added to the said Will and made part thereof in manner following, that
is to say: Whereas, since the making of my said Will, I have covenanted
to sell my Lands on Leatherwood to George Hairston, including the 1000
acres intended for my Grandson Edmund Henry, and have agreed to purchase
from General Henry Lee two shares of the Saura Town Lands, amounting to
about 6,314 acres certain, and the debt due me from Wilson’s estate is
agreed to go in payment for the said purchase, whereby there will exist
no necessity to sell any of my estate for payment of my debts, I do
therefore give the said Saura Town Lands in fee simple equally to be
divided in value to two of my sons by my dear wife Dorethea, and desire
her to name the sons who are to take that estate, and it is to be in
Lieu and place of the Leatherwood, Prince Edward, Kentucky, and Seven
Islands, and other lands allotted for two of my sons in my said Will, so
that the Red Hill estate, Long Island estate, and the Saura Town estate
will furnish seats for my six sons by my wife.
“In case any part of my Lands be evicted or lost for want of title, I
will that a contribution of my other sons make good such loss in Lands
of equal value.
“I give to my Daughter Fontaine five hundred dollars; to each of my
Daughters, Anne Roane and Elizabeth Aylett, one thousand dollars; to my
Daughter Dorethea S. Winston, one thousand dollars, as soon as my estate
can conveniently raise these sums. To my Daughters, Martha Catharine and
Sarah Butler, I give one thousand pounds each, and these legacies to all
and each of my daughters are to be in Lieu and place of everything
before intended for them, and if it is not in the power of my Executors
to pay my said Daughters their legacies in money from my estate, then
and in that case all my said Daughters are to take property, real or
personal, at fair valuation, for their legacies respectively. And to
this end I give my Lands in Kentucky, Prince Edward, at the Seven
Islands, all my Lands lately purchased near Falling River and its
waters, containing about 17 or 1800 acres, and all others not mentioned
herein, to my Executors for the aforesaid purpose of paying Legacies and
for allowing my Grandson Edmund Henry eight hundred pounds in Lieu of
the Leatherwood Lands in case he shall attain the age of twenty one
years or marries, but not otherwise. His Land, if he has it at all, is
to be in fee simple, as also all the Lands that may be allotted in Lieu
of money are to go in fee simple.
“I also will that my said Dear wife shall at her discretion dispose of
three hundred pounds worth of the said last mentioned Lands to any of
her children by me, and finally of whatsoever residue there may happen
to be after satisfying the foregoing demands, and that she shall have in
fee simple all the residue of my estate, real or personal, not disposed
of for the intent and purpose of giving the same amongst her children by
me. If she chooses to set free one or two of my slaves, she is to have
full power to do so. In case Judge Wilson’s debt is lost by General Lee
not taking it in payment, whereby the contract for Saura Town Lands
becomes void, this Codicil is to become of no effect, and is to be void
and null, and my Executors are to compensate the two of my sons to whom
my Leatherwood Lands were to go, by the Lands sold to Judge Wilson, and
they are in that case to have all the Lands directed to be joined with
the Leatherwood, and so much money as will make their Lotts equal in
value with the Lotts of my other sons by my present wife.
“In witness whereof I have hereunto set my hand and seal this 12th day
of February, 1799.
“P. HENRY, L. S.
“Indorsements: The within is my Will written throughout by my own hand
this 20th November, 1798.
“P. HENRY.
“The Codicil also written by myself, February 12th, 1799.
“P. HENRY.
WILL OF OLIVER WENDELL HOLMES
Oliver Wendell Holmes died October 7, 1894. His will is as follows:
“Know all men by these presents, that, I Oliver Wendell Holmes of
Boston, in the County of Suffolk and Commonwealth of Massachusetts,
being of sound and disposing mind and memory, do make this my last will
and testament, hereby revoking all former wills and codicils by me at
any time made.
“Imprimis. I direct my executor hereinafter named to pay all my just
debts and funeral expenses as soon as may be after my decease.
“Item. I give to my grandson Edward Jackson Holmes, son of my youngest
child Edward Jackson Holmes, five thousand dollars.
“Item. All the rest and residue of the property, real and personal, of
which I shall die seized or possessed, or to which I shall be in any way
entitled or over which I shall have any power of appointment at the time
of my decease, I give, devise, bequeath and appoint to my son Oliver
Wendell Holmes junior, to his own use, absolutely and in fee simple.
“Item. I appoint said Oliver Wendell Holmes junior, executor of this my
will and request that no surety be required on his official bond.
“In witness whereof I hereto set my hand and seal, and declare this to
be my last will and testament, this first day of June, a.d., eighteen
hundred and eighty nine.
“OLIVER W. HOLMES.”
WILL OF JOHNS HOPKINS
Johns Hopkins, an American financier and philanthropist, and the founder
of the Hospital and University which bear his name, died in Baltimore,
Maryland, December 24, 1873.
The first item in his will is as follows:
“First and principally, I commit, with humble reverence, my soul to the
keeping of Almighty God.”
Then follows in great detail, the provisions for the establishment of
the Johns Hopkins University and the Johns Hopkins Hospital. It was
directed that the Hospital should have buildings, not only for the
whites, but for the sick, poor colored people, and also a building for
the reception and care of colored orphans and destitute children. Both
the University and the Hospital were corporations which the will
declares had been already created at the instance of the testator. The
hopes of the testator with reference to the success of these
institutions, has been fully realized, for they are recognized
throughout the country as models of their kind.
The amount given to these two institutions was approximately seven and
one-half million dollars.
WILL OF STEPHEN HOPKINS
Stephen Hopkins, a passenger of the voyage of the _Mayflower_ died at
Plymouth on or about June 6, 1644; his will in part is as follows:
“The sixt of June 1644 I Stephen Hopkins of Plymouth in New England
being weake yet in good and prfect memory blessed be God yet considering
the fraile estate of all men I do ordaine and make this to be my last
will and testament in manner and forme following.... I do bequeath by
this my will to my sonn Giles Hopkins my great Bull w^{ch} is now in the
hands of M^{ris} Warren Also I do give to Stephen Hopkins my sonn Giles
his sonne twenty shillings in M^{ris} Warrens hands for the hire of the
said Bull Also I give and bequeath to my daughter Constanc Snow the wyfe
of Nicholas Snow my mare also I give unto my daughter Deborah Hopkins
the brodhorned black cowe and her calf and half the Cowe called Motley
Also I doe give and bequeath unto my daughter Damaris Hopkins the Cowe
called Damaris heiffer and the white faced calf and half the cowe called
Mottley Also I give to my daughter Ruth the Cowe called Red Cole and
her calfe and a Bull at Yarmouth w^{ch} is in the keepeing of Giles
Hopkins w^{ch} is an yeare and advantage old and half the curld Cowe
Also I give and bequeath to my daughter Elizabeth the Cowe called
Smykins and her calf and thother half of the Curld Cowe w^{th} Ruth and
an yearelinge heiffer w^{th}out a tayle in the keepeing of Gyles Hopkins
at Yarmouth. Also I do give and bequeath unto my foure daughters ... all
the mooveable goods the w^{ch} do belong to my house, as linnen woollen
beds bed-cloathes pott kettles pewter or whatsoev^{r} are moveable ...
and foure silver spoones that is to say to eich of them....”
The inventory shows a long list of personal property, including the
bulls, cows, the “heiffer without a tayle,” spoons and other household
goods.
WILL OF SAM HOUSTON
Sam Houston died July 25, 1863; here is his will:
“In the name of God, the Father, the Son and Holy Spirit, I, Sam
Houston, of the County of Walker and State of Texas, being fully aware
of the uncertainty of life, and the certainty of death, do ordain and
declare this my last Will and Testament.
“First: I will that all my just debts be paid out of my personal
effects, as I think them sufficient without disposing of any of the
family servants.
“Second: I bequeath my entire remaining estate to my beloved wife,
Margaret and our children, and I desire that they may remain with her so
long as she may remain in widowhood, and should she at any time marry, I
desire that my daughters should be subject to her control, so long as
their minority lasts.
“Third: My will is that my sons should receive solid and useful
education, and that no portion of their time may be devoted to the study
of abstract science. I greatly desire that they may possess a thorough
knowledge of the English language, with a good knowledge of the Latin
language. I also request that they be instructed in the knowledge of the
Holy Scripture, and next to these that they may be rendered thorough in
a knowledge of Geography & History. I wish my sons early taught an utter
contempt for novels & light reading. In all that pertains to my sons I
wish particular regard paid to their morals as well as to the character
and morals of those with whom they may be associated or instructed.
“Fourth: I leave to my wife, as Executrix, and to the following
gentlemen as my Executors, Thomas Gibbs, Thomas Carothers, J. Carroll
Smith, and Anthony M. Branch, my much beloved friends in whom I place my
entire confidence, to make such disposition of my personal and real
estate as may seem to them best for the necessities and interests and
welfare of my family.
“Fifth: To my dearly beloved wife, Margaret, I confide the rearing,
education and moral training of our sons and daughters.
“Sixth: To my eldest son, Sam Houston, Jr., I bequeath my sword, worn in
the battle of San Jacinto, never to be drawn only in defense of the
constitution, the laws and liberties of his country. If any attempt
should ever be made to assail one of these, I wish it to be used in its
vindication.
“Seventh: It is my will that my library should be left at the
disposition of my dear wife.
“Eighth: To my dearly beloved wife I bequeath my watch, and all my
jewelry, subject to her disposition.
“Ninth: I hereby appoint my dearly beloved wife, Margaret, Testamentary
Guardian of my children, their persons and estates during minority. But
should a wise Providence, through its inscrutable decrees see fit to
deprive our offspring of both parents and make them orphans indeed, it
is hereby delegated to my Executors who are hereby confirmed, J. Carroll
Smith, Thomas Carothers, Thomas Gibbs, and Anthony M. Branch, to make
such disposition in regard to their welfare as they may think best
calculated to carry out the designs as expressed in this my last Will
and Testament.
“Tenth: And I direct and enjoin my Executrix and Executors that after
the probate and registry of this my last Will, and return of Inventory
of my estate, the County or other Court of Probate, have no further
control over my Executors or Testamentary Guardian or of my estate.
“Done at Huntsville the second day of April, 1863.
“SAM HOUSTON.”
WILL OF JULIA WARD HOWE
Julia Ward Howe, poet, philanthropist and advocate of abolition and of
the legal and political rights of women, died October 17, 1910, at the
age of ninety-one.
The “Battle Hymn of the Republic,” her most famous creation, was written
in 1861; inspired, it is said, by the sight of troops marching to the
tune of “John Brown’s Body.”
Her will was filed for probate in November 1910; it is in these words:
“I, Julia Ward Howe, of Boston, in the County of Suffolk and
Commonwealth of Massachusetts, widow, do make this my last will and
testament.
“I give and devise to George H. Richards, of Boston aforesaid,
counsellor at law, and to his heirs, all my real estate in Tumwater,
Thurston County, in the State of Washington, but in trust nevertheless,
for the benefit of my grandchildren, Samuel P. Hall and Alice M.
Richards and their heirs, with power to sell the same or any portion or
portions thereof and to invest and re-invest the proceeds of any such
sales in either real estate or personal property, and in trust to pay
the net income of this trust equally to my said grandchildren or their
heirs, and at the end of five years from the time of my death to sell
all property, both real and personal, then held in this trust and pay
over the proceeds of the same equally to my said grandchildren or their
heirs, unless by their joint written request they shall name a later
date for the termination of this trust.
“All the rest and residue of my property, real and personal, I give,
devise and bequeath to my four children, Florence M. Hall, Henry M.
Howe, Laura E. Richards and Maud H. Elliott, and to the issue of any
that may have deceased by right of representation.
“I appoint the said George H. Richards, executor of this my will and I
request that no sureties be required on his official bond either as
executor or trustee.
“In witness whereof, I, the said Julia Ward Howe, have hereunto set my
hand and seal this eleventh day of November, A.D. 1897.
“JULIA WARD HOWE. (Seal)
* * * * *
“Signed, sealed and published by the said Julia Ward Howe, as and for
her last will and testament, in the presence of us, who at her request,
in her presence and in the presence of each other have hereunto
subscribed our names as witnesses.
“MARGARET LIVINGSTON CHANLER
“HENRY JAQUES
“HANNAH MCRAE”
WILL OF JOHN JAMES INGALLS
John J. Ingalls died August 16, 1900. His will was dated August 24,
1889, and is as follows:
“In the Name of God, Amen.
“I, John James Ingalls, of the City and County of Atchison in the State
of Kansas, Gentleman, mindful of the uncertainty of life and the
certainty of death, do make, publish and declare this my last Will and
Testament.
“I give, bequeath and devise unto my beloved wife, Anna Louisa, all my
property and estate, real, personal and mixed of every description and
wherever situated, and appoint her the sole executrix hereof without
bond, surety or undertaking.
“In witness whereof, I have hereunto set my hand this 24th day of
August, 1889.
“JOHN J. INGALLS.”
WILL OF WASHINGTON IRVING
Washington Irving died November 28, 1859.
The following is an abstract of his will, which was drawn by himself. It
bears date the 3rd day of December, 1858, not quite a year before his
death. He declared his general intention to be, to dispose of all his
estate so that it might be, as far as possible, kept together as a
maintenance for his brother Ebenezer and his daughters, who had been
accustomed to reside with him, to enable them to live with the same
degree of comfort and in the same respectable style they had been
accustomed to under his roof.
He gives to his nephew, Pierre Munro Irving, the copyright of his “Life
of Washington,” with the stereotype and electrotype plates which had
been executed for the same, and the plates engraved for its
illustration, together with the printed copies of the work that might
have been stricken off, leaving him to do with the copyright, types,
etc., what he might think proper for his pecuniary benefit. He bequeaths
to him, also, all his letters and unpublished manuscripts.
All the rest of his personal estate, he gives to his brother Ebenezer
for his life; and, on his death, to his daughters, then surviving him
and unmarried. The will then proceeds:
“_Second._ I give and devise my land and dwelling house in Westchester
County, which I have called ‘Sunnyside,’ to my brother, Ebenezer Irving,
for his life. On his death, I give the same in fee to his daughters or
daughter surviving him, and unmarried; trusting they will endeavor, as I
have endeavored, to make this homestead a rallying point, where the
various branches of the family connection may always be sure of a
cordial welcome.
“I trust, also, they will never sell nor devise this particular property
out of the family--though circumstances may render it expedient or
necessary for them to rent it out or lease it for a term; but it is my
wish that the last survivor of those to whom I thus bequeath my estate
will, in turn, bequeath it entire to some meritorious member of the
family bearing the family name, so that ‘Sunnyside’ may continue to be,
as long as possible, an _Irving homestead_.
“I give all the residue of my estate, real and personal, to accompany
the devise of ‘Sunnyside’ to the same persons, for the like interests,
and subject to the like contingencies and power.
“_Third._ I authorize my executors to make sale of, or otherwise convert
into money or productive funds, all other lands and tenements I may own,
wheresoever situated.
“_Last._ I appoint my brother, Ebenezer Irving, and my nephew Pierre M.
Irving, executors of this my will. I revoke all other and former wills.”
* * * * *
“WASHINGTON IRVING.”
WILL OF ANDREW JACKSON
Andrew Jackson died June 8, 1845. Extracts from his will, together with
a synopsis of its interesting provisions, are here given:
“And whereas since executing my will of the 30th of September, 1833, my
estate has become greatly involved by my liabilities for the debts of my
well beloved and adopted son Andrew Jackson Jnr., which makes it
necessary to alter the same.”
“First. I bequeath my body to the dust whence it came, and my soul to
God who gave it: hoping for a happy immortality through the atoning
merits of our Lord Jesus Christ, the Saviour of the World.”
He desires that his body be buried by the side of his wife in the garden
at the Hermitage, in the vault prepared in the garden.
He desires that all of his just debts be paid out of his personal and
real estate by his Executor, including the debt of “my good friends
Gen’l J. B. Planche & Co. of New Orleans, for the sum of six thousand
dollars with the interest accruing thereon, loaned to me to meet the
debts due by A. Jackson Jnr., for the purchase of the Plantation, from
Hiram G. Runnels, lying on the East bank of the River Mississippi in
the State of Mississippi. Also a debt due by me of ten thousand dollars
borrowed of my friends Blair and Rives, of the City of Washington and
District of Columbia, with the interest accruing thereon being applied
to the payment of the land bot. of Hiram G. Runnels as aforesaid, and
for the faithful payment of the aforesaid recited debts, I hereby
bequeath all my real and personal estate. After those debts are fully
paid &c.”
After the before recited debts are fully paid, he gives to his adopted
son Andrew Jackson, <u>Junier</u>, the tract of land “whereon I now live, known
<u>by</u> the Hermitage, with all my negroes that I may die possessed of, with
the except on hereinafter named, with all their increase, all household
furniture, farming tools, stock of all kind, both on the Hermitage tract
farms as well as those on the Mississippi plantation, and his heirs
forever.”
To his beloved granddaughter, Rachel Jackson, daughter of A. Jackson,
Jr., and Sarah, his wife, he gives several negroes (conveyance
theretofore deposited with wife of Andrew Jackson, Jr.), and to his
beloved grandson Andrew Jackson, son of A. Jackson, Jr., he gives a
negro boy named “Ned, son of Blacksmith Aaron and Hannah his wife”; to
his grandson, Samuel Jackson, he gives “one negro boy Davy or George,
son of Squire and his wife Gincy.”
To Sarah Jackson, wife of his adopted son, Andrew Jackson, of whom he
speaks in very affectionate terms, “I hereby recognize by this bequest,
the gift I made her on her marriage, of the negro girl Gracy which I
bought for her, ... as her maid and seamster with her increase, and my
house servant Hannah, and her two daughters, ... to her and her heirs
forever.” “This gift and bequest is made for my great affection for her;
as a memento of her uniform attention to me, and kindness on all
occasions, and particularly when worn down with sickness, pain and
debility, she has been more than a daughter to me and I hope she will
never be disturbed in the enjoyment of this gift, and bequest by any
one.”
To his nephew, Andrew J. Donelson, he gives “the elegant sword presented
to me by the State of Tennessee,” with an injunction.
To his grandnephew, Andrew Jackson Coffee, “I bequeath the elegant sword
presented to me by the Rifle Company of New Orleans, commanded by Capt
Beal, as a memento of my regard and to bring to his recollection the
gallant services of his deceased father Genl. John Coffee in the late
Indian and British war under my command, and his gallant conduct in
defence of New Orleans in 1814 and 1815, with this injunction, that he
wield it in the protection of the rights secured to the American citizen
under our glorious constitution, against all invaders whether foreign
foes or intestine traitors.”
To his grandson, Andrew Jackson, “the sword presented to me by the
citizens of Philadelphia, with this injunction, that he will always use
it in defence of the constitution of our glorious union, and the
perpetuation of our republican system--remembering the motto ‘draw me
not without occasion nor sheath me without honor!’”
“The pistols of Genl. Lafayette which <u>was</u> presented by him to Genl.
George Washington and by Col. Wm. Robertson presented to me, I bequeath
to George Washington Lafayette as a memento of the illustrious
personages thro whose hands they have passed, his _father and the father
of his Country_.”
“The gold box presented to me by the Corporation of the City of New
York--the large silver vase presented to me by the Ladies of Charleston,
South Carolina, my native State, with the large picture representing the
unfurling of the American banner, presented to me by the Citizens of
South Carolina, when it was refused to be accepted by the United States
Senate, I leave in trust to my son A. Jackson Jnr. with directions that
should our happy Country not be blessed with peace, an event not always
to be expected, he will at the close of the war or end of the conflict,
present each of said articles of inestimable value, to that patriot
residing in the City or State from which they were presented who shall
be adjudged by his Countrymen, or the Ladies, to have been the most
<u>valient</u> in defence of his Country and our Country’s rights.”
To General Robert Armstrong he bequeaths his case of pistols and sword
worn by himself throughout his military career.
To his son he leaves all his walking canes, and other relics, to be
distributed amongst his young relatives, namesakes--first, to his
namesake, Andrew J. Donelson, son of his nephew, A. J. Donelson, first
choice, and then to be distributed as his son may think proper.
“Lastly, I appoint my adopted son Andrew Jackson Jnr., my whole and sole
Executor of this my last will and testament.”
WILL OF JOHN JAY
The will of Mr. John Jay, who died at his residence, Bedford,
Westchester County, New York, May 17, 1829, in the eighty-fourth year of
his age, is as follows:
“I, John Jay, of Bedford, in the county of Westchester, and State of New
York, being sensible of the importance and duty of so ordering my
affairs as to be prepared for death, do make and declare my last will
and testament in manner and form following, viz.:--Unto Him Who is the
author and giver of all good, I tender sincere and humble thanks for His
manifold and unmerited blessings, and especially for our redemption and
salvation by His beloved Son. He has been pleased to bless me with
excellent parents, with a virtuous wife, and with worthy children. His
protection has accompanied me through many eventful years, faithfully
employed in the service of my country; and His providence has not only
conducted me to this tranquil situation, but also given me abundant
reason to be contented and thankful. Blessed be His holy name. While my
children lament my departure, let them recollect that in doing them
good, I was only the agent of their Heavenly Father, and that He never
withdraws His care and consolations from those who diligently seek Him.
“I would have my funeral decent, but not ostentatious. No scarfs--no
rings. Instead thereof, I give two hundred dollars to any one poor
deserving widow or orphan of this town, whom my children shall select.”
* * * * *
“I appoint all my children, and the survivors or survivor of them,
executors of this my last will and testament. I wish that the
disposition which I have therein made of my property, may meet with
their approbation, and the more so, as their conduct relative to it, has
always been perfectly proper, reserved, and delicate. I cannot conclude
this interesting act, without expressing the satisfaction I have
constantly derived from their virtuous and amiable behavior. I thank
them for having largely contributed to my happiness by their
affectionate attachment and attention to me, and to each other. To the
Almighty and Beneficent Father of us all, to His kind providence,
guidance, and blessing, I leave and commend them.”
WILL OF JOSEPH JEFFERSON
Joseph Jefferson, the distinguished American comedian, died in 1905, in
his seventy-sixth year. Aside from his reputation as a great actor, he
was a landscape painter of considerable ability. His will, executed in
duplicate, is dated the 27th day of October, 1899, and is signed “Joseph
Jefferson” and “J. Jefferson.” To certain friends, he bequeaths the sum
of twenty-three thousand dollars ($23,000), one of whom was Joseph
Sefton, of Fitzroy, Melbourne, Australia.
Unto his wife, Sarah Jefferson, he gives his books, pictures, horses,
carriages and other personal property in and about his residence at
Buzzards Bay; he also gives her his residence and lands constituting
said estate, together with one-third of his bonds, stocks, mortgages and
money, as well as one-half of the proceeds of his real estate in
Louisiana, and one-third of the proceeds of all other real estate.
His oil paintings, painted by himself, he directed should be equally
divided among his wife and children, in the following manner: “My wife
shall first choose such paintings as she prefers to an extent equalling
her share thereof: then my eldest child shall make a like selection; and
my other children shall then in turn make their several selections.”
All the rest of his estate, real and personal, he directs shall be sold
and equally divided among his children. The will concludes:
“I desire that my remains shall be deposited in such burial plot or
place as shall be selected by my family, and that my funeral shall be
strictly private and without show or ostentation of any kind.”
A codicil written at “The Reefe,” Palm Beach, Florida, December 14th,
1904, is in the following words:
“To my Wife and to my Executor:
“I, Joseph Jefferson, being sound of mind, do make and authorize this
document as a codicil to my last will and testament.
“I bequeath to my faithful attendant, Carl Kettler, if in my employ at
the time of my death, the sum of $1000.00.
“Also I bequeath to George McQueen if in my employ at the time of my
death, the sum of $500.00.
“I bequeath to the Actors’ Home $1000.00; to the actors and actresses
who are inmates of said Home $500.00; to be equally divided between
them.
“I bequeath to the Theatrical Woman’s League $500.00.
“I bequeath to the Actors’ Fund $500.00.
“To my old friend, William Winter, Sr. the sum of $500.00 and one of my
pictures painted by myself.
“To my friend, Honorable Grover Cleveland, my best Kentucky reel.
“My fishing and sporting tackle to be divided between my five sons.
“To my friend, Earnest Gittings of Baltimore, one of my own paintings to
be selected by my wife.
“J. JEFFERSON.”
WILL OF THOMAS JEFFERSON
Thomas Jefferson, the author of the Declaration of Independence, and the
third President of the United States, died on July 4, 1826, the same day
that his predecessor in office, John Adams, passed away.
His will is dated the 16th day of March, 1826, and on the following day
a codicil of equal length was added. Both the will and the codicil will
be found attractive and entertaining, and are here fully transcribed.
* * * * *
“I, Thomas Jefferson, of Monticello, in Albemarle, being of sound mind
and in my ordinary state of health, make my last will and testament in
manner and form as follows:
“I give to my grandson Francis Eppes, son of my dear deceased daughter
Mary Eppes, in fee simple, all that part of my lands at Poplar Forest
lying west of the following lines, to wit: beginning at Radford’s upper
corner near the double branches of Bear Creek and the public road, and
running thence in a straight line to the fork of my private road, near
the barn; thence along that private road (as it was changed in 1817), to
its crossing of the main branch of North Tomahawk Creek; and from that
crossing, in a direct line over the main ridge which divides the North
and South Tomahawk, to the South Tomahawk, at the confluence of two
branches where the old road to the Waterlick crossed it, and from that
confluence up the northermost branch, (which separate M’Daniels’ and
Perry’s fields) to its source; and thence by the shortest line to my
western boundary. And having, in a former correspondence with my
deceased son-in-law, John W. Eppes, contemplated laying off for him,
with remainder to my grandson Francis, a certain portion in the
southern part of my lands in Bedford and Campbell, which I afterwards
found to be generally more indifferent than I had supposed, and
therefore determined to change its location for the better; now to
remove all doubt, if any could arise on a purpose merely voluntary and
unexecuted, I hereby declare that what I have herein given to my said
grandson, Francis, is instead of, and not additional to, what I had
formerly contemplated. I subject all my other property to the payment of
my debts in the first place. Considering the insolvent state of the
affairs of my friend and son-in-law, Thomas Mann Randolph, and that what
will remain of my property will be the only resource against the want in
which his family would otherwise be left, it must be his wish, as it is
my duty, to guard that resource against all liability for his debts,
engagements or purposes whatsoever, and to preclude the rights, powers,
and authorities over it, which might result to him by operation of law,
and which might, independently of his will, bring it within the power of
his creditors, I do hereby devise and bequeath all the residue of my
property, real and personal, in possession or in action, whether held in
my own right, or in that of my dear deceased wife, according to the
powers vested in me by deed of settlement for that purpose, to my
grandson, Thomas J. Randolph, and my friends Nicholas P. Trist and
Alexander Garrett, and their heirs, during the life of my said
son-in-law, Thomas M. Randolph, to be held and administered by them, in
trust, for the sole and separate use and behoof of my dear daughter,
Martha Randolph, and her heirs; and aware of the nice and difficult
distinction of the law in these cases, I will further explain by saying,
that I understand and intend the effect of these limitations to be, that
the legal estate and actual occupation shall be vested in my said
trustees, and held by them in base fee, determinable on the death of my
said son-in-law, and the remainder during the same time be vested in my
said daughter and her heirs and of course disposable by her last will,
and that at the death of my said son-in-law the particular estate of the
trustees shall be determined, and the remainder in legal estate,
possession, and use, become vested in my said daughter and her heirs, in
absolute property forever. In consequence of the variety and
indescribableness of the articles of property within the house at
Monticello, and the difficulty of inventorying and appraising them
separately and specifically, and its inutility, I dispense with having
them inventoried and appraised; and it is my will that my executors be
not held to give any security for the administration of my estate. I
appoint my grandson Thomas Jefferson Randolph, my sole executor during
his life, and after his death, I constitute executors my friends
Nicholas P. Trist and Alexander Garrett, joining to them my daughter
Martha Randolph, after the death of my said son-in-law Thomas M.
Randolph. Lastly, I revoke all former wills by me heretofore made; and
in witness that this is my will, I have written the whole with my own
hand on two pages, and have subscribed my name to each of them this
sixteenth day of March, one thousand eight hundred and twenty-six.
“THOMAS JEFFERSON.”
* * * * *
“I, Thomas Jefferson, of Monticello, in Albemarle, make and add the
following codicil to my will, controlling the same so far as its
provisions go:
“I recommend to my daughter Martha Randolph, the maintenance and care of
my well beloved sister Anne Scott, and trust confidently that from
affection to her, as well as for my sake, she will never let her want a
comfort. I have made no specific provision for the comfortable
maintenance of my son-in-law Thomas M. Randolph, because of the
difficulty and uncertainty of devising terms which shall vest any
beneficial interest in him, which the law will not transfer to the
benefit of his creditors, to the destitution of my daughter and her
family, and disablement of her to supply him: whereas, property placed
under the exclusive control of my daughter and her independent will, as
if she were a feme sole, considering the relation in which she stands
both to him and his children, will be a certain resource against want
for all.
“I give to my friend James Madison, of Montpelier, my gold-mounted
walking staff of animal horn, as a token of the cordial and affectionate
friendship which for nearly now an half century, has united us in the
same principles and pursuits of what we have deemed for the greatest
good of our country.
“I give to the University of Virginia my library, except such particular
books only, and of the same edition, as it may already possess, when
this legacy shall take effect: the rest of my said library, remaining
after those given to the University shall have been taken out, I give to
my two grandsons-in-law Nicholas P. Trist and Joseph Coolidge. To my
grandson Thomas Jefferson Randolph, I give my silver watch in
preference of the golden one, because of its superior excellence. My
papers of business going of course to him, as my executor, all others of
a literary or other character I give to him as of his own property.
“I give a gold watch to each of my grandchildren, who shall not have
already received one from me, to be purchased and delivered by my
executors to my grandsons, at the age of twenty-one, and granddaughters
at that of sixteen.
“I give to my good, affectionate, and faithful servant Burwell, his
freedom, and the sum of three hundred dollars, to buy necessaries to
commence his trade of glazier, or to use otherwise, as he pleases.
“I give also to my good servants John Hemings and Joe Fosset, their
freedom at the end of one year after my death; and to each of them
respectively, all the tools of their respective shops or callings; and
it is my will that a comfortable log-house be built for each of the
three servants so emancipated, on some part of my lands convenient to
them with respect to the residence of their wives, and to
Charlottesville and the University, where they will be mostly employed,
and reasonably convenient also to the interests of the proprietor of the
lands, of which houses I give the use of one, with a curtilage of an
acre to each, during his life or personal occupation thereof.
“I give also to John Hemings the service of his two apprentices Madison
and Eston Hemings, until their respective ages of twenty-one years, at
which period respectively, I give them their freedom; and I humbly and
earnestly request of the legislature of Virginia a confirmation of the
bequest of freedom to these servants, with permission to remain in this
State, where their families and connections are, as an additional
instance of the favor, of which I have received so many other
manifestations in the course of my life, and for which I now give them
my last solemn, and dutiful thanks.
“In testimony that this is a codicil to my will of yesterday’s date, and
that it is to modify so far the provisions of that will, I have written
it all with my own hand in two pages, to each of which I subscribe my
name, this seventeenth day of March, one thousand eight hundred and
twenty-six.
“THOMAS JEFFERSON.”
WILL OF ROBERT E. LEE
General Robert E. Lee died October 12, 1870. The following is a literal
copy of his will, together with a schedule of his property:
“I, Robert E. Lee of the U. S. Army, do make ordain & declare this
instrument to be my last will & testament revoking all others.
“1. All my debts, whatever they may be, & of which there are but few,
are to be punctually, & speedily paid.
“2. To my dearly beloved wife _Mary Custis Lee_ I give & bequeath the
use profit & benefit of my whole Estate real & personal, for the term of
her natural life, in full confidence that she will use it to the best
advantage in the education & care of my children.
“3. Upon the decease of my wife it is my will & desire that my Estate be
divided among my children, in such proportions to each, as their
situations & necessities in life may require; and as may be designated
by her; & I particularly request that my second daughter Anne Carter,
who from an accident she has recd. in one of her eyes, may be more in
want of aid than the rest, may if necessary be particularly provided
for.
“Lastly I constitute & appoint my dearly beloved wife _Mary Custis Lee_
& my eldest son _George Washington Custis Lee_ (when he shall have
arrived at the age of twenty one years) executrix & executor of this my
last will & testament, in the construction of which I hope & trust no
dispute will arise.
“In witness of which I have set my hand & seal this thirty first day of
August in the year one thousand eight hundred & forty six.
“R. E. LEE.”
“SCHEDULE OF PROPERTY
“100 Shares of the Stock of the Bank of Virginia Richmond $10,000.00
39 Shares of the Stock of the Valley of Virginia Winchester 3,900.00
$6,100. of Jas. R. & Kanawha Compy Bonds 6,100.00
$2,000. Virginia 6 per ct State Bonds 2,000.00
$2,000. Phil: Wil: & Baltimore R. R. 6 per ct loan 2,000.00
$2,000. Bonds of Kentucky 6 pr cts 2,000.00
6 per cts Bonds of the State of Ohio 5,000.00
Bond of John Lloyd & wife 3,000.00
Bonds of Workner & Rice & of Louis Engel, St. Louis, Mo: 4,500.00
1 Share of Nat: theatre, Washington City 250.00
---------
$38,750.00
_Nancy_ & her children at the White House New Kent all of whom I wish
liberated, so soon as it can be done to their advantage & that of
others. An undivided third part of the tract of land in Floyd Va.
devised to me by my mother, of which I am negotiating a sale with M. N.
Burwell for $2,500. My share of property in Hardy Va belonging to the
estate of my father. My share of a claim of the property leased to the
Government by my father at Harpers Ferry & believed to belong to his
estate. My share or 1/3 of 200 acres of land in Fairfax Co: Va:
“R. E. LEE.”
WILL OF JAMES LICK
James Lick was born at Fredericksburg, Lebanon County, Pennsylvania, on
August 25, 1796. He began life as an organ and piano maker, first at
Hanover, Pennsylvania, and afterwards at Baltimore, Maryland. In 1820,
he started business on his own account in Philadelphia, and shortly
afterward emigrated to Buenos Ayres, where for ten years he successfully
prosecuted his trade; subsequently, he moved to Valparaiso and later to
California, where he arrived with a moderate fortune in 1847. He spent
his remaining days in California, dying there October 1, 1876, leaving
an estate valued at about $4,000,000. He is said to have been of an
unlovable, eccentric, solitary and avaricious character. Had it not been
for his last will and testament, he would have died “unwept, unhonored,
and unsung.” This one act of his life was a contradiction of the whole.
By a trust deed, which was to be fully effective at his death, after
bequeathing a number of small legacies to friends and relatives, and
reserving for his own use $25,000 per year during his life, he provided
for the expenditure of $700,000 for the construction and equipment of an
astronomical observatory for the University of California; $25,000 was
bequeathed to the San Francisco Protestant Asylum; $10,000 to the
California Society for the Prevention of Cruelty to Animals: he also set
aside an amount equal to $20,000 for monuments to be erected to the
memory of his father, mother, grandfather and sister; $100,000 for the
founding of the Old Ladies’ Home of San Francisco; $150,000 for the
erection and maintenance of free public baths in San Francisco; $60,000
for the erection of a bronze monument in Golden Gate Park, San
Francisco, “to the memory of Francis Scott Key, author of the song, ‘The
Star-Spangled Banner;’” $100,000 for a group of bronze statuary
representing in three periods the history of California; $540,000 for
the founding and erection of a California School of Mechanical Arts: the
residue of his estate, he directed should be equally divided between the
California Academy of Sciences and the Society of California Pioneers.
The observatory constitutes the astronomical department of the
University of California, and was the most cherished of all Mr. Lick’s
schemes of public benefaction; it is claimed that he had nursed the idea
for many years before he began to put it into practical shape; he
directed that the telescope should be superior and more powerful than
any yet made, and it was such at the time of its erection; it is now the
second largest refracting telescope in the world, being surpassed only
by that of the Yerkes Observatory of the University of Chicago, located
at Williams Bay, Wisconsin. The situation on Mount Hamilton is
particularly advantageous, giving, as it does, an unobstructed view for
a radius of one hundred miles, and an opportunity for observation during
the greater part of the year,--clear nights occurring regularly for six
or seven months out of the year. In its construction, the wishes and
hopes of the testator were fully carried out, for, up to that time, no
such instrument had ever been cast or attempted.
WILL OF HENRY WADSWORTH LONGFELLOW
Longfellow, probably the most popular of American poets, died March 24,
1882.
Certain words were erased in his will, as indicated by the dashes; the
instrument follows:
“The last will and testament of Henry Wadsworth Longfellow of Cambridge,
in the County of Middlesex and State of Massachusetts, gentleman.
“I devise to my sister Mrs. Anna L. Pierce the sum of Five hundred
dollars annually, during her life; and I direct my Executor hereinafter
named, to retain in his hands an amount of property sufficient to yield
the above sum in each and every year; the principal to be finally
distributed among my heirs at law, as hereinafter provided.
“I also give the following sums as legacies to and among my relatives
and friends.
“Five ---- to my brother Samuel Longfellow. ---- the children of my
brother Stephen Longfellow. Five Thousand dollars to my brother
Alexander Wadsworth Longfellow. ---- the children of George W. Greene of
East Greenwich, Rhode Island.
“The residue of my property I give to my children, in the same manner,
as the same would have descended to them by the statutes of distribution
in this Commonwealth, had I died intestate.
“I appoint my friend Richard H. Dana, Sr., Esquire of Cambridge,
Executor of this my last will and testament.
“In witness whereof I have hereto set my hand and seal this twenty fifth
day of May in the year eighteen hundred and sixty eight.
“HENRY W. LONGFELLOW.”
WILL OF WILLIAM MCKINLEY
William McKinley died at Buffalo, New York, September 14, 1901. His will
is as follows:
“EXECUTIVE MANSION, WASHINGTON.
“I publish the following as my latest will and testament, hereby
revoking all former wills.
“To my beloved wife Ida S. McKinley I bequeathe all of my real estate
wherever situate, and the income of any personal property of which I may
be possessed at death, and during her natural life.
“I make the following charge upon all of my property both real and
personal. To pay my Mother during her life One thousand dollars a year,
and at her death said sum to be paid to my sister Helen McKinley.
“If the income from property be insufficient to keep my wife in great
comfort, & pay the <u>anuity</u> above provided, then I direct that such of my
property be sold so as to make a sum adequate for both purposes.
Whatever property remains at the death of my wife I give to my brothers
& sisters share & share alike. My chief concern is that my wife from my
estate shall have all she requires for her comfort & pleasure, & that my
Mother shall be provided with whatever money she requires, to make her
old age comfortable and happy.
“Witness my hand and seal this 22ond day of October 1897, to my last
will and testament made at the City of Washington Dist. of Columbia.
“WILLIAM MCKINLEY.”
WILL OF DOLLY P. MADISON
The will of Dolly P. Madison, Washington’s first social queen, wife of
President James Madison, is as follows:
“In the name of God, Amen.
“I, Dolly P. Madison, widow of the late James Madison of Virginia, being
of sound & disposing mind and memory but feeble in body having in view
the uncertainty of life & the rapid approach of death do make publish
and declare the following to be my last will and testament: That is to
say I hereby give and bequeath to my dear son John Payne Todd the sum of
ten thousand dollars being the one half of the sum appropriated by the
Congress of the United States for the purchase of my husbands papers,
which sum stands invested in the names of James Buchanan, John G. Mason
& Richard Smith as trustees:
“Secondly I give and bequeath to my adopted daughter Annie Payne ten
thousand dollars, the remaining half of the said sum of twenty thousand
dollars, appropriated as aforesaid by Congress and standing in the names
of said trustees, for her lifetime; hereby directing the said sum of ten
thousand dollars to remain in the names of the said trustees for the use
of my said adopted daughter for her life and that they the said trustees
pay the interest as it becomes due on the same, to her, during her life.
“And I further will & devise that should my said son John Payne Todd
survive my said daughter that upon her death the sum so devised to her
shall be paid over to him & his executors; but in the event of my said
adopted daughter Annie Payne, surviving the said John Payne Todd that
the sum above devised to her for life shall be held by the said trustees
for her & her executors forever free from all condition; leaving all the
rest and residue of my property to be administered and distributed
according to law.
“D. P. MADISON.”
WILL OF JAMES MADISON
Ex-President James Madison, fourth President of the United States, died
on June 28, 1836. By his will, he devises unto his wife, during her
life, the tract of land whereon he lived; provided that within three
years after his death, she would pay the sum of Nine Thousand Dollars
for certain lands, but in the event she should not pay said sum, then
the land should be sold for cash and divided as afterwards directed in
the will.
Unto his wife, he devises his grist-mill with the land attached thereto,
for her use during her life, to be sold at her death, and the purchase
money to be divided between his nephews and nieces.
Unto his wife, he devises his house and lots in the city of Washington.
He likewise gives unto his wife, the negroes owned by him, with the
request, however, that none of them should be sold without their
consent, unless for misbehavior; except that infant children might be
sold with their parents, who would consent for them.
All his personal estate of every description, ornamental, as well as
useful, except as otherwise bequeathed, is given to his wife, together
with all manuscript papers, with the statement that the testator has
entire confidence in her discreet and proper use of them.
He suggests that the report made by him of the Convention at
Philadelphia in 1787, would be particularly gratifying to the people of
the United States and to all who take an interest in the progress of
political science and the cause of true liberty. This report he desires
to be published under the authority of his wife and by her direction;
the proceeds to be paid out as follows: Two Thousand Dollars to Mr.
Gurley, Secretary of the Colonization Society; Fifteen Hundred Dollars
to the University of Virginia; One Thousand Dollars to the College of
Nassau Hall at Princeton, New Jersey; and One Thousand Dollars to the
College of Uniontown, Pennsylvania, for the benefit of their respective
libraries. This fund is also to embrace a trust created for the
education of the sons of two deceased nephews, Robert S. Madison and
Ambrose Madison.
Unto the University of Virginia, the testator gives all that portion of
his library which is not possessed by the University and which the board
of visitors might deem worthy of a place therein, reserving, however, to
his wife, the right to select such books and pamphlets as she should
choose, not exceeding three hundred volumes.
To his brother-in-law, John C. Payne, he devises two hundred and forty
acres of land on which the said John C. Payne was living.
Unto his stepson, John Payne Todd, he gives the case of medals presented
by George W. Erving, and the walking staff made from a timber of the
frigate, _Constitution_, which was presented to the testator by
Commodore Elliot, her commander.
His mounted walking staff, bequeathed to the testator by Thomas
Jefferson, he directs shall be delivered to Thomas J. Randolph.
There is a codicil to this will, wherein the testator directs that the
proceeds of the sale of the grist-mill, upon the death of his wife,
shall be paid to the American Colonization Society. The codicil is
written with the hand of the testator.
WILL OF CHIEF JUSTICE MARSHALL
The will of the great expounder of the Constitution of the United States
is on file in Richmond, Virginia. Included in its provisions is the
forest home of Lord Fairfax, Greenway Court, that George Washington
surveyed, and where he was frequently a guest. The Chief Justice bought
a portion of this land, and received the rest as a fee for arranging the
disputed questions between the State of Virginia and the heirs of Lord
Fairfax.
The will is dated April 9, 1832, and has five codicils, the last written
a short time before his death. The will begins:
“I, John Marshall, do make this my last will and testament entirely in
my own handwriting this ninth day of April, 1832. I owe nothing on my
own account.”
He mentions a suit for some property he had purchased, and some paper he
was on, as surety for a friend. The suit mentioned in the will was one
that was not settled until forty years after his decease, and his heirs
were so numerous at that time that each received only eleven dollars out
of a considerable sum.
The estate is divided equally between an only daughter and five sons,
the wife having predeceased him. The share of the daughter is left in
trust, and the testator states that common prudence dictates that a
daughter should be protected from distress whatever casualties might
happen.
His great affection for his wife is evidenced throughout the instrument.
In carrying out some of her wishes, he spoke of her as one “whose
sainted spirit has fled from the sufferings inflicted on her in this
life.” He also requests his daughter to remember that the departed wife
“was the most affectionate of mothers.” Accompanying the will was a
beautiful eulogy to his wife, which he had written on the first
anniversary of her death.
To each of his grandsons named John he gave one thousand acres of land.
The will concludes with the statement that, having prior to that time
appointed his sons and son-in-law executors, but fearing so many
executors would produce confusion in the management of the estate, he
selected for this duty only one, namely, James Keith Marshall, directing
that no surety be required of him as such, and allowing him a thousand
dollars for his care and pains.
The favorite servant Robin it was directed should be emancipated, and if
he desired to go to Liberia, he was to have a hundred dollars for that
purpose. If he did not go, he was to receive fifty dollars. If under the
law he could not be consistently emancipated, then he was to choose his
own master among the sons, or, if he preferred, the daughter of the
testator.
WILL OF JAMES MONROE
James Monroe died July 4, 1831. His will, dated the sixteenth day of
May, 1831, is in part as follows:
“Having given my estate called Ashfield to my daughter Elizabeth, which
estate cost me about six thousand dollars, it is my will and intention
to pay my daughter Maria that sum, to put them on an equality in the
first instance; and then divide my property remaining after paying my
just debts equally between them, my said daughters; with respect to the
works in which I am engaged and leave behind, I commit the care and
publication of them to my son in law Samuel L. Gouvernieur, giving to
him one third of the profits arising therefrom for his trouble in
preparing them for publication, one third to my daughter Maria and one
third to my daughter Elizabeth.
“I appoint and constitute my son in law Samuel L. Gouvernieur my sole
and exclusive executor of this my last will and testament, hereby
revoking all others, giving him full powers to carry it into effect. I
recommend my daughter E. K. Hay to the fraternal care and protection of
my son in law Samuel L. Gouvernieur.
“JAMES MONROE.”
A codicil to the will is as follows:
“My very infirm and weak state of health, having rendered it altogether
impossible for me to manage my own concerns in any one circumstance, I
have committed them to Mr. Gouvernieur, in whose integrity I have
perfect confidence. This has been extended to the grant lately made me
by Congress, which I have authorized him, to enter and dispose of, in
his own name, well knowing that he will apply it in that way, with more
advantage than if entered in mine--I mention this, as a particular &
interesting example, with which I wish my family, as well as he and
myself to be acquainted. The whole will be under the operation after my
departure of my present testament. He will, of course, pay particular
attention to my other debts, as well as to that which I owe to himself,
and I further request Captain James Monroe & William M. Price, to adjust
and settle my account between Mr. Gouvernieur & myself--this request
having been made at his suggestion. Signed sealed published and declared
in the presence of ---- this seventeenth day of June in the year of our
Lord one thousand eight hundred and thirty one.
“JAMES MONROE.”
WILL OF GOUVERNEUR MORRIS
Gouverneur Morris, the celebrated orator and statesman of New York, died
in 1816. He had great affection for his wife, whom he married late in
life. This lady was Miss Ann Randolph, a cousin of John Randolph of
Roanoke, and was much younger than himself; their married life was one
of great happiness. He bequeathed to her a very handsome income and then
provided that in case she remarried the income should be doubled. It
must be noted that such cases are rare.
It was Gouverneur Morris who delivered funeral orations on Washington,
Hamilton and Clinton, and these addresses are masterpieces in
composition and literary finish.
WILL OF GEORGE PEABODY
George Peabody died in London, November 4, 1869. He was born in the
parish of Danvers, Massachusetts, in 1795: twice during the War of 1812
he was a volunteer in defence of the United States.
He established the house of Peabody & Company in London, and died there,
but ever maintained the liveliest interest in his native land; he
remained unmarried; during his lifetime, he gave away nearly ten
millions of dollars, largely for the betterment of society; the objects
of his bounty are too well known to be stated; the most influential
during his life being three millions for the promotion of education in
the Southern States, and three millions to erect model tenements for the
poor of London.
When he died, the Queen attended his funeral in person, accompanied by
the Royal Guard, and ordered that his body be placed in Westminster
Abbey; Gladstone was one of his pall-bearers; by his will, however, he
had directed that his body should rest in Harmony Grove in his native
village, by the side of his father and mother and in a spot known to his
boyish feet. The body was removed from the Abbey and placed on board the
British man-of-war, _Monarch_, in the presence of the Prime Minister,
the Secretary of Foreign Affairs and many distinguished citizens; the
_Monarch_ was convoyed to America by a French and an American
man-of-war.
The Rev. Newman Hall said, in his funeral oration: “George Peabody waged
a war against want and woe. He created homes--he never desolated one. He
sided with the friendless, the houseless, and his life was guided by a
law of love which none could ever wish to repeal. His was the task of
cementing the hearts of Briton and American, pointing both to their duty
to God and to Humankind.”
The philanthropy of Peabody was not in secret, or posthumous; he did not
clutch his treasures until death should release the grasp; he parted
with his millions in his lifetime. Mr. Moody, the Evangelist, relates
this incident:
“I was a guest of John Garrett once, and he told me that his father used
to entertain George Peabody and Johns Hopkins. Peabody went to England,
and Hopkins stayed in Baltimore. They both became immensely wealthy;
Garrett tried to get Hopkins to make his will, but he wouldn’t. Finally,
Garrett invited both to dinner and afterward asked Peabody which he
enjoyed most, the making of money or giving it away. Hopkins cocked up
his ears, and then Peabody told him that he had a struggle at first, and
it lasted until he went into his model London houses, and saw the little
children so happy. ‘Then,’ said Peabody, ‘I began to find out it was
pleasanter to give money away than it was to make it.’ Forty-eight hours
later Hopkins was making out his will, founding the University and
Hospital which bear his name.”
WILL OF JAMES K. POLK
Mr. Polk had held distinguished positions in the State of Tennessee, but
he was in no sense a national figure at the time of his nomination by
the Democratic party. His will was written with his own hand at the
Executive Mansion in Washington, at a time when he was President of the
United States; he was a lawyer of recognized ability, and his will was
witnessed by one who had been his law partner, but who was then a
senator of the United States. It was evidently the result of much
careful deliberation on his part. He died at Nashville on June 15, 1849,
comparatively a young man, not long after quitting the office of
President of the United States. His widow continued to reside on the
Polk place in the City of Nashville, and she survived him some forty
years. This venerable lady became one of the most unique social
characters in America. An annual pension of five thousand dollars voted
by Congress, maintained her in a position of ease and comfort, if not of
retired elegance. The legislature of Tennessee, at every one of its
sessions, adjourned and paid a ceremonial visit to her at her residence.
The life estate in the home place, which was devised to her by the will
of her husband, terminated at her death, some years ago.
President Polk had seven brothers and sisters now dead, but all of whom
left numerous children. Many of them joined together in a chancery suit
to set aside his will on the ground that it was void as being contrary
to the provision of the constitution of the State of Tennessee against
perpetuities. It has been suggested that the meanness of these persons
was extreme, as the estate was not large, and their action served to
upset Mr. Polk’s attempt to perpetuate his memory. The court did set
aside the will.
The heirs claimed that the State of Tennessee had no power to accept the
trust; that the trust was too vague and uncertain; that it created a
perpetuity; that it established a house of nobility, and secured through
the instrumentality of the State, a succession to persons related in
blood, privileges and honors inconsistent with the laws of the State.
The State of Tennessee affirmed that the main object of the testator was
to set aside a small lot of land for a tomb for himself and his wife,
and that the other matters devised were but incidents.
It was the desire of Polk that his homestead should never pass into the
hands of strangers, and also that the most worthy of his name and blood
might occupy it from generation to generation. The will also provided
that the tomb should be kept in repair forever by the tenant, as a small
return for the privilege of being permitted to occupy the home.
WILL OF GEORGE M. PULLMAN
George M. Pullman, of Pullman Palace Car fame, died October 19, 1897.
The will opens with the statement that his wife is not appointed
executrix or trustee, because the testator wishes to relieve her of the
labors, cares and responsibilities of these positions. Certain friends
are appointed executors of the will.
He directs his executors to set aside certain securities of great value,
which he gives to a trustee, and directs the income therefrom to be paid
to his wife during her life, and upon her death, the principal becomes a
part of the residuary estate. A similar provision is made for his
daughters. Upon the death of the daughters, however, leaving issue, the
property held in trust shall become absolutely the property of such
issue in equal shares. Upon the death of either daughter, leaving no
issue, but leaving a husband, one-half of the property then held in
trust for such daughter shall become absolutely the property of such
husband, and the other half shall pass into the residuary estate, as
shall all property so held in trust for either daughter dying without
having issue or husband.
The eighth item of the will reads as follows:
“Inasmuch as neither of my sons has developed such a sense of
responsibility as in my judgment is requisite for the wise use of large
properties and considerable sums of money, I am painfully compelled, as
I have explicitly stated to them, to limit my testamentary provisions
for their benefit to trusts producing only such income as I deem
reasonable for their support.” Accordingly he established trusts for
their benefit sufficient in the judgment of his executors to yield a
fixed income for each with capital over to their issue.
Out of the remainder of his estate, after satisfying the provisions
mentioned, the testator provides for his brothers and sisters by
pecuniary legacies or trust provisions. In like manner, he also provides
for other relatives, friends and employees, including household
servants. A number of charitable corporations are also given legacies.
To a daughter, he gives an island in the St. Lawrence River, one of “The
Thousand Islands,” on which the testator had erected an edifice known as
“Castle Rest,” which was intended for a summer home for his mother, and
which was used by her as such until the time of her death. This island
and the castle, with all its appurtenances, furniture and pictures, is
given to the daughter, as stated. The will then recites:
“It is my special wish that my said daughter shall each year keep open
said island and Castle Rest from not later than the 26th day of July,
which was my father’s birthday, until after the 14th day of August,
which was my mother’s birthday, for the accommodation and enjoyment of
all the descendants of my parents who may wish to visit and remain at
said Castle Rest for the period during which it is so opened, or for any
shorter time within said period.”
The power is given the daughter to dispose of this property by her last
will and testament, and if this right is not exercised, the property is
to pass to her issue in equal shares.
Full power is given the executors to sell or dispose of the estate at
their discretion. He directs that if any residue of the estate remain
after the devises, trusts and legacies specifically set forth, have been
satisfied, that such excess be divided into two equal shares and held as
a trust fund for his daughters.
WILL OF JOHN RANDOLPH
John Randolph--of Roanoke, as he styled himself--was born at Cawsons,
near the mouth of the Appomattox River, on the 3rd of June, 1773. He
died of consumption at Philadelphia on the 24th of June, 1833, at the
age of sixty years.
He was one of the most remarkable characters that this country has ever
produced. As is well known, he was noted both for his brilliancy and his
eccentricity; he was repeatedly elected to Congress, served a short time
as Minister to Russia, and was also a United States senator.
After his death, it was ascertained that he had left several wills: one
was written in 1819; another, without date, though written in 1821, had
four codicils, and still another was dated the first day of January,
1832. The first will was not admitted to probate; the last one was set
aside, because he was not considered of sound mind at the time he wrote
it. The will of 1821, however, after a long contest, was finally upheld;
by this instrument, he freed over three hundred slaves. This will and
the four codicils are here given literally.
“In the name of God, Amen.
“I, John Randolph, of Roanoke, do ordain this my last will and
testament, hereby revoking all other wills whatsoever.
“1. I give and bequeath all my slaves their freedom, heartily regretting
that I have ever been the owner of one.
“2. I give to my ex’or a sum not exceeding eight thousand dollars, or so
much thereof as may be necessary to transport and settle said slaves to
and in some other State or territory of the U.S., giving to all above
the age of forty not less than ten acres of land each.
“To my old and faithful servants, Essex and his wife Hetty, who, I
trust, may be suffered to remain in the State, I give and bequeath
three-and-a-half barrels of corn, two hundred weight of pork, a pair of
strong shoes, a suit of clothes, and a blanket each, to be paid them
annually; also, an annual hat to Essex, and ten pounds of coffee and
twenty of brown sugar.
“To my woman servant Nancy, the like allowance as to her mother. To Juba
(alias Jupiter) the same; to Queen the same; to Johnny, my body servant,
the same, during their respective lives.
“I confirm to my brother, Beverly, the slaves I gave him, and for which
I have a reconveyance.
“I bequeath to John Randolph Clay four hundred dollars annually to
complete his education, until he shall have arrived at the age of
twenty-four years, earnestly exhorting him never to eat the bread of
idleness or dependence.
“I bequeath to my namesake, John Randolph Bryan, my gold watch, chain
and seals, and the choice of my horses.
“I bequeath to his brother, Thomas, the choice of two of my horses.
“To William Leigh, of Halifax, I bequeath to him and his heirs forever
all the land on which I live, lying between the Owen’s ferry road and
Carrington’s, Cooke’s, Lipscomb’s and Morton’s lines. Also, the books,
plate, linen, household and kitchen furniture, liquors, stock, tools,
and everything as it now stands, hereby appointing him my sole executor.
And I do desire that he may not be required to give security, or to make
any inventory of anything here; that is, at my mansion-house or the
middle-quarter.”
[Cut out in the original.]
“B. Dudley, all the interest I have under the will of Mrs. Martha
Corran.
“My interest, under the will of Mrs. Judith Randolph, I desire my
executor to sell if he shall see fit, but not otherwise.
“The land above the Owen’s ferry road and the lower quarter, and the
land I bought of the Reads, to be sold at my said executor’s discretion,
and whatever m[cut out in the original]y debts I give and bequeath to
Francis Scott Key and the Rev. Wm. Meade, to be disposed of towards
bettering the condition of my manumitted slaves.
“I have not included my mother’s descendants in my will, because her
husband, besides the whole profits of my father’s estate during the
minority of my brother and myself, has contrived to get to himself the
slaves given by my grandfather Bland, as her marriage portion when my
father married her, which slaves were inventoried at my father’s death
as part of his estate, and were as much his as any that he had. One-half
of them, now scattered from Maryland to Mississippi, were entitled to
freedom at my brother Richard’s death, as the other would have been at
mine.
“Witness my hand and seal.”
The name [cut out in the original].
(SEAL.)
“In the presence of
“RICHARD RANDOLPH, JR.”
“Codicil to this my will, made the 5th day of December, 1821. I revoke
the bequest to T. B. Dudley, and bequeath the same to my executor, to
whom also I give in fee simple all my lots and houses in Farmville, and
every other species of property whatever that I die possessed of, saving
the aforesaid specifications in my will.”
[The name cut out of the original.]
“Amelia County.
“The reason of the above revocation I have communicated to Wm. J.
Barksdale, Esq.”
The codicil of 1826.
“In the name of God, Amen. I, John Randolph, of Roanoke, being of sound
mind and memory, but of infirm health, do ordain this codicil to my last
will and testament, now in the possession of Wm. Leigh, Esquire, of
Halifax county, Virginia, executor thereof, which said appointment I do
hereby confirm, with all the bequests made to him therein, and bequests
to or for the benefit of all, each and every of my slaves, whether by
name or otherwise, and all bequests to him and them which may be
contained in my codicil to my last will. I make the same provision for
my body servant John that I made in my will for his father Essex, and
the same provision for the said John’s wife Betsy that I made for Hetty,
the wife of Essex aforesaid, and similar provision for my man servant
Juba, and his wife Celia, and the same for mulatto Nancy at the Lower
Quarter, Archer’s wife. And I humbly request the General Assembly (the
only request that I ever preferred to them) to let the above named, and
such other of my old and faithful slaves as desire it, to remain in
Virginia, recommending them, each and all, to the care of my said ex’or,
who I know is too wise, just and humane, to send them to Liberia, or any
other place in Africa, or the West Indies.
“I revoke all and every bequest in my said will, or in any former
codicil thereto (except as aforesaid, to my executor Wm. Leigh, and my
slaves, whether by name or otherwise), of every description whatsoever,
whether of my own proper estate or in expectancy or reversion from the
Bland and Bizaree estate, or from any other contingency or source
whatsoever. These reversions or remainders, or executor’s devises, or
whatsoever the law chooses to call them, I bequeath to my said executor,
as a fund to be used at his discretion for the benefit of my slaves
aforesaid, the surplus, if any, to be his own.
“I also give and bequeath to the said Wm. Leigh, my executor, the land
that I bought of Pleasant Lipscomb’s estate, to him and his heirs
forever.
“I also give and bequeath to my said executor and his heirs forever the
lot of fifty-three acres of land lying at the deep gut on Staunton
river, in Halifax county, that I bought of Wm. Sims Daniel, and I
request my said executor not to sell or lease the same, but to work it
in three shifts, and to enable him to do so, I give and bequeath to him
the lot of one hundred and seventy-five acres of land in Halifax county,
which I also bought of Wm. Sims Daniel, to have and to hold during his
natural life, and at his decease to that one of his children to whom he
shall bequeath the aforesaid lot of fifty-three acres at the deep gut.
“I give and bequeath to my friend, Thomas H. Benton, all that part of
the tract of land that I bought of Jonathan Read’s heirs, that lies on
the south-eastern side of Little Roanoke, containing about six hundred
acres, as a mark of my regard to one whose friendship toward me was not
expressed merely in words. I also give him my large pistols, made by
Woydon & Burton.
“To my friend, Doctor John Brokenbough, I leave all my plate made by
Rundle, Bridge & Rundle, viz.: 1 tea pot, one coffee pot, 1 sugar dish
and tongs, two tureens, 4 sauce dishes. All the rest and residue of my
plate, furniture of every sort, plantation utensils, &c., I give to my
said executor, Wm. Leigh, and all my books, maps, charts, pictures,
prints, and &c., except three folio manuscript volumes, bound in
parchment, which I bequeath to the master and fellows (and their
successors) of Trinity College, Cambridge, Old England, the first
college of the first University of the world.
“To my friend Wm. J. Barksdale, of Haw Branch, Esquire, I bequeath my
new English saddle and bridle, my silver spurs, my new English boots,
and shoes, two pair each, my gold watch made by Baiwese, with the chain
and seals, except the oldest seal with the Randolph arms and motto _nil
admirari_, which I leave to R. Kidder Randolph, of Rhode Island.
“I also leave to the said W. J. Barksdale the choice of any of my mares
or fillies.
“I leave to Edmond Irby, of Nottoway, the next choice of my mares or
fillies, and any one of my horses or colts, to be selected by himself;
also, my double barrel gun.
“To Peyton Randolph, of Buck river, Prince Edward, I leave my small
cockney gun by Mortimer.
“All the rest and residue of my estate, real or personal, I leave to my
executor, Wm. Leigh, hereby directing that no inventory or appraisement
be made of my estate, and that no security shall be required of my said
executor for the faithful discharge of the trust reposed in him--his own
character being the best security, and where that is wanting, all other
is unavailing.
“In witness whereof I have hereunto set my hand and affixed my seal (the
following interlineation and expungings being first made; in the second
paragraph the word ‘Essex’ interlined; in the third paragraph the word
‘former’ interlined, and the word ‘or’ expunged; and in the 7th
paragraph the words ‘and tongs’ interlined) this thirty-first day of
January, one thousand eight hundred and twenty-six (the whole of this
codicil being written in my own hand).
“JOHN RANDOLPH, of Roanoke, (SEAL).
“In presence of
“M. ALEXANDER,
“NATH. MACON.
“MEMORANDUM.--The folio volumes of Ms. bound in parchment, containing
the records, &c., of the old London company.”
The Codicil of 1828.
“Being in great extremity, but in my perfect senses, I write this
codicil to my will in the possession of my friend Wm. Leigh, of Halifax
county, Esquire, to declare that will is my sole last will and
testament, and that if any other be found of subsequent date whether
will or codicil, I do hereby revoke the same.
“Witness my hand and seal.
“JOHN RANDOLPH, of Roanoke, (SEAL.)
“May 6, 1828.
“Witness,
“EDMUND MORGAN,
“JO. M. DANIEL,
“ROBERT CARRINGTON.
* * * * *
“N.B.--When I was about to embark for Europe, in 1822, I did write a
codicil on board the steamboat that was carrying me to the packet ship
_Amity_, which codicil by my direction, Mr. Leigh destroyed.
“Since writing the above, it has occurred to me that the will referred
to, as being in Mr. Leigh’s possession, makes no disposition of the land
that I purchased of Walter Coles and Letty his wife; also the land I
bought of ... Daniel, consisting of two small tracts in Halifax; also,
of the land purchased of Pleasant Lipscomb’s heirs. Now this writing
witnesseth, that I give and bequeath the whole of the above recited
lands, purchased since the date of my will aforesaid, to William Leigh,
Esquire, my faithful friend, who has given me aid and comfort, not with
words only, but by deeds.
“I also give and bequeath to him and his heirs forever, not each and
every of the aforesaid tracts of land, but all the property of every
description and kind whatsoever that I may have acquired since the date
of that will aforesaid.
“Witness my hand and seal this same sixth day of May, 1828.
“JOHN RANDOLPH, of Roanoke, (SEAL.)
“EDMUND MORGAN,
“JO. M. DANIEL,
“ROBT. CARRINGTON.
* * * * *
“In the will above recited, I give to my said ex’or, Wm. Leigh, the
refusal of the land above Owen’s (now Clark’s) ferry road, at a price
that I then thought very moderate, but which a change in the times has
rendered too high to answer my friendly intentions towards my said
executor in giving him that refusal. I do, therefore, so far, but so far
only, modify my said will as to reduce that price 50 per cent.; in other
words, one-half, at which he may take all the land above the ferry road
that I inherited from my father, all that I bought of the late John
Daniel, deceased, and of Tom Beaseley, Charles Beaseley, and others of
that name and family, this last being the land that Gabriel Beaseley
used to have in possession, and whereon Beverly Tucker lived, and which
I hold by deed from him and his wife, of record in Charlotte county
court.
“Witness my hand and seal ---- day and year aforesaid.
“JOHN RANDOLPH, of Roanoke, (SEAL.)
(The words ‘but so far only,’ and the word ‘from’ in the preceding page,
first interlined.)
“Witness,
“EDMUND MORGAN,
“JO. M. DANIEL,
“ROBT. CARRINGTON.”
* * * * *
“As lawyers and courts of law are extremely addicted to making wills for
dead men, which they never made when living, it is my will and desire
that no person who shall set aside, or attempt to set aside, the will
above referred to, shall ever inherit, possess, or enjoy any part of my
estate, real or personal.
“JOHN RANDOLPH, of Roanoke, (SEAL.)
“Teste,
“ROBT. CARRINGTON,
“EDMUND MORGAN,
“JO. M. DANIEL.”
Codicil of 1831.
* * * * *
“On the eve of embarking for the U.S., considering my very feeble
health, to say nothing of the dangers of the seas, I add this codicil to
my last will and testament and the codicils thereto, affirming them all,
except so far as they may be inconsistent with the following disposition
of my estate:
“1. It is my will and desire that my dear niece, Elizabeth Tucker Bryan,
shall have my lower quarter, with the lands purchased of Coles and wife
and of Allen Gilliam’s estate, with the mill; and I do hereby bequeath
the same to her and her heirs forever.
“2. To my brother, Henry St. George Tucker, I give and bequeath all my
Bushy Forrest estate, on both sides of Little Roanoke, bought of the
Reads, and all my interest in the estate of Mrs. Martha Corran, and my
lots and houses in Farmville.
“3. I have upwards of two thousand pounds sterling in the hands of
Barring Brothers & Co., of London, and upwards of one thousand pounds of
like money in the hands of Gowane Marx; this money I leave to my ex’r,
Wm. Leigh, as a fund for carrying into execution my will respecting my
slaves. And in addition to the provision which I have made for my
faithful servant John, sometimes called John White, I charge my whole
estate with an annuity to him during his life of fifty dollars; and, as
the only favor that I ever asked of any government, I do entreat the
Assembly of Virginia to permit the said John and his family to remain in
Virginia; and I do earnestly recommend him and them to my executor
aforesaid and to my dear brother and niece aforesaid.
“4. My plate and library I leave to my dear niece, E. T. Bryan.
“Witness my hand, in Warwick street, Charing Cross, London, this
twenty-ninth day of August, one thousand eight hundred and thirty-two,
to which I have also appended my seal.
“JOHN RANDOLPH, of Roanoke, (L. S.)”
[Endorsement on the envelope,]
“J. R., of R.
In case of accident, to be sent to the U.S.”
WILL OF PAUL REVERE
“Listen, my children, and you shall hear
Of the midnight ride of Paul Revere.”
Paul Revere died May 10, 1818; his will is dated the 15th day of
November, 1816, and a codicil, the 14th day of March, 1818.
“In the name of God, Amen. I, Paul Revere of Boston in the County of
Suffolk and Commonwealth of Massachusetts, Esquire, being in good health
and of sound memory, but knowing that all men must die, do make and
declare this to be my last will and testament.”
The payment of his just debts is directed, and the executor is to sell
the real estate, if the personal property is not sufficient for that
purpose.
“Item. I give, bequeath and devise unto my five children hereafter
named, Mary Lincoln, wife of Jedediah Lincoln, Joseph Warren Revere,
John Revere, Harriet Revere, Marie, wife of Joseph Balestier, each and
every of them four thousand dollars.”
Item. Unto each of certain grandchildren, eighteen in number, the
children of his deceased daughters, Deborah, Frances and Elizabeth, and
a deceased son, Paul, he gives the sum of five hundred dollars.
“Item. It is my will that my grandson Frank (who now writes his name
Francis) Lincoln, eldest son of my late daughter Deborah, shall have no
part of my estate, except one dollar, which is here bequeathed to him.”
Item. He desired that Joseph Warren Revere, his son, should be appointed
guardian of the children of his deceased daughters, who should be under
age at the time of the division of his estate. Joseph Warren, who had
been of great assistance to his father in bringing the “copper business
to the state in which it now is,” is given the right to take, at a
certain valuation, “all my real estate in the town of Canton, and County
of Norfolk, whether lands, houses, mills, furnaces, together with the
tools and instruments thereunto belonging, with all my stock,
manufactured and unmanufactured, in Canton, Boston, or elsewhere.”
Item. A preference of five hundred dollars over other heirs is given his
grandson, Frederick Walker Lincoln, and to Joseph Eayres, another
grandson, a preference of two hundred and fifty dollars.
Item. Unto his daughter, Harriet, should she be unmarried at the time of
his death, he gives and bequeaths all household furniture for her sole
use forever.
Item. John Revere, his son, was appointed sole executor.
“Item. I give the residue of my estate, real and personal, if any
remain, after the payment of my debts and the legacies herein given, to
my son, Joseph Warren, and his heirs forever.” All former wills were
revoked.
By a codicil, the amount given Mary Lincoln, Harriet Revere, and Marie
Balestier, twelve thousand dollars, is annulled, and that sum is given
in trust to his son, Joseph W. Revere, for the benefit of said
daughters, the interest to be paid them during their natural lives, and
after their deaths, respectively, the said fund is to be paid to their
heirs (if the beneficiaries had not disposed of the same by will).
WILL OF RUSSELL SAGE
Russell Sage died July 21, 1906. His will is a clear, concise and
pointed document, and might well serve as a model of its kind. Under it,
safely passed one of the largest fortunes ever accumulated in the United
States. It reads:
“I, Russell Sage, of the City and State of New York, do hereby make,
publish and declare this my last Will and Testament, in manner and form
following:
“_First_: I direct that all my just debts and funeral expenses be paid
as soon after my decease as conveniently can be done.
“_Second_: I give and bequeath to my sister, Fanny Chapin, wife of
Samuel Chapin, of Oneida, New York, should she survive me, the sum of
Ten thousand ($10,000) dollars.
“_Third_: I give and bequeath to each and every of my nephews and nieces
of my own blood me surviving, the sum of Twenty five thousand ($25,000)
dollars; and in the event that any of such nephews or nieces shall have
died before me, leaving lawful issue him or her surviving, then I give
and bequeath a like sum of Twenty five thousand ($25,000) dollars to the
surviving lawful issue of each nephew or niece so dying before me, the
same to be distributed among such issue share and share alike, _per
stirpes_ and not _per capita_.
“_Fourth_: All the rest, residue, and remainder of my estate, real,
personal and mixed, wheresoever situate, of which I may die seized or
possessed, or to which I may be entitled at the time of my decease, I
give, devise and bequeath to my wife, Margaret Olivia Sage, to have and
to hold the same to her, absolutely and forever.
“_Fifth_: This provision for my wife is to be in lieu of all right of
dower in my estate.
“_Sixth_: I authorize and empower my executors hereinafter named, and
the survivors and survivor of them, to sell and dispose of all or any of
the real estate of which I shall die seized or possessed, at public or
private sale, at such times and on such terms and conditions as they,
the survivors or survivor of them shall deem meet or proper, and to
execute, acknowledge and deliver all proper writings, deeds of
conveyance and transfers therefor.
“_Seventh_: Should any of the gifts and bequests made by me in the
second and third paragraphs of this my will lapse or fail for any
reason, I direct that the bequests so lapsing or failing shall go to and
form part of my residuary estate, and be disposed of under and in
accordance with the provisions of the fourth paragraph of this my will.
“_Eighth_: I nominate, constitute and appoint my wife, Margaret Olivia
Sage; Dr. John P. Munn, of the City of New York; Almon Goodwin of said
City, and Charles W. Osborne long my confidential and trusted assistant,
the survivors and survivor of them, executrix and executors of this my
last Will and Testament.
“In the event of the death, refusal or inability to act of said Charles
W. Osborne, I hereby nominate and appoint Edward C. Osborne, also for
some years past in my employment, as Executor in his place and stead. I
further direct that none of the persons above named as executors shall
be required to give any bond or security for the proper discharge of
their duties.
“_Ninth_: I hereby authorize and direct my said executors to rent a
suitable office for the transaction of the business of my estate, and to
employ and pay out of the funds of my estate all the clerks and
bookkeepers that may be necessary for the proper care and management
thereof.
“_Tenth_: I hereby revoke all former or other wills and testamentary
dispositions by me at any time heretofore made.
“_Eleventh_: Should any of the beneficiaries under this my will, other
than my said wife, object to the probate thereof, or in any wise,
directly or indirectly, contest or aid in contesting the same, or any of
the provisions thereof, or the distribution of my estate thereunder,
then and in that event I annul any bequest herein made to such
beneficiary, and it is my will that such beneficiary shall be absolutely
barred and cut off from any share in my estate.
“In witness whereof I have hereunto subscribed my name and affixed my
seal at No. 2 Wall Street, New York City, Borough of Manhattan, this
eleventh day of February, 1901, in the presence of Edward Townsend and
Richard W. Freedman, whom I have requested to become attesting witnesses
hereto.
“RUSSELL SAGE. (SEAL.)
* * * * *
“The foregoing instrument was subscribed, sealed, published and declared
by Russell Sage as and for his last Will and Testament, in our presence
and in the presence of each of us, and we, at the same time, at his
request, in his presence and in the presence of each other, hereunto
subscribe our names and residences as attesting witnesses this 11th day
of February, 1901.
“EDWARD TOWNSEND, 130 West 121st St., New York.
“R. W. FREEDMAN, 32 West 123rd St., N. Y. City.”
WILL OF JOHN SHERMAN
John Sherman died Oct. 22, 1900. His will is as follows:
“Impressed with the uncertainty of human life I, John Sherman now a
Senator of the United States and from the State of Ohio and a Citizen of
Mansfield, do make and declare and publish this as my last will and
testament.
“ARTICLE ONE.. As the property I own has been mainly acquired since my
marriage with Cecilia Stewart Sherman and my highest obligation is to
her, I wish to secure her an ample provision during her life with
reasonable means of bequest at her death; Therefore I hereby give,
devise and bequeath to her as follows:
“FIRST. All my furniture, books, clothing, chattels and live stock and
carriages wherever they may be at my Death (except such Books and papers
as may be herein otherwise disposed of) to have and to hold in her own
right without inventory and with power to dispose of as she deems
proper.
“SECOND. I give and devise to her in fee simple all that part of the
South east quarter of section Twenty (20) in Madison Township, Richland
County, Ohio: Known as the Stewart farm and not disposed of at my death,
my interest being three parts thereof and her interest by inheritance
being one fourth, this is to include all sums due or accruing at the
time of my death on contracts for the sale of any part of said farm.
“THIRD. I give and devise to her for and during her natural life, and
for one year after her Death the use and occupation of my residence in
Mansfield, Ohio, including all the lands and lots I now own, or may
hereafter acquire, lying between West Market and Fourth Streets and Penn
Avenue and Sycamore Street. And I give and devise to her for and during
her Natural life and for One year after Death any House and the lot or
lots on which it stands in the City of Washington then belonging to my
estate which she may select and I direct my executors to pay all taxes
General or special on the property described in this clause, and to keep
it in good repair out of my General estate.
“FOURTH. I give and bequeath to her for and during her natural life an
annuity of Twelve Thousand dollars payable monthly or one thousand
Dollars a month at the beginning of each month, and in addition I
bequeath to her the sum of five thousand dollars payable Promptly at my
Death and the further sum of Twenty Thousand dollars to be disposed of
by her will or other gift after her death and to secure the prompt and
certain payment of this annuity I charge it upon all my property or the
proceeds of it, not required to meet the other provisions of this will,
and I direct my executors within six months after my death to set aside
as a special Fund enough income producing property to yield without
reasonable doubt the said sum of Twelve Thousand Dollars a year free
from all Taxes and repairs to be selected by her, one half or more of
which shall be rentable real estate, and such property and the income
thereof shall be held to secure the payment of said annuity and any
deficiency shall be made good from my general estate, a descriptive
inventory of the property so set aside shall be delivered to her, and no
part of it shall be sold or disposed of without her written consent.
“At her death the said property shall revert to my estate. This
provision for my wife shall be in full for her dower, her year’s
allowance and any other allowance or provision provided by law for a
widow, and I trust will be accepted by her as a just and ample one made
with an earnest desire for her ease and comfort.
“ARTICLE SECOND. I give, devise and bequeath to my adopted Daughter,
Mary Stewart Sherman the sum of One Hundred Thousand dollars as follows:
I hereby direct my Executors within six months after my death with the
consent and approval of my Daughter to set aside dedicate and designate
as Mary’s separate property so much of my estate as is equal in Cash
value to the said sum of One Hundred Thousand dollars, one half or more
of which shall be productive real estate and the remainder in good
income producing Stocks, Bonds and Mortgages and the said property shall
be held by my wife as long as she lives, as trustee for Mary, with power
to re-invest and change security; the income and rents of said property
or so much thereof as is necessary for the support and maintenance of
Mary shall be paid to her as needed. Upon the death of my wife the
principal whether in real estate or securities shall be conveyed
transferred and delivered to Mary or to her issue in full ownership. If
Mary should die without issue before the Death of my wife this devise
and bequest shall revert to my estate.”
Then follow legacies to brothers and sisters, amounting to $90,000.
“I give and bequeath to Kate Willock the only child of my sister Julia
Willock (deceased) the sum of $600.00 a year (in lieu of an annuity I am
now paying her) payable quarterly until the death of my wife, and if she
survives my wife I give her five thousand dollars. The several bequests
made in the third article are made (the 4th clause excepted) with the
distinct condition that at the discretion of my executors they may be
paid any time within two years after my death and either of them in
whole or in part in any real estate of which I die seized at its fair
market value.
“ARTICLE FOUR. I hereby constitute and appoint my wife Cecelia Stewart
Sherman and my Nephew Henry Stoddart Sherman as the Executors of this my
will and testament.
“I hereby will and direct that within two years after my Death my books
and papers so far as needed shall be placed in the possession of some
competent person and he shall prepare and publish an impartial Biography
of me with selections of my speeches and writings and I appropriate for
that purpose the sum of Ten Thousand dollars to be paid by my Executors
as needed. This provision is made not to secure a eulogy for I am
conscious of many faults, but I claim that in my duty to the public I
have been honest, faithful and true. I hereby allow to Henry S. Sherman
Two Thousand dollars a year commencing at the date of my death and
continuing as long as he lives and my wife survives me, as full
compensation for his services as executor and his acceptance of this
trust shall be considered as his agreement to this rate of compensation.
I trust my wife will take an active part as executrix for which I wish
her paid liberally.
“After the death of my wife when the special fund provided for her
support lapses to my estate I hereby give and bequeath:
“1st. To the President and Faculty of Kenyon College Ohio Five Thousand
dollars. 2nd. To the president and Faculty of Oberlin College Ohio five
Thousand dollars. 3rd. To the City of Mansfield, Ohio, Five Thousand
dollars for the Improvement of the Sherman-Heineman Park each to be paid
within one year after the Death of my wife.
* * * * *
“ARTICLE SIX. The rest and residue of my property and the accretion
thereto after the death of my wife and the full execution of all the
foregoing provisions of this will I hereby give, devise and bequeath in
equal parts share and share alike to my Daughter Mary Stewart Sherman to
Henry S. Sherman (son of my Brother Charles) to Hoyt Sherman (son of my
Brother James) to Philemon Tecumseh Sherman (son of my Brother William
T.) to Charles H. Sherman (son of my Brother Lampson) and to Charles M.
Sherman (son of my Brother Hoyt) to be divided if practicable among the
Six by amicable partition. In case of the Death of either of said
residuary Legatees before this bequest accrues then his or her Share is
hereby granted to his or her heirs at Law.
“Having made and declared this will after full consideration not in view
of Death but of its ever constant possibility I appeal to my relatives
to aid my Executors in a spirit of forbearance to carry it into full
effect. I allow my Executors two years without interest to pay the
legacies in article three of this will.
“I hope to live long enough to execute many provisions of this will,
when they Shall cease and terminate. Any person contesting this will
shall receive no gift or devise or legacy under it and my Executors are
authorized and enjoined not to pay any such nor shall such person
receive any portion of my estate by inheritance.
“JOHN SHERMAN.”
* * * * *
There is a codicil to this will, dated the 15th day of January, 1900; in
it two executors are named, one of those mentioned in the will having
died: provision is made for the compensation of the executors, and other
matters of minor importance are set forth.
WILL OF MYLES STANDISH
Captain Myles Standish, Longfellow’s hero, died at Duxbury,
Massachusetts, on Friday, October 3, 1656; his will was made March 7,
1656.
“1 my will is that out of my whole estate my funerall charges be taken
out & my bod[y] to bee buried in Decent manor and if I Die att Duxburrow
my body to bee layed as neare as Conveniently may bee to my two
Daughters Lora Standish my daughter and Mary Standish my Daughterinlaw
“2 my will is that out of the remaining prte of my whole estate that all
my Jus[t] and lawfull Debts which I now owe or att the Day of my Death
may owe bee paied
“3 out of what remaines according to the order of this Gov^{r}ment: my
will is that my Dear and loveing wife Barbara Standish shall have the
third prte
“4 I have given to my son Josias Standish upon his marriage one young
horse five sheep and two heiffers which I must upon that contract of
marriage make forty pounds yett not knowing whether the estate will bear
it att p^{r}sent; my will is that the resedue remaine in the whole
stocke that every one of my four sons viz Allexander Standish Myles
Standish Josias Standish and Charles Standish may have forty pounds
appeec; if not that they may have proportionable to y^{e} remaining prte
bee it more or lesse
“5 my will is that my eldest son Allexander shall have a Doubble share
in land
“6 my will is that soe long as they live single that the whole bee in
prtenership betwix[t] them
“7 I Doe ordaine and make my Dearly beloved wife Barbara Standish
Allexander Standish Myles Standish and Josias Standish Joynt Exequitors
of this my last will and Testament
“8 I Doe by this will make and appoint my loveing frinds M^{r} Timothy
Hatherly and Capt: James Cudworth Supervissors of this my last will and
that they wilbee pleased to Doe the office of Christian love to bee
healpfull to my poor wife and Children by theire Christian Counsell and
advisse....
“By mee MYLES STANDISH”
WILL OF JANE LATHROP STANFORD
Jane Lathrop Stanford, late of San Francisco, California, together with
her husband, Leland Stanford, founded the Leland Stanford Junior
University. By her will, which is dated the 28th day of July, 1903, she
gives many pecuniary legacies to relatives, friends and charitable
institutions. Item XXII of her will reads as follows:
“All the rest, residue and remainder of my property and estate, of every
kind and nature and wheresoever situated, not hereinbefore disposed of,
I give, devise and bequeath to the Board of Trustees of the Leland
Stanford Junior University as founded and endowed by my husband and
myself by our joint grant of November eleventh, 1885, ... to have and to
hold to the said Trustees and to their successors forever as an integral
part of the endowment of the said University, upon the trust that the
principal thereof shall forever remain intact, and that the rents,
issues and profits thereof shall be devoted to the maintenance of said
University.”
The will concludes with a beautiful expression of her faith in God and
of her belief in a future life, in these words:
“I wish thus publicly to acknowledge my great gratitude to an allwise,
loving Heavenly Father for His sustaining grace through the past ten
years of bereavement, trial and disappointments. In all I have leaned
hard on this Great Comforter and found rest and peace. I have no doubt
about a future life beyond this; a fair land where no more tears will be
shed and no more partings had.”
WILL OF ALEXANDER STEPHENS
Alexander H. Stephens died March 4, 1883. His will is as follows:
“Georgia, Taliaferro County.
“In the name of God, Amen: I, Alexander H. Stephens, of the State and
County aforesaid, being of sound mind and disposing memory, do make and
declare the following to be my last will and testament hereby revoking
and annulling all other wills heretofore made by me, and codicils
thereto:
“Item First: It is my will and desire that my friend Quinea O. Neal
shall have a home at ‘Liberty Hall’ and comfortable support out of my
estate as long as he lives:
“Item 2nd: Eliza Stephens widow of Harry Stephens is to have a home in
the house she now occupies as long as she may feel disposed to, free
from rent or charge:
“Item 3rd: I will and bequeath to the children of my deceased Brother
Linton Stephens the sum of Ten thousand dollars in money the same to be
divided into six equal shares of Sixteen hundred and Sixty six dollars
and sixty six cents each; the share which would go to Rebecca Salter,
daughter of my said Brother were she in life, I bequeath to her two
children to wit: John and Agnes Emiline Salter: the share which would go
to Emiline Stephens, daughter of my said Brother, I bequeath also to the
said John and Agnes Salter. The other four shares I bequeath to Claude,
Nora, Alexander and Rose Mary Stephens, children of my said Brother
Linton, each separately and severally.
“Item 4th. I hereby constitute my sister in law, Mary W. Stephens
testamentary guardian of the property herein bequeathed to John and
Agnes Emiline Salter and also of the property in like manner bequeathed
to Nora, Alexander and Rose Mary Stephens.
“Item 5th: The share given to my niece Claude Stephens, I wish to go in
any way she may by written instructions, direct, by will or otherwise
even if made before my death.
“Item 6th: The portrait of my brother Linton, by Healy, I leave to
sister Mary W. Stephens, his widow, to dispose of as she sees proper;
and if she dies without disposing of it, then to the State Library at
Atlanta.
“Item 7th: The portrait by the same artist of my said Brothers first
wife which I intended for Emma Stephens, her daughter, I wish if she
shall so direct, to go to Agnes Emiline Salter:
“Item 8th: I wish sister Mary W. Stephens, widow of my said Brother
Linton to have all his letters, which are in my possession except such
as she may agree to let my Executor have:
“Item 9th: If my Nephew Alexander Stephens son of my Brother Linton,
lives to the age of Twenty one years, I wish him to have if he desires
them, all the letters in my possession, which passed between his father
and myself, which run through a period of nearly forty years.
“Item 10th: According to a promise made to Micajah L. Jones, the house
and lot which he occupied at the time of his death, and whereon his
widow now lives, I bequeath to his said widow Minervia Jones for and
during her natural life, and at her death to her children by the said
Micajah L. Jones. And if her said children shall die without issue
living at their death then the remainder to go to my Nephew, Clarence
Stephens. Provided further that if her son Carey Jones shall pay to my
Executor the sum of two hundred dollars, then he is to have said lot
after the death of his mother, and full titles to this effect shall be
made to him the said Carey by my Executor: and my Executor shall pay
over said sum of two hundred dollars to the said Clarence Stephens:
“Item 11th: To my nephew Linton A. Stephens I bequeath my Baptist
Church, Atlanta fair Gold headed cane, besides what I have given him:
“Item 12th: To my Nephew Alexander Stephens, son of my Brother Linton, I
give my Gold headed Oglethorpe County cane.
“Item 13th: To my Niece Mary S. Carey, I give my marble top centre
table, which belongs to my parlor:
“Item 14th: To my faithful servant, Alexander Kent, I give the sum of
two hundred dollars for his kind attention to me.
“Item 15th: To Jane Moore, daughter of Harry Stephens, and Quinea and
Fanny Stephens, I give the sum of Ten dollars each.
“Item 16th: To Dora Stephens I give the gold watch which she now has in
her possession.
“Item 17th: To all the other of my old servants, I wish my Executor to
give such articles of furniture or other things, as mementos he may see
fit and proper:
“Item 18th: My property I think upon a fair valuation is worth twelve
thousand dollars. All this after payment of the foregoing specific
legacies and charges, I give to my Nephew John A. Stephens, who is
hereby constituted Executor of this will. All the remainder of my
Estate, consisting of real and personal property, and everything of
value I may die possessed of, including my Library, Manuscripts, &c. I
bequeath to him on condition that he shall pay all my debts: and the
foregoing specific legacies. The payment of the legacies to the minor
children of my Brother Linton, and Rebecca Salters two children, I wish
to be in three annual installments if my Executor shall desire: the
interest on all legacies to commence one year after my death at the rate
of seven per cent per annum: In this way, the minor children will have
plenty to pay their annual school bills: And my said Executor may be
able, by sale if necessary, to raise the funds to meet his engagements
without embarrassment: I will also add that I have never before given to
my brother Lintons children anything but a few small presents; while I
have given to my brother John and his children quite as much, perhaps,
if not more than I now leave to Lintons children: And I with my brother
Linton have also given to the children of our sister Catherine Grier
several thousand dollars, the exact amount I do not now remember, nor is
it material, but quite as much as I feel able to give them: The
foregoing four pages penned by John A. Stephens, my Executor and written
at my dictation, I have carefully read, with the three interlineations
on the third page and the erasure of the word in the second line from
the bottom on same page; and pronounce the whole, as the 18 items now
stand to be correct and as I wish and will it.
“In witness whereof I have hereto set my hand and seal, this 15th day of
July, 1881.
“ALEXANDER H. STEPHENS.”
WILL OF HARRIET BEECHER STOWE
Harriet Beecher Stowe died at Hartford, Connecticut, July 1, 1896. Her
will is as follows:
“I, Harriet Beecher Stowe of Hartford Conn. being of sound and disposing
mind and memory do make and ordain this my last will and testament.
“1. I direct that all my just debts and funeral charges be first paid.
“2. I give and devise to my son Charles the large silver inkstand given
me by the women of England, also the cabinet of signatures standing in
the hall. I give to my daughter Harriet the large silver waiter given to
me by the women of England, and to my daughter Eliza the silver cake
basket given to me by the women of England, and I give to my daughter
Georgiana the gold bracelet given to me by the Duchess of Sutherland.
“3. I give all my pictures to my children to be divided among them by
each choosing one beginning with the oldest and so in succession until
they are all chosen.
“4. All the rest and residue of my property I give and devise as
follows:
I give one third thereof to my son Charles, to him and his heirs for
ever.
The remaining two thirds I give to John C. Parsons of the City of
Hartford, as Trustee for the following purposes.
To safely invest and hold the same, and pay over half the income thereof
quarterly to each of my two daughters Harriet and Eliza, so long as they
both live, upon the death of either, said Trustee shall pay the whole of
said income to the survivor so long as she shall live. If it shall
become necessary, I authorize said trustee to expend from the principal
such sums as shall be needed for the support of my said two daughters,
if for any reason the income thereof shall not be sufficient for their
support, but not otherwise. Upon the death of both my said daughters
said trust shall cease, and the principal then in the hands of said
Trustee or his successor I give to my son Charles, or his descendants if
he should then be deceased. I make no provision out of my estate for my
daughter Georgiana at her special request alone.
“5. I direct my executor to sell all my real estate as soon as
practicable, and turn the same into personal property before the above
division is made.
“6. I revoke all former wills and testaments and appoint my son Charles
E. Stowe as executor of this will, and direct that he be required to
give only the smallest bond as executor which the law will admit.
“In witness whereof I have hereunto set my hand and seal on this 3rd day
of November a.d. 1885.
“HARRIET BEECHER STOWE.”
WILL OF SAMUEL J. TILDEN
Samuel J. Tilden died August 4, 1886. The failure of the trust created
by his will has been extensively commented on by the lay and legal
journals of the United States.
By a decision of the New York Court of Appeals, in the case of Tilden
_v_. Green, the trust provision was overthrown. The late Professor J. B.
Ames remarked: “Melancholy the spectacle must always be when covetous
relatives seek to convert to their own use the fortune which a testator
has devoted to a great public benefaction.”
The learned author then, without quoting the exact provisions of the
will creating what is known as the “Tilden Trust,” transcribes as
substantially correct, the summary of the same made by a majority of the
judges of the New York Court of Appeals in the case in which the will
was overthrown: “I request you (the executors) to cause to be
incorporated an institution to be called the ‘Tilden Trust,’ with
capacity to maintain a free library and reading-room in the city of New
York, and such other educational and scientific objects as you shall
designate; and if you deem it expedient--that is, if you think it
advisable and the fit and proper thing to do--convey to that institution
all or such part of my residuary estate as you choose; and if you do not
think that course advisable, then apply it to such charitable,
educational, and scientific purposes as, in your judgment, will most
substantially benefit mankind.” “The trustees,” continues the learned
commentator, “procured the incorporation of the ‘Tilden Trust,’ and
elected to convey the entire residue to that institution. An admirable
will and willing trustees--and yet the bequest was not sustained. If the
trustees had not elected to give the property to the ‘Tilden Trust,’
that institution would have had no claim, nor would there have been,
under the law of New York, any means of compelling them to apply it to
the alternative charitable purposes. Therefore, the Court of Appeals
decided, the trustees could not dispose of the property in either of the
two modes indicated in the will, and the entire residue, amounting to
some $5,000,000, must be distributed among the heirs and next of kin.”
WILL OF MARTIN VAN BUREN
Martin Van Buren, Governor of New York, United States Senator and eighth
President of the United States, was born at Kinderhook, New York, on
December 5, 1782, and died there on July 24, 1862. He attained eminence
at the bar and as a politician was surpassed by few, if any, men of his
day.
His will deals largely with domestic affairs, yet it is a carefully
conceived and well drawn document:
“I, Martin Van Buren of the Town of Kinderhook, County of Columbia, and
State of New York, heretofore Governor of the State, and more recently
President of the United States, but for the last and happiest years of
my life, a farmer in my native Town, do make & declare the following to
be my last will & testament.
“First. I direct my Executors hereinafter named, to pay without delay,
my funeral expenses, & all outstanding bills. Debts, in the ordinary
acceptation of that term I owe none, & hope to leave none.
“Secondly. I direct that no account shall be taken of advances by me
heretofore made to either of my sons, and that they shall be considered
as settled, with the exceptions of a bond I hold against my son Abraham
for two thousand dollars, and also a note against my son John for four
thousand eight hundred and fifteen dollars, which were agreed to be
considered as business transactions strictly, the amount due on each at
my death (the interest having been punctually paid to the present year)
is to be charged to them respectively, and deducted from their share of
my estate. The like charge and deduction shall be made in respect to any
future payments by me or by my estate in cases where I have made myself
liable as surety for either of my sons, but in which nothing has yet
been paid by me.
“Thirdly. In consideration of advances which I have made to my sons
Abraham & John, whilst none have been made to my son Smith Thompson, I
bequeath to the latter all my personal chattels and effects, excepting
therefrom all the debts that may be due to me, and stocks that I may own
at my death, and also my wine & stock on my farm. My miscellaneous
library is intended to be included in this bequest, but not my law
library, which I bequeath to my son John.
“Fourthly. I give to my grandson Singleton Van Buren a gold snuff box,
presented to me with the Freedom of the City, by the corporation of the
City of New York and to my grandson Martin, son of Abraham, the marble
bust made of me by Powers, which I had previously presented to his
mother, & now transfer to the son by her direction. I give to my
grandson Martin, Son of my son Smith Thompson, a silver pitcher
presented to me, some years since by my old and always sincere friend
Benjamin F. Butler.
“Fifthly. I direct my executors to expend four hundred dollars, or so
much thereof as may be necessary, in obtaining a copy of the bust of me
by Powers, which copy I give to my grandson Edward Livingston Van Buren.
“Sixthly. I direct my executors to lay out five hundred dollars for keep
sakes for my grand son Travis Van Buren, and for my grand daughters
Anna, Ellen, Catharine & Eliza Van Buren.
“Seventhly. I request my executors to regard themselves as standing
towards my best of sisters Dirike Van Buren, if she shall survive me, in
the relation I occupied when living, & to omit nothing in the way of
pecuniary advances that may contribute to her comfort, out of my estate.
“Eighthly. I direct my executors to pay to my niece Christina Cantine
two hundred dollars & to each of my nieces Lucretia Van Buren & Jane Ann
Van Buren the sum of one hundred dollars: and I give and devise to my
nephew Martin Van Buren son of my brother Lawrence, & to his heirs and
assigns forever, all my interest in a small dwelling with the lot on
which it stands adjoining his father’s house conveyed to me by the
latter as security for money lent, but the latter devise is upon
condition that his father relieves me or my estate from my remaining
securityship to the State of New York.
“Ninthly. I hereby appoint my three sons Abraham, John & Smith Thompson
executors of my last & only will; and I do hereby authorize & empower
them, or such of them as shall take upon themselves the execution
thereof, and the survivors & survivor of them, to fulfill by the
execution of conveyances and otherwise, as may be proper, any contracts
for the sale of lands, made by me, which shall be outstanding at the
time of my death.
“Lastly. I hereby give, devise & bequeath to my three sons Abraham, John
& Smith Thompson all the remainder & residue of my personal estate not
required for the purposes of my will under the provisions above made &
all my real estate wheresoever situated, to be equally divided between
them. To have & to hold their respective shares thereof to them, their
heirs & assigns forever, subject to the following conditions &
reservations, viz.; first that out of the avails of the sale of
Lindenwald there shall be reserved & paid over to my son Smith Thompson,
his heirs or assigns the sum of seven thousand five hundred dollars in
full satisfaction for his advances towards the expenses incurred by the
additions to and improvements upon the dwelling house & outbuildings
with the expectation that the place would be devised to him upon terms
that would be equitable in respect to his brothers, the payment to be
without interest during my lifetime. Secondly that upon the sale of
Lindenwald the preference shall be offered in succession to my sons,
beginning for the reason above assigned & no other, with the youngest,
if the son accepting the same is willing to pay therefor as much as the
place can be sold for on the market.
“The three pieces of plate last presented to me by my deceased friend
Benjamin F. Butler, I bequeath to my three sons Abraham, John & Smith
Thompson to be equally divided between them.
“In Witness Whereof I have to this instrument set my hand & seal this
eighteenth day of Janu^{y} in the year of our Lord one thousand eight
hundred and sixty.
“M. VAN BUREN.” (SEAL.)
“Subscribed, sealed, published and declared by the said testator Martin
Van Buren to be his last will & testament in the presence of us the
undersigned, who at his request & in his presence and in the presence of
each other have hereunto subscribed our names as witnesses & affixed our
respective places of residence this 18’ of Jan^{y} 1860.
“JOHN M. PRUYN, M.D. of Kinderhook.
“_Laura Collins_ of Albany.
“If my faithful James remains with me until my death I wish my executors
to make him a present of one hundred dollars.
“M. VAN BUREN.”
WILL OF MATTHEW VASSAR
Matthew Vassar was an Englishman by birth: he accumulated his wealth as
a brewer at Poughkeepsie, New York: he died in 1868, and was the founder
of Vassar College: he gave to the Institution 200 acres of land and
$788,000 by gift and bequest, and further sums have been contributed by
members of the Vassar family: the student attendance numbers about one
thousand.
By his will, he gives directions as to his burial, then gives to his
nephews and other relatives certain real estate and personal property;
the residue he gives to Vassar College.
He established a “Lecture Fund” “to defray the expenses of having
lectures on Literature, and the Arts and Sciences, to be delivered at
said college by distinguished persons, not officers therein.”
There is also an “Auxiliary Fund,” established to assist students of
“superior mind and high scholarship.”
There is the “Library, Art and Cabinet Fund” “to keep in good repair and
condition, the library, cabinets and art gallery”; a “Repair Fund” for
“making repairs, alterations and improvements.” On the repair fund there
is a charge for the board and tuition of the daughters of a certain
friend, for four years each, as well as not more than four of his own
female blood relatives, living at the time of his decease, who might
wish to attend the college. He also provided that any lapsed legacies
should pass to the college.
The testator left with his will a letter of advice to the trustees of
the college.
Mr. Remsen, in his excellent work on Wills, recommends the course
pursued by Mr. Vassar in securing the incorporation of charitable
institutions in advance of the death of the testator, and in making
testamentary gifts to them for maintenance. He states that this is a
favorite method, and was pursued by the founders of the Corcoran Gallery
of Art, Cooper Institute, Johns Hopkins University, Leland Stanford
Junior University, and many other well-known institutions; this plan
giving the institution the benefit, in its early stages, of the guiding
hand of its founder.
WILL OF GEORGE G. VEST
George G. Vest was one of Missouri’s most distinguished senators, a
lawyer of great ability, and an orator of national fame. He died August
9, 1904.
By his will, which is dated March 25, 1903, he gave to his wife the sum
of Five Thousand Dollars, also his residence and the sum of Two Thousand
Dollars a year for her life; then appears this provision: “The
acceptance by my wife of the provisions for her benefit contained in
this will shall bar all claims by her of dower in any real estate
heretofore or hereafter conveyed by me to any one”; this provision has
occasioned much comment in view of the fact that it does not accomplish
the purpose intended, as it does not preclude dower in realty owned at
the time of his death. A few personal effects were given to friends,
among them a cane “on which is a silver snake,” to Adolphus Busch of St.
Louis.
The giving of canes and walking-sticks by distinguished men has always
been a marked feature in wills.
The balance of the estate was to be equally divided among three
children, the portions for the sons in trust, and that for the daughter
absolutely, less an advancement.
Senator Vest had few equals as a brilliant orator; perhaps no speech
ever made by him at the bar or in the Senate will be longer remembered
than the one given below. It was an address to a jury, delivered at
Warrensburg, Missouri, about the year 1870. Senator Vest was then about
forty years of age. A farmer had sued a neighbor for killing his dog, an
ordinary fox hound, and Senator Vest was asked to assist the plaintiff.
He made a brief address, and the jury gave a verdict for the full amount
claimed. The case finally reached the Supreme Court of Missouri, and the
finding of the lower court was upheld:
“Gentlemen of the Jury:--
“The best friend a man has in this world, may turn against him and
become his enemy.
“His son or daughter that he has reared with loving care may prove
ungrateful. Those who are nearest and dearest to us, those whom we trust
with our happiness and our good name, may become traitors to their
faith.
“The money that a man has, he may lose. It flies away from him, perhaps
when he needs it most.
“A man’s reputation may be sacrificed in a moment of ill-considered
action. The people who are prone to fall on their knees to do us honor,
when success is with us, may be the first to throw the stone of malice,
when failure settles its cloud upon our heads.
“The one absolutely unselfish friend that man can have in this selfish
world,--the one that never deserts him,--the one that never proves
ungrateful or treacherous is the dog.
“Gentlemen of the jury, a man’s dog stands by him in prosperity and in
poverty, in health and in sickness. He will sleep on the cold ground,
where the wintry winds blow and the snow drives fiercely, if only he may
be near his master’s side. He will kiss the hand that has no food to
offer, and he will lick the wounds and sores that come in encounter with
the roughness of the world.
“He guards the sleep of his pauper master, as if he were a prince.
Whenever all other friends desert, he remains.
“When riches take wings, and reputation falls to pieces, he is as
constant, in his love, as the sun in its journey through the heavens.
“If fortune drives the master forth, an outcast, in the world,
friendless and homeless, the faithful dog asks no higher privilege than
that of accompanying him to guard against danger, to fight against his
enemies, and, when the last scene of all comes, and death takes the
master in its embrace, and his body is laid away in the cold ground, no
matter if all other friends pursue their way, there by the grave side
will be found the noble dog, his head between his paws, his eyes sad,
but open in alert watchfulness, faithful and true even in death.”
WILL OF GEORGE WASHINGTON
George Washington died December 14, 1799. His original will is on file
somewhere in Virginia. A copy thereof is on file in the Office of the
Register of Wills at Washington, D.C., having been recorded there on
November 15, 1802: the instrument is voluminous, but by reason of its
interesting nature and the greatness and fame of the testator, the
document is here given in full, omitting only a few inconsequential
details:
“IN THE NAME OF GOD, AMEN
“I, GEORGE WASHINGTON, of Mount Vernon, a Citizen of the United States,
and lately President of the same, Do make, ordain, and declare this
Instrument which is written with my own Hand, and every page thereof
subscribed with my Name, to be my last WILL and TESTAMENT, revoking all
others, Imprimis.
“All my debts, of which there are but few, and none of magnitude, are to
be punctually and speedily paid, and the Legacies herein after
bequeathed, are to be discharged as soon as circumstances will permit,
and in the manner directed.
“ITEM. To my dearly beloved wife MARTHA WASHINGTON, I give and bequeath
the use, profit, and benefit of my whole estate, real and personal, for
the term of her natural life, except such parts thereof as are specially
disposed of hereafter.--My improved Lot in the town of Alexandria,
situated on Pitt and Cameron Streets, I give to her and her heirs for
ever; as I also do my Houshold and Kitchen Furniture of every sort and
kind with the Liquors and Groceries which may be on hand at the time of
my decease, to be used and disposed of as she may think proper.
“ITEM. Upon the decease of my wife, it is my will and desire that all
the Slaves which I hold in my own right shall receive their freedom. To
emancipate them during her life, would, though earnestly wished by me,
be attended with such <u>insuferable</u> difficulties on account of their
intermixture by marriages with the dower Negroes, as to excite the most
painful sensations, if not disagreeable consequences from the latter
while both descriptions are in the occupancy of the same proprietor; it
not being in my power, under the tenure by which the dower Negroes are
held, to manumit them. And Whereas, among those who will receive freedom
according to this devise, there may be some who from old age or bodily
infirmities, and others who, on account of their infancy, that will be
unable to support themselves, it is my will and desire that all who come
under the first and second description, shall be comfortably clothed and
fed by my heirs while they live; and that such of the latter description
as have no parents living, or, if living, are unable or unwilling to
provide for them, shall be bound by the court until they shall arrive at
the age of twenty five years; and in cases where no record can be
produced, whereby their ages can be ascertained, the judgment of the
court upon its own view of the subject, shall be adequate and final. The
Negroes thus bound, are (by their masters or mistresses) to be taught to
read & write & to be bro’t up to some useful occupation, agreeably to
the laws of the commonwealth of Virginia, providing for the support of
orphan and other poor children.--And I do hereby expressly forbid the
sale or transportation out of the said commonwealth of any Slave I may
die possessed of under any pretence whatsoever. And I do moreover, most
pointedly and most solemnly enjoin it upon my Executors hereafter named
or the survivor of them to see that this clause respecting Slaves and
every part thereof, be religiously fulfilled at the epoch at which it is
directed to take place, without evasion, neglect, or delay, after the
crops which may then be on the ground are harvested, particularly as it
respects the aged and infirm; seeing that a regular and permanent fund
be established for their support so long as there are subjects requiring
it; not trusting to the uncertain provision to be made by
individuals;--And to my mulatto man William (calling himself William
Lee) I give immediate freedom, or if he should prefer it (on account of
the accidents which have befallen him and which have rendered him
incapable of walking or of any active employment) to remain in the
situation he now is, it shall be optional in him to do so, in either
case however, I allow him an annuity of Thirty Dollars during his
natural life, which shall be independent of the victuals and cloaths he
has been accustomed to receive if he <u>chuses</u> the last alternative; but in
full with his freedom, if he prefers the first; and this I give him as a
testimony of my sense of his attachment to me, and for his faithful
services during the Revolutionary War.
“ITEM. To the Trustees (Governors, or by whatsoever other name they may
be designated) of the Academy, in the Town of Alexandria, I give and
bequeath, in trust, Four Thousand Dollars, or, in other words, twenty of
the Shares which I hold in the Bank of Alexandria, towards the support
of a Free School, established at, and annexed to, the said Academy, for
the purpose of educating such Orphan Children, or the Children of such
other poor and indigent persons as are unable to accomplish it with
their own means; and who, in the judgment of the Trustees of the said
Seminary, are best entitled to the benefit of this donation.
“ITEM. WHEREAS by a law of the commonwealth of Virginia, enacted in the
year 1785, the legislature thereof was pleased (as an evidence of its
approbation of the services I had rendered the public during the
Revolution, and partly I believe, in consideration of my having
suggested the vast advantages which the community would derive from the
extension of its inland navigation under legislative patronage) to
present me with one hundred Shares of one hundred Dollars each, in the
incorporated company established for the purpose of extending the
navigation of James River from tide water to the mountains;--and also
with Fifty Shares of one hundred Pounds Sterling each, in the
corporation of another company likewise established for the similar
purpose of opening the navigation of the river Potomac from tide water
to Fort Cumberland; the acceptance of which, although the offer was
highly honourable and grateful to my feelings, was refused as
inconsistent with a principle which I had adopted, and had never
departed from--Namely--not to receive pecuniary compensation for any
services I could render my country in its <u>ardious</u> struggle with Great
Britain for its rights; and because I had evaded similar propositions
from other States in the Union. Adding to this refusal, however, an
intimation that, if it should be the pleasure of the legislature to
permit me to appropriate the said Shares to public uses, I would receive
them on those terms with due sensibility; and this it having consented
to, in flattering terms, as will appear by a subsequent law and sundry
resolutions, in the most ample and honourable manner, I proceed after
this recital for the more correct understanding of the case, to
declare--That as it has always been a source of serious regret with me
to see the Youth of these United States sent to Foreign countries for
the purpose of Education, often before their minds were formed, or they
had imbibed any adequate ideas of the happiness of their own;
contracting too frequently, not only habits of dissipation and
extravagance, but principles unfriendly to Republican government, and to
the true and genuine liberties of mankind; which, thereafter are rarely
overcome.--For these reasons, it has been my ardent wish to see a plan
devised on a liberal scale which would have a tendency to spread
systematic ideas through all parts of this rising empire, thereby to do
away local attachments and state prejudices, as far as the nature of
things would, or indeed ought to admit, from our National
Councils.--Looking anxiously forward to the accomplishment of so
desirable an object as this is (in my estimation) my mind has not been
able to contemplate any plan more likely to effect the measure than the
establishment of a UNIVERSITY in a central part of the United States, to
which the Youths of fortune and talents from all parts thereof might be
sent for the completion of their Education in all the branches of polite
literature; in arts and sciences, in acquiring knowledge in the
principles of politics and good government, and (as a matter of infinite
importance in my judgment) by associating with each other and forming
friendships in Juvenile years, be enabled to free themselves in a proper
degree from those local prejudices and habitual jealousies which have
just been mentioned; and which, when carried to excess, are never
failing sources of disquietude to the public mind, and pregnant of
<u>mischevious</u> consequences to this country; under these impressions, so
fully dilated.
“ITEM. I give and bequeath in perpetuity the Fifty Shares which I hold
in the Potomac Company (under the aforesaid acts of the legislature of
Virginia) towards the endowment of a UNIVERSITY to be established within
the limits of the District of Columbia, under the auspices of the
general government, if that government should incline to extend a
fostering hand towards it.
“ITEM. The hundred Shares which I hold in the James River Company, I
have given, and now confirm in perpetuity, to and for the use and
benefit of Liberty Hall Academy, in the county of Rockbridge, in the
Commonwealth of Virginia.
“ITEM. I release, exonerate and discharge the estate of my deceased
Brother, Samuel Washington, from the payment of the money which is due
to me for the land I sold to Philip Pendleton (lying in the county of
Berkeley) who assigned the same to him, the said Samuel, who, by
agreement, was to pay me therefor: AND WHEREAS, by some contract (the
purport of which was never communicated to me) between the said Samuel
and his Son, Thornton Washington, the latter became possessed of the
aforesaid land, without any conveyance having passed from me, either to
the said Pendleton, the said Samuel, or the said Thornton, and without
any consideration having been made, by which neglect neither the legal
nor equitable title has been alienated; it rests therefore with me to
declare my intentions concerning the premises; and these are to give and
bequeath the said land to whomsoever the said Thornton Washington (who
is also dead) devised the same, or to his heirs forever, if he died
intestate; exonerating the estate of the said Thornton, equally with
that of the said Samuel, from payment of the purchase money, which, with
interest, agreeably to the original contract with the said Pendleton,
would amount to more than a thousand pounds; AND WHEREAS two other Sons
of my deceased Brother, Samuel, namely, George Steptoe Washington, and
Lawrence Augustine Washington, were by the decease of those, to whose
care they were committed, brought under my protection, and in
consequence have occasioned advances on my part for their education at
College and other schools, for their board, clothing, and other
incidental expenses, to the amount of near five thousand dollars over
and above the sums furnished by their estate, which sum it may be
inconvenient for them or their father’s estate to refund--I do, for
these reasons, acquit them and the said estate from the payment
thereof--my intention being that all accounts between them and me, and
their father’s estate and me, shall stand balanced.
“ITEM. To my Nephew, Bushrod Washington, I give and bequeath all the
Papers in my possession, which relate to my civil and military
administration of the affairs of this country--I leave to him also, such
of my private Papers as are worth preserving; and at the decease of my
Wife, and before, if she is not inclined to retain them, I give and
bequeath my Library of Books and Pamphlets of every kind.
“ITEM. To the Earl of Beuban I recommit ‘the Box made of the Oak that
sheltered the great Sir William Wallace after the Battle of
Falkirk’--presented to me by his Lordship, in terms too flattering for
me to repeat, with a request ‘to pass it, on the event of my decease, to
the man in my country, who should appear to merit it best, upon the same
conditions that have induced him to send it to me.’ Whether easy or not,
to select the Man who might comport with his Lordship’s opinion in this
respect, is not for me to say; but conceiving that no disposition of
this valuable curiosity can be more eligible than the recommitment of it
to his own cabinet, agreeably to the original design of the Goldsmiths’
Company of Edinburg, who presented it to him, and, at his request,
consented that it should be transferred to me--I do give and bequeath
the same to his Lordship; and, in case of his decease, to his heir, with
my grateful thanks for the distinguished honour of presenting it to me,
and more especially for the favorable sentiments with which he
accompanied it.