CHAPTER III

THE HISTORY OF THE WILL

In order to understand why Sofya Andreyevna's attitude to Leo

Nikolaevitch was so exasperated, and what impelled her to treat him

so cruelly, it is essential to have some conception why he found it

necessary about this time to make a will, leaving all his writings

free to the public.

The story of Tolstoy's will is so complicated and full of details

that a separate circumstantial account of it is required. Here I will

only briefly state the most essential facts.

At the beginning of the 'eighties, at the time when the spiritual

regeneration of Leo Nikolaevitch was taking place, though his new

attitude of completely disapproving of property was not yet fully

defined, he made over to his wife an authorisation for the

publication and sale of his collected works, the income from which

was the principal source of the material means by which his family

lived. Later on, when he came to realise that property of every kind

was wrong, he did not, in spite of all his efforts, succeed in

persuading Sofya Andreyevna to renounce this income voluntarily and

to give him back the authorisation he had given her. He did not feel

morally justified in forcibly depriving her of what she clung to so

passionately, and what against the will of Leo Nikolaevitch she

considered had been put at the disposal of the family for ever. This

trading in his works by his wife against his wish was, in his own

words, one of the most agonising sufferings of his life. All his new

works, however, those that had appeared after 1881 and those destined

to appear later, he thereupon freed from the monopoly of his family,

announcing in a letter to the newspapers, that all who wished could

reprint them without any fee. Sofya Andreyevna had, willy-nilly, to

submit to this decision on the part of the author. But every time

when, instead of articles of a religious and social character, which

did not in the literary market command the immense value enjoyed by

his artistic works, Leo Nikolaevitch undertook any work in artistic

form, Sofya Andreyevna was so much excited and so persistently

demanded that the publication of the new work should be handed over

to her for the benefit of the family, that it completely destroyed

the spiritual tranquillity which he needed for concentrated creative

work.

Many times repeated, these family scenes led him to decide to print

no more works of art during his lifetime.[14] And this decision of

his is the real reason why, during the latter period of his life, he

gave so little to humanity in that sphere.

In the end Sofya Andreyevna began quite openly to declare, even in

the presence of Leo Nikolaevitch, that after his death, according to

the advice of lawyers whom she had consulted, his renunciation of all

literary property in the works of the second period would lose its

validity, and that those works also would, like all the rest, become

the property of his family. Besides this she began to insist that

Leo Nikolaevitch should give her a fresh authorisation for the sale

of his writings of the first period for a long time in the future and

also give her the right to prosecute at law anyone who should

infringe the copyright.

In his diary for 1909 Leo Nikolaevitch writes: "Last night I felt

wretched after talking to Sofya Andreyevna about publishing my works

and prosecuting. If she only knew and understood how she alone

poisons the last hours, days, months, of my life! I do not know how

to say it to her and have no hope that anything one could say would

produce the slightest effect upon her."[15]

Becoming convinced that this greed of Sofya Andreyevna on behalf of

the family would only increase with years, and that she really was

capable of taking possession of all his works after his death and of

depriving other publishers of the possibility of printing them, Leo

Nikolaevitch felt himself morally bound to guard against such a

monopolisation of his writings. And he was so firmly convinced that

it was his duty before God and men to do this, that in spite of all

that he had to endure on account of it afterwards, he remained

unshaken upon this point right up to his death, which was brought

about by the spiritual sufferings which were inflicted upon him in

consequence of this.[16]

After carefully thinking over all the circumstances of the case and

taking advice of persons conversant with the subject, Leo

Nikolaevitch came to the conclusion that if he really desired that

his writings should be freely accessible to everyone after his

death, he could not secure his object without making a formal will.

And therefore, with this end in view, he decided to have recourse to

that means. The editorship and first publication of all his

posthumous works he entrusted to me, with the understanding that

everything brought out by me should at once become public property.

And in order to make the fulfilment of this task secure in practice,

he made a formal will in favour of his younger daughter Alexandra

Lvovna, which would make it possible for her to safeguard my task

from any attempts to hinder it. The profit on the first issue of his

works after his death he assigned in the first place for the

redemption of the Yasnaya Polyana estate from the Tolstoy family in

order to hand it over to the peasants, and this was duly carried out

after his death.

Of course the legal form of the will could not but be distasteful to

Leo Nikolaevitch. But this was to some extent counterbalanced in his

eyes by the fact that the object of the will was not prosecution of

anyone in the future, but, on the contrary, the prevention of the

possibility of legal proceedings being taken by persons who might put

in claims to inherit proprietary rights in the works of Leo

Nikolaevitch if there had been no such will.

There was also another disagreeable side to this business for Leo

Nikolaevitch. To avoid in connection with the will any altercations

and dissensions, which would have been undesirable in themselves and

would have made the position of Alexandra Lvovna, as legal heiress of

his manuscripts, utterly impossible in the family, Leo Nikolaevitch

resolved not to tell anyone of his will. Though to keep the fact of

the existence of a will secret is a fairly usual thing to do in such

circumstances, it will be readily understood that it was against the

grain for Leo Nikolaevitch, and he resolved to act in this way solely

because he saw no other alternative.[17]

Sofya Andreyevna's fears that Leo Nikolaevitch might make a will

depriving his family of the copyright of his works were the

underlying cause of her hostile attitude to him. It was on account of

this that she made such efforts, on the one hand to wring out of him

the complete transfer of all rights in his works to her, and on the

other hand by incessant watchfulness over him to eliminate all

possibility of his signing any business document without her

knowledge. And it was for this same reason that she was filled with

such hatred for me personally, assuming, though quite mistakenly,

that the initiative in Leo Nikolaevitch's renunciation of his

copyrights and the arrangements for carrying this out came from me.

Leo Nikolaevitch was so firm in his resolution to leave his writings

for the free use of all, that with his own hand he wrote a will in

accordance with that idea, not once only but several times, owing to

the fact that the legal form of the documents he composed were never

sufficiently correct to secure the required authority for them. The

last time he made his will while Sofya Andreyevna was watching over

him most vigilantly, during a ride on horseback in the thickest part

of the forest, having previously invited three persons of the circle

of friends living with me at Telyatniki near Yasnaya Polyana to meet

him there and witness his signature.

By making this will Leo Nikolaevitch secured that after his death his

writings became accessible to all, and not the property of his

family. This result in itself is of vast social importance, seeing

that it gave the working people--the poorest class of all

countries--access to Tolstoy's works in the cheapest form, since

it was open to any number of publishers to print them, and the

competition between them would bring down the price of the books.

But apart from this purely practical gain for the vast masses of

mankind, the struggle between Leo Nikolaevitch and his wife for the

copyright of his works,--the struggle which cost him his life,--had

also a great significance from the ideal side. It displayed before

the eyes of mankind, present and future, an extremely important truth

in connection with the Christian doctrine of the non-resistance to

evil by force which Tolstoy so vividly set forth and lighted up in

his writings. Leo Nikolaevitch completely sacrificing himself showed

in practice that this principle does not lead, as many suppose, to

helplessly giving in to evil and allowing it to triumph unchecked.

Unyieldingly maintaining his rejection of copyright in the interests

of the working masses of mankind, he confirmed by his example, plain

to the whole world, what the less eminent "non-resistants" are

continually exemplifying in their life. He showed that people of

such a theory of life do not give in to evil, but are continually

struggling against it in the best and truest way, by refusing to

take part in it. He showed also that to yield to the demand of

others from meekness and love for them is only admissible up to the

limit beyond which they try to make one do what is against one's

conscience; and that when people's demands pass beyond those limits,

one ought not to yield to them in any way in spite of any sufferings

oneself or those one loves may have to bear.

No insistence on the part of those nearest him, no sufferings of his

own on account of it, were able to compel him in this case to depart

from what he considered himself bound to do. Is it possible to find

a more convincing proof that Tolstoy recognised it as morally

necessary to resist evil in the most resolute way?--and it was just

in consequence of this resistance to evil that he had to sacrifice

both his peace and his life.

In a letter to me of September 10, 1910, Leo Nikolaevitch writes of

his inner experience in a way which is highly significant. He says:

"Of late, not with my brains but with my sides, as the peasants say,

I have come to a clear understanding of the difference between the

resistance which is returning evil for evil and the resistance of

refusing to yield in the line of conduct which one recognises as

one's duty to one's conscience and God. I will try."

At the same time by his attitude to the very idea of literary

property Tolstoy, by the exceptional sincerity and consistency of his

manner of action, has helped and still more will help his literary

brethren to see clearly in this "delicate" question, to shut their

eyes to which has now become impossible. As time passes a greater and

greater number of writers will undoubtedly be troubled by doubts as

to whether it is not as morally reprehensible to traffic in one's

words, in one's soul, as to traffic in one's body, and Tolstoy's

attitude will serve conscientious writers as a guiding star in

illuminating this question.

One cannot but recognise Tolstoy's conspicuous services in all this.

And though he acted as he did without considering what bearing this

would have on the consciousness of men, merely striving not to

let himself be drawn into an action contrary to his conscience,

nevertheless this first renunciation of literary property on the part

of one of the greatest writers of the world undoubtedly has a vast

significance for humanity.

If in my present brief account of Tolstoy's leaving home I have

had to dwell rather minutely upon the question of his will, it

is because all the threads of the complicated conditions and

circumstances which caused his departure meet about that central

question. It is true that some of those near to Leo Nikolaevitch have

tried to persuade themselves that Sofya Andreyevna's attitude to him,

which made it impossible for him to remain longer with her, was

chiefly provoked by property interests not connected with his will.

They ascribe her conduct to various causes and principally to her

neurotic condition and morbid, abnormal jealousy. Although putting

the matter in such a light is undoubtedly due to affectionate

goodwill to Sofya Andreyevna, I consider it my duty to protest

against such an interpretation most decisively in the interests of

truth, which here as everywhere is more important than anything.

We ought not to hide from ourselves that there are more than a

sufficient quantity of facts going to prove that Sofya Andreyevna in

this case acted first of all, and most of all, under the influence of

feelings and considerations immediately concerned with the material

prosperity of her numerous family, consisting, as she was continually

reminding people, of twenty-eight persons, counting children and

grandchildren. It is essential to keep this circumstance in view in

order to have a correct understanding of the attitude of Leo

Nikolaevitch to his will.

True love for people dead and alive alike is not shown by concealing

their mistakes and failures from oneself and others, but in knowing

how, in spite of all the undesirable qualities which every one of us

has in sufficient quantity, to behave to one another with compassion

and tolerance, recognising that everyone is responsible for all. Then

we shall not try to pass by the weak spots without noticing them, or

to smear over the cracks on the outside, but shall, on the contrary,

display them in order that they may be corrected by the efforts of

all.

The above-mentioned circumstances and motives of the testamentary

dispositions of Leo Nikolaevitch in regard to his writings must be

kept in mind if one is to have a true conception of his position in

the family at the period immediately preceding his "going away." An

acquaintance with those circumstances and impulses makes it possible

to understand the true character of the relations which have been

formed between Leo Nikolaevitch and her with whom he had been

connected for forty-eight long years and out of love and pity for

whom he was ready to sacrifice all but his conscience.

FOOTNOTES

[14] This decision, which Leo Nikolaevitch reached alone

with his conscience, he tried to keep a secret from everyone, and

when, guessing from certain signs how it was, I told him on one

occasion, he was much puzzled to know how I could have discovered his

secret. To explain why this decision not to publish his artistic work

during his lifetime put a stop to Leo Nikolaevitch's work upon them,

it must be pointed out that it was his habit to make the chief

revision of his first rough sketches on the proofs sent him from the

printer's. Besides, if he had merely worked at them in manuscript he

would have been subjected to the same persistent persecution which so

distracted his peace and his concentration upon his work. (Sofya

Andreyevna told me that she had actually exacted a promise from him

not to give anyone but herself his manuscripts to copy.)

[15] D. P. Makovitsky in his diary says the same thing: "In

1909 before the Stockholm Peace Congress, Sofya Andreyevna wanted to

prosecute I. I. Gorbunov for publishing _The Prisoner in the

Caucasus_, and sent Torba (a Court official, her helper in publishing

Tolstoy's works) to see a lawyer. The lawyer asked what authority

Sofya Andreyevna had for instituting proceedings. 'She has a deed of

trust for transacting all Leo Nikolaevitch's affairs.' 'This is not

enough, she must have a deed transferring the copyright to her.'

Sofya Andreyevna asked Leo Nikolaevitch for it, but he refused point

blank. Then Sofya Andreyevna had recourse to hysterics and did not

let Leo Nikolaevitch go to Stockholm. In the summer of that year

she started playing very cleverly the same game (this time against

Tchertkoff), pretending to be ill in order to force Leo Nikolaevitch

to give her the copyright. It was not Sofya Andreyevna who said the

other thing, but Misha and Andryusha. They blurted out about the

will."--(Sept. 14, 1910, Kotchety.)

[16] A clear light is thrown upon what Leo Nikolaevitch had

to endure in this connection by a letter which a relation of his, the

lawyer I. V. Denisenko, wrote for my benefit when I was exiled from

the province of Tula in 1909, and being unable to be at Yasnaya

Polyana, did not know what was taking place there. I append a few

abstracts from the letter to complete the picture:

"In the July of 1909, when I was at Yasnaya Polyana, Leo Nikolaevitch

Tolstoy was intending to go to the Peace Congress at Stockholm, and

Sofya Andreyevna was opposed to this. This provoked a regular series

of misunderstandings and Sofya Andreyevna fell ill, not wishing Leo

Nikolaevitch to go to the Congress.

"It happened once that she called me into her bedroom, and showing me

a general authorisation for the management of their affairs given her

long ago by Leo Nikolaevitch, asked me whether she could upon this

authorisation sell to a third person the right of publishing his

work, and, what was still more important, institute proceedings

against Sergeyenko and some teacher in a military school for making

books of extracts and anthologies from the works of Leo Nikolaevitch

on the ground that these books of extracts would cause her, Sofya

Andreyevna, considerable material damage....

"I believe it was on the day after that that I was in the park

picking berries with my wife and children. My wife asked me to

go for something to the lodge. I went along an avenue, passing

between flower-beds, and there quite unexpectedly I came upon Leo

Nikolaevitch. I was struck by his appearance. He was bowed and he

looked worried and exhausted. His eyes were dim and he seemed weak as

I had never seen him before. He caught hurriedly at my arm on meeting

me, and said with tears in his eyes: 'Ivan Vassilyevitch, darling,

what is she doing to me? What is she doing to me? She is insisting on

having an authorisation for instituting proceedings. You know I can't

do that.... It would be against my principles.'

"Then walking a few steps with me he said: 'I have a great favour to

ask of you, only let it be a secret between us. For the time don't

speak of it to anyone, not even to Sasha. Please make up a deed for

me by which I could announce publicly that I give all my works at

whatever date they may have been written freely for the benefit of

all.'"

[17] There was even a moment when these two undesirable

conditions associated with the will, _i.e._ its legal form and the

secrecy accompanying it, caused Leo Nikolaevitch to feel doubts as

to the rectitude of his action. These doubts were aroused by a

conversation with one of his intimate friends, who came in from

outside and knew little of the circumstances of this complicated

affair. Leo Nikolaevitch, who was distinguished by an extreme degree

of touching sensitiveness to every criticism of his behaviour,

agreed with his friend that he had acted, as the latter asserted,

"inconsistently," and he told me of it, declaring, however, that he

should nevertheless not change the dispositions he had made. On my

side I was compelled to reply that in that case of course I should

refuse to be his future executor for carrying out his testamentary

dispositions, since only a conviction that I was accomplishing his

definite and conscious desire could give me the necessary moral

support for the performance of this difficult and responsible duty.

At the same time, in accordance with his request, I reminded him of

the circumstances and considerations which had induced him to have

recourse to a will. In answer I received from him the following

letter:

"I write this on little scraps of paper because I am in the woods out

for a walk. Ever since yesterday evening I have been thinking about

your yesterday's letter. The two chief feelings which it aroused in

me were repulsion for the manifestations of coarse greed and

heartlessness which I either did not see or have seen and forgotten,

and distress and repentance that I should have hurt you by the letter

in which I expressed regret for what I had done. The deduction I have

made from the letter is that N. N. was wrong, and also that I was

wrong in agreeing with him, and that I fully approve your conduct,

but all the same am not satisfied with my own: I feel that it was

possible to act better, but I don't know how. Now I do not regret

what I have done, _i.e._ that I have made the will I did make, and I

can only be thankful to you for the interest you have taken in the

matter.

"I shall tell Tanya about it to-day, and that will be very pleasant

to me.

"Leo Tolstoy.

"_Aug. 12, 1910._"

In his private pocket diary on Aug. 11, 1910, Leo Nikolaevitch wrote

as follows:

"A long letter from Tchertkoff describing all that has gone before.

Very sad. Painful to read and recall. He is perfectly right, and I

feel to blame in regard to him. N. N. was wrong. I will write to both

of them."

Certain persons who, for one reason or another, do not sympathise

with the testamentary dispositions of Leo Nikolaevitch, and

especially those of them who took a personal share in the upsetting

of them, continue to this day to assert that Leo Nikolaevitch saw in

the end that he had made a mistake and regretted that he had made a

will.

In confirmation of this they quote a few words written by Leo

Nikolaevitch in his pocket diary at the time of his doubts; but they

are carefully silent with regard to the later note in the same diary

which I have just quoted.

In reality, of course, this incident of Leo Nikolaevitch's hesitation

can only serve to prove how consciously from every point of view he

weighed and considered all the circumstances of the case. If no

doubts had ever assailed him it would have been possible to admit the

supposition that it had never occurred to him to look at the question

from the other side, and that therefore his attitude to it was

one-sided. But now we know that he not only took a critical attitude

as to his action, but that at one time he even doubted if it were

right. If, even after such hesitation, he yet definitely confirmed

his desire that the will should remain in force, what can be a better

proof that this his final decision expresses his real and fully

conscious will?--Cf. _Diary_, Vol. I. ed. 1916; Appendix, p. 260,

"The Will," July 22, 1910.

The Last Days of Tolstoy · 第 3 / 10 章