CHAPTER VII

WILLS OF FAMOUS AMERICANS

“ ... The past is all holy to us;

Sad and soft in the moonlight of memory.”

WILL OF JOHN QUINCY ADAMS

John Quincy Adams died February 23, 1848. His will is in part as

follows:

“Know all men by these presents, “that I, John Quincy Adams, of Quincy

in the County of Norfolk and Commonwealth of Massachusetts, Doctor of

Laws, do make, ordain, publish and declare this to be my last will and

testament hereby revoking all wills by me heretofore made and

particularly one made on or about the 30th day of October, 1832, the

last will made by me preceding the present, which has become mislaid

among my papers so that I cannot find it; I therefore revoke and annul

the same in all and every particular of the same; of which said will, as

far as my memory retains it, Joseph Hall, Edward Cruft and James H.

Foster were subscribing witnesses.

“1st. I do hereby constitute and appoint my only surviving son Charles

Francis Adams of Boston Esquire, my sole Executor for all my property in

this Commonwealth or in the District of Columbia or elsewhere; and I

direct him hereby to take out Letters of Administration as well in the

County of Norfolk in this Commonwealth as in the County of Washington in

the District of Columbia, and if necessary in the State of Pennsylvania,

so that he may administer upon any property, real, personal or mixed

pertaining to me in any part of the United States at the time of my

decease, and I hereby constitute my said son residuary Legatee of all

property, real, personal and mixed belonging to me, not otherwise

disposed of by this will.

“2nd. But in the event of the decease of my said Son, which God forbid,

my beloved wife still surviving, I do hereby constitute her the Sole

Executrix of all my goods, estate and property not previously

administered, with such assistants as she may name and as may be

assented to by the Judge of Probate of the County wherein my said will

may be proved and approved.”

He gives and bequeaths to his beloved wife Louisa Catherine Adams, his

dwelling house and lot in the city of Washington, and the dwelling house

and farm at Quincy “including the lots of Salt Marsh heretofore leased

in Connexion therewith.”

He also gives to his wife the dwelling-house and land situated on F.

Street in the city of Washington, being his residence in the capital.

He gives to his said wife the furniture in the dwelling-house at Quincy,

with the exception of such articles as are specifically otherwise

bequeathed, also all carriages and horses, china, plate and plated ware,

as well at Quincy as at Washington, excepting such articles thereinafter

otherwise bequeathed, and all the wines in the cellars and closets in

dwelling-houses in both places.

He gives to his said wife in lieu and as a full equivalent for her right

of dower in all the rest and residue of his real estate, whether in

Massachusetts or in Washington, or elsewhere, provided she consent to

renounce the same, the sum of $2000 per annum, to be paid to her during

her natural life, constituting the same a charge upon his estate, to be

paid to her in cash every year she may live.

To his son, Charles Francis Adams, he gives all shares and certificates

of stocks in the Middlesex & Quincy Canals, Braintree and Weymouth

Turnpike, Banks, Insurance Companies, Markets and Hotels; also all

interest in mortgages upon real estate and city stocks, and generally

all and singular the personal property of every description, not

otherwise bequeathed, in trust upon the following conditions and for the

following purposes: That he shall, “during the natural life of my said

wife, Louisa Catherine Adams, pay over to her one entire third part of

the revenue in each and every year; and of the remaining two-thirds of

said revenue, he shall reserve one-half to himself and his own use and

behoof, and of the other half he shall pay over to my daughter-in-law,

Mrs. Mary Catherine Adams one moiety thereof during her natural life,

and the remaining moiety to my granddaughter, Mary Louisa Adams,

daughter of my son John Adams, deceased, and said Mary Catherine.”

Upon the death of his wife, Louisa Catherine Adams, a division is to be

made of the principal of the personal property thus held by his son and

executor, by which one-half is to be given to his said son Charles

Francis Adams, and of the income arising from the other half of the

same, the sum of $6000 is to be paid to his daughter-in-law, Mary

Catherine Adams, and the remainder of said income and proceeds shall be

paid to his granddaughter, Mary L. Adams, during the natural life of her

mother, and “upon the decease of her mother the whole of said half part

of said property as well as all other personal property held in trust by

said executor for the benefit of said Mary L. Adams” is to be settled

upon said Mary L. Adams by said executor.

He gives to his son, Charles Francis Adams, his estate at Mount

Wollaston in the town of Quincy, with the dwelling-house and barns

thereon situated.

He gives to his son, Charles Francis Adams, and the heirs of his body

all the rest and residue of real estate, including all wood lots, quarry

lands and salt marsh, of which he shall die seized within the limits of

the towns of Quincy, Braintree or Milton: “Provided there be secured to

be paid by said son, the principal sum of $20,000, said sum to be a

capital for the benefit of my granddaughter, Mary L. Adams.”

He gives to his son, Charles Francis Adams, realty situated in Fremont

Street and in Court Street, city of Boston, and county of Suffolk.

He gives and bequeaths to his granddaughter, Mary L. Adams, the estate

in Beach Street, city of Boston, and also the estate of which he stands

possessed under breach of condition of mortgage in Curve Street in

Boston, “should the same become mine, as is probable, by foreclosure, in

regular course of law,” also all right, title and interest he has or may

have in two stores on Eastern Railway Avenue, in said Boston, over and

above amounts for which they are respectively mortgaged, to her and her

heirs and assigns forever.

He gives to his son, Charles Francis Adams, the estate in Weston, in

this commonwealth, bequeathed to him by his friend Ward Nicholas

Boylston, Esq., and the whole of his estate situated in city and county

of Washington, D.C., consisting of house in F. Street, and the land

appertaining, subject to life estate already granted to his wife, also

store and house situated in Pennsylvania Avenue, also estate known under

name of Columbia Mills, also Square numbered 592 and all other lands of

which he may die seized and possessed in the District of Columbia, to

have and to hold to him, his heirs and assigns, in trust, however, for

the benefit of his granddaughter, Mary L. Adams.

He constitutes and creates a charge upon all various devises of real

estate made for the benefit of his granddaughter, Mary L. Adams; that

out of the annual proceeds, rents and profits of same there be paid

during the life or widowhood of his mother, Mary Catherine Adams, the

sum of $600 in each and every year to the said Mary Catherine Adams.

He gives to Elizabeth C. Adams, Isaac H. Adams, John Quincy Adams and

Joseph H. Adams, surviving children of his brother, the late Thos. B.

Adams, of Quincy, the house and farm in Braintree and house and farm in

Medford, which were mortgaged to him by said brother, and of which he

had taken legal possession for breach of condition of said mortgage.

He gives his library of books, manuscript books and papers and those of

his father and all his family pictures, except such as may be therein

otherwise specifically devised to his son, Charles Francis Adams,

“trusting that his mother shall at all times have the use of any of the

books in the library at her discretion”; and recommends that his said

son, as soon as suits his own convenience, shall “cause a building to be

erected, made fireproof, in which to keep the said library, books,

documents and manuscripts safe, but always to be subject to his

convenience,” and especially recommends to his care the said library,

manuscripts, books and papers, and that he will as far as may be in his

power keep them together as one library to be transmitted to his eldest

son as one property to remain in the family, and not to be sold or

disposed of as long as may be practicable, being always confided to the

faithful custody of the person holding the legal title in the same.

He gives to his granddaughter Mary L. Adams, “Portrait of my father,

painted by Stewart and all the other family portraits now in house in F.

Street which I occupy.”

He gives to the people of the U.S. of America an ivory cane presented to

him by Julius Pratt of Meriden in Connecticut and by him deposited in

the custody of the Commissioner of Patents at Washington to remain in

his custody until called for by him, the said cane bearing on it an

inscription in honor of the repeal by the House of Representatives of a

bill prohibiting the reception of petitions on the subject of slavery,

December 3, 1844.

He gives to his grandson, John Quincy Adams, son of Charles Francis

Adams, “a gold-headed cane cut from the timbers of the frigate

Constitution and presented to me by Minot Thayer, Samuel A. Turner,

Ebenezer T. Fogg, Solomon Richards and Harvey Field, Committee, April

1st, 1837, on the head of which is engraved the members of the House of

Representatives of Massachusetts from the several towns of my District

in the year 1837, in token of their sense of my public services in

defending in the Congress of the United States the right of petition of

the people of the U.S. in that body; and I request my son to have the

custody of this bequest until his said son John Quincy shall come of

age.”

“20th. I give and bequeath to my grandson Charles Francis Adams second

son of my son, aforesaid, a cane also cut from the timbers of the

frigate Constitution, and given to me by its Commander Commodore Isaac

Hull in the year 1836, which is marked upon a silver ring immediately

under the head of said cane.

“21st. I give to my grandson Henry Brooks Adams, third son of my son

aforesaid, a cane made of olive from Mount Olivet in Jerusalem, given to

me by my nephew Joseph Harrod Adams by whom it was caused to be cut on

the spot, he being personally there as an officer of the United States.

“22nd. I have given to my daughter A. B. Adams, wife of my son Charles

Francis Adams, the portfolio of engravings of pictures of Colonel

Trumbull, presented to me by him. I now give to her a silver tankard

which was my mother’s, from her grandfather John Quincy--also the

portrait of the said John Quincy at two years of age now in her house at

Quincy, and that of his mother, being Anna Shepard, daughter of the

celebrated Thomas Shepard, minister of Charleston, by whom the estate at

Mount Wollaston was bequeathed by will to the said John Quincy. These

pictures were given to me by will of Norton Quincy, only son of the said

John Quincy.

“23rd. I give and bequeath to my friend the Reverend Dr. Nathaniel L.

Frothingham, a seal with a device of an oak acorn, and the motto ‘alteri

seculo’ as a small token of my personal esteem and friendship for him.

“24th. I give and bequeath to my friend Dr. George Parkman of Boston a

seal enchased with the image of General George Washington as a small

token of the esteem and affection which I bear to him.

“25th. I give and bequeath to my grandson John Quincy Adams my

Chronometer made by French, bearing his initials, being the same as my

own, to be kept by his father until he shall think proper to deliver it

to him.

“26th. I give to my granddaughter Mary Louisa Adams, my seal bearing a

Lion engraved upon a Silesian stone, which I had engraved there at the

time of my tour through that country; the gold medal presented to me by

the Corporation of the City of New York struck on the opening of the

Grand Canal, the silver cup with the inscription ‘Circes pocula

nosti’--and the seal engraved on a Sardonyx with my cipher on one side

and the Boylston arms on the other. I give all other medals, coins, or

presents of small value which I have received, a silver wafer box, and

pair of portable candlesticks, my own cushion, seal at arms on a

cornelian and my seal with the device of the Eagle and Lyre to my son

Charles Francis Adams. Also a bronze medal given to me by Commodore

Jesse D. Elliot struck by his order in honor of Thomas Cooper Esqr. and

also another medal in silver which he directed to be given to the

historical society of Rhode Island, refused by that society shortly

before his death and held by me subject to their order. Also the history

of the Croton Aqueduct a present from the City of New York.

“27th. I give to my daughters in law Mary Catharine Adams, widow of my

son John Adams, and to Abigail Brown Adams, wife of my son Charles

Francis Adams, one hundred dollars each to purchase some permanent token

of remembrance of me which they may leave to their daughters; and I

further give to my said daughter Mary Catherine Adams the clock with the

device of Penelope in my chamber at Washington.

“28th. I give to my nephew and namesake John Quincy Adams my small seal

with my cipher engraved upon a cornelian; and a pair of gold sleeve

buttons, with the motto ‘aequam memento servare memtem’ which I wore

when I was President of the United States.”

He gives to each of his two granddaughters, Mary Louise Adams, daughter

of his son, John Adams, deceased, and to Louisa Catherine Adams,

daughter of his son, Charles Francis Adams, one-half of the sums

deposited in his name in the Institution for Savings in the City of

Boston, the said sums to remain on deposit there until the thirteenth

day of August 1852, when the younger of the two would, if living, attain

the age of twenty-one years.

“30th. I also give to my son Charles Francis Adams and to his heirs and

assigns the Pew numbered Fifty four in the Stone Meeting house at

Quincy, also the Pew in the Gallery Numbered Five, and the family tomb

in the grave yard opposite the said meeting house.

“31st. I also give to my wife Louisa Catherine Adams the pew which I own

in St. Johns Church at Washington, and also the pew which I own in

Christ Church at Quincy.

“32nd. I give and devise to the supervisors of the Adams Temple and

school fund at Quincy all the remaining pews in the Stone Meeting house

at Quincy of which I retain the property to be by them held or sold as

in their judgment shall be deemed best; and the proceeds of the same

shall be applied to the erection of a stone school house over the cellar

which was under the house formerly built by the Reverend John Hancock,

conformably to the deed of gift of my deceased father John Adams, of the

twenty fifth of July in the year eighteen hundred and twenty two to the

Inhabitants of the Town of Quincy.

“33rd. I give and bequeath to my cousin Louisa Catherine Smith the sum

of fifty dollars per annum as an annuity to be paid by my Executor

during her life and as a slight token of my regard for her.

“In testimony whereof I have hereunto set my hand and seal at the City

of Boston this Eighteenth day of January in the year of our Lord

eighteen hundred and forty seven.

“JOHN QUINCY ADAMS.”

WILL OF CAPTAIN JOHN ALDEN

The gravestone of Captain John Alden, who died at Boston, Massachusetts,

on the 14th day of March, 1702, at 5 o’clock in the afternoon, at the

age of seventy-five, is now in the porch of the New Old South Church. He

was the son of John Alden who was engaged in making repairs on the

_Mayflower_ at Southampton, and sailed in her with the Pilgrim Fathers,

afterwards marrying Priscilla Mullens, whose name is familiarized by

Longfellow’s poem, “The Courtship of Myles Standish.”

Captain John Alden’s will is dated the seventeenth day of February,

1701. He directed that his body should be decently buried, at the

discretion of his executors in said will named. After the payment of his

just debts and funeral expenses and legacies, the remainder of his

estate in “housing, lands, money, plate, debts, goods & moveables

wheresoever lying or to be found,” was to be divided into five equal

parts or shares: one part was to be given to his son, John Alden, and

the remaining fifths divided among other children and grandchildren. And

his children are given the liberty of using his kitchen “for washing,

brewing and baking” and all his garden “for the hanging and drying of

their cloathes.”

WILL OF BENEDICT ARNOLD

Benedict Arnold, the traitor of his country, died in London, June 14,

1801. Any one interested in seeing the original of his will can find it

in the Recorder’s Office at Somerset House, London. As many of our

readers will be interested in knowing how he ended his days, his last

will is here given in full:

“I, Benedict Arnold of the city of London, being of sound mind and

memory, do make and constitute this my last will and testament in manner

following:

“Imprimis. It is my will that all my just debts and funeral expenses be

first paid, the latter I request may be only decent, but by no means

attended with any expense that can be possibly avoided.

“Item. I give to my sister Hannah Arnold forty pounds sterling per annum

during her natural life, to be paid to her annually out of the interest

of such monies or income of such estate as I may die possessed of,

provided she shall and does give up to my heirs or executors all

obligations that she may have against me and also does relinquish all

claims against my estate except for the annuity before mentioned.

“Item. I give and bequeath to my sons Richard and Henry all sums of

money that they are in anywise indebted to me and having in the course

of the last and present year written to them to draw Bills of Exchange

upon me in London for the following sums of money, vizt: one hundred and

eighty pounds sterling (to make up a sum of three hundred pounds part of

which I have paid to them) to enable them to build and stock their farm

in Canada, also two hundred and thirty pounds sterling to enable them to

pay two protested Bills as also three hundred and sixty pounds sterling

to enable them to pay all their debts due in January 1801, to the total

amount adding these sums, of seven hundred and seventy pounds sterling.

I give and bequeath the before mentioned sums of money to my sons

Richard and Henry equally, and it is my will and pleasure that their

Bills of Exchange for the before mentioned sums be honored by my

executors and paid out of the estate I may die possessed of.

“Item. I give, devise and bequeath to my beloved wife, heirs, executors

and administrators all my estate both real and personal that I may die

possessed of, after paying my debts and legacies as before and

hereinafter mentioned, for her own use and benefit during her continuing

a widow and to be disposed of among all my children at her death, as she

may think proper not doubting her doing them all equal justice; but

should she marry again, then it is in that case my will and pleasure

that all my property shall be divided among my children upon her second

marriage, and in that case I do hereby give, devise and bequeath all my

estate both real and personal that I now have or may die possessed of to

my children to be divided among them in such equal proportions as my

beloved wife shall think just and proper, consideration being had for

the sums of money that they have already received and that have been

expended upon them for their education &c; and consideration being also

had to their respective ages and situations in life not doubting that

she will do them all equal justice as she well knows it is and has

always been my intention (as my affection has been equally divided

amongst them) to make an equal provision for them all.

“Item. I give, devise and bequeath to John Sage, now in Canada living

with my sons there (being about fourteen years of age) twelve hundred

acres of land being part of a Grant of thirteen thousand four hundred

acres of land made to me as an half-pay Officer for myself and family by

Order of the Duke of Portland by his letter directed to Peter Russel

Esquire President of the Council in Upper Canada, dated the 12 June

1798, which said 1200 acres of land I give to him to be counted

altogether in one place out of the before mentioned grant as my

executrix may judge equal and fair. I also do hereby give and bequeath

to the said John Sage twenty pounds per annum to be paid to my sons

Richard and Henry for his use for board cloathing and education until he

shall be of the age of twenty-one years, to be paid out of the estate I

may die possessed of. I also give and bequeath to the said John Sage

fifty pounds, to be paid to him when he shall attain the age of twenty

one years. I do hereby constitute and appoint my beloved wife sole

Executrix to this my last will and testament and in case my wife should

marry again or die intestate I do hereby constitute and appoint Miss Ann

Fitch and Miss Sarah Fitch of Devonshire Street joint trustees to manage

my estate and carry this my will into execution, and they are hereby

authorised (should it be necessary to sell any part of my real estate

for that purpose) to give receipts to the purchasers for the purchase

money, which shall be considered as good and valid; but should my wife

die intestate I do hereby give, devise and bequeath to all my children

all my estate both real and personal that I may die possessed of, after

paying my legacies &c. to be divided among them in the following manner,

vizt: the whole to be divided into twelve equal shares & to Sophia I

give four shares, to William I give two shares, to George I give two

shares, and to Richard, Henry, Edward and James I give each one share,

and I do hereby appoint the before named trustees to see the same

carried into execution, and I do hereby constitute and appoint my

beloved wife sole Executrix of this my last will and testament, in

witness whereof, I have hereunto set my hand and seal in London this

30th day of August in the year of our Lord one thousand eight hundred.

“BENEDICT ARNOLD.”

WILL OF JOHN JAMES AUDUBON

John James Audubon died January 27, 1851. His will is a short document

and is as follows:

“In the Name of God Amen.

“I, John James Audubon of the City and State of New York do make and

publish this my last Will and Testament as follows:

“1st. First: I order and direct that all my just debts and funeral

expenses be paid as soon after my decease as conveniently can be done.

“2d. Second: I give devise and bequeath to my wife Lucy Audubon and to

my two sons Victor Gifford Audubon and John Woodhouse Audubon all my

real and personal property of whatever nature or kind soever excepting

my household furniture articles of silver and silver plate share and

share alike.

“3rd. Thirdly: I give, devise and bequeath to my wife all my household

furniture articles of silver and silver plate.

“Lastly. I nominate, constitute and appoint my said two sons Executors

and my wife Executrix of this my last Will and Testament hereby revoking

and annulling all other and former Wills by me made.

“In witness whereof I have hereunto signed my name and affixed my seal

this nineteenth day of April in the year of our Lord one thousand eight

hundred and forty one.

“JOHN JAMES AUDUBON.”

WILL OF PHINEAS TAYLOR BARNUM

Phineas Taylor Barnum died April 7, 1891. The Probate Court of

Bridgeport, Connecticut, will, on request, furnish you with a copy of

his will; it would seem that printer’s ink is used by Barnum’s

executors, following the testator’s example, for the will is in the

shape of a booklet containing fifty-three pages, and is the most lengthy

testamentary document which has come under our observation. The legacies

and gifts under it exceed one hundred and fifty in number and several

million dollars in amount. Then are added to the will, eight codicils of

unusual length and of great particularity. The will itself is dated the

30th day of January, 1882, the last codicil, the year in which he died,

1891.

By the will, the testator gives an annuity of $9000 to his wife, Nancy,

together with the use of certain personal property; there is also given

her, the use for life of his residence, “Waldemere,” which was a villa

in imitation of the Brighton Pavilion. He says: “I love the pleasant

city of my adoption (Bridgeport), and ardently hope for its moral and

material improvement; a large share of my income, during my residence

here of nearly forty years, has been devoted to its public and private

charities, and to improving and developing its parks, avenues, and its

waste places, erecting houses, factories, &c. Having thus preferred to

see my money used here, under my own eyes, rather than to leave it to be

used by others.” There is an annuity of $1500 given a daughter, Helen,

during her natural life, subject to certain legacies and annuities; the

residue of his estate is placed in the hands of trustees to be divided

equally between a daughter, Caroline C. Thompson, the children of a

deceased daughter, Pauline T. Seeley, and the children of a daughter,

Helen M. Buchtel. The old family Bible, the bust of Jenny Lind, and the

contract with Jenny Lind, are given to his daughter, Caroline: seven

gifts of books are made to publishers, “as a faint recognition of the

Public Press, to which I am so much indebted.”

From the profits of the “show business,” the executors are directed to

reserve a fund of $200,000, “to meet the outlays yearly required for the

successful prosecution of said business in an honorable, respectable and

strictly moral manner with a view to refine and elevate such recreations

and to edify and instruct as well as innocently amuse those who attend

them; and the agents employed for the purpose must be qualified and of

temperate habits, and undoubted integrity.”

By the first codicil, a diamond stud is given to his wife, Nancy, to be

hers absolutely: numerous bequests are made, many of them for charitable

purposes, including an endowment fund for “Barnum Institute” for

scientific purposes. The testator states, that having no son, the name

Barnum will not be continued, and on condition that his grandson,

Clinton H. Seeley, will call himself Barnum Seeley, and take legal steps

to change his name, he is to receive $25,000.

In codicil number two, numerous bequests and legacies are made, and an

estimated value of three million dollars is placed on his estate.

Reference is made to a gift of $2500 for “preaching the Gospel and

distributing Universalist Literature.”

Codicil number three revokes certain provisions of codicil number one.

Codicil number four contains legacies to Tufts College, the Barnum

Museum of Natural History, Bridgeport Scientific Society, and other

institutions, including the “Boys’ Club” and “Girls’ Club” of

Bridgeport.

Codicil number five gives to the city of Bridgeport $1000 for the

erection of a statue of Henry Bergh, the founder of the society for the

prevention of cruelty to animals. To his wife, Nancy, he gives,

absolutely, $100,000 and $40,000 a year during her natural life, these

in lieu of the legacies and annuities given her by the will and former

codicils.

Codicil number six directs that Thomas Ball, a sculptor, of Florence,

Italy, be consulted with reference to a piece of ornamental statuary to

be placed on the testator’s burial lot, not to exceed in cost $8000.

Codicil number seven gives $500 to his family physician, as a mark of

gratitude.

Codicil number eight mentions the erection of a building in Bridgeport,

to be known as “The Barnum Institute of Science and History.”

WILL OF HENRY WARD BEECHER

Henry Ward Beecher died March 8, 1887. His will is as follows:

“In the Name of God, Amen.

“I, Henry Ward Beecher, of the City of Brooklyn, and State of New York,

hereby revoking all, other and former Wills by me heretofore made, do

make, publish and declare this to be my last Will and Testament.

“I. I hereby authorize and direct my Executors, or such of them as shall

qualify, upon my death to collect and receive the amount of my life

insurance, to invest the same, and to pay the proceeds of such

investment to my wife during her life, in equal quarter yearly payments.

“II. I hereby give, bequeath and devise unto my executors, or such of

them as shall qualify, the rest, residue and remainder of my estate,

both real and personal, of every kind, in trust for the benefit of my

children. And I hereby direct that my said Executors, distribute and

apportion my said estate, among my said children, in such manner and

form, and at such time or times, as shall in their Judgment be for the

best interest of my said children; giving unto my said Executors full

powers to sell and Mortgage such and so much of my real and personal

property, as they shall deem best, and to invest or distribute the

proceeds of such sale or sales, as herein provided.

“III. It is my Will, that, if any of my said children should die, before

the complete distribution of my estate as above provided, leaving issue

them surviving, that such issue shall stand and take in the place and

stead of their parent, taking _per stirpes_, and not _per capita_.

“IV. I hereby nominate, constitute and appoint my sons, Henry B.

Beecher, William C. Beecher and Herbert F. Beecher, all of Brooklyn, New

York, and my son-in-law, Rev. Samuel Scoville, of Norwich, New York, the

Executors and Trustees of this my will, and it is my will that no bonds

shall be required of them or either of them.

“July 11th 1878. “HENRY WARD BEECHER.”

WILL OF THOMAS H. BENTON

Thomas H. Benton died April 10, 1858. His will is as follows:

“I, Thomas H. Benton of the State of Missouri, now in the City of

Washington in the District of Columbia, do make and publish this my last

will and testament, hereby revoking any and all wills made by me at any

time heretofore.

“I hereby constitute and appoint my sons in law William Carvey Jones,

John C. Fremont and Richard Taylor Jacob, and my friends Montgomery

Blair and Samuel Phillips Lee, to be executors of this my last will and

testament.

“After the payment of my just debts and charges, should there be any

such at the time of my death, I dispose of my estate as follows:

“I give, devise and bequeath to my said executors and the survivor of

them, and the heirs, executors, administrators and assigns of such

survivor, my house and lot on C Street in said Washington city, now

occupied by me, with all my furniture and other personal property,

except my books, in trust to hold the same to the sole and separate use

of my daughter Mrs. Eliza P. C. Jones, free from any control by, or

liability for or on account of, her present or any future husband, and

subject to such direction as to the disposition of the same as she may

at any time give in writing to my said executors and trustees or to any

of them; and should she in writing direct the said property, or any part

thereof, to be commuted for other property, then to hold the property so

received in commutation on the same trust as aforesaid. It is my

intention and will that my said daughter Mrs. Eliza P. C. Jones may, if

she be so pleased, direct the property hereby devised in trust for her,

or any part thereof, to be sold, and receive and enjoy the proceeds of

such sale.

“I give and bequeath all my library of books to my said son-in-law

William Carvey Jones.

“I hereby will and direct that out of the first moneys which may be paid

to my estate under subsisting contracts for a certain number of years

with Messrs. Appleton & Co. of New York, publishers of my literary

works, and out of the first proceeds of the sale thereof, my said

executors shall pay to my daughter Mrs. Eliza P. C. Jones the sum of ten

thousand dollars, and to my daughter Mrs. Susan T. Boileau the sum of

five thousand dollars, or invest the same in trust for their sole and

separate use respectively, as they may respectively direct,--and that my

said executors shall divide the residue of the moneys which may arise,

as the same shall be received from my literary works, equally among my

four daughters Mrs. Eliza P. C. Jones, Mrs. Jessie Ann Fremont, Mrs.

Sarah McD. Jacob and Mrs. Susan T. Boileau, or invest the same in trust

for their sole and separate use respectively, as they may respectively

direct.

“And I hereby will and direct that it shall be competent for any two of

my aforesaid Executors and Trustees, to do any act in relation to the

premises which the whole five could do. In witness whereof I have hereto

set my hand and seal this thirteenth day of September in the year

eighteen hundred and fifty-seven.

“THOMAS H. BENTON.”

WILL OF JAMES G. BLAINE

James G. Blaine died January 27, 1893. His will is a brief instrument,

and is as follows:

“I, James G. Blaine of Augusta in the State of Maine, at present

residing in the City of Washington, D.C., being of sound and disposing

mind and memory do make, publish and declare this to be my last will and

testament hereby revoking all former wills by me at any time made.

“1. I direct my executor hereinafter named to pay my just debts and

funeral expenses.

“2. I give and bequeath to my daughter Margaret, to my son James, and to

my daughter Harriet, to each the sum of fifty dollars:

“3. I give and bequeath to my grandchildren Emmons Blaine, Blaine

Coppinger and Conor Coppinger, to each the sum of twenty five dollars:

“4. All the rest and residue of my property, real, personal or mixed

wheresoever situate which I now own or may hereafter acquire and of

which I shall die seized or possessed I give, devise and bequeath

absolutely and in fee simple to my wife Harriet S. Blaine, her heirs and

assigns forever:

“5. I name, constitute and appoint my said wife Harriet S. Blaine,

Executrix of this my last will and testament, and I request that my

Executrix be not required to give bond for the performance of her duty

as such.

“Witness my hand this seventh day of January A.D. 1892.

“JAMES G. BLAINE.”

WILL OF EDWIN T. BOOTH

Edwin T. Booth died June 7, 1893. His will is as follows:

“I, Edwin Thomas Booth, Actor, do make, publish and declare this my last

Will and Testament.

“First: I order and direct that all my just debts be paid as soon after

my decease as may be practicable.

“Second: I give and bequeath to my Brother Joseph A. Booth, Ten thousand

($10,000) dollars.

“To my niece Marie Booth Douglass, Ten thousand ($10,000) dollars.

“To my nieces and nephews Asia, Clarke Morgan, Andrienne Clarke, Junius

B. Booth, Sidney Booth, Creston Clarke and Wilped Clarke, to each Five

thousand ($5000) dollars.

“To my Cousins Charlotte Mitchell of Baltimore and Robert Mitchell of

North Carolina, to each, Twenty-five hundred ($2500) dollars.

“To my friend Mrs. Maria Anderson, Five thousand ($5000) dollars.

“To my friends John H. Magonigle and his wife Catherine, to each Ten

thousand ($10,000) dollars.

“To my friend Mrs. Margaret Devlin, a sister of Mrs. Catherine

Magonigle, Five thousand ($5000) dollars.

“To the ‘Actors Fund,’ the ‘Actors Order of Friendship,’ both of the

City of New York, the ‘Actors Order of Friendship’ of Philadelphia, the

‘Trustees of the Masonic Hall and Asylum Fund of New York’ and the ‘Home

for Incurables’ at West Farms, New York, to each, Five thousand ($5000)

dollars.

“Third. I order and direct that my Executors transfer and convey all the

rest, residue and remainder of my estate, real and personal to the

Central Trust Company of New York, as Trustee for the following uses and

purposes: That said Trustee invest and re-invest the same and pay the

income thereof to my daughter Edwina Booth Grossmann during her natural

life and upon her sole and separate receipt, and that upon her decease

the said Trustee divide the said principal of said Trust together with

the income accrued thereon into as many parts as my said daughter shall

leave children her surviving, the issue of any deceased child of my said

daughter counting one in making such division and pay the income of one

of such portions to each of her said children until he or she shall

attain the age of twenty one years, in which event, the principal of

such portion shall be paid to him or her.

“In the event any of her children shall die before attaining the age of

twenty one years without leaving issue the portion which he or she would

have received if living at that age, shall be divided, added to and

disposed of as part of the portions of the other children surviving or

of their issue if deceased.

“The issue of any deceased child of my said daughter shall in every

event take what its parent would have taken if living at the time of the

decease of my daughter.

“Fourth: I authorize and empower my Executors or any of them who may

qualify as such Executors their survivor or survivors, successor or

successors to sell and convey at Public Auction or private sale and upon

such terms as they may approve any or all of the real or personal estate

of which I shall die possessed wheresoever the same may be situate.

“Fifth: I authorize and empower my Trustee hereinbefore named or its

successor in said Trust, to hold and retain any security, bonds, stocks

or investments of which I shall die possessed as part of the said Trust

fund to be held by it under this my Will.

“Sixth: I hereby nominate and appoint my friends Elias C. Benedict,

William Bispham and John H. Magonigle, all of New York City, Executors

of this my last Will and Testament hereby revoking all other and former

Wills by me made and I request that no bond or other security be

required from my said Executors for the faithful performance of their

trust.

“In Witness Whereof I have hereunto signed my name and affixed my seal

this Fifteenth day of June A.D. 1892.

“EDWIN T. BOOTH.”

WILL OF DAVID J. BREWER

David J. Brewer, late Chief Justice of the United States, died on March

29, 1910.

His will, together with a codicil thereto, is as follows:

“In the name of God; Amen--

“I David J. Brewer being of sound mind & memory do make publish &

declare the following to be my last will & testament--

“Item First--

“I give & devise my home No. 1923--16th Str. N. W. Washington D.C. to my

wife Emma M. Brewer--the legal title is now in her--Probably this is

sufficient, but as most of the cost was paid by me, I make this devise

to avoid all question--

“Item Second--

“I give devise & bequeath to my daughters Harriet B. Jetmore, Henrietta

B. Karrick & Elizabeth B. Wells, share & share alike, my cottage at

Thompson’s Point with all the personal property in or connected with

it--On the 35th anniversary of my marriage to my then wife Louise L.

Brewer I deeded this property to her--whether such a deed from husband

to wife is good under the laws of Vermont I do not know & so make this

devise & bequest to avoid all question of our children’s full title--

“Item Third--

“I have $30,000 life insurance which was made payable to my wife Louise

L. Brewer--I find in the several policies different provisions

respecting the beneficiaries in case of her death--To carry out the

intent with which these policies were taken out I give & bequeath to my

said daughters, share and share alike, those policies & all sums which

may be due thereon--The policy in the N. Y. Mutual provides for a 20

year 5 per ct. gold bond--I desire that this be taken out in the name of

Harriet B. Jetmore & be her share in said life insurance--I prefer a

registered bond if obtainable--

“Item Fourth--

“I give & bequeath to my wife Emma M. Brewer all the furniture,

including therein pictures, in my home, which has been purchased since

our marriage--

“Item Fifth--

“I give & bequeath all other personal property to my said daughters

share & share alike--

“I appoint my wife Emma M. Brewer & my son in law James L. Karrick to

execute this my will & desire that no bonds be required of them.

“In witness whereof I have hereto signed my name this 25th day of Oct.,

1906.

“DAVID J. BREWER.”

CODICIL TO THE FOREGOING WILL

“I David J. Brewer the testator in said will attach thereto & make the

following additional provisions--

“Item (1) The gold watch given me by the lawyers of Leavenworth County,

I give unto my grandson David Brewer Karrick--the watch given me by my

wife Emma M. Brewer I give to her grandnephew David Brewer Hall--the

ring I wear on the little finger of my left hand given me by my wife

Louise L. Brewer I give to my grandson David Brewer Jetmore--my scrap

books & the books edited by me as well as the bound volumes of my talks

& writings I give to my daughter Etta B. Karrick--the Bible given me by

my wife Louise L. Brewer I give to my granddaughter Harriet Louise

Jetmore--Out of my other personal property I wish my executor &

executrix to select for each of my grandchildren not specifically named

herein some suitable article as a special gift from grandfather--

“Item (2) I wish to be buried in Leavenworth by the side of my wife

Louise L. Brewer--

“Item (3) In case of the death of my wife Emma M. Brewer before my own

death then I direct that all the gifts to her are annulled & revoked &

my entire property with the special bequests excepted I give devise &

bequeath to my daughters share & share alike--In witness whereof I have

hereto set my hand & seal this 7th day of March 1908.

“DAVID J. BREWER.”

WILL OF AARON BURR

Aaron Burr died September 14, 1836. His will is in part as follows:

“I, Aaron Burr, of the City of New York, now residing at number 23

Nassau Street, do make and publish this my Last Will and Testament as

follows: I appoint Matthew L. Davis, Peter Townsend, and Henry P.

Edwards, Attorney and Counsellor at Law, my Executors. I give the charge

and custody of my private papers to the said M. L. Davis, to be disposed

of at his discretion. I propose in a Codicil to be hereunto annexed to

give a list of my debts, and to point out the resources from which they

are to be paid, and I authorize my said Executors to settle all suits

and claims which I may have against any person whatsoever, and to give

receipts and acquittances thereupon, and to sell any land or real estate

to which I may be entitled at the time of my death, and to give deeds

therefor. And I do hereby revoke and annul all former and other Wills

and Testaments by me made. In Testimony whereof I have hereunto

subscribed my name, this twenty-first day of April, in the year of our

Lord one thousand eight hundred and thirty four.

“A. BURR.”

“Witnesses:

“Charles F. Hill,

“Henry Oscar Taylor.”

* * * * *

There are three codicils of considerable length to this will. A part of

one codicil reads as follows:

“I direct that all my private papers, except my law papers appertaining

to suits now depending, be delivered to my friend, Matthew L. Davis,

Esq., to be disposed of at his discretion, directing him nevertheless to

destroy or to deliver to the parties interested, all such as may in his

estimation be calculated to affect injuriously the feelings of

individuals against whom I have no complaint.”

Another item reads:

“I give to my friend and kinsman, Theodosia Provost, the picture of my

daughter, which is enamelled on a china cup, which is believed to be in

the upper drawer of my yellow desk.”

WILL OF BENJAMIN F. BUTLER

Benjamin F. Butler died January 11, 1893. A copy of his will, together

with a codicil thereto, is as follows:

“In the Name of God Amen. I, Benjamin F. Butler of Lowell, Esquire,

being of sound and disposing mind and memory do make and publish this my

last will and testament.

“First. After payment of all my just debts and liens--upon my estate I

direct as much thereof as will raise the sum of one hundred and forty

dollars <u>nett</u> income to be securely invested and said amount paid

semi-annually to my Mother Charlotte Butler, which with the Estate upon

Willow Street, of which I have given her a life lease upon a nominal

Rent is all that I feel myself able to secure to my Mother for her

declining years, and I hope and trust that my brother Andrew will add

enough to make her independent as I have endeavored to relieve her from

want. This sum to be paid her during her natural life or <u>untill</u> she

shall <u>recieve</u> a pension from Government equal at least to such sum

during her said life.

“Second. All the rest and residue of my estate real personal or mixed,

saving some specific legacies I bequeath and devise as follows: The use

and improvement of one entire and just third thereof to my wife Sarah H.

Butler during her natural life whether she shall remain sole after my

decease or marry again. But in case of her marriage then to be her

<u>seperate</u> estate free from all control of her husband.

“Third. The remainder of my estate is to be equally divided between the

children of myself and wife _in esse_ at the time of my decease. The

portion thereof which may go to any female child of mine to be her own

<u>seperate</u> estate and free from all control of her husband whensoever she

may marry.

“Fourth. To my Brother Andrew my seal ring with my love in token of

affection.

“Fifth. To F. A. Hildreth my watch & chain and I commend to his care my

wife and children; he knows my affairs and will deal justly by them;

and,

“Lastly, I appoint my beloved wife sole executrix of this my last will &

testament with full faith that right will be done to all.

“Signed, sealed and published as my last will and testament in presence

of the <u>witness</u> whose names are hereto affixed this third day of July in

the year one thousand eight hundred and fifty four.

“BENJ. F. BUTLER.”

“Be it remembered that I, Benj. F. Butler, the above named testator

being about to depart upon a dangerous service do alter this my last

will and testament in this. Having sold the estate on Willow Street

herein spoken of and bought another whereon my mother now lives,

consisting of two houses one of which is now rented, I devise and

bequeath to my Mother the use and improvement of all said estate during

her natural life instead of the estate sold. This with the sum of money

bequeathed to her or her pension will take care of her in comfort during

her life.

“Witness my hand and seal, published as my last will and codicil this

twentieth day of February in the year one thousand eight hundred and

sixty two.

“BENJ. F. BUTLER.”

WILL OF SALMON P. CHASE

Salmon P. Chase died May 7, 1873. A copy of his will is as follows:

“I appoint Henry D. Cooke of Washington, sole Executor of this my last

Will and Testament.

“I require that all my just debts be paid and discharged from the assets

which will come into his hands.

“Of the residue it is my will that an income at Seven per cent on Six

Thousand Dollars be paid to my Niece, Jane Auld, during her life, and

that if her daughters survive her that the principal thereof be paid to

them equally.

“It is my further will that of the residue of my Estate there be

transferred to the Wilberforce University, Nine Thousand Dollars, in a

bond or bonds of the Western Union Telegraph Company, and One Thousand

Dollars in a bond of the Cleveland and Pittsburg Railroad Company; and

to Dartmouth College Three Thousand Dollars in the bonds of the

Washington and Georgetown Railroad Company, and Seven Thousand Dollars

in the bonds of the Warren and Franklin Railroad Company.

“It is my will that whatever sum may be due to me from my late brother

Edward I. Chase, may be wholly remitted to his widow and administratrix,

of Lockport, N.Y.

“I bequeath the picture of Chief Justice Marshall, presented to me by

the members of the Bar and other citizens of New York, to the United

States for the use of the Supreme Court.

“It is my will that the remainder of my Estate be distributed in equal

parts to my two dear Children, Katharine Chase Sprague and Janet Ralston

Chase.

“I commit my Soul to the mercies of God, in Christ Jesus our Saviour,

through the Holy Spirit.

“Signed and sealed in the presence of Jacobs W. Schuckers and R. C.

Parsons as my last Will and Testament this 19th day of November in the

year of Our Lord One Thousand Eight Hundred and Seventy.

“S. P. CHASE.”

WILL OF HENRY CLAY

Henry Clay died June 29, 1852. After the usual formal opening, his will

has the following provision:

“I give and devise to my wife during her life, the use and occupation of

Ashland, with the exception of the piece thereof hereinafter devised to

my son John, and also during her life all my slaves except those

heretofore or hereinafter otherwise disposed of without her being liable

to any account for the profits thereof. I also give to her in fee all my

furniture, plate, paintings, library, carriages and Horses, and such of

my other horses, mules, working beasts, Milch Cows and other live stock

as she may select and choose to retain but upon this condition

nevertheless, that either during her life, or by her last Will and

Testament she dispose of the same among our children and our other

descendants in such way as she may think proper according to her own

sense of their kindness, affection and obedience to her. If she die

without making such disposition the same is to be considered as part of

my residuary estate.

“Should my wife not desire to reside at Ashland after my death I will

and direct that a house and lot be purchased, built, or rented for her

wherever she may prefer to dwell.”

The next provision invests his executors with full power and authority

to sell and convey any part of his estate wherever situated, which is

not in the will specifically devised or bequeathed. He next directs that

in the event of the sale of his Ashland property, the proceeds shall be

loaned out upon good and sufficient security, and that the interest

accruing thereon be regularly paid to his wife during her life, and upon

her death, the property in trust should pass into his residuary estate

after the payment of the legacies mentioned in the will.

Unto his son Thomas, he devises the place known as Mansfield, where the

son resided, in trust, however, that it should be retained free from all

debts or encumbrances as a residence for the son and his wife and

children.

There is given to the son, Thomas, the sum of five thousand dollars, and

he was acquitted from any debts which he owed the testator.

Unto his son John, he gives two hundred acres of the Ashland estate, to

be taken off the south side thereof. He also gives to his son John,

certain slaves, Harvey, Milton, Henry and Bob. There is also a gift to

the son John, of certain horses, particularly “Margaret Woods and her

Harold filly.”

The next reference is to his son Theodore, and he directs that “during

his unhappy alienation of mind, he shall be decently and comfortably

supported in whatever situation it may be deemed best to place him. If

it should please God to restore him to reason, I will and direct that

after the death of my wife, out of the proceeds of the sale of Ashland

and other property herein directed to be sold the sum of ten thousand

dollars be paid to him without interest.”

Unto the children “of my lamented Daughter Anne,” he gives the sum of

seven thousand five hundred dollars, to be equally divided between them

to be paid without interest after the death of his wife.

Unto the children of his son Henry, he gives the sum of seven thousand

five hundred dollars, in addition to what had been given their father,

to be equally divided between them.

Certain general provisions of the will are as follows:

“I give to my son Thomas my stock in the Lexington and Richmond Turnpike

Road Company.

“I give to my grandson Henry, son of Henry, my breast pin containing his

Father’s hair.

“I give to my grandson Henry Boyle, son of my son Thomas, the gold watch

which I wear presented to me by my friend Dr. Mercer.

“I give to my friend Dr. B. W. Dudley the gold snuff box presented to me

by Dr. Huntt late of Washington City.

“I give to my friend Dr. W. N. Mercer my snuff box inlaid with gold said

to have belonged to Peter, the great Emperor of Russia.

“I give to my friend Henry T. Duncan my ring containing a piece of the

Coffin of General Washington.

“I give to my granddaughter Lucy my diamond gold ring.

“I give to each of my sons Thomas, James and John one of my walking

canes to be chosen by them in the order in which I have named them; my

wife may distribute the residue of my walking canes and snuff boxes

among such of our descendants or friends as she may think proper.”

The next item of interest in the will is with reference to the slaves

owned by Mr. Clay, and as it reflects his views upon the subject of

slavery, we quote it in full:

“In the sale of any of my slaves I direct that the members of families

shall not be separated without their consent.

“My will is and I accordingly direct that the issue of all my female

slaves, which may be born after the first day of January, 1850 shall be

free at the respective ages of the males at twenty eight and of the

females at twenty five and that the three years next preceding their

arrival at the age of freedom, they shall be entitled to their hire or

wages for those years or the fair value of their services to defray the

expense of transporting them to One of the African Colonies and of

furnishing them with an outfit on their arrival there. And I further

direct that they be taught to read, to write and to Cipher, and that

they be sent to Africa. I further will and direct that the issue of any

of the females who are so to be entitled to their freedom at the age of

twenty five shall be deemed free from their birth, and that they be

bound out as apprentices to learn farming or some useful trade upon the

condition also of being taught to read, to write and to Cipher. And I

direct also that the age of twenty one having been attained, they shall

be sent to one of the African Colonies; to raise the necessary funds for

which purpose, if they shall not have previously earned them, they must

be hired out a sufficient length of time.

“I request and enjoin my Executors and descendants to pay particular

attention to the execution of this provision of my will, and if they

should sell any of the females who or whose issue are to be free I

especially desire them to guard carefully the rights of such issue by

all suitable stipulations and sanctions in the contract of sale. But I

hope that it may not be necessary to sell any such persons who are to be

entitled to their freedom but that they may be retained in the

possession of some of my descendants.”

All the rest, residue and remainder of his estate, after the death of

his wife, and which is not needed to pay the legacies mentioned, nor for

debts,--and he states, “I hope to leave none,”--he directs shall create

a trust fund, a portion of the revenue from which shall be used for the

comfortable support of his son Theodore; the remainder to be divided in

equal portions between the sons Thomas and James during their lives,

and to their respective heirs upon their deaths. He directs that the

trust fund shall be invested in loans upon good security, so that the

interest may be collected annually, and the sons Thomas and James are

permitted to borrow the trust fund upon proper security. The sons Thomas

and James are given the power to dispose of the trust fund by will, but

in default of wills, the same shall pass to their heirs, under the

Kentucky law.

Within five years after the death of the testator, the Trustees are

directed to place in the residuary estate the sum of ten thousand

dollars, given to the son Theodore, if he fails to be restored to

reason.

A codicil to the will is in the following words:

“I give to my grandson Harry Clay, son of James B. Clay my Scotch pebble

seal which has on it the initials of my name.”

WILL OF SAMUEL L. CLEMENS (Mark Twain)

Samuel L. Clemens died April 21, 1910; his will is dated August 17,

1909. He directs the payment of his just debts and obligations, and his

funeral expenses. Article Second reads:

“I give and bequeath to my daughter Clara Langdon Clemens, her heirs,

executors, administrators and assigns absolutely, five per cent (5%) of

any and all moneys which at the time of my death, may be on deposit to

my credit, and subject to withdrawal on demand in any bank or trust

company, or in any banking institution.”

Article Third is identical, except his daughter Jean Lampton Clemens is

named.

Article Fourth provides that all the rest, residue and remainder of the

estate shall vest in three trustees for certain trust purposes. The

Executors and Trustees named are Jervis Langdon, of Elmira, New York,

Edward E. Loomis and Zoheth S. Freeman, both of New York City, and no

bond is to be required of them as Executors or Trustees.

The residuary estate is divided into two equal parts for the benefit of

the daughters, they to receive respectively, one-half of the income as

long as they live: each daughter is given the right to dispose of her

part of the estate, but failing to do so, and leaving issue, then such

issue to take the mother’s share: but either dying without issue

surviving, without leaving a last will, then that share to be held by

the trustees for the other daughter: and should either daughter become

entitled to the whole estate by the death of the other, then the

trustees, at her death, are to convey the whole trust estate to such

persons as she may by will direct, but in the event the estate is not

disposed of by will, then the trustees are to convey it to the next of

kin of the surviving daughter.

Each executor and trustee is given one vote in determining questions of

administration, and full power is given them in the management, control

and disposition of the estate.

The last article of the will reads in part as follows:

“As I have expressed to my daughter Clara Langdon Clemens, and to my

Associate, Albert Bigelow Paine, my ideas and desires regarding the

administration of my literary productions, and as they are especially

familiar with my wishes in that respect, I request that my executors and

trustees above named confer and advise with my said daughter Clara

Langdon Clemens, and the said Albert Bigelow Paine, as to all matters

relating in any way to the control, management and disposition of my

literary productions, published and unpublished, and all my literary

articles and memoranda of every kind and description, and generally as

to all matters which pertain to copyrights and such other literary

property as I may leave at the time of my decease.”

The testator then states that the foregoing suggestion as to

consultation is subject to a contract with Albert Bigelow Paine for the

publication of his letters and in full recognition thereof, and also

subject to a contract with Albert Bigelow Paine and Harper Brothers with

reference to his biography.

The testator’s daughters are the sole beneficiaries under the will.

WILL OF GROVER CLEVELAND

Ex-President Grover Cleveland died June 24, 1908. The following is an

abstract of the copy of his will, dated at Princeton, New Jersey,

February 21, 1906, which is on file in the Office of the Register of

Wills, Washington, D.C.

He directs that after the payment of all debts and funeral expenses, an

appropriate monument with brief inscription, and only moderately

expensive, be erected at his grave and paid for out of his estate. “I

desire to be buried wherever I may reside at the time of my death, and

that my body shall always remain where it shall be at first

buried--subject to its removal only if it shall be absolutely necessary

in order that it shall repose by the side of my wife and in accordance

with her desire.”

He gives to his niece Mary Hastings, daughter of his sister Anna

Hastings, the sum of three thousand dollars to be paid to her as soon as

practicable after his death; and to each of the four daughters of his

nephew Richard Hastings, then or lately living with his sister Anna

Hastings, the sum of two thousand dollars each.

“_Third._ I give to my friend Richard Watson Gilder, the watch given to

me in 1893 by the said Gilder and E. C. Benedict and J. J. Sinclair--and

also the chain attached to the same when last worn by me.”

“_Fifth._ I give to Frank S. Hastings, my good friend and Executor of

this will, as the most personal memento I can leave to him, the seal

ring I have worn for many years, which was given to me by my dear wife,

and with whose hearty concurrence this gift is made.”

To his two daughters Esther and Marion, and his two sons, Richard F. and

Francis G., he bequeaths the sum of two thousand dollars each, to be

paid to them respectively as they each arrive at the age of twenty-one

years, and until these legacies are paid, or shall lapse, they shall be

kept invested, and the income derived therefrom shall be paid to his

wife, and the aggregate of said income, shall be applied by her to the

support, maintenance and education of the said children in such manner

and in such proportions as she shall deem best, without any liability to

any of said children on account thereof. If any of the said daughters,

shall before her legacy becomes payable, cease for any reason to reside

with her mother, then and from that time, the income arising from the

investment of her legacy, shall be paid to said daughter. In case any of

the said children shall die before his or her legacy shall be actually

paid, leaving a child or children, then said legacy shall be paid to

said child or children, but otherwise the said legacy shall lapse and

become a part of the residuary estate disposed of by the instrument.

All the rest and residue of his estate and property he gives to his dear

wife Frances F. Cleveland and to her heirs and assigns forever; and he

appoints her guardian of all his children during their minority.

“_Eighth._ I hereby appoint my wife Frances F. Cleveland Executrix, and

Frank S. Hastings Executor of this my last will and testament.”

WILL OF ROSCOE CONKLING

Roscoe Conkling died April 18, 1888. His will is as follows:

“I, Roscoe Conkling of Utica, N.Y., do make, publish and declare my last

Will and Testament as follows:

“I give, devise and bequeath to my wife Julia, and to her heirs and

assigns forever, all my property and estate whether real, personal or

mixed, and I constitute and appoint my said wife sole executrix of this

my Will.

“In Testimony whereof, I hereto sign my name this 21st of June, A.D.

1867.

“ROSCOE CONKLING.”

WILL OF WILLIAM W. CORCORAN

William W. Corcoran died February 24, 1888. By his will, after numerous

bequests and legacies to friends and relatives, he gives the sum of

seventeen thousand dollars to charitable institutions in the City of

Washington, D.C., and adds, “All these sums to be held and invested by

the institutions to which they are severally given, and a sufficient

part of the income therefrom used to furnish the inmates with the usual

Christmas and strawberry festivals and feasts, commenced by my daughter

about forty years ago, and continued by me to the present time.”

A cane given to the testator by the widow of General Robert E. Lee, he

gives to his eldest grandson, William Corcoran Eustis, as well as his

diamond shirt studs and his library.

To his grandson, George Peabody Eustis, he gives his Palmetto cane,

presented to him by the citizens of South Carolina in 1874.

The celebrated Corcoran Gallery of Art in Washington, is remembered in

the following language:

“In addition to the gifts heretofore made by me to ‘The Trustees of the

Corcoran Gallery of Art’ in the City of Washington, and now being

enjoyed by said Gallery, and which amount to about the sum of

$1,500,000, I give and bequeath to ‘The Trustees of the Corcoran Gallery

of Art,’ in the District of Columbia, the sum of One Hundred Thousand

Dollars to be applied by said Trustees, for the purposes of said

Gallery, according to a request which I shall make in writing to said

Trustees.”

To the Trustees of the Louise Home of the City of Washington, D.C., he

gives the sum of fifty thousand dollars, which he states is in addition

to the sum of five hundred thousand dollars, already given to said

institution.

To his grandson, William Corcoran Eustis, he gives “the old brick house

on Bridge Street in Georgetown, D.C., built in the year 1791 by my

father, and in which I was born,” with the request that the same be not

sold, but that the devisee pass it by will to his eldest son.

The rest of his estate he directs shall, from time to time, be divided

between his grandchildren.

The will concludes with the following items:

“I give and bequeath to my barber George Gray, the sum of One Hundred

Dollars.”

“I hereby direct that all my horsehaired furniture shall be equally

divided between my said grandchildren.”

WILL OF JEFFERSON DAVIS

Jefferson Davis died at New Orleans, Louisiana, December 6, 1889. His

will is as follows:

“I, Jefferson Davis, of the County of Harrison and State of Mississippi,

being of sound and disposing mind, but of such advanced age, as to

suggest a near approach of death, do make this my last Will and

Testament, written with my own hand and signed in the presence of three

competent witnesses.

“1. I give and bequeath to my wife Varina Davis, all of my personal

belongings, including library, furniture, correspondence and the

Brierfield plantation (proper) with all its appurtenances, being and

situated in the County of Warren, State of Mississippi, and being the

same on which we lived and toiled together for many years from the time

of our marriage.

“2. I give and bequeath to Mary Routh Ellis of Philadelphia, Penn., all

of my right, title and interest in and to the ‘Elliston’ plantation,

being and situated in the Parish of Tensas, State of Louisiana, the same

being the place on which her Father resided.

“3. I give and bequeath to Mary Ridgely Dorsey, eldest daughter of

William H. G. Dorsey, of Howard County, State of Maryland, all of my

right, title and interest in and to the ‘Limerick’ plantation, being and

situated in the Parish of Tensas, State of Louisiana, viz. the interest

in and to so much of said plantation as was the property of the late

Mrs. Sarah A. Dorsey.

“4. I give and bequeath to my daughter Varina Anne Davis, all the other

property, real, personal and mixed, which was inherited by me from Mrs.

Sarah A. Dorsey, deceased, and of which I may die seized and possessed.

“5. To my wife, Varina Davis, and to my daughters Margaret Davis Hayes,

and Varina Anne Davis, as residuary Legatees, I give and bequeath all

the property real, personal and mixed of which I may die seized and

possessed, and which has not been disposed of by the preceding articles.

“6. I appoint my tried and true friend Jacob U. Payne, of New Orleans,

La. and my son in law, J. Addison Hayes, Jr., of Memphis, Tenn.

Executors of this my last Will and Testament, they to serve without

bond, and to have immediate seizure and possession of all my property

cotemporaneously with the happening of my death, and to each I delegate

the power to select and appoint his successor, to take effect in the

contingency of the death of either, before the affairs of the estate

have been finally settled.

“In testimony whereof this Will written by my own hand is signed on the

day and date below written, and in the presence of Frank Kennedy, R. W.

Foster and A. Evans.

“JEFFERSON DAVIS.

“Saturday 20th Feb. 1886.”

WILL OF STEPHEN A. DOUGLAS

Stephen A. Douglas died June 11, 1861. A copy of his will, together with

a codicil thereto, is as follows:

“Know all men by these presents that I, Stephen A. Douglas of the City

of Chicago and State of Illinois, in view of the uncertainty of life and

the certainty of death at such time as an all wise Providence shall

ordain, do hereby declare and subscribe the following as my will which I

desire all persons to respect after my death, to wit:

“It is also my will after my said debts shall be paid, all the residue

of my property, personal and real shall be divided by my executors into

two equal parts, and that one part thereof shall belong to my two

children, Robert M. Douglas and Stephen Douglas, and that the other part

thereof, that is to say, one-half of all my property real and personal

and of all moneys or debts due me shall belong to and is hereby declared

to belong to my dear and beloved wife, Adele Cutts Douglas.

“It is also my will and positive direction that my said wife shall be

and she is hereby declared to be the sole guardian of my said children,

and that she shall have the possession, control and education of them

until they shall respectively arrive at the age of twenty-one years,

knowing her to be the best person in the world to perform this sacred

trust.

“It is also my will that my said wife, Adele Cutts Douglas and my friend

and relative, Daniel P. Rhodes, of Cleveland, Ohio, be and they are

hereby declared my executors to carry this will into effect, and to that

end I do hereby waive all legal process and letters of administration

and dispense with any and all security on the part of my said executors

and direct that they may proceed and execute this will the same that I

could do were I alive.

“Having thus provided for all my worldly affairs, I commit my soul to

God and ask the prayers of the good for His divine blessing.

“In testimony whereof I have hereunto set my hand and seal this 4th day

of September A.D. 1857.

“S. A. DOUGLAS.”

CODICIL ADDED JULY 30, 1859

“Be it known that I, Stephen A. Douglas, do hereby add the following

supplement to the above as my last will and testament, to wit: that in

event that my said wife shall have any child or children by me, whether

born before or after my death, it is my will and direction that in the

distribution of my estate an amount of property shall first be set apart

and allotted to said child or children equal to the amount which my

other children will receive from their mother’s estate, and that the

residue of my property after paying all just debts shall be divided into

two equal parts and one of said parts shall belong to my said wife, to

her sole use and benefit and the other to my said children, born or to

be born as aforesaid, in equal proportions, it being my wish and

intention that such children should inherit an equal amount of property

with reference to the estate from which it shall be derived.

“In witness whereof I have hereunto set my hand and seal at the City of

Washington, this 30th day of July, A.D. 1859.

“STEPHEN A. DOUGLAS.”

WILL OF MARY BAKER G. EDDY

Mary Baker G. Eddy died December 3, 1910. Up to the age of fifty, her

life had been a complete failure, filled with domestic misfortunes and

discouraging experiences. She was an exception to the rule, that the

leaders of great religious systems and reforms have been men. That late

in life she exerted an astonishing influence, both in spiritual and

material affairs, gained a prodigious success, and developed a wonderful

personality, the world is willing to admit. Her recent death, and the

popular interest in her life work and leadership in the Christian

Science Church, justify the insertion of her will in full. This document

is duly attested by four witnesses, the two codicils thereto each having

three.

“Be it known that I, Mary Baker G. Eddy, of Concord, New Hampshire,

being of sound and disposing mind and memory, do make, publish and

declare this to be my last will and testament in manner and form

following, that is to say;

“1. I hereby nominate and appoint Honorable Henry M. Baker, of Bow, New

Hampshire, sole executor of this my last will and testament; and, having

ample confidence in his ability and integrity, I desire that he shall

not be required to furnish sureties on his official bond.

“2. Having already transferred and given to my son, George W. Glover, of

Lead City, South Dakota, four certain mortgage deeds bought of the

Farmers’ Loan and Trust Company, of the State of Kansas, and having

already given him a house and lot located in Lead City, South Dakota,

and monies at various times, I hereby confirm and ratify said transfers

and gifts, and, in addition thereto, I give and bequeath to my said son,

George W. Glover, the sum of ten thousand dollars.

“3. I give and bequeath to George H. Moore, of Concord, New Hampshire,

the sum of one thousand dollars; to each of the five children of my son,

George W. Glover, the sum of ten thousand dollars; to Mrs. Mary A.

Baker, of Boston, Massachusetts, widow of my late brother, the sum of

five thousand dollars; to Frances A. Baker, of Concord, New Hampshire,

the sum of one thousand dollars; to Henrietta E. Chanfrau, of

Philadelphia, Penn., the sum of one thousand dollars; to Fred N. Ladd,

of Concord, New Hampshire, the sum of three thousand dollars; to my

adopted son, Benjamin J. Foster, M.D., the sum of five thousand dollars;

to Calvin A. Frye, of Concord, New Hampshire, the sum of ten thousand

dollars, provided he continues in my service to the date of my decease;

to Pauline Mann, of Concord, New Hampshire, the sum of one thousand

dollars, provided she continues in my service to the date of my decease;

to Joseph G. Mann, of Concord, New Hampshire, three thousand dollars,

provided he continues in my service to the date of my decease; to Laura

E. Sargent, of Concord, New Hampshire, three thousand dollars, provided

she continues in my service to the date of my decease.

“4. I give and bequeath to the Mother Church--First Church of Christ,

Scientist, in Boston, Massachusetts, the sum of fifty thousand dollars.

“5. I give and devise to Calvin A. Frye and Joseph G. Mann, above named,

provided they shall respectively remain in my service to the date of my

decease, the right, during the term of their respective natural lives,

to occupy and use my homestead and grounds called ‘Pleasant View,’ in

Concord, New Hampshire, as their residence and home, but the rights

hereby conditionally granted to said Frye and Mann shall not be

assignable to any other person. Said homestead and grounds connected

therewith shall not be leased to, or occupied by, any persons, except as

herein provided. No part of said homestead, or lands connected

therewith, shall be devoted to any other uses or purposes than those of

a home for said Frye and Mann during their respective lives (provided

they respectively remain in my service to the date of my decease) and a

home for my grandchildren according to the terms of this will and, after

the termination of the rights of said Frye and Mann and my grandchildren

as herein provided, as a place for the reception, entertainment, and

care of Christian Science visitors and their friends, and to such other

purposes looking to the general advancement of the Christian Science

religion as may be deemed best by the residuary legatee. All the

personal property, except my jewelry, in and about said homestead and

lands shall be kept and carefully used on said premises.

“In my contract with Edward A. Kimball of Chicago, dated October 9,

1899, provision is made for the creation of a trust fund for the purpose

of procuring an annual revenue or income which shall be used for

maintaining in a perpetual state of repair my said homestead. A further

provision is also made for that purpose in said contract. If, for any

reason, sufficient funds for such purposes shall not be provided from

the sources named in said contract, then I direct that my residuary

legatee shall provide and expend such sums, from time to time, as may be

necessary for the purpose of maintaining said homestead and grounds in a

perpetual state of repair and cultivation.

“I hereby give and devise to my grandson, George W. Glover, Jr., the

right and privilege of living and having a home at Pleasant View and of

being supported therein in a reasonable manner at the expense of my

estate while he is obtaining his education preparatory to admission to

Dartmouth College, provided he shall select and choose to obtain his

education at that institution. I also direct my executor to pay all of

said George W. Glover, Jr.’s, reasonable expenses while at said college,

giving him, in the meantime, the privilege of a home at Pleasant View.

“I also give and devise to my granddaughters the right and privilege of

living and having a home at Pleasant View, and of being supported

therein in a reasonable manner at the expense of my estate, while they,

or either of them, are obtaining a high school education, provided they,

or either of them, desire the advantages of such course.

“6. I give and bequeath to the Christian Science Board of Directors of

the Mother Church--The First Church of Christ, Scientist, in Boston,

Massachusetts--and their successors in office, the sum of one hundred

thousand dollars, but, nevertheless, in trust for the following

purposes, namely; said trustees shall hold, invest, and reinvest the

principal of said fund and conservatively manage the same, and shall use

the income and such portion of the principal, from time to time, as they

may deem best, for the purpose of providing free instruction for

indigent, well-educated, worthy Christian Scientists at the

Massachusetts Metaphysical College and to aid them thereafter until they

can maintain themselves in some department of Christian Science.

“I desire that the instruction for which provision is hereby made shall

be at the said College, but my said trustees are hereby authorized to

provide said instruction elsewhere, if, in the unanimous judgment of all

said trustees for the time being, such course shall seem best. The

judgment and discretion of said trustees with reference to the persons

to be aided as herein provided and the amount of aid furnished to each

of said persons shall be final and conclusive.

“7. I hereby ratify and confirm the following trust agreements and

declarations, viz.

“(1) The deed of trust dated September 1, 1892, conveying land for

church edifice in Boston and on which the building of the First Church

of Christ, Scientist, now stands.

“(2) The trust agreement dated January 25, 1898, conveying to Edward P.

Bates, James A. Neal, and William P. McKenzie, and their successors, the

property conveyed to me by the Christian Science Publishing Society, by

bill of sale dated January 21, 1898, the said trust being created for

the purpose of more effectually promoting and extending the religion of

Christian Science as taught by me.

“(3) The trust agreement dated February 12, 1898, specifying the

objects, purposes, terms, and conditions on which the First Church of

Christ, Scientist, in Boston, Massachusetts, shall hold the real estate

situated at #385 Commonwealth Avenue, in Boston, Massachusetts, which

was conveyed by me to said church on said February 12, 1898.

“(4) The trust agreement dated January 31, 1898, whereby certain real

estate was conveyed to George H. Moore, Calvin A. Frye, and Ezra M.

Buswell, and their successors, and, in addition thereto, the sum of one

hundred thousand dollars, for the purpose of a Christian Science church

to be erected on said real estate.

“(5) The trust agreement dated May 20, 1898, under which the sum of four

thousand dollars was transferred to The First Church of Christ,

Scientist, in Boston, for the benefit of the children contributors of

the Mother’s room in said church.

“(6) The deed of trust dated December 21, 1895, transferring five

hundred dollars to the trustees of Park Cemetery Association of Tilton,

New Hampshire.

“8. I give, bequeath and devise all the rest, residue and remainder of

my estate, of every kind and description, to the Mother Church--The

First Church of Christ, Scientist, in Boston, Massachusetts, in trust

for the following general purposes; I desire that such portion of the

income of my residuary estate as may be necessary shall be used for the

purpose of keeping in repair the church building and my former house at

#385 Commonwealth Avenue in said Boston, which has been transferred to

said Mother Church, and any building or buildings which may be, by

necessity or convenience, substituted therefor; and, so far as may be

necessary, to maintain my said homestead and grounds (‘Pleasant View’ in

Concord, New Hampshire) in a perpetual state of repair and cultivation

for the uses and purposes heretofore in this will expressed; and I

desire that the balance of said income, and such portion of the

principal as may be deemed wise, shall be devoted and used by said

residuary legatee for the purpose of more effectually promoting and

extending the religion of Christian Science as taught by me.

“Witness my hand and seal this thirteenth day of September, A.D. 1901.

“MARY B. G. EDDY.”

“Be it known that I, Mary Baker G. Eddy, of Concord, New Hampshire, do

hereby make, publish and declare a codicil to my last will and

testament, originally dated September 13, 1901, a duplicate of said will

having been this day reëxecuted by me upon the discovery of the loss of

the original, dated September 13, 1901, as aforesaid, in manner

following, namely;

“1. I hereby revoke the bequest, in paragraph numbered 5 of my said

will, to Joseph G. Mann, of the right to occupy with Calvin A. Frye my

homestead premises known as ‘Pleasant View,’ during the lifetime of the

said Mann, and I hereby bequeath unto Irving C. Tomlinson, of Concord,

New Hampshire, and to his sister Mary E. Tomlinson the right during the

term of their respective lives to occupy and use as a home said premises

known as ‘Pleasant View,’ said occupancy and use by them to be personal

to them and not assignable to any other person by them or either of them

and shall be exercised with due regard to the rights of other persons

named in said will, excepting said Mann, to occupy and enjoy said

premises.

“2. I give and bequeath to Laura E. Sargent the sum of five thousand

dollars ($5000), this legacy to be in lieu of the legacy provided for

her in paragraph numbered 3 of my said will, and to be unconditional.

“3. I give, devise and bequeath to the Second Church of Christ,

Scientist, in New York City, a sum not exceeding one hundred and

seventy-five thousand dollars ($175,000) sufficient to pay the

indebtedness which may exist at the time of my decease upon the church

edifice of said Second Church of Christ, Scientist, and direct that said

sum of one hundred and seventy-five thousand dollars ($175,000), or so

much thereof as may be necessary for the purpose, shall be applied as

soon as may be after my decease to or towards the extinguishment of said

indebtedness; if the amount required for this purpose shall not be as

much as one hundred and seventy-five thousand dollars ($175,000), then

this legacy shall be limited to the amount actually required.

“4. I give and bequeath to Mrs. Pamelia J. Leonard, of Brooklyn, New

York, the sum of three thousand dollars ($3000); to Mrs. Augusta E.

Stetson, of New York City, my “crown of diamonds” breastpin; to Mrs.

Laura Lathrop, of New York City, my diamond cross; to Mrs. Rose Kent, of

Jamestown, New York, my gold watch and chain; and to Henry M. Baker, of

Bow, New Hampshire, my portrait set in diamonds.

“5. Mrs. Mary A. Baker, to whom I have bequeathed five thousand dollars

(5000), by my will, having deceased since the original execution of said

will on September, 13, 1901, I hereby revoke the legacy therein provided

for her.

“6. The bequest in my will to Calvin A. Frye is hereby increased to

twenty thousand dollars, but subject to the same condition as therein

provided.

“I hereby ratify and reaffirm my will as originally executed on

September 13, 1901, and as again executed this day, in all respects

except as herein modified.

“In witness whereof I have hereunto set my hand and seal at Concord, New

Hampshire, this seventh day of November, A.D. 1903.

“MARY BAKER G. EDDY.”

“Be it known that I, Mary Baker G. Eddy, of Concord, New Hampshire, do

hereby make, publish, and declare this second codicil to my last will

and testament originally dated September 13, 1901, a duplicate of said

will having been reëxecuted by me on November 7, 1903, in manner

following, namely;

“1. I hereby direct and require that the executor of my will shall sell,

within three months after his appointment, at public auction or, if he

sees fit, at private sale, for such price as he may determine upon and

to such purchaser as he may see fit, my real estate in said Concord

known as ‘Pleasant View,’ consisting of my homestead and the grounds

occupied in connection therewith, and I hereby direct that the proceeds

of such sale shall be forthwith paid over to the Directors of the First

Church of Christ, Scientist, in Boston, Massachusetts, to be used for

such purposes in connection with said Church as said Directors may

determine. Nothing contained in my will or codicils thereto shall be

considered inconsistent with said Church purchasing said real estate, if

the Directors may consider it desirable so to do.

“I hereby revoke the provisions of my will and first codicil providing

for the occupancy of said real estate by various persons, the

preservation and maintenance thereof at the expense of my estate, and

all other provisions of my will and codicil inconsistent with the

foregoing direction to my executor to sell said real estate.

“2. I hereby give and bequeath to The First Church of Christ, Scientist,

in Boston, Massachusetts, all the contents of my said homestead and of

the other buildings at ‘Pleasant View,’--except so far as any of the

same may be specifically bequeathed in my will and codicils thereto,

which specific bequests I do not modify by this provision,--the same to

be kept or disposed of as may be determined by the Directors of said

Church; but I direct that Calvin A. Frye shall have the privilege of

selecting from said articles such keepsakes or mementos, not exceeding

in intrinsic value the sum of five hundred dollars, as he may desire,

and I give and bequeath the same to him when so selected.

“3. I hereby direct that said Calvin A. Frye shall be provided with a

suitable home in my house at No. 385 Commonwealth Avenue, Boston, if he

so desires, he to have the exclusive occupancy of two furnished rooms

therein, to be designated by my executor, and to have his board,

suitable heat, light, and all other things necessary for his comfortable

occupancy of said premises during his natural life, the expense thereof

to be provided out of the income from the residue of my estate which I

have left to said The First Church of Christ, Scientist, in Boston,

Massachusetts.

“4. I give and bequeath to Lydia B. Hall, of Brockton, Massachusetts,

the sum of one thousand dollars.

“5. I give and bequeath to Irving C. Tomlinson, of said Concord, the

note which I hold signed by him, it being my intention hereby to release

him from said indebtedness.

“In all other respects except as herein specified, I hereby ratify and

reaffirm my will and codicil above mentioned.

“In witness whereof I have hereunto set my hand and seal at Concord, New

Hampshire, this fourteenth day of May, A.D. 1904.

“MARY BAKER G. EDDY.”

BURIAL OF MRS. MARY BAKER G. EDDY

On January 26, 1911, at Boston, in a concrete grave on the shores of

Lake Halcyon, in Mount Auburn Cemetery, was deposited a bronze coffin

containing the body of Mrs. Mary Baker G. Eddy, the founder of Christian

Science.

On the coffin rested a bronze box inclosing a complete set of the works

of Mrs. Eddy, together with all recent Christian Science publications,

while the silver plate beneath gave her name and the dates of her birth

and death.

The ceremony was attended by the directors of the church and a score of

its strongest supports. Judge Clifford P. Smith, the first reader of the

First Church, read the ninety-first Psalm and the last two verses in

Jude which were read at the funeral December 8, 1910.

Then the grave was sealed. Later, the spot will be marked by a

mausoleum.

Since the funeral service of Mrs. Eddy the bronze coffin had reposed in

the receiving tomb at Mount Auburn, with a guard beside it day and

night.

That guard was relieved shortly after noon Jan. 26, when half a dozen

carriages rolled up to the door of the tomb, and an hour later the

coffin was drawn out and placed on the bier.

The bronze plate covering the features of Mrs. Eddy was pushed back, and

one by one the little party gazed for the last time on her face. It had

changed but little in the seven weeks.

In the construction of the grave the skill of engineers was invoked to

make it impervious to desecration, or even to decay. The coffin rests on

four feet of concrete and is incased in steel uprights.

Upon it rests the copper box with the Christian Science literature, and

above are alternate layers of concrete and steel network to the level of

the turf.

WILL OF RALPH WALDO EMERSON

Ralph Waldo Emerson died at Concord, Massachusetts, April 27, 1882. His

will is as follows:

“I, Ralph Waldo Emerson, of Concord, in the County of Middlesex and

Commonwealth of Massachusetts, make this as my last will and testament,

hereby revoking all other wills by me at any time made.

“First. (1) I give all my real estate, wherever situated, excepting only

my house and homestead estate in Concord, equally to my three children

Edward Waldo Emerson, Ellen Tucker Emerson and Edith Emerson Forbes,

wife of William Hathaway Forbes of Milton, and their heirs. But the

pasture land and wood land in Concord is given, subject to certain

rights reserved for the benefit of my wife and my daughter Ellen, as

hereinafter named.

“(2) I give my library to my three children equally. All my manuscripts

and unpublished writings I give to my three children and the survivors

and survivor of them in joint tenancy.

“(3) The copyright and plates and ownership of all my published writings

I give to my son Edward; and I also assign to him for his own benefit

all my contracts for the publication of said writings.

“(4) I give to my daughter Edith the book of selections known in my

family as the ‘Black Anthology;’ and to the five children of my daughter

Edith I give as follows:--to Ralph my watch, to Edith my bronze image of

Goethe, to Cameron the cane cut at the Grotto of Egeria and given to me

by my valued friend, Judge Hoar, to John my cane of teak wood, and to

Edward my small brass candle-sticks and Roman lamp.

“(5) To the oldest child of my son Edward I give my sole leather trunk.

“(6) I give to my son Edward the sum of thirteen hundred dollars ($1300)

and to my daughter Ellen the sum of twenty-three hundred dollars

($2300). In naming these sums and in not here giving any sum to my

daughter Edith I am influenced by the fact that I have heretofore made

certain advancements to Edith and to Edward at the time when they were

married.

“Second.--As to all the residue and remainder of my property of every

kind whatever, I give it as follows:

“(1) In case my wife should survive me (_a_) I give to my daughter Ellen

the sum of three thousand dollars ($3000); and while I do not in this

place give a like sum to Edward and my daughter Edith, because the

immediate enjoyment of the property is likely to be of less importance

to them, I nevertheless direct that in the final division of my property

the share of Ellen shall contribute to each of the shares of Edward and

Edith the sum of one thousand dollars as of the date of the payment of

this legacy to Ellen; and (_b_) all the rest of said residue I give to

my son Edward to hold it during his mother’s lifetime in trust for her

benefit, to keep the income-bearing part of the property well invested,

to pay all taxes and to make all necessary or proper repairs, and to pay

over the net income and proceeds of the property, quarterly or oftener

as may be convenient to my wife, during her life. As to the house and

homestead estate in Concord and all the furniture, plate, pictures and

other articles of household use or ornament therein, except what is

herein otherwise disposed of, the trustee is to take care that my wife

has the full use and enjoyment thereof during her life, and he shall

also provide wood for her use at the house from the Concord woodlots and

pasturage on the Concord farm for the cows.

“(2) In case my wife should not survive me, and also in the event of her

death, if she should survive me, I give all the said residue of my

property not otherwise disposed of, as aforesaid, equally to my three

children and their heirs, executors and administrators. But I qualify

this division in two particulars: first, the share of my daughter Ellen

shall contribute to the shares of Edward and Edith in case of the

payment of said legacy of three thousand dollars ($3000); and second, in

addition to her one-third of the said residue of my property, I direct

that my daughter Ellen shall have the right, during her lifetime and

free from all charge or payment therefor, to occupy my said house and

homestead estate and to have, from my other land in Concord, wood for

her use at the house and pasturage for her cows; and also that if she

should prefer not to occupy said house she shall have the right to take

for her use elsewhere and as her own property, such part as she may

select of the furniture, plate, pictures and other articles of household

use or ornament in my house, not herein otherwise disposed of.

“Third.--I appoint my friend James Elliot Cabot to be my literary

executor, giving him authority, acting in cooperation with my children

or the survivors or survivor of them, to publish or to withhold from

publication any of my unpublished papers.

“Fourth.--I appoint my son Edward Waldo Emerson and my son-in-law

William A. Forbes to be the executors of my will; and in case of the

death of either of them, whether before or after my death, I appoint my

daughter Ellen to be executrix in his place.

“Fifth.--I request that neither of my executors or my trustee, herein

named, shall be required to give surety on his official bond.

“In witness whereof I have hereunto set my hand and seal this fourteenth

day of April in the year eighteen hundred and seventy-six.

“R. WALDO EMERSON.”

WILL OF EDWIN FORREST

Edwin Forrest died December 12, 1872, at his home in Philadelphia. He

was regarded one of the ablest representatives of Shakespearian

characters of the age in which he lived and died; he accumulated a large

fortune. It will be recalled that his unfortunate quarrel with Macready

resulted in 1849 in a riot in New York, which was accompanied by a

serious loss of life. His will is dated April 5, 1866; there are two

codicils, but they are of no very great importance. After making

numerous bequests to friends and servants, the bulk of his large estate

was directed to be placed in the hands of trustees, under an elaborate

scheme “for the support and maintenance of actors and actresses decayed

by age or disabled by infirmity.” The institution was to be known as

“The Edwin Forrest Home.” His will is a most interesting and unique

document, and for this reason the whole of that portion which created

“The Edwin Forrest Home” is here exactly copied from the original.

“The following is an outline of my plan for said Home, which may be

filled out in more detail by the charter and by-laws:

“ARTICLE I

“The said Institution shall be for the support and maintenance of actors

and actresses decayed by age or disabled by infirmity, who, if natives

of the United States, shall have served at least five years in the

theatrical profession, and if of foreign birth shall have served in that

profession at least ten years, whereof three years next previous to the

application shall have been in the United States, and who shall in all

things comply with the laws and regulations of the Home, otherwise be

subject to be discharged by the Managers, whose decision shall be final.

“ARTICLE II

“The number of inmates in the Home shall never exceed the annual net

rent and revenue of the Institution, and after the number of inmates

therein shall exceed twelve, others to be admitted shall be such only as

shall receive the approval of the majority of the inmates, as well as of

the Managers.

“ARTICLE III

“The said Corporation shall be managed by a Board of Managers, seven in

number, who shall in the first instance be chosen by the said Trustees

and shall include themselves, so long as any of them shall be living,

and also the Mayor of the City of Philadelphia for the time being, and

as vacancies shall occur the existing Managers shall from time to time

fill them, so that, if practicable, only one vacancy shall ever exist at

a time.

“ARTICLE IV

“The Managers shall elect one of their number to be the President of the

Institution, appoint a Treasurer and Secretary, Steward and Matron, and,

if needed, a Clerk; the said Treasurer, Secretary, Steward, Matron and

Clerk subject to be at any time discharged by the Managers. Except the

Treasurer, the said officers may be chosen from the inmates of the Home,

and the Treasurer shall not be a Manager, nor either of his sureties.

The Managers shall also appoint a physician for the Home.

“ARTICLE V

“Should there be any failure of the Managers to fill any vacancy which

may occur in their Board for three months, or should they in any respect

fail to fulfill their trust according to the intent of my will and the

charter of the Institution, it is my will that upon the petition of any

two or more of said Managers, or of the Mayor of the City, the Orphans’

Court of Philadelphia County shall make such appointments to fill any

vacancy or vacancies and all orders and decrees necessary to correct any

failure or breach of trust which shall appear to said Court to be

required, as in case of any other testamentary trust, so that the

purposes of this charity may never fail or be abused.

“ARTICLE VI

“The purposes of the said ‘Edwin Forrest Home’ are intended to be partly

educational and self-sustaining, as well as eleemosynary, and never to

encourage idleness or thriftlessness in any who are capable of any

useful exertion. My library shall be placed therein in precise manner as

now it exists in my house in Broad street, Philadelphia. There shall be

a neat and pleasant theatre for private exhibitions and histrionic

culture. There shall be a picture gallery for the preservation and

exhibition of my collection of engravings, pictures, statuary and other

works of art, to which additions may be made from time to time, if the

revenues of the Institution shall suffice. These objects are not only

intended to improve the taste, but to promote the health and happiness

of the inmates and such visitors as may be admitted.

“ARTICLE VII

“Also, as a means of preserving health and, consequently, the happiness

of the inmates, as well as to aid in sustaining the Home, there shall be

lectures and readings therein upon oratory and histrionic art, to which

pupils shall be admitted, upon such terms and under such regulations as

the Managers may prescribe. The garden and grounds are to be made

productive of profit, as well as of health and pleasure, and, so far as

capable, the inmates, not otherwise profitably occupied, shall assist in

farming, horticulture and the cultivation of flowers in the garden and

conservatory.

“ARTICLE VIII

“‘The Edwin Forrest Home’ may also, if the revenue shall suffice,

embrace in its plan lectures on science, literature and the arts, but

preferably oratory and the histrionic art, in manner to prepare the

American citizen for the more creditable and effective discharge of his

public duties, and to raise the education and intellectual and moral

tone and character of actors, that thereby they may elevate the drama

and cause it to subserve its true and great mission to mankind, as their

profoundest teacher of virtue and morality.

“ARTICLE IX

“‘The Edwin Forrest Home’ shall also be made to promote the love of

liberty, our country and her institutions, to hold in honor the name of

the great dramatic Bard, as well as to cultivate a taste and afford

opportunity for the enjoyment of social rural pleasures. Therefore,

there shall be read therein to the inmates and public, by an inmate or

pupil thereof, the immortal Declaration of Independence, as written by

Thomas Jefferson, without expurgation, on every Fourth Day of July, to

be followed by an oration under the folds of our national flag. There

shall be prepared and read therein before the like assemblage, on the

birthday of Shakespeare, the twenty-third of April, in every year, an

eulogy upon his character and writings, and one of his plays, or scenes

from his plays, shall on that day be represented in the theatre. And on

the first Mondays of every June and October ‘The Edwin Forrest Home,’

and grounds shall be opened for the admission of ladies and gentlemen of

the theatrical profession and their friends, in the manner of social

picnics, when all provide their own entertainments.

“The foregoing general outline of my plan of the Institution I desire to

establish has been sketched during my preparations for a long voyage by

sea and land, and, should God spare my life, it is my purpose to be more

full and definite; but should I leave no later will or codicil, my

friends who sympathize in my purposes will execute them in the best and

fullest manner possible, understanding that they have been long

meditated by me, and are very dear to my heart. They will also remember

that my professional brothers and sisters are often unfortunate, and

that little has been done for them, either to elevate them in their

profession or to provide for their necessities under sickness or other

misfortunes. God has favored my efforts and given me great success, and

I would make my fortune the means to elevate the education of others and

promote their success, and to alleviate their sufferings and smooth the

pillows of the unfortunate, in sickness or other disability, or the

decay of declining years.

“These are the grounds upon which I would appeal to the Legislature of

my native State, to the Chief Magistrate of my native city, to the

Courts and my fellow-citizens, to assist my purposes, which I believe to

be demanded by the just claims of humanity, and by that civilization and

refinement which springs from intellectual and moral culture.

“I, therefore, lay it as a duty upon my Trustees to frame a bill which

the Legislature may enact, as and for the charter of said Institution,

which shall ratify the articles in said outline of plan; shall authorize

the Mayor of the city to act as one of its Managers, and the said Court

to exercise the visitatorial jurisdiction invoked, and prevent streets

from being run through so much of the Springbrook grounds as shall

include the buildings and sixty acres of ground. Such a charter being

obtained, the Corporation shall be authorized, at a future period, to

sell the grounds outside said space, the proceeds to be applied to

increase the endowment and usefulness of the Home. And so far as I shall

not have built to carry out my views, I authorize the said Managers,

with consent of my sisters, or survivor of them, having a right to

reside at Springbrook, to proceed to erect and build the buildings

required by my outline of plan, and towards their erection apply the

income accumulated or current of my estate, and should my sisters

consent, or the survivor of them consent, in case of readiness to open

the Home, to remove therefrom, a comfortable house shall be procured for

them elsewhere, furnished and rent and taxes paid, as required in

respect to Springbrook, at the cost and charge of my estate or of the

said Corporation, if then in possession thereof. Whensoever the

requisite charter shall be obtained and the Corporation be organized and

ready to proceed to carry out its design, then it shall be the duty of

said Trustees to assign and convey all my said property and estate unto

the said ‘Edwin Forrest Home,’ their successors and assigns forever, and

for the latter to execute and deliver, under the corporate seal, a full

and absolute discharge and acquittance forever,--with or without

auditing of accounts by an auditor of the Court, as they may think

proper,--unto the said Executors and Trustees.

“In testimony whereof, I have hereunto set my hand and seal this fifth

day of April, eighteen hundred and sixty-six.

“EDWIN FORREST.”

The State of Pennsylvania heartily cooperated with the Trustees, but

they found themselves powerless to realize fully the hopes and wishes of

the testator. It was necessary to make a settlement with the divorced

wife of the testator, whose legal claims had been entirely overlooked by

him. This and other legal complications hampered the Trustees, and the

amounts of money necessarily expended seriously crippled the estate. The

Home, however, was established upon his beautiful property known as

“Springbrook,” where it yet exists under excellent management, and its

doors are still open to those who are entitled to enter under the

conditions fixed by the testator.

WILL OF BENJAMIN FRANKLIN

In the “Life of Benjamin Franklin,” by Jared Sparks, is to be found

Franklin’s will, a document of great length and unusual interest.

Franklin died in 1790: the will is dated July 17, 1788; a codicil of

almost equal length is dated June 23, 1789. The will in part reads:

“I, Benjamin Franklin, of Philadelphia, printer, late Minister

Plenipotentiary from the United States of America to the Court of

France, now President of the State of Pennsylvania, do make and declare

my last will and testament as follows:

“To my son, William Franklin, late Governor of the Jerseys, I give and

devise all the lands I hold or have a right to in the Province of Nova

Scotia, to hold to him, his heirs and assigns forever. I also give to

him all my books and papers which he has in his possession, and all

debts standing against him on my account books, willing that no payment

for, nor restitution of the same be required of him by my Executors. The

part he acted against me in the late war, which is of public notoriety,

will account for my leaving him no more of an estate he endeavored to

deprive me of.

“I give and devise my dwelling house, my said three new houses, my

printing office and also my silver plate, pictures and household goods

of every kind, now in my said dwelling house, to my daughter, Sarah

Bache, and to her husband, Richard Bache, to hold to them for and during

their natural lives, and the life of the longest liver of them: and from

and after the death of the survivor of them, I do give, devise and

bequeath the same to all children already born or to be born of my said

daughter, and to their heirs and assigns forever, as tenants in common

and not as joint tenants.

“All lands near the Ohio and the lots near the centre of Philadelphia,

which I lately purchased from the State, I give to my son-in-law,

Richard Bache, his heirs and assigns forever: I also give him the bond I

have against him of 2072 pounds 5 shillings and direct the same to be

delivered up to him by my Executors cancelled, requesting that in

consideration thereof, he would immediately after my decease manumit and

set free his negro man, Bob: I leave to him also the money due me from

the State of Virginia for types: I also discharge him, my son-in-law,

from all claims of rent and moneys due to me, on book account or

otherwise. I also give him all my musical instruments.

“The King of France’s picture, set with four hundred and eight diamonds,

I give to my daughter, Sarah Bache, requesting, however, that she would

not form any of those diamonds into ornaments, either for herself or

daughters, and thereby introduce or countenance the expensive, vain and

useless pastime of wearing jewels in this country.

“The philosophical instruments I have in Philadelphia, I give to my

ingenious friend, Francis Hopkinson.

“I was born in Boston, New England, and owe my first instructions in

literature to the free grammar schools established there: I therefore

give 100 pounds sterling to my Executors to be by them paid over to the

managers or directors of the free schools in my native town of Boston.”

The fund has been successfully applied and is or was formerly employed

in purchasing medals for distribution in the schools of Boston.

There is a gift to the State of Pennsylvania of 2000 pounds to be

employed in making the Schuylkill River navigable.

He concludes with this clause: “I would have my body buried with as

little expense or ceremony as may be.”

* * * * *

In the codicil to the will are found these expressions and gifts:

“It has been my opinion, that he who receives an estate from his

ancestors is under some kind of obligation to transmit the same to their

posterity: this obligation does not lie on me, who never inherited a

shilling from any ancestor or relation.”

One thousand pounds was given to Boston and another thousand to

Philadelphia, to be held by trustees, which sums he directed should be

“let out on interest at 5 per cent per annum to young married

artificers under the age of twenty-five years.” These cities accepted

the sums, and they have been wisely used.

“I wish to be buried by the side of my wife, if it may be, and that a

marble stone be made by Chambers, six feet long, four feet wide, plain,

with only a small moulding around the upper edge, with this inscription,

BENJAMIN} FRANKLIN

DEBORAH }

to be placed over us both.”

This request was carried out.

“My fine crabtree walking-stick, with gold head curiously wrought in the

form of the cap of liberty, I give to my friend, and the friend of

mankind, General Washington. If it were a sceptre, he has merited it and

would become it. It was a present to me from that excellent woman,

Madame de Forbach, the Dowager Duchess of Deux Ponts, connected with

some verses, which should go with it.”

“I give my gold watch to my son-in-law, Richard Bache, and also the gold

watch-chain of the thirteen United States, which I have not yet worn. My

time-piece that stands in my library, I give to my grandson, William

Temple Franklin. I give him also my Chinese gong. To my dear old friend,

Mrs. Mary Hemson, I give one of my silver tankards marked, for her use

during her life, and after her decease, I give it to her daughter,

Eliza. I give to her son, William Hemson, who is my godson, my new

quarto Bible, Oxford edition, to be for his family Bible, and also the

botanic description of the plants in the Emperor’s garden at Vienna, in

folio, with colored cuts. And to her son, Thomas Hemson, I give a set of

_Spectators_, _Tatlers_, and _Guardians_, handsomely bound.

“I give twenty guineas to my good friend and physician, Dr. John Jones.

“I request my friend, Mr. Duffield, to accept my French Wayweiser, a

piece of clockwork in brass, to be fixed on the wheel of any carriage.

“My picture drawn by Martin in 1767, I give to the Supreme Executive

Council of Pennsylvania, if they shall be pleased to do me the honor of

accepting it and placing it in their chamber.

“I give to my Executors, to be divided equally among those that act, the

sum of sixty pounds sterling as some compensation for their trouble in

the execution of my will.”

WILL OF MELVILLE W. FULLER

The late Chief Justice Melville W. Fuller of the United States Supreme

Court died at his summer home near Bar Harbor, Maine, July 4, 1910. By

his last will and testament, he disposed of an estate of nearly one

million dollars. The estate is to be held in trust for the daughters and

the son of the Chief Justice, and their heirs. Nothing was left to

charity or to parties other than the direct descendants of the testator.

The will was signed at Washington, February 23, 1910. In substance it is

as follows:

“I devise to the Merchants’ Loan and Trust Company and my old friend

Stephen S. Gregory, or their survivors, or such successors as may be

appointed for them, in case of both of them becoming unable to act, all

of my property, real, personal and mixed, to be held in trust until the

decease of the last survivor of my children, to pay and discharge my

just debts and obligations, and to collect and to pay over the net

revenue of the property in such reasonable allowances as shall from time

to time be determined by them in view of the existing circumstances; but

each of the children, or their children, in case of my death, shall

receive finally an equal share.

“I empower my said trustees to sell any of the property, if and as

deemed by them or their survivors or successors advisable, and to

reinvest and hold the proceeds upon the same trust, to make and to renew

loans and secure the same by trust deed or mortgages; to lease and to

build or rebuild. In short, I impart to my said trustees the same powers

I myself possess, subject to effectuating the foregoing trust.”

WILL OF STEPHEN GIRARD

Stephen Girard was born in Bordeaux, France, the son of a sea captain.

He died December 26, 1831. His immense wealth was accumulated in

Philadelphia, where he spent the greater part of his life.

It was during the financial panic of 1810, that Girard loaned the

government of the United States five million dollars, when it could not

be had elsewhere; this, it is said, exhausted his entire fortune.

Girard was also something of a farmer, and Girard College is located on

what was formerly his farm; it was there that he labored with his trees

and his flowers. History says that a large, shaggy dog followed him in

his travels, and that each of his ships which went to sea, carried one.

By his will, he left large sums for the betterment of humanity; it is

stated that up to that time, it was the largest amount ever given away

by an individual philanthropist in the history of this country, if not

of the world. While his gifts to charitable and other institutions in

the City of Philadelphia and the State of Pennsylvania were numerous and

large, he is best known by a bequest of two million dollars for the

founding of Girard College; besides this sum, there was a residue of a

large amount which also went to this college. This endowment fund now

amounts to sixteen million dollars, and the income is over one million

dollars a year.

That famous section of this famous will, with reference to clergymen,

which has produced so much discussion, is set out in full below. The

injunction with reference to ministers and ecclesiastics holding office

or entering the premises is still at least outwardly respected.

The heirs of Girard attempted to break his will; their argument was

partly based on the provision with reference to religion: the Supreme

Court of the United States upheld the will, notwithstanding the

contestants had the assistance of Daniel Webster.

Girard College has an attendance of over two thousand boys: the scope

and plan of the Institution has been greatly enlarged, and it has met

with marked success in its ability to place many of its students in

permanent and often valuable commercial positions.

The section in question is as follows:

“ARTICLE XXI. Section 9. Those scholars, who shall merit it, shall

remain in the College until they shall respectively arrive at between

fourteen and eighteen years of age; they shall then be bound out by the

Mayor, Aldermen and Citizens of Philadelphia, or under their direction,

to suitable occupations, as those of agriculture, navigation, arts,

mechanical trades, and manufactures, according to the capacities and

acquirements of the scholars respectively, consulting, as far as

prudence shall justify it, the inclinations of the several scholars, as

to the occupation, art or trade, to be learned.

“In relation to the organization of the College and its appendages, I

leave, necessarily, many details to the Mayor, Aldermen, and Citizens of

Philadelphia, and their successors; and I do so with the more

confidence, as, from the nature of my bequests, and the benefits to

result from them, I trust that my fellow-citizens of Philadelphia will

observe and evince especial care and anxiety in selecting members for

their City Councils, and other agents.

“There are, however, some restrictions, which I consider it my duty to

prescribe, and to be, amongst others, conditions on which my bequest for

said College is made, and to be enjoyed, namely; _first_, I enjoin and

require, that if at the close of any year, the income of the fund

devoted to the purposes of the said College shall be more than

sufficient for the maintenance of the Institution during that year, then

the balance of the said income, after defraying such maintenance, shall

be forthwith invested in good securities, thereafter to be and remain a

part of the capital; but in no event, shall any part of the said capital

be sold, disposed of, or pledged, to meet the current expenses of the

said Institution, to which I devote the interest, income and dividends

thereof, exclusively: _Secondly_, I enjoin and require that _no

ecclesiastic, missionary, or minister of any sect whatsoever, shall ever

hold or exercise any station or duty whatever in the said College; nor

shall any such person ever be admitted for any purpose, or as a visitor,

within the premises appropriated to the purposes of the said

college:_--In making this restriction, I do not mean to cast any

reflection upon any sect or person whatsoever; but as there is such a

multitude of sects, and such a diversity of opinion amongst them, I

desire to keep the tender minds of the orphans, who are to derive

advantage from this bequest, free from the excitement which clashing

doctrines and sectarian controversy are so apt to produce; my desire is,

that all the instructors and teachers in the College, shall take pains

to instil into the minds of the scholars, _the purest principles of

morality_, so that, on their entrance into active life, they may _from

inclination and habit_, evince _benevolence toward their fellow

creatures_, and _a love of truth, sobriety, and industry_, adopting at

the same time, such religious tenets as their _matured reason_ may

enable them to prefer. If the income, arising from that part of the said

sum of two millions of dollars, remaining after the construction and

furnishing of the College and out-buildings, shall, owing to the

increase of the number of orphans applying for admission, or other

cause, be inadequate to the construction of new buildings, or the

maintenance and education of as many orphans as may apply for admission,

then such further sum as may be necessary for the construction of new

buildings and the maintenance and education of such further number of

orphans, as can be maintained and instructed within such buildings as

the said square of ground shall be adequate to, shall be taken from the

final residuary fund hereinafter expressly referred to for the purpose,

comprehending the income of my real estate in the city and county of

Philadelphia, and the dividends of my stock in the Schuylkill Navigation

Company--my design and desire being, that the benefits of said

institution shall be extended to as great a number of orphans, as the

limits of the said square and buildings therein can accommodate.”

WILL OF JAY GOULD

Jay Gould died December 2, 1892. By his will, he transferred, as is well

known, an immense fortune. After giving certain legacies to his

children, relatives and friends, including one to a son for services

rendered, and establishing a trust for the benefit of a grandson, he

gives his residuary estate to trustees for the benefit of his children

for life in equal separate trusts with gifts over to their issue as

appointed by the beneficiaries, and in default thereof “in the

proportions provided in and by the statutes of this State in the case of

intestacy,” and if no issue then “to my surviving children and to the

issue of any deceased child share and share alike _per stirpes_ and not

_per capita_.”

The testator directs that the securities of each trust be separately

invested, and that the accounts thereof shall be separately kept.

A son and daughter are appointed guardians of his minor children.

The seventh item in his will reads as follows:

“Seventh. I hereby declare and provide that if any of my children shall

marry without my consent during my lifetime, or thereafter without the

consent of a majority of the then executors and trustees under this

will, then and in that event the share allotted to the child so marrying

in and by said will and codicil, shall be reduced one-half, and the

principal of the other half of the said share shall be paid, assigned,

transferred or set over to such persons as under the laws of the State

of New York would take the same if I had died intestate.”

There is a marked similarity in many of the provisions of this will to

those of the late William H. Vanderbilt.

_Will of Horace Greeley_

Horace Greeley died at Pleasantville, New York, November 29, 1872. His

will is as follows:

“I, Horace Greeley, being nearly sixty years old and in medium health

but admonished by recent illness of the uncertainty of life, do make and

publish this my last will and testament superseding and revoking all of

earlier date which may be found or exist.

“Item: I will and bequeath to my daughter, Ida Lillian Greeley,

requesting her to share the proceeds therefrom with her sister Gabrielle

Miriam Greeley all my books, copyrights and sums which may be due and

owing me from publishers, at the time of my decease naming especially my

‘American Conflict,’ ‘Recollections of a Busy Life,’ ‘Political

Economy,’ and ‘What I Know of Farming,’ as works wherefrom some income

may accrue from copyrights after my decease.

“Item: I will and bequeath to my two daughters aforesaid all the real

estate whereof I may die possessed or be entitled to, except the farm on

which my brother Nathan Barnes Greeley lives, in Wayne Township, Erie

County, Pennsylvania, directing that my daughter Ida Lillian aforesaid

be and hereby is authorized and empowered during the minority of her

sister Gabrielle Miriam to manage, let, improve, lease or sell the whole

or any portion of the same as she shall judge expedient and advantageous

to herself and her sister aforesaid, the same to be subject to the right

of dower inhering in my wife Mary Young Greeley unless and until she

shall see fit to release the same to my two daughters aforesaid.

“Item: I bequeath to my brother Nathan Barnes Greeley aforesaid and his

wife Ruhanna the full and uninterrupted use for life of either of them

of my farm lying in the Township of Wayne, Erie County, Pennsylvania,

aforesaid. And I further bequeath to whichever of his sons the said

Nathan Barnes Greeley may designate the reversion or remainder of

one-half of said farm, it being my understanding and purpose that said

son shall live with and take care of said Nathan Barnes and Ruhanna

Greeley to the end of their several lives.

“Item: I direct that if any share or shares in the Tribune Association

shall remain to me at my decease one of them shall be sold under the

rules of said association to the highest bidder and the proceeds without

deduction or abatement be paid over as my bequest to the Childrens Aid

Society, whereof New York City is the focus of operations, to be

invested or disbursed as its proper authorities shall direct. If more

than one share of stock in the Tribune Association shall remain to me at

my death and if my wife, Mary Young Greeley, shall survive me, I

bequeath to her one-half of such remaining shares of stock in lieu of

all other dower, except those reserved to her as aforesaid, and I hereby

renounce and disclaim in favor of my said wife all claim on my part or

on that of my heirs to the real estate once mine but now wholly hers

near the Village of Chappaqua in the Township of New Castle, Westchester

County, New York, as also to the two shares of Tribune stock now

standing in her name and which were never mine but wholly purchased by

her money, and I further renounce and disclaim in her favor all right to

the stock and funds of the Northern Pacific Rail Road which I have paid

for with her money and which now stands in her name on the books of the

Company and I give and bequeath unto my said wife all the animals,

implements, machinery, crops, products and materials which may at the

time of my death exist upon or pertain to her farm and buildings in New

Castle township aforesaid:

“Item: I direct that whatever stock in the Tribune Association may

remain to me at the time of my death after fulfilling and satisfying the

foregoing bequests be sold in accordance with the rules of said

association and that from the proceeds thereof and from the proceeds of

such portions of the debts due or owing to me from all persons whatever

as may at anytime be collected, there be paid the following bequests in

their order namely:

“1. Two thousand dollars to my sister Margaret Greeley Bush, in case she

survive me, and in case she should not but her daughter Evangeline Bush

shall survive me then the said sum of two thousand dollars shall be paid

to her my said sister’s daughter Evangeline Bush.

“2. One thousand dollars each to my sister Arminda, wife of Lovewell

Greeley and Esther, wife of John F. Cleveland or to their surviving

children respectively in case they or either of them shall die before I

do.

“3. I give or bequeath all the residue or remainder of my property of

whatever name or nature to my daughters Ida Lillian and Gabrielle Miriam

Greeley and to the survivor in case but one of them shall survive me.

“I hereby appoint Samuel Sinclair, Publisher Tribune, Charles Storrs,

merchant now of 73 Worth Street, New York City and Richard C. Manning

now residing in Clinton Avenue, Brooklyn or any two of them who may

survive me and accept the trusts, executors of this my last will and

testament.

“In witness whereof, I have hereunto set my hand and seal this ninth day

of January in the year of our Lord one thousand eight hundred and

seventy-one.

“HORACE GREELEY.”

WILL OF ALEXANDER HAMILTON

“In the name of God, Amen. I, Alexander Hamilton, of the City of

New-York, Counsellor at Law, do make this my last Will and Testament as

follows:

“First. I appoint John B. Church, Nicholas Fish, and Nathaniel

Pendleton, of the city aforesaid, Esquires, to be Executors and Trustees

of this my Will; and I devise to them, their heirs and assigns, as joint

tenants and not as tenants in common, all my estate real and personal

whatsoever, and wheresoever, upon trust at their discretion to sell and

dispose of the same, at such time and times, in such manner, and upon

such terms, as they, the survivors and survivor, shall think fit; and

out of the proceeds to pay all the debts which I shall owe at the time

of my decease; in whole, if the fund be sufficient; proportionably, if

it shall be insufficient; and the residue, if any there shall be, to pay

and deliver to my excellent and dear wife Elizabeth Hamilton.

“Though, if it should please God to spare my life, I may look for a

considerable surplus out of my present property; yet, if He should

speedily call me to the eternal world, a forced sale, as is usual, may

possibly render it insufficient to satisfy my debts. I pray God that

something may remain for the maintenance and education of my dear wife

and children. But should it on the contrary happen, that there is not

enough for the payment of my debts, I entreat my dear children, if they,

or any of them, should ever be able, to make up the deficiency. I,

without hesitation, commit to their delicacy a wish which is dictated by

my own.--Though conscious that I have too far sacrificed the interests

of my family to public avocations, and on this account have the less

claim to burthen my children, yet I trust in their magnanimity to

appreciate as they ought, this my request. In so unfavourable an event

of things, the support of their dear mother, with the most respectful

and tender attention, is a duty, all the sacredness of which they will

feel. Probably her own patrimonial resources will preserve her from

indigence. But in all situations they are charged to bear in mind, that

she has been to them the most devoted and best of mothers.”

* * * * *

Alexander Hamilton was, perhaps, the most finished character in the

history of the United States, and the value of his services to this

country cannot be overestimated: after the lapse of more than a hundred

years, his greatness and usefulness are still revered, and his untimely

death lamented.

On June 18, 1804, Aaron Burr addressed to Hamilton, a communication

calling attention to a letter published by Charles B. Cooper, wherein he

said, “I could detail to you a still more despicable opinion which

General Hamilton has expressed of Mr. Burr,” together with a further

statement that Burr was “a dangerous man and one who ought not to be

trusted with the reins of government:” the lengthy and dignified answer

of Hamilton was not satisfactory to Burr, and again on June 21st, he

wrote, “Political opposition can never absolve gentlemen from a rigid

adherence to the laws of honour and rules of decorum.” Further

unsatisfactory correspondence followed, with the result that the two met

at seven o’clock A.M., July 11th, 1804, at Weehawken, New Jersey,

opposite New York, and fought a duel; Hamilton fell at Burr’s first

shot, mortally wounded, dying the next day at two o’clock: on the day

before the duel, Hamilton wrote Nathaniel Pendleton, who accompanied him

to the field, a letter containing his motives for accepting the

challenge, and his reflections on the situation, which is in part as

follows:

“On my expected interview with Col. Burr, I think it proper to make some

remarks explanatory of my conduct, motives, and views.

“I was certainly desirous of avoiding this interview for the most cogent

reasons.

“1. My religious and moral principles are strongly opposed to the

practice of duelling, and it would ever give me pain to be obliged to

shed the blood of a fellow creature in a private combat forbidden by the

laws.

“2. My wife and children are extremely dear to me, and my life is of the

utmost importance to them, in various views.

“3. I feel a sense of obligation towards my creditors; who in case of

accident to me, by the forced sale of my property, may be in some

degree sufferers. I did not think myself at liberty as a man of probity,

lightly to expose them to this hazard.

“4. I am conscious of no _ill will_ to Col. Burr, distinct from

political opposition, which, as I trust, has proceeded from pure and

upright motives.

“Lastly, I shall hazard much, and can possibly gain nothing by the issue

of the interview.

“But it was, as I conceive, impossible for me to avoid it. There were

_intrinsic_ difficulties in the thing, and _artificial_ embarrassments

from the manner of proceeding on the part of Col. Burr.

“ ... I have resolved, if our interview is conducted in the usual

manner, and it pleases God to give me the opportunity, to _reserve_ and

_throw away_ my first fire, and I _have thoughts_ even of _reserving_ my

second fire--and thus giving a double opportunity to Col. Burr to pause

and to reflect.

* * * * *

“To those who, with me, abhorring the practice of duelling, may think

that I ought on no account to have added to the number of bad examples,

I answer, that my _relative_ situation, as well in public as private,

enforcing all the considerations which constitute what men of the world

denominate honour, imposed on me (as I thought) a peculiar necessity not

to decline the call.

* * * * *

“A. H.”

* * * * *

Hamilton was buried on the following Saturday with every possible

evidence of respect and sorrow; in the funeral procession his gray horse

dressed in mourning was led by two black servants dressed in white; the

streets of New York were lined with people, and doors and windows were

filled, and housetops occupied, and every civic and military

organization was represented. Gouverneur Morris delivered the funeral

oration from a stage erected in the portico of Trinity Church to an

immense concourse. When Hamilton’s distracted wife and children, seven

in number, were brought to his bedside, shortly before his death, he

said to her, “Remember, my Eliza, you are a Christian.”

General Hamilton married Elizabeth Schuyler, a daughter of General

Philip Schuyler, thus allying himself with one of the most distinguished

founders of New York.

Aaron Burr lived to be eighty years old. The loss of his only daughter,

Theodosia Alston, at sea, left him without family ties. There is a

tradition that Burr, a broken and sorrowing man, watched the sea ever

afterward, hoping that the lost Theodosia might be returned to him. At

the age of seventy-eight he married the second time; he and this wife

separated, but were never divorced.

WILL OF EDWARD H. HARRIMAN

This will is unique in its brevity, containing only ninety-nine words,

and has been criticised for its omissions: it will be seen that there is

no mention of the testator’s children, and that the will has but two

witnesses, which is unusual where so vast an estate is disposed of and

the property located in many states. It will also be noted that the

testator’s wife, who is made executrix, is not exempted from giving bond

as such. Mr. Harriman, at the time of his death, controlled perhaps the

largest corporate interests of any person in the United States,

particularly those of railways. He died in September, 1909. His will is

as follows:

“I, Edward H. Harriman of Arden in the State of New York, do make,

publish and declare this as and for my last will and testament that is

to say:

“I give, devise and bequeath all of my property real and personal of

every kind and nature to my wife, Mary W. Harriman to be hers absolutely

and forever and I do hereby nominate and appoint the said Mary W.

Harriman to be executrix in this my will.

“In witness whereof, I have hereunto set my hand and seal this 8th day

of June in the year 1903.

“EDWARD H. HARRIMAN.”

WILL OF PATRICK HENRY

“There is no retreat but in submission and slavery. Our chains are

already forged. Their clanking may be heard on the plains of Boston. The

next gale that sweeps from the north will bring the clash of resounding

arms. Our brethren are already in the field. Why stand we here idle?

What is it that gentlemen wish? What would they have? Is life so dear or

peace so sweet as to be purchased at the price of chains and slavery?

Forbid it, Almighty God! I know not what course others may take, but as

for me, give me liberty or give me death!”

Patrick Henry was born in Hanover County, Virginia, on May 29, 1736; he

died at his county seat, Red Hill, in Charlotte County, Virginia, on

June 6, 1799. The will of this distinguished orator and statesman is

given at length; notwithstanding the conditions imposed in restraint of

marriage, his widow took unto herself another spouse, Judge Edmund

Winston, who was Patrick Henry’s cousin.

“In The Name of God, Amen:--I, Patrick Henry, of Charlotte County, at my

leisure and in my health do make this my last Will and Testament in

manner following, and do write it throughout with my own hand. I,

knowing my ever dear wife Dorethea to be worthy of the most full and

entire confidence, I do will and devise to her the Guardianship of my

children, and do direct and order that she shall not in any manner be

accountable to any person for her management therein. I do give to my

said wife Dorethea all my Lands at and adjoining my dwelling place

called Red Hill, purchased from Fuqua, Booker, Watkins, & others, out of

the tract called Watkins’s Order, to hold during her life, together with

twenty of my slaves, her choice of them all, and at her death the said

Lands are to be equally divided in value in fee simple between two of my

sons by her; and she is to name and point out the two Sons that are to

take the said Lands in fee simple at her discretion. I will and direct

all my Lands in my Long Island estate in Campbell County to be divided

into two parts by Randolph’s old road, till you come along it to the

place where the new road going from the Overseer’s house to Davis’s mill

crosses it at two white oaks and the stump of a third, from thence by a

straight line a few hundreds yards to Potts’s Spring at the old Quarter

place, from thence as the water runs to the river which is near to the

upper part where Mr. Philip Payne lives is to be added the Long Island

and other Islands, to the lower part the Overseer’s residence and also

one hundred and fifty acres of the back land out of the upper part most

convenient for both parts for Timbers to the lower. These two estates to

be in fee simple to two of my other sons by my said wife, whom she is

also to name and point out. I will and direct that there be raised

towards paying my debts one thousand pounds by sale in fee simple, out

of my following Lands, viz.--Leatherwood, Prince Edward Lands, Kentucky

Lands, Seven Island Lands, and those lately purchased of Marshall Mason,

Nowell, Wimbush, Massy, and Prewett, or such parts thereof as my

Executors may direct, and the residue thereof I will and direct to be

allotted equally in value into two parts for a provision for other two

of my sons in fee simple by my said wife, which sons she shall in like

manner name and point out. But if the payment of my debts is or can be

accomplished without selling any of my slaves or personal estate, then I

desire none of these Lands to be sold, but they are to be allotted as

the provision aforesaid for two of my sons. Thus I have endeavored to

provide for my six sons by my dear Dorethea; their names are Patrick,

Fayette, Alexander Spotswood, Nathaniel, Edward Winston, and John. I

will my slaves to be equally divided amongst my children by my present

wife except my daughter Winston, who has received hers, or nearly so;

but the twenty slaves given to my said wife for her life, I desire she

may give as she pleases amongst her children by me. I will that my wife

have power to execute Deeds for any Lands I have agreed to sell, in the

most ample manner. I give to my Grandson Edmund Henry, when he arrives

to the age of twenty-one years and not before, in fee simple, the

thousand acres of Land where his father died, joining Perego’s line,

Cole’s line, and the line of the land intended for my son Edward,

dec’d., together with the negroes and other property on the said one

thousand acres of Land. But in case the said Edmund shall die under the

age of twenty-one years, and without Issue then alive, I will the said

Land, Slaves, and other property to my six sons above mentioned equally

in fee simple. I have heretofore provided for the children of my first

marriage, but I will to my daughters, Roane and Aylett, two hundred

pounds each of them as soon as my estate can conveniently pay it by

cropping. In case either of my six sons, viz.--Patrick, Fayette,

Alexander Spotswood, Nathaniel, Edward Winston, or John, shall die under

the age of twenty-one, unmarried and without Issue then living, I will

that the estate of such decedent be divided among the Survivors of them

in such manner as my said wife shall direct.

“All the rest and residue of my estate, whether Lands, Slaves, personal

estate, Debts and rights of every kind, I give to my ever dear and

beloved wife Dorethea, the better to enable her to educate and bring up

my Children by her, and in particular I desire she may at her discretion

collect, accommodate, manage, and dispose of the debt due to me from the

late Judge Wilson in such manner as she thinks best, without being

accountable to any person, but so as that the produce, whether in Lands,

Slaves, or other effects, be by her given amongst her children by me, as

I do hereby direct all the said residue to be given by her after her

decease. If the said debt from the said Wilson cannot be recovered,

then I give the Lands I covenanted to sell to him, the said Wilson,

lying in Virginia and North Carolina, to my said wife in fee simple to

make the most of and apply for the benefit of her children by me as

aforesaid. But in case my said wife shall marry again, in that case I

revoke and make void every gift, legacy, authority, or power herein

mentioned, and order, will, and direct, She, my said wife, shall have no

more of my estate than she can recover by Law; nor shall she be Guardian

to any of my children, or Executrix of this my Will.

“I will that my daughters, Dorethea S. Winston, M. Catharine Henry, and

Sarah Butler Henry, be made equal in their negroes. In case the debt

from Judge Wilson’s estate be recovered, I do desire and will that five

hundred dollars each be paid to my dear Daughters, Anne Roane &

Elizabeth Aylett, and Martha Fontaine.

“This is all the inheritance I can give to my dear family. The religion

of Christ can give them one which will make them rich indeed.

“I appoint my dear wife Dorethea, Executrix, my friends Edmund Winston,

Philip Payne, and George D. Winston, Executors, of this my last Will,

revoking all others. In witness whereof I have hereunto set my hand and

seal this 20th November, 1798.

“P. HENRY, L. S.”

* * * * *