a matter.

DENTAL SAFEGUARDS

Quite recently, a Boston philanthropist provided a fund by means of

which the school children of that city were insured the proper care of

their teeth. Dental statistics show that this act must be considered as

far more worthy than any gift of a like nature in the field of

philanthropy for many years; it cannot be doubted that the state of the

health depends to a very large degree on the condition of the teeth, and

actual figures show that only one child in thirty-five has sound teeth,

and much of the sickness of the country can be thus accounted for in

this impairment of one of nature’s equipments.

WHAT COMMODORE VANDERBILT SAID

When Commodore Vanderbilt was on his death-bed, he was visited by his

nephew, Samuel Barton. “Sammy,” he said, “I’ve been thinking all day

about Alexander Stewart’s will. I can’t explain it. I can’t understand

how the greatest merchant in this country, who began with nothing and

made a fortune of millions, who was always clear-headed in business

matters--how was it possible for a man of that kind to make such an

utter damn fool of himself when he came to write his will?”

“ONE CLOVER BLOSSOM”

A poetic nature and a love for clover blossoms are at once shown by a

Michigan testator who devised land to his native village for park

purposes; the only rental being “one clover blossom per annum,” which is

to be picked on the premises and delivered to his heirs or descendants.

No provision seems to have been made for substitute rental in the event

of a failure of the clover crop.

“ONE RED ROSE IN THE MONTH OF JUNE”

Baron Heinrich Wilhelm Stiegel was born in Germany near Manheim, Baden,

of a noble and wealthy family, in 1730. Before he was twenty years of

age, he ventured into the New World with a fortune of $200,000: he

located in Lancaster County, Pennsylvania, after having built a home in

Philadelphia. He was a man of great note, establishing iron and glass

works and other industries, and built an elegant mansion at Manheim, in

Lancaster County; the old Lutheran Church in Manheim, built in 1770, was

located on ground now occupied by a modern church of the same

denomination, built in 1891. Stiegel, by will or an instrument of

kindred nature, gave the lot on which the church stands, for a

consideration of five shillings and “the annual rental of one red rose

in the month of June forever.” The payment of the rose occurs on the

first Sunday in June, and is an annual ceremony of great interest; the

church officers bear the rose to the altar on a costly tray, and a

descendant of the testator comes forward at the request of the minister

to receive it. An extended account of Stiegel appears in the proceedings

of the Lancaster County Historical Association for September 4th, 1896.

DESIRED BURIAL ON MOUNTAINS

Robert Louis Stevenson, in his directions for his burial, selected the

apex of a mountain in the Samoan Islands; it was necessary to employ a

great many natives to clear the way to the mountain top. There, in the

midst of singing birds, the blooming of flowers, and the tonic of the

sea breeze, one may read his epitaph, written by himself, but for

another:

“Under the wide and starry sky,

Dig my grave and let me lie.

Glad did I live and gladly die,

And I laid me down with a will.

“This be the verse you grave for me,

Here he lies where he longed to be,

Home is the sailor, home from the sea,

And the hunter home from the hill.”

* * * * *

Cecil John Rhodes admired the grandeur of the Matoppo Hills in Rhodesia,

and directed in his will that he be buried there in a square to be cut

out of the rock on the top of a hill at a point which commanded a

magnificent view of the surrounding country.

* * * * *

Helen Hunt Jackson, the authoress, was buried at her direction, on

Cheyenne Mountain, near the top of Seven Falls, a short distance from

Colorado Springs, Colorado; she desired this for her last resting place,

on account of her love for the surroundings, which are of rare beauty,

and which no doubt gave her inspiration for her literary productions.

* * * * *

Thomas Jefferson, his wife and two daughters are buried near the crest

of Monticello, “Little Mountain.”

Monticello, the home of Jefferson, is beautifully situated, and commands

a view of the town of Charlottesville, the University of Virginia, and

the neighboring country. It has long been known as one of the most

picturesque spots in the South. For many years, a monument bearing the

following inscription from his own pen marked Jefferson’s grave:

HERE WAS BURIED

THOMAS JEFFERSON

AUTHOR

OF THE DECLARATION OF

AMERICAN INDEPENDENCE

OF

THE STATUTE OF VIRGINIA

FOR RELIGIOUS FREEDOM, AND

FATHER OF THE UNIVERSITY

OF VIRGINIA

BORN APRIL 2D

1743 O.S.

DIED [JULY 4]

[1826]

The old monument was removed about fifteen years ago, and now stands on

the campus of the University of Missouri, at Columbia, Missouri, and a

more imposing one was erected in its place.

NO TRIPS TO EUROPE

Mr. Jefferson G. James, an old and prominent citizen of San Francisco,

died in May, 1910; he was a pioneer cattle dealer and politician; he

left a large estate to be disposed of under his will, which was written

with his own hand and is an eccentric document. One provision in the

nature of advice to the distributees reads as follows:

“Don’t be mean. Don’t pay my employes more than is being paid them now.

No outside speculations. No expensive trips to Europe. Spend your money

in this country. Buy or build nice residences and live and enjoy

yourselves among people you know. The dividends to the small

stockholders will assist in the support of a family.”

In a codicil, he recurs to the subject of European travel, which seems

to have been a pet aversion; he again says, “No trips to Europe.”

RIGHTS OF AN UXORICIDE DENIED

An appeal from a decision of Vice-Chancellor Malins, of London,

questioning the rights of M. de Tourville to inherit under his wife’s

will, was decided against him.

M. de Tourville was found guilty of murdering his wife by flinging her

down a precipice while travelling with her near Botzen, Austria, in

July, 1876. The marriage took place in November, 1875, and the lady was

a widow possessed of large property. The day after the marriage she made

a will, leaving her property to trustees for the benefit of her

children, should there be any, but in default of such, she gave the

whole to her husband, the husband being cognizant of this arrangement,

and thereby, as alleged by the wife’s relations, instigated to commit

the crime of which he was subsequently convicted and sentenced to death

by the Austrian courts. Having appealed, however, his sentence was

commuted to imprisonment for eighteen years.

Under these circumstances, the wife’s relations claimed a declaration

that De Tourville was incapable of taking any interest under his wife’s

will, and argued that the property belonged to Madame de Tourville’s

next of kin.

The Vice-Chancellor refused the application for a commission, on the

ground that the question of law should first be determined whether, in

his position, De Tourville should lose the benefits conferred on him by

the will, and directed an amendment of the pleadings for that purpose.

The case was further complicated by the fact that, previous to his

conviction, De Tourville had (not perhaps so cleverly as he thought)

assigned his interest under the will to another person.

The Master of the Rolls and Lords Justices James and Bramwell, however,

reversed the decision of the Vice-Chancellor, and granted the

application for a commission, the Master of the Rolls remarking that he

was at a loss to understand why the application should have been

refused.

HE ANSWERED THE QUESTIONS

About the year 1875, “Scotch” John Wilson, a native of Scotland, then

living near Tecumseh, Nebraska, drove from his home his son, John

Wilson, and told him never to darken the doors again. The son had

graduated from an Iowa law school and wanted to practise law; the father

wanted the son to stay on the farm; they disagreed and this resulted in

the son’s being driven from home. He rode away on a circus train and

never saw his parents again.

A few years ago, the elder Wilson died, leaving an estate valued at

thirty thousand dollars. By his will, he directed that this estate be

turned over to any claimant who might appear and say he was the missing

son, and who could answer thirty questions. These thirty questions dealt

largely with family history, dates, and other matters which were

peculiarly within the knowledge of the son.

The son appeared, after an absence of thirty-five years, and answering

satisfactorily the thirty questions before the Probate Court, was

awarded the estate. After the decision in his favor, he began crying and

remarked, “I would have preferred to have seen my mother rather than to

take this money.”

FROM UNDER THE SEA

On April 15th, 1910, while manœuvering off Kura in Hiroshima Bay,

Submarine No. 6 of the Royal Japanese Navy was sunk: her commander,

Lieutenant Saguma, and fourteen men were lost. When the vessel was

raised two days after the catastrophe, a document written by him was

discovered; it is a remarkable instrument and may be regarded as a

testamentary log. This paper, written when the commander was slowly

choking to death from the gases generated as the submarine lay helpless

at the bottom of the sea, is a striking instance of the spirit of silent

sacrifice and immolation found in the Japanese character. It reads as

follows:

“I have no excuse or apology for having sunk His Majesty’s No. 6

submarine by my carelessness, but the crew of the boat bravely and

calmly discharged their duties. We now die for the sake of our

country, but we regret that the future development of submarines

will receive a heavy blow as the result of this disaster. It is,

therefore, my hope that you will engage in deeper study of the

submarine without any misapprehension of disasters. If you do this,

we shall feel no regret at our deaths. We were making a gasoline

dive when the submarine sank lower than was intended, and we tried

to close the sluice valve, when the chain unfortunately snapped. I

therefore closed the valve with my own hands, but it was too late

to avert disaster, and the boat sank with a list of 25 degrees. The

boat sank at 10 A.M., and it is now 11.45 A.M. The depth of the

water is about ten fathoms. I always expect death when away from

home. My will is therefore prepared and in the locker, and I hope

Mr. Taguchi will send it with this paper to my father.”

There were numerous other requests, one to the Emperor, an earnest

appeal to supply the means of livelihood to the poor families of the

crew.

WRITTEN BY ENTOMBED MINERS

In November, 1909, over three hundred miners were entombed for a period

of ten days in a mine at Cherry, near Spring Valley, Illinois. The

living were imprisoned with the dead. At the end of ten days, twenty-two

miners were rescued; those saved had kept themselves free from fatal gas

by building a barricade. Saved from death by suffocation, they were

threatened with death by thirst. Two of these men, self-constituted

leaders, gave orders for the protection of the community; they conducted

religious services and cared for the sick and exhausted, and their

directions were strictly carried out.

Two of the miners wrote wills while so imprisoned; they are pathetic

documents. The writer of the following will, Joe Pegati, was rescued:

“This is the 4th day that we have been down here. That’s what I

think, but our watches stopped. I am writing this in the dark

because we have been eating the wax from our safety lamps. I also

have eaten a plug of tobacco, some bark and some of my shoe. I

could only chew it. I hope you can read this. I am not afraid to

die. O Holy Virgin, have mercy on me.

“I think my time has come. You know what my property is. We worked

for it together and it is all yours. This is my will, and you must

keep it. You have been a good wife. May the Holy Virgin guard you.

I hope this reaches you some time, and you can read it. It has been

very quiet down here and I wonder what has become of our comrades.

“Good-by until heaven shall bring us together.

“Joe Pegati.”

The writer of the second will, Samuel D. Howard, aged twenty-one, died

in the mine; his will in part is in these words:

“Alive at 10.30 o’clock yet. Sam D. Howard and Brother Alfred is

with me yet. A good many dead mules and men. I tried to save some,

but came almost losing myself. If I am dead give my diamond ring to

Mamie Robinson. The ring is coming to the Post Office. Henry can

have the ring I have in my good clothes. The only thing I regret is

that my brother could not help mother after I am dead and gone.

* * * * *

“To keep me from thinking I thought I would write these few lines.

There is rock falling all over. We have our buckets full of water,

seep water, and we drink it and bathe our heads in it.

* * * * *

“Seven fifty o’clock in the morning. This is Sunday. There is no

air. We have fanned ourselves with the lids of our buckets. Twenty

five after 9 and black damp coming both ways. Twenty five after 10

we gave up all hope. We have done all we could. The fan had better

start above soon. Twenty five after 10 A.M. Sunday. We are still

alive, the only hope is the fan.

“I think I won’t have strength to write pretty soon. Fifteen after

12 o’clock Sunday. If they can’t give us air, we will make fans

ourselves. We take turns at the fan. We have three of them going.

Twenty seven to 3 P.M. and the black damp is coming in on us.

“Only for the fans we would be dead. Eleven to 4 P.M. dying for want of

air. We have six fans moving. One after another fifteen feet apart. We

all had to come back. We can’t move front or backward. We can stand it

with our fans until Monday morning.

“Fifteen after 2 A.M. Monday. Am still alive. We are cold, hungry, weak,

sick and everything else. Alfred Howard is still alive. 9.15 A.M.

“Monday morning, still breathing. Something better must turn up or we

will soon be gone. Eleven fifteen A.M. still alive at this time. Sixteen

to 1 P.M. Monday, we are still getting weak, Alfred Howard as well as

the rest of us.”

THE TOWN CRIER

Doctor Roland Williams was an author of considerable distinction; he

was, at one time, professor in the College of St. David’s, Lampeter,

South Wales, but had difficulty with the faculty of that institution. He

exiled himself to a neighboring town, where he died, leaving in his will

fifty pounds to the town of Lampeter, one-third of the income of which

is perpetually to be given to the town crier, “for making proclamation

once a year, about midsummer, on a market day, that he, Roland Williams,

never consented to the election of George Lewellin to a scholarship in

this college, but in this and other things he was foully slandered by

men in high places; because he loved righteousness and hated iniquity;

therefore, he died in exile; but while unjust men permitted this, he

both kept the needy student by his right, and defended the alms of the

altar of God.”

CURLL’S COLLECTION OF WILLS

A very curious and now rare collection of wills was made about 1720, by

Edmund Curll, who, according to Pope and Swift, possessed himself

surreptitiously of these as well as of many anecdotes of the private

lives of some of his contemporary celebrities, and published them

anonymously, garbling and altering in a scurrilous manner many of the

facts he had obtained, so that Arbuthnot observed to Swift that “Curll

was one of the new terrors of death;” and the author of “The Man of

Taste” wrote:

“Long live old Curll! he ne’er to publish fears,

The verses, speeches, and last wills of Peers.”

Besides the memoirs and will of “Alderman John Barber,” of “Peter Le

Neve, Esq., Norroy King-at-Arms,” and that of “Anthony Collins, Esq.,”

he issued thirty-one pamphlets containing the “Life, Correspondence, and

last Will and Testament” of each of the following worthies. The list of

them is to be found on the last leaf of the said life of Alderman

Barber, and is as follows:

“1. Archbishop Tillotson.

2. Bishop Atterbury (Dean of Ch. Ch.).

3. Bishop Barnes.

4. Bishop Curll.

5. Earl of Halifax.

6. Lord Carpenter.

7. Lord Chancellor Talbot.

8. Lord Chancellor Pengelly.

9. Judge Price.

10. Rev. Mr. George Kelly.

11. Mr. Wright of Newington.

12. Wm. Congreve, Esq.

13. Mr. Addison.

14. Mr. Prior.

15. Mr. Locke (with his letters and memoirs).

16. Matthew Tindall, LL.D.

17. Mr. Nelson.

18. Dr. Radcliffe.

19. Dr. Williams.

20. Dr. South (2 vols., with his posthumous works).

21. Dr. Hickes.

22. Dr. Burnet (of the Charterhouse).

23. Mr. W. Partridge (the Astrologer).

24. Mr. Mahomet (Servant to his late Majesty).

25. Mr. John Guy.

26. Mr. Wills (the Comedian).

27. Elias Ashmore, Esq.

28. Arthur Maynwaring, Esq.

29. Walter Moule, Esq.

30. Wm. King, LL.D.

31. Mr. Manley (Author of the ‘Atlantis’).”

Indeed, Curll seems to have had an itching hand for seizing on

everybody’s will; for, among other of the singular productions he put

before the public, is a satirical work called “Pylades and Corinna:

Memoirs of the Lives, Letters, and Adventures of two Lovers, Richard

Grinnett, Esq., of Great Shurdington in Gloucestershire, and Mrs.

Elizabeth Thomas Jenner of Great Russell Street, Bloomsbury, together

with all the Incidents of their Sixteen Years’ Courtship, and two

complete Copies of their last Wills and Testaments;” and yet more

extraordinary, he invented a will for the Evil One, which he styled:

“Satan turned Moralist; or, The Devil’s last Will and Testament. Price

1_s_.” A copy of this rare book, worthless though it may be as far as it

might afford entertainment to any reader of the present day, would, we

fancy, command a good many shillings now.

Of these, fifteen are still extant, and in the library of the British

Museum, viz.: those numbered, in our list of Curll’s publications,

respectively 2, 4, 9, 10, 12, 13, 14, 15, 18, 21, 22, 23, 25, 26, 29;

but it is no easy task to find them, even in the Catalogue.

A WEIRD CUSTOM

In one of Balzac’s best novels, “The Country Doctor,” he tells of a

strange custom which prevails in some of the mountainous districts of

France. It will be recalled that the Country Doctor leaves Paris and

takes up his abode in a remote country district, the purpose being to

make amends for a life which at the outset had not been blameless and

had brought about remorse and contrition. He devotes a long and useful

life to the unsophisticated country people among whom he locates.

The custom referred to is that upon the death of a husband the neighbors

surround the bier and at intervals wail, “The master is gone! The master

is gone! The master is gone!” The widow with her own hands cuts off her

hair and places it in the hands of the corpse, as an evidence of

devotion and constancy.

TO THE DEVIL

There is perhaps no sentiment, grateful or spiteful, or any phase of

humor, good or bad, which has not been illustrated in testamentary

documents.

Probably the legatee who stood the least chance of realizing was the

Devil; an attempt was made to make him a land owner in Finland: a few

years ago, a queer old native of that country devised all his property

to the Devil without attempting to establish the identity of the

devisee. The Devil’s claim was disregarded and the property went to the

heirs of the testator. It was suggested by one writer that doubtless the

testator desired to make a good impression on his Satanic Majesty with a

view to conciliating him; another writer suggests that even the name of

the Devil in a will is better than none, such omissions being frequently

found in wills.

DEVISE TO AN IDOL

Within recent years, the Judiciary Committee of the Privy Council of

Great Britain was called upon to pass on the validity of a testamentary

devise made four hundred years prior to that time by a resident of

India, conveying by will certain lands to the use of an idol, and,

strange to say, this gift was sustained.

Mr. Justice Riddell, of the Supreme Court of Canada, recently called

attention to this remarkable devise, in an address before the State Bar

Association of Missouri.

It appears that one of the descendants of the original testator, after

the lapse of four centuries, by a subsequent will, attempted to devise

the same property which was formerly conveyed to the use of the idol.

The Privy Council upheld the original gift, and the lands are still

devoted to the use of the idol.

THE LOST DAUPHIN

It is said the Duchesse d’Angoulême, sister of the “Lost Dauphin,” was a

cold-hearted woman who preferred the prospect of a throne to the calls

of family affection. She died childless and in exile at Prague in 1845.

There is a story that on her deathbed she called to her side General la

Rochejacquelein and whispered:

“General, I have a fact, a very solemn fact, to reveal to you. It is the

testament of a dying woman. My brother is not dead; it has been the

nightmare of my life. Promise me to take the necessary steps to trace

him. France will not be happy nor at peace till he is on the throne of

his fathers.”

The story is probably apocryphal; if true, it is a pity that the dying

duchess left no documentary proof of her belief, even though it involved

the awful confession that it was her selfishness that had cheated her

brother out of a throne and rendered him a nameless outcast.

GEORGE SAND’S CURIOSITY

George Sand married in early life a coarse type of man, Casimir

Dudevant. Their union was not a happy one. It happened that she found a

packet in her husband’s desk, marked, “Not to be opened until after my

death.” She wrote of this in her correspondence:

“I had not the patience to wait till widowhood. No one can be sure of

surviving anybody. I assumed that my husband had died, and I was very

glad to learn what he thought of me while he was alive. Since the

package was addressed to me, it was not dishonorable for me to open it.”

And so she opened it. It proved to be his will, but containing, as a

preamble, his curses on her, expressions of contempt, and all the vulgar

outpouring of an evil temper and angry passion. At once she formed the

great decision of her life.

She went to her husband as he was opening a bottle, and flung the

document upon the table. He cowered at her glance, at her firmness, and

at her cold hatred. He grumbled and argued and entreated; but all that

his wife would say in answer was:

“I must have an allowance. I am going to Paris, and my children are to

remain here at Nohant.”

She went into the Latin Quarter, and not only Paris but the world heard

much of her. She wrote, “The proprieties are the guiding principle of

people without soul or virtue,” and, as is well known, her life was in

accord with this sentiment.

CHARLES DICKENS ON ELDERLY TESTATORS

When Dickens came to America in 1842, he visited the charitable

institutions of Boston, Massachusetts, and of them wrote in his

“American Notes”: “I sincerely believe that the Public Institutions and

Charities of Boston are as nearly perfect, as the most considerate

wisdom, benevolence, and humanity can make them. I never in my life was

more affected by the contemplation of happiness, under circumstances of

privation and bereavements, than in my visits to these establishments.”

In this connection he writes of the creation of such institutions

through wills:

“The maxim that ‘out of evil cometh good,’ is strongly illustrated by

these establishments at home; as the records of the Prerogative Office

in Doctors’ Commons can abundantly prove. Some immensely rich old

gentleman or lady, surrounded by needy relatives, makes, upon a low

average, a will a-week. The old gentleman or lady, never very remarkable

in the best of times for good temper, is full of aches and pains from

head to foot; full of fancies and caprices; full of spleen, distrust,

suspicion, and dislike. To cancel old wills, and invent new ones, is at

last the sole business of such a testator’s existence; and relations and

friends (some of whom have been bred up distinctly to inherit a large

share of the property and have been, from their cradles, especially

disqualified from devoting themselves to any useful pursuit, on that

account) are so often and so unexpectedly and summarily cut off, and

reinstated, and cut off again, that the whole family, down to the

remotest cousin, is kept in a perpetual fever. At length it becomes

plain that the old lady or gentleman has not long to live; and the

plainer this becomes, the more clearly the old lady or gentleman

perceives that everybody is in a conspiracy against their poor old dying

relative; wherefore the old lady or gentleman makes another last

will--positively the last this time--conceals the same in a china

teapot, and expires next day. Then it turns out, that the whole of the

real and personal estate is divided between half-a-dozen charities; and

that the dead and gone testator has in pure spite helped to do a great

deal of good at the cost of an immense amount of evil passion and

misery.”

THE CLOAK AND EARRING OF CHARLES I.

On the morning of January 30th, 1649, Charles I. rose early and for some

time remained in prayer and meditation; he was then taken to Whitehall

for execution, accompanied by his faithful Confessor, William Juxon,

Bishop of London. On the scaffold with him were Colonel Hacker, another

officer, and two men disguised with masks; though heard by few, the King

addressed the vast crowd in the following words: “For the people, truly,

I desire their liberty and freedom as much as any body whosoever, but I

must tell you that their liberty and their freedom consists in having of

government those laws by which their life and their goods may be most

their own. It is not for having share in Government, Sirs; that is

nothing pertaining to them; a subject and a sovereign are clean

different things, and therefore until you do that, I mean that you do

put the people in that liberty as I say, certainly they will never enjoy

themselves.”

He made a last profession of faith and gathered his hair under his cap;

then took off his cloak and George and gave them to Bishop Juxon with

one word, “Remember.” He then took from his left ear a large pearl

earring and formally bequeathed it to one of his faithful followers; it

is still preserved and is now owned by the Duke of Portland. It is

pear-shaped, about five-eighths of an inch long and mounted with a gold

top, and has a hook to pass through the ear. He then laid himself down

on the block, breathed a short prayer, and stretched forth his hands,

the appointed signal for the executioner, who performed his duty well,

for the head of the King was severed by one blow and it was held up to

the view of the crowd, which answered with a fearful groan.

Masculine earrings were formerly quite common: Sir Walter Raleigh wore

one, and so did Horace Walpole, and the Earl of Southampton; Shakespeare

indulged the same taste. In modern times such male finery has been

largely relegated to sailors, gypsies and negroes.

EXHORTATION TO CONDEMNED PRISONERS

Robert Dowe of St. Sepulchre, London, in his lifetime, on the 8th of

May, 1705, gave £50 to the end that the vicar and church-wardens of that

parish should, forever, previously to every execution at Newgate, cause

a bell to be tolled, and certain words to be delivered to the prisoners

ordered for execution, in the form and manner specified in the terms of

his gift, as set forth in the old will book.

An annual sum of £1 6_s._ 8_d._ in respect of this gift was charged upon

the parish estate in West Smithfield; it was paid to the sexton, who

employed a person to go to Newgate on the night previous to every

execution, where he offered to perform the prescribed duty, which was

always declined, as all needful services of that kind were performed

within the prison.

Noorthouck, in his History of London, gives the words of the

exhortation. He states that the sexton “comes at midnight, and after

tolling his bell calls aloud,

‘You prisoners that are within,

Who for wickedness and sin,

after many mercies shewn you, are now appointed to die to-morrow in the

forenoon, give ear and understand, that to-morrow morning the greatest

bell of St. Sepulchre’s shall toll for you in form of and manner of a

passing bell, as is used to be tolled for those that are at the point of

death; to the end that all godly people hearing that bell, and knowing

it is for you going to your deaths, may be stirred up heartily to pray

to God to bestow his grace and mercy upon you whilst you live. I beseech

you for Jesus Christ’s sake to keep this night in watching and prayer,

to the salvation of your own souls, while there is yet time and place

for mercy; as knowing to-morrow you must appear before the judgment seat

of your Creator, there to give an account of things done in this life,

and to suffer eternal torments for your sins committed against Him,

unless upon your hearty and unfeigned repentance you find mercy through

the merits, death, and passion of your only mediator and advocate Jesus

Christ, who now sits at the right hand of God to make intercession for

as many of you as penitently return to him.’

“On the morning of execution, as the condemned criminals pass by St.

Sepulchre’s churchyard to Tyburn, he tolls his bell again and the cart

stopping, he adds, ‘All good people pray heartily unto God for these

poor sinners, who are now going to their death, for whom this great bell

doth toll. You that are condemned to die, repent with lamentable tears;

ask mercy of the Lord for the salvation of your own souls, through the

merits, death, and passion of Jesus Christ, who now sits at the right

hand of God, to make intercession for as many of you as penitently

return unto Him.

‘Lord have mercy upon you!

Christ have mercy upon you!

Lord have mercy upon you!

Christ have mercy upon you!’”

THE PARDONED POET’S FAREWELL

“John Carter,” the convict whose poems brought him pardon, did not leave

his Minnesota prison without a farewell message to his friends within

its walls. This “last will and testament” was first printed in the

weekly _Prison Mirror_, published in the penitentiary. The St. Paul

_Dispatch_ quotes it as follows:

“This is the last will and testament of me, Anglicus. I hereby give and

bequeath my collection of books (amounting to some 6000 volumes) to Mr.

Van D., in memory of the not altogether unpleasant hours we spent

together, hours marked by no shadow of animosity at any time. We could

not be happy, but we were as happy as we could be. To Dr. Van D. I leave

my mantle of originality, and what remains of the _veuve cliquot_, in

memory of encouragement when I most needed it.

“To the editor I leave my space on this journal and the best of good

wishes in memory of his unfailing courtesy and forbearance.

“To Uncle John and to Sinbad go my heartiest wishes that we may meet

soon in some brighter clime.

“To Mr. Helgrams, my best dhudeen and the light of hope.

“To young Steady and to Mr. D. M., my poetic laurels, which they are to

share in equal measure.

“To the boys in the printing-office, the consolation of not being

obliged to set up my excruciating copy.

“To the tailors (and to the boss tailor in particular, ‘Little Italy,’)

my very best pair of pants.

“To Jim of the laundry,--but nothing seems good enough for Jim, the best

soul that ever walked.

“To Portfiro Alexio Gonzolio, a grip of the hand.

“To Davie, pie, pie again, and yet more pie.

“To the band boys--why, here’s to ’em! May they blow loose.

“To my fellow pedagogues, ‘More light,’ as Goethe put it, more

fellowship; it would be impossible to wise them. They know where I stand

and I know where they stand.

“Lawdy! lawdy! If I hadn’t forgotten Otto and his assistant. Here’s all

kinds of luck to ’em, and no mistake about it.

“Finally to all those not included hereinbefore (for various reasons),

here’s to our next merry meeting. To those in authority, thanks for a

square deal. To mine enemy--but I mustn’t bulcon him.

“Gentlemen, I go, but I leave, I hope I leave my reputation behind me.

“ANGLICUS.”

PROBATES HIS OWN WILL

Judge R. B. Tappan, of Alameda, California, in July, 1910, practically

probated his own will. He filed in the Recorder’s Office, of Alameda

County, a document which makes the Alameda Lodge of Elks his

beneficiary. He provides that if he dies or becomes insane his property

is to go to the Elks. Throughout the legal phraseology of the instrument

Judge Tappan has made many unique observations, among which he states

that he trusts that no one will inspect him too closely for signs of

dementia. He says:

“I hope that such things as leading a horse over a hill while I am

hatless and coatless and wearing a bandana handkerchief over my head or

wearing moccasins in the city will not be considered evidence of

insanity sufficient to revoke the terms of this trust.”

On Judge Tappan’s death he directs that such property as he has

transferred to the trust shall immediately be put to the uses of the

Elks lodge after paying his funeral expenses, which, he says, should not

be over $75. He remarks in the document that he has already paid $10 for

a redwood box to convey his remains to the crematory. In regard to the

document, Judge Tappan said:

“I have the consent of the directors of my lodge of Elks to keep for me

in their possession during my life my property now in their possession,

and any property which I may place in their custody hereafter will be

similarly held. I have made provisions in the declaration which will

pass the trust fund to the Elks lodge in the event of my death or in the

event of my becoming insane. The question of insanity is left to the

officers of my lodge. There may arise an occasion where some meddlesome

person or persons would lodge a contest, and perhaps my wishes

concerning the disposition of what belongs to R. B. Tappan would not be

complied with. I have a right to do what I see fit with what is mine

without consulting any one else, and it is a great satisfaction to me

to-day to know just where my property will go in the event of the

happening of either one of the conditions referred to. This proposition

involves a large sum of money and securities which are as good as gold

coin, and the matter is no joke. The officers realize this, or else they

would not have accepted the trust. I never speculate or gamble in any

form; hence my trust is not likely to shrink much.”

TRUST COMPANIES AS EXECUTORS

The Trust Companies of the United States and other countries have, in

recent years, proved themselves the best mediums for administering

wills; such an institution located in Melbourne, Australia, in pointing

out its merits and stability, quite uniquely, we think, quoted

Tennyson’s lines:

“ ... Men may come,

And men may go,

But I go on for ever.”

Ancient, Curious, and Famous Wills · 第 7 / 12 章