CHAPTER II

WILLS NOT FULFILLED

“Fallax saepe fides, testataque vota peribunt;

Constitues tumulum, si sapis, ipse tuum.”

ANCIENT EPITAPH.

It is impossible for a will to be always and in all events binding. If

Virgil’s will had been scrupulously observed, his fame would have been

grievously curtailed; for the “Æneid” should never have been published.

It is said that he gave directions for its burning, and that his

executors, Varius and Tucca, received his manuscripts on condition that

they published nothing he had not edited himself.

“For Poetry is nothing if not perfect,” and the three years which he

was to devote to its polish and perfecting were not granted in his

allotted span. But Augustus, and Virgil’s executors, were wiser than

he himself, though the touch of the vanished hand could not mould its

beauty to perfection. It was unfinished: but only as Turner’s “Canal at

Chichester,” or Schubert’s “Symphony,” are unfinished.

There are such occasions: but it is easy to understand with what desire

the testator desires his wishes to be fulfilled. His will, he feels,

should be inviolable. “Finally,” says George Ludewig Count von der

Schulenburg in 1774, “as I hope that this my disposition and last will

will be strictly and inviolably observed by my dear children, provided

they do not mean to merit my paternal displeasure and the wrath and

punishment of the supreme Being, so on the other hand I heartily wish

them every fatherly blessing and the grace of the Almighty, and do

earnestly recommend them to His omniscient guidance.”

Thomas Rigden, of the County of Kent, shows a lively desire that

nothing should be done amiss. “June 24th, 1746. This in the name of

God, the Father Son and Holy Ghost. I Thomas Rigden, having a very

great desire that my last will and testament may be fulfilled after

that I am dead, for the good of my wife and children, have taken upon

me to write these few lines. Now this is my desire as follows. Now with

my free will do I give all that I have or all that I shall leave ...

to my wife Alice Rigden, for her use and for the use of bringing up my

children. And my desire is by all means that my children may all agree

and live in love one with another, which I pray God grant they may all

do. So fare you all well, my dear wife and my dear children. This is my

last will, and I hope you will fulfil it.”

Times without number the most insistent thought of mortal man must be,

whether his wife and children will be kindly treated when he is gone.

How can a parent endure the thought of such scorn and suffering as a

Jane Eyre is forced to undergo? “As I remember, Adam,” says Orlando in

the opening of “As You Like It,” “it was upon this fashion bequeathed

me by will but a poor thousand crowns; and, as thou say’st, charged my

brother on his blessing to breed me well: and there begins my sadness.”

_Hinc illae lacrimae._ There indeed begins the sadness, it may be

feared, of many outside fiction and the drama, in spite of prayer or

threat.

Elenor Clarke (_Cp._ p. 52), widow of Bartholomew Clarke, of Clapham,

whose will was proved in 1594, gave the custody of her son Francis

to her brother John Haselrigge, “charging my said brother as he will

answer before the Tribunal seat of God to deal honestly and faithfully

with him and by him.” But how he fared we do not know. “And I charge

you Ed. Lascelles my sole executor before God to be punctual,” says

Robert Knox, for twenty years a captive in Ceylon, “in performing all

this that I have given, lest the cries of the widow and fatherless

come up to heaven against you, and your lot be a curse instead of a

blessing” (1711: died 1720).

Bishops and kings of old were next to none in the vigour of their

language. Theodred, Bishop of London in Edgar’s reign, is aggressively

violent: “And whosoever takes from my testament, may God take him from

the Kingdom of Heaven, unless he amend it before his death.” In the

same spirit, if with less directness, Henry VI. requires the fulfilment

of his will: “And that this my said will in every point before

rehearsed may the more effectually be executed ... I ... not only pray

and desire, but also exhort in Christ require and charge, all and every

of my said feoffees, my executors and surveyor or surveyors, in virtue

of the aspersion of Christ’s blessed blood and of His painful passion

that they having God and mine intention before their eyes, not letting

for dread or favour of any person living of what estate degree or

condition that he be, truly faithfully and diligently execute my same

will and every part thereof, as they will answer before the blessed and

dreadful visage of our Lord Jesu in His most fearful and last doom,

when every man shall most strictly be examined and deemed after his

demerits. And, furthermore, for the more sure accomplishment of this

my said will, I in the most entire and most fervent wise pray my said

heirs and successors and every one of them, that they show themselves

well willing faithful and tender lovers of my desire in this behalf;

and in the bowels of Christ our altogether just and strict judge

exhort them to remember the terrible comminations and full fearful

imprecations of Holy Scripture against the breakers of the law of God,

and the letters of good and holy works.”

If Bishops and Kings must write with such vehemence, how shall the

humble citizen fare? The possibility of the deceased’s wishes being

neglected or overridden was so real that old writers advise the

charitable to exercise their charity in their lifetime, and not to

trust to executors or friends. Their faithlessness had even passed

into a proverb: “three executors make three thieves.” Thus John Stow,

in his “Survey of London,” remarks how often wills were proved but not

performed: “Thus much for famous citizens have I noted their charitable

actions, for the most part done by them in their lifetime. The residue

left in trust to their executors. I have known some of them hardly (or

never) performed, wherefore I wish men to make their own hands their

executors, and their eyes their overseers, not forgetting the old

proverb:

“Women be forgetful, children be unkind,

Executors be covetous, and take what they find.

If any body ask where the dead’s goods became,

They answer, So God help me and holydom, he died a poor man.”

Jeremy Taylor, in “The Rule and Exercises of Holy Dying,” has the same

thought and the same proverb in his mind: “He that gives with his

own hand shall be sure to find it; but he that trusts executors with

his charity, and the economy and issues of his virtue, by which he

must enter into his hopes of heaven and pardon, shall find but an ill

account when his executors complain he died poor: ‘think on this.’”

This interesting proverb was written upon a wall in St. Edmund’s

Church, Lombard Street, and is thus quoted in Weever’s “Funeral

Monuments”:—

“Man, the behoveth oft to have this in mind,

That thow geveth wyth thin hond, that sall thow fynd.

For widowes be sloful, and chyldren beth unkynd,

Executors beth covetos, and kep al that they fynd.

If eny body ask wher the deddys goodys becam,

They answer,

So God help me and Halidam, he died a poor man.

think

on this.”

Other proverbial lines are quoted by Thomas Fuller, and a fresh turn is

given to the thought, in his “Cambridge History.” “It is the life of

a gift, to be done in the life of the giver; far better than funeral

legacies, which, like Benjamin, are born by the loss of a parent. For,

it is not so kindly charity, for men to give what they can keep no

longer: besides, such donations are most subject to abuses.

“Silver in the living

Is gold in the giving;

Gold in the dying

Is but silver a-flying;

Gold and silver in the dead

Turn too often into lead.”

It is pitiable to think how many elaborate and kindly dispositions

never bore fruit, and legitimate to believe that executors are more

honest now. But, in spite of failures, English life and customs are

largely bound up with bequests. Innumerable gifts meant for perpetuity

never took effect or have passed into oblivion; but a goodly number

remains, to which year by year additions are made. Picturesque

survivals may often be traced to some will, no less than studentships

or professors’ chairs, almshouses or doles, institutions or the

treasures that adorn them. Such a record as Johnson’s “Annuities to the

Blind” suggests how much one class owes to beneficent testators.

For nearly two hundred years a quaint custom has marked February 2nd

at Wotton, in Surrey, in pursuance of the will of William Glanvill.

Boys of twelve to sixteen stand bareheaded round the testator’s tomb,

recite the Lord’s Prayer, the Ten Commandments, and the Apostles’

Creed, read the 15th chapter of the First Epistle to the Corinthians,

and write down two verses therefrom. After these tests five boys are

selected, and receive 40s. apiece. As an instance of a school founded

by a will, John Neville, Lord Latimer (1542), may be quoted. “After my

decease the Master and Vicar (of Well, in Yorkshire) shall take all the

rents of the parsonage of Saint George Church in York, for the term of

forty years, and therewith to find a schoolmaster at Well for keeping a

school and teaching of grammar there, and to pray for me and them that

I am most bounden to pray for.” The school exists, but does the master

pray for the worthy founder still?

There are various reasons why wills should sometimes not be fulfilled.

The estate, for instance, may not be adequate. It is strange how vague

are the ideas of some testators in this respect, and one recalls

what Dr. Johnson said of a certain bequest to erect a hospital for

“ancient maids” that the word _maintain_ should be expunged and

_starve_ inserted, so insufficient were the funds. It is amusing (to

the outsider) when legacies are given with effusive expressions of

admiration or gratitude, while all the time there is no money to pay

them.

Some admit frankly that they have no material blessings to bestow.

Thomas Johnson, otherwise John Plummer (proved January 22, 1780),

left everything to his “dearly beloved and most deservedly esteemed

ever loving affectionate friend Ann Watson ... being thoroughly

sure she will take good care of the dear boy, J. H. Plummer, to

whom unfortunately I have nothing to leave but the wide world to

seek his fortune, excepting my prayers for his success.” Queen

Elizabeth Woodville, in her will dated April 10, 1492—a death-bed

will—pathetically says: “Whereas I have no worldly goods to do the

Queen’s Grace, my dearest daughter, a pleasure with, neither to reward

any of my children, according to my heart and mind, I beseech Almighty

God to bless her Grace, with all her noble issue; and with as good

heart and mind as is to me possible, I give her Grace my blessing, and

all the aforesaid my children.” _Maeonides nullas ipse reliquit opes._

Even Homer died penniless.

Another cause of non-fulfilment may be a legal barrier. There is no

legal method of enforcing a testator’s wishes for the disposal of his

body, except for anatomical purposes. The bequest is void if money be

given to expend the interest in keeping up a grave. In England there

is a legal obstacle against a bequest for the celebration of masses

for the repose of the soul: it is termed a “superstitious trust”

and is invalid. The famous decision in 1835 in the case of _West v.

Shuttleworth_ has not been superseded. The Master of the Rolls, Sir

Charles Pepys, afterwards Lord Cottenham, held that in this country

gifts to priests “that I may have the benefit of their prayers and

masses,” or “for the benefit of the prayers for the repose of my soul,

and that of my deceased husband,” were void, and void such bequests

remain.

Personal reasons, lastly, may bring about the breaking of a will.

Sir Edmund Bury Godfrey’s recommendations for his funeral have been

quoted: he desired to be buried in the meanest place, without pomp or

pageantry, without numerous attendants either of friends or relations,

very early in the morning or very late at night, as privately as

possible, without sermon or harangue. But the excitement and notoriety

of his end, the passions that it aroused or signified, could not suffer

him so to depart. His death and funeral are part of the history of his

time. On October 12, 1678, he disappeared: on the 17th he was found

dead in a ditch on the southern side of Primrose Hill. The funeral was

postponed till the 31st, when his body was borne to Old Bridewell, and

publicly lay in state. A solemn procession accompanied it through Fleet

Street and the Strand to St. Martin’s Church, where it was buried and a

sermon preached by the vicar, William Lloyd. Thus was his will wholly

set at nought—a remarkable but perhaps a pardonable violation.

The Romance of Wills and Testaments · 第 2 / 16 章