NOTES

{1}. In _The Book of Genealogies of the Nobility of the Moscow

Government_, Vol. I, page 122, it is said of S. A. T.'s father: "Andrey

Evstafevich, son of a chemist, born 9 April, 1808, a physician on the

staff of the Moscow Palace Control, collegiate assessor 1842, State

Councillor 1864."

{2}. This was the former name of the Commandant's Board.

{3}. Alexander Alexandrovich Bers, first cousin of S. A. T.

{4}. Born 3 December, 1789, died 25 March, {1855}. Buried in Petersburg

in the Volkov Lutheran Cemetery. _Peterburgskii Necropol, Petersburg_,

1912, Vol. I, page 204.

{5}. In _The Book of Genealogies of the Nobility of the Moscow

Government_, Vol. I, page 122, the Bers are included under Section III,

_i. e._ among those families which were promoted to the title of

nobility through the civil service. The year of their promotion was

1843. The right to the coat-of-arms was granted by Supreme Order to the

father of S. A. T. in 1847. See V. Lukomskii and S. Troinizkii, _List

of persons to whom has been granted by H. I. M. the right to

coats-of-arms and the title of nobility of the All-Russian Empire and of

the Kingdom of Poland_, Petersburg, 1911, page 14.

{6}. Alexander Evstafevich Bers, born 18 February, 1807, died 6

September, 1871. See _Peterburgskii Necropol_, Vol. I, page 204; also V.

Lukomskii and S. Troinizkii, page 14.

{7}. In the Tula Province, twenty-five versts from Yasnaya Polyana.

{8}. A. M. Islenev, born 16 July, 1794, died 23 April, 1882. Leo

Tolstoy, who knew him well, described him as the father in _Childhood

Boyhood and Youth_. See P. Sergeenko, _From the Life of L. N. Tolstoy_

and _How Count L. N. Tolstoy Lives and Works_, Moscow, 1898, page 40.

{9}. The well-known Vladimir Alexandrovich Islavin, State Councillor,

born 29 November, 1818, died 27 May, 1895, author of the _The Samoyeds,

their Domestic and Social Life_, Petersburg, 1847, which at the time was

much discussed in newspapers and magazines. See V. I. Maezkov's

_Systematic Catalogue of Russian Books_, A. F. Basunov, Petersburg,

1869, page 404.

{10}. There were five sons and three daughters, _The Book of

Genealogies_, Vol. I, pages 122 and {123}. The best known of these,

besides Sophie Andreevna, were: Tatyana Andreevna (by marriage

Kuzminskii) born 24 October 1846, the author of _My Reminiscences of

Countess Marie Nikolaevna Tolstoy_, Petersburg, 1914; Stepan Andreevich

Bers, born 21 July 1855, author of _Reminiscences of L. N. Tolstoy_,

Smolensk, 1894; Peter Andreevich Bers, born 26 August 1849, died 19 May

1910, the editor of _Detskyii Otdikh_ (1881-1882), and co-editor with L.

D. Obolenskii of the collection of _Stories for Children by I. S.

Turgenev and L. N. Tolstoy_, 1883 and 1886; Vacheslav Andreevich Bers,

born 3 May 1861, died 19 May, 1907, an engineer who was killed for no

obvious reason by workmen during the revolutionary days in Petersburg.

Leo N. Tolstoy was very fond of him. See P. Biryukov, _How L. N. T.

Composed the Popular Calendar_, {1911}.

{11}. A. Y. Davidov, 1823-1885, professor of mathematics in the

University of Moscow, author of popular text-books on algebra and

geometry.

{12}. N. A. Sergievskii, 1827-1892, a writer on theology, author of many

scholarly theological books, founder and editor of _The Orthodox

Review_, professor of theology in the University of Moscow.

{13}. In the Natasha of _War and Peace_ there are many characteristics

of S. A. T. and of her sister, Tatyana Andreevna Kuzminskii. According

to S. A. T., Leo Nikolaevich made the following remark about his

heroine: "I took Tanya, ground her up with Sonya, and there came out

Natasha." See P. Biryukov, _Biography of L._ N. T., Vol. II, page 32.

{14}. In S. A. T.'s story _Natasha_ L. N. T. recognized himself in the

hero, Dublitskii, and he wrote to her in September, 1862: "I am

Dublitskii, but to marry merely because I needed a wife--that I could

not do. I demand something tremendous, impossible from marriage; I

demand that I should be loved as much as I am able to love." L. N. T.

doubted whether a woman could fall in love with him deeply and

completely, as he was not good-looking. On 28 August, 1862, he put down

in his diary: "I got up in the usual despondency. I thought out a

society for apprentices. A sweet, placid night. Ugly face, don't think

of marriage, your vocation is different and much has been given you

instead." _L. N. T.'s Letters to his Wife_, edited by A. E. Gruzinskii,

1913. P. Biryukov, _Biography of L. N. T._, Vol. I, page 471.

{15}. M. N. Tolstoi, 7 March, 1830--6 April, 1912, sister of L. N. T. In

the 'sixties she went abroad with her brother Nikolai and lived with him

at Hyeres in the South of France. After her brother's death, M. N. T.,

overcome with grief, did not wish to return to Russia and settled for a

short time in Algiers. She returned from there in 1862 and visited

Yasnaya Polyana for a short time and met S. A. T. and her mother there.

See T. A. Kuzminskii, _My Reminiscences of Marie N. Tolstoy_,

Petersburg, 1914. P. Biryukov, _Countess Marie N. Tolstoy_, in

"_Russkaya Vedomostii_," 1912, Moscow. A. Khiryakov, _L. N. Tolstoy's

Sister_, in "_Solitse Rossii_," 1912. S. Tolstoy, _To the Portrait of

Countess Marie N. Tolstoy_ in _Tolstovskii Ezhegodnik_, 1912. L. N.

Tolstoy's Letters to Marie N. Tolstoy in _New Collection of Letters of

L. N. Tolstoy_, collected by P. A. Sergeenko, edited by A. E.

Gruzinskii, Moscow, 1912, and Complete works of L. N. Tolstoy, Vols.

XXI-XXIV, edited by P. I. Biryukov, Moscow, 1913.

{16}. S. A. T. here leaves out some curious details. According to her

own account, Leo Nikolaevich followed the Bers family, first to Ivitsa,

Tula Province, fifty versts from Yasnaya Polyana, and then to Moscow.

Leo Nikolaevich's proposal to S. A. T., which was like Levin's to Kitty

in _Anna Karenina_, took place at Ivitsa. See "The Marriage of L. N.

Tolstoy," from the reminiscences of S. A. T. under the title "My Life,"

in _Russkoye Slovo_, 1912. Also P. Biryukov, _Biography of L. N.

Tolstoy_, Vol. I, pages 464-473, and L. N. Tolstoy's _Letters to his

Wife_, pages 1-3.

{17}. The Bers family were convinced that L. N. T. was in love with

Liza, the elder sister of S. A. T., and expected him to propose to her.

This misunderstanding worried L. N. T. as he said in his letter to S. A.

T. See L. N. Tolstoy's Letters to his Wife, pages 1-3.

{18}. Orekov, a serf of Yasnaya Polyana, L. N. T.'s inseparable

companion during the war in Sevastopol, and later steward at Yasnaya

Polyana. See I. Tolstoy, _My Reminiscences_, Moscow, 1914, pages 18,

22-23.

{19}. T. A. Ergolskii, born 1795, died 20 June 1874, a remote relation

brought up in the Tolstoy family, taught Marie, Leo and his brothers,

who lost their mother at an early age. In Tolstoy's house she was called

aunt. See _Reminiscences of Childhood_ and L. N. T.'s _Letters to T. A.

Ergolskii_; also L. N. Tolstoy's _Letters_, 1848-1910, collected and

edited by P. A. Sergeenko, L. N. Tolstoy's _Diary_, Vol. I, 1847-1852,

edited by V. G. Chertkov, Moscow, 1917.

{20}. The beginning of Chapter II, ending with the words "and in copying

out his writings," is incorporated literally by S. A. T. from the first

MS. There is also written in pencil by her "This is new." The statement

is not quite accurate. In the remainder of Chapter III, which is new, a

small part of the original Chapter III, slightly altered, is

incorporated. We shall quote this part in full:

"The first thing which I copied in my clumsy, but legible handwriting

was _Polikushka_. For many, many years afterwards that work delighted

me. I used to long for the evening when Leo N. would give me something

newly written or corrected for me to copy.

"I was carried away by the newly created scenes and descriptions, and I

tried to understand and watch the artistic development and growth of

ideas and creative activity in my husband's works...."

{21}. The beginning was published in two numbers of _Russkii Vyestnik_,

1865 and 1866, and under the title of _The Year 1805_ was later

published in book form, Moscow, 1866. Tolstoy returned to the

Decembrists when he had finished _Anna Karenina_, but was again

disappointed. "My Decembrists are again God knows where; I don't even

think of them," he wrote to Fet in April, 1879, (Fet, _My

Reminiscences_, Vol. II, page 364). The first three chapters of the

Decembrists were published in a miscellaneous volume called _Twenty-five

Years_, 1859-1884, Petersburg, 1884. But towards the end of his life

Tolstoy again became interested in the Decembrists and began to study

the period, see A. B. Goldenweiser, Diary, _Russkie Propilei_. Vol. II,

pages 271-272, Moscow, 1916.

{22}. A. M. Zhemchuznikov and I. S. Aksakov visited Leo Nikolaevich in

the middle of December, 1864, in Moscow at his father-in-law's house

where he came to have his arm medically treated. It was then that he

read to them some chapters from _War and Peace_. See L. N. Tolstoy's

_Letters to his Wife_, page 41.

{23}. There were a number of musical works which always made a deep

impression upon Tolstoy. See list of musical works loved by L. N.

Tolstoy, given by A. B. Goldenweiser, _Tolstovskii Ezhegodnik_, pages

158-160; also musical works loved by L. N. Tolstoy, in S. L. Tolstoy's

_Reminiscences_.

24. Countess A. A. Tolstoy reproached Leo Nikolaevich for his long

silence in a letter of 1 May 1863. Leo Nikolaevich wrote a four page

letter in reply, but did not send it; later in the autumn of 1863 he

wrote another letter, which he sent. The quotation referred to is,

evidently, from the letter which was not sent, and which, as far as we

know, has not appeared in print.

{25}. This quotation from L. N. T.'s Diary is also given in Biryukov's

Biography, but in somewhat different form. He also gives a detailed

sketch of the work, which Tolstoy wrote in his diary; see Biryukov, Vol.

II, pages 27-28.

{26}. N. A. Lyubimov, 1830-1897, well-known professor of physics at the

University of Moscow, a collaborator with Katkov and K. Leontev in

editing the _Russkii Vyestnik_ and _Moskovskaya Vedomesti_.

{27}. Strakhov's articles on _War and Peace_ were published in _Zarya_,

1869 and 1870, and in book form in 1871. His articles on Tolstoy and

Turgenev appeared in book form under the title, _Critical Articles on I.

S. Turgenev and L. N. Tolstoy_, second edition, 1887.

{28}. Edmond About, 1828-1885, the French writer to whom Turgenev sent a

copy of _War and Peace_, translated by Princess Paskevich, and a letter

from which the above quotation is taken. M. About published the letter

in _Le XIX e Siecle_, 23 January, 1880, under the title "_Une Lettre de

Tourgueneff_."

{29}. Vasilii Yakoblevich Mirovich, 1740-1764, a lieutenant in the

Smolenskii infantry regiment, executed for his attempt to rescue Ivan

Antonovich from prison. His story formed the plot of G. P. Danilevskii's

novel _Mirovich_ (Petersburg, 1886).

{30}. From the sketch of the year 1831-2: "The guests were arriving at

the country-house." See Pushkin, edited by S. A. Vengerov, Petersburg,

1910, Vol. IV, pages 255-258.

{31}. In P. Biryukov's Biography, Vol. II, page 205, the words are given

thus: "That is how one should begin. The reader is at once made to feel

the interest of the plot. Another writer would begin to describe the

guests, the rooms, but Pushkin goes straight to the point."

{32}. This quotation is a combination of two passages from L. N. T.'s

letter to Countess A. A. Tolstoy of December, 1874. In the beginning of

this letter he says that he has written a letter to her, but has torn it

up and is writing another. It is possible that S. A. T. is quoting from

the original letter.

{33}. Peter, eighteen months old, 18 November, 1873; Nikolai, two months

old, February, 1875; and the daughter born prematurely, November,

{1875}.

{34}. T. A. Ergolskii (see note 19), and Pelageya Ilinishna Yushkov, the

sister of L. N. T.'s father, died 22, December, 1875. This death

particularly affected Tolstoy. He wrote to Countess A. A. Tolstoy: "It

is strange, but the death of this old woman of eighty affected me more

than any other death.... Not an hour passes without my thinking of her."

_Tolstovskii Musei_, Vol. I, pages 262-3.

{35}. From Fet's poem: "I repeated: 'When I will....'" Later Fet

evidently re-wrote the poem; his last four lines are:

In my hand--what a marvel--

Is your hand.

And on the grass--two emeralds.

Two glow-worms.

See A. A. Fet, Complete Works, Vol. I, page 427, Petersburg, 1912.

{36}. Five poems are known to have been dedicated by Fet to S. A.

Tolstoy, see Complete Works, Vol. I, pages 413, 414, and 449.

{37}. A few months after his visit to Yasnaya Polyana Turgenev wrote to

Fet: "I was very glad to make it up again with Tolstoy, and I spent

three pleasant days with him; his whole family is very sympathetic and

his wife is a darling." See Fet, _My Reminiscences_, Vol. II, page 355,

Moscow, {1890}.

{38}. Wilkie Collins, 1824-1889; his novel _The Woman in White_, was

translated into Russian under the same title, Petersburg, 1884.

{39}. The house was bought in 1882 in the Khamovnicheskii Pereulok.

{40}. An allusion to V. G. Chertkov who became acquainted with Tolstoy

in 1883. See P. A. Boulanger, _Tolstoy and Chertkov_, Moscow, 1911; A.

M. Khiryakov, "Who is Chertkov?" in _Kievskava Starina_, 1910; P.

Biryukov, Biography, Vol. II, pages 471-3, 479-480; V. Mikulich,

_Shadows of the Past_, Petersburg, 1914; Ilya Tolstoy, _My

Reminiscences_, pages 234-5, 247, 265, 269-275; Countess A. A. Tolstoy,

"Reminiscences" in _Tolstovskii Musei_, Vol. I, pages 36-38.

{41}. S. A. T. for a long time did not believe in the seriousness of Leo

Nikolaevich's searchings, considering them a weakness, a disease due to

over-work and the playing of a part. See Biryukov, Biography, pages

474-478; L. N. Tolstoy's _Letters to his Wife_, pages 196-8.

{42}. A. P. Bobrinskii, Minister of Transport 1871-1874, and a disciple

of Radstock; Tolstoy was struck by "the sincerity and warmth of his

belief." See _Tolstovskii Musei_, Vol. I, pages 245, 265, 268, and 275.

{43}. An English preacher who in the middle of the 'seventies lived in

Petersburg and preached with success in aristocratic houses. A short,

but good, description of Radstock is given by Countess A. A. Tolstoy,

who knew him personally, in her letter to L. N. T. of 28 March, 1876,

_Tolstovskii Musei_, Vol. I, pages 267-8.

{44}. S. S. Urusov, 1827-1897, an intimate friend of Tolstoy ever since

the Crimean War, a land-owner and a deeply religious man. Tolstoy

corresponded with him and often stayed with him in his country-house at

Spassko. Urusov translated into French Tolstoy's _In What do I Believe?_

{45}. But Tolstoy did not recognize the Gospel which serves as the

foundation of the orthodox faith, and he interpreted the Gospel in his

own way. It is strange that S. A. T. did not realize this. In this

respect Countess A. A. Tolstoy, who also differed from Leo Nikolaevich

on religious questions and was deeply pained by the difference, was more

understanding and consistent. She wrote of Tolstoy's _Gospel_: "Your

crude denial and bold perversions of the divine book caused me extreme

indignation. Sometimes I had to stop reading and throw the book on the

floor." See _Tolstovskii Musei_, Vol. I, page 44.

{46}. It is interesting to compare the autobiography of S. A. T. with

Tolstoy's play _And Light Shines in Darkness_. In this Marie Ivanovna, a

character taken from S. A. T., uses the family, children, house, and so

on, as the chief arguments against the attempts of Nikolai Ivanovich to

arrange their life in accordance with his views. She says: "I have to

bring them up, feed them, bear them.... I don't sleep at nights, I

nurse, I keep the whole house...." And the husband "wishes to give

everything away.... He wants me at my time of life to become a cook,

washerwoman." See Act I, scenes xix and xx; Act II, scene ii.

{47}. L. D. Urusov, died 6, October, 1885, a devoted friend and

enthusiastic follower of Tolstoy. When he died in the Crimea, where he

had gone with Tolstoy, Urusov, according to Countess A. A. Tolstoy, left

to his son who was with him Tolstoy's letters, as the greatest treasures

which he was leaving him. See _Tolstovskii Musei_, Vol. II; L. N.

Tolstoy's _Correspondence with N. N. Strakhov_; L. N. Tolstoy's _Letters

to his Wife_, pages 255-266.

{48}. Tolstoy lost his suit-case, containing MSS., books, and proofs, in

1883 on his way to Yasnaya Polyana. Among the lost MSS. were several

chapters of _In What do I Believe?_ which Tolstoy had to rewrite.

Biryukov, Biography, Vol. II, pages 457-8.

{49}. Another allusion to Chertkov, who in the middle of the 'eighties

began taking Tolstoy's MSS. to England.

{50}. Tolstoy himself translated this work from the Greek, and twice

wrote a preface to it, in 1885 and 1905. See L. N. Tolstoy's Diary,

1895-1899, edited by V. G. Ghertkov, second edition, Moscow, 1916, page

46.

{51}. As far as we know, this translation has not been published.

{52}. Her letter to the Metropolitan Antonius of 26 February, 1901,

copies of which were sent to the other Metropolitans and to the Attorney

to the Synod. The letter and the answer of the Metropolitan Antonius

were published in many newspapers.

{53}. A short article in the form of a letter to the editor, on Leonid

Andreyev on the appearance of Burenin's critical Sketches in _Novoe

Vremya_, {1903}. At the time it attracted great attention in the press

owing to the exceptional bitterness with which S. A. T. attacked

Andreyev and in general all modern novelists. She wrote: "One would like

to continue M. Burenin's splendid article, adding ever more ideas of the

same kind, raising higher and higher the standard for artistic purity

and moral power in contemporary literature. Works of Messieurs Andreyevs

ought not to be read, nor glorified, nor sold out, but the whole Russian

public ought to rise in indignation against the dirt which in thousands

of copies is being spread over Russia by a cheap journal and by repeated

editions of publishers who encourage them. If Maxim Gorky, undoubtedly a

clever and gifted writer from the people, introduces a good deal of

cynicism and nudeness into the scenes in which he paints the life of a

certain class, one always, nevertheless, feels in them a sincere sorrow

for all the evil and suffering which is endured by the poor, ignorant,

and drunken of fallen humanity. In the works of Maxim Gorky one can

always dwell on some character or pathetic moment in which, one feels,

the author, grieving for the fallen, has a clear knowledge of what is

evil and what good, and he loves the good. But in Andreyev's stories one

feels that he loves and takes delight in the baseness in the phenomena

of vicious human life, and with that love of vice he infects the

undeveloped, the reading public which, as M. Burenin says, is untidy

morally, and the young who cannot yet know life.... The wretched new

writers of contemporary fiction, like Andreyev, are only able to

concentrate upon the dirty spots in the human fall and proclaim to the

uneducated, the half-intelligent reading public, and invite them to

examine deep into the decayed corpse of fallen humanity and to shut its

eyes to the whole of God's spacious and beautiful world with its beauty

of nature, with the greatness of art, with the high aspirations of human

souls, with the religious and moral struggle and the great ideals of

good...." _Novoe Vremya_, 1903.

{54}. Three fragments of this have been published: "L. N. Tolstoy's

Marriage" in _Russkoye Slovo_, 1912; "On the Drama, _The Power of

Darkness_" in _Tolstovskii Ezhegodnik_, 1912, pages 17-23; and "L. N.

Tolstoy's Visits to the Optina Monastery" in _Tolstovskii Ezhegodnik_,

1913, Part III, pages 3-7.

{55}. The history of these MSS. has been discussed at great length in

newspapers and magazines. The gist of the matter is as follows. By

Tolstoy's will everything written by him up to the date of his death,

"wherever it may be found and in whose possession," was to pass to his

daughter Alexandra Lvovna Tolstoy. She laid claim to the MSS. deposited

in the Historical Museum. But S. A. T. opposed this, declaring that the

MSS. had been given to her as a gift by Tolstoy, were her own property,

and therefore could not be included in his will. The authorities of the

Historical Museum refused both parties access to the MSS. until the

question had been settled by a court. The history of the case is given

in _Tolstovskii Ezhegodnik_ for 1913. Part V, pages 3-10, and in the

journal _Dela i Dni_, 1921, pages 271-293, in which A. S. Nikolaev gave

an account of the case, re Count L. N. Tolstoy's MSS.

{56}. The letter of 8 July, 1897. On the envelope Tolstoy wrote: "Unless

I direct otherwise, this letter shall after my death be handed over to

Sophie Andreevna." The letter was entrusted to N. L. Obolenskii,

Tolstoy's son-in-law. See L. N. Tolstoy's _Letters to his Wife_, pages

524-526.

{57}. Tolstoy announced this in a letter to the editor of _Russkaya

Vedomostii_ which was published in the paper on 19 September, 1891. The

letter is reprinted in the supplement to L. N. Tolstoy's Diary,

1895-1899, second edition, pages 241-242.

{58}. The death of Vanichka was a terrible blow to Tolstoy who "loved

him, as the youngest child, with all the force of an elderly parent's

attachment." With him the last tie binding Tolstoy to his family was

broken. Ilya Tolstoy was inclined to think that there was "a certain

inner connection" between the child's death and Tolstoy's attempt to

leave Yasnaya Polyana in 1897. See Ilya Tolstoy, _My Reminiscences_,

pages 214-219.

{59}. Sergei Ivanovich Taneev, 1856-1915, who for three years

consecutively, 1894-6, came to stay in the summer with the Tolstoy's at

Yasnaya Polyana.

{60}. The story of Tolstoy's illness and his life at Gaspra is told in

the fine reminiscences of Dr. S. Y. Elpatevskii, the well-known writer

and doctor who treated Tolstoy, entitled "Leo N. Tolstoy, Reminiscences

and Character," _Rosskoe Bogatstov_, Number XI, 1912, pages 199-232;

also S. Elpatevskii, _Literary Reminiscences_, Moscow, 1916, pages

26-49.

{61}. There was a stern struggle between Sophie Andreevna Tolstoy and

Chertkov over Tolstoy's diaries almost from the first moment of his

acquaintance with Tolstoy. Originally the diaries were in Chertkov's

hands. But in October, 1895, S. A. T. insisted upon their return to

Tolstoy. On 5 November, 1895, Tolstoy wrote in his diary: "I have gone

through a great deal of unpleasantness with regard to fulfilling my

promise to Sophie Andreevna; I have read through my diaries for seven

years." After he had read them, the diaries were handed over to S. A. T.

who sent them for safe-keeping to the Rumyantsev Museum and later to the

Historical Museum. The later diaries, ending with 19 May, 1900, were

also handed over to S. A. T. The diaries of the last ten years, of which

S. A. T. is speaking here, turned out to be in Chertkov's possession. It

cost S. A. T. not only much effort, but tears and even her health, in

order to get them back. Personally and in writing, and also through V.

F. Bulgakov, she entreated and implored Chertkov to return them, but

everything proved of no avail. An atmosphere, painful for the whole

family, was thus created, and Tolstoy was literally stifled, finding

himself between the stubbornness of a morbid woman and the fear of

offending a no less stubborn man, Chertkov. It ended by Tolstoy, in the

middle of July, 1910, taking the diaries from Chertkov and placing them

for safe-keeping in the Tula bank, in order not to hurt either party.

After Tolstoy's death, according to his will, the diaries passed to

Alexandra L. Tolstoy. See L. N. Tolstoy's Diary, Vol. I, 1895-1899,

pages 11, 12, and 6; L. N. Tolstoy's _Letters to His Wife_, page 493; V.

F. Bulgakov, _Leo Tolstoy During the Last Years of his Life_, Moscow,

1918, pages 255, 261-263, and 265.

{62}. This will in the form of a letter was an extract from Tolstoy's

diary of 27, March, 1895.... His request that his works should become

public property was later made in his diary for 1907, also on 4 and 8

March, 1909.

{63}. Three copies of this extract from the diary were kept by Marie

Nikolaevna Obolenskii, V. G. Chertkov, and Serge Tolstoy. Evidently S,

A. T. did not know this. See _Tolstovskii Ezhegodnik_, page 9.

{64}. According to A. B. Goldenweiser, Tolstoy, perhaps having reason to

think that his will with regard to his works would not be carried out,

decided to make a will which would be binding legally as well as

morally. On 17 September, 1909, the will was drawn at Krekshino, and on

the 18 it was signed by Tolstoy. By this will all his works, written

after 1 January, 1881, both published and unpublished, became public

property. Consequently the will meant that all works written and

published before that date remained the property of the family. On 18

September on their return from Moscow, Alexandra L. Tolstoy went to see

the lawyer N. K. Muravev and showed him the will. Muravev said that from

a legal point of view the will was quite invalid, since according to law

you could not leave property to "nobody," and he promised to draw up and

send to Yasnaya Polyana the rough draft of a will. Two or three

consultations took place at Muravev's house, at which there were present

V. G. Chertkov, A. B. Goldenweiser, and F. A. Strakhov. Several drafts

of the will were made which it was decided to take to Tolstoy in order

that "he might read them and choose one of them, or reject them all, if

he found that they did not meet his wishes." On 26 October Strakhov left

for Yasnaya Polyana with the drafts. When he returned, he said that

"Tolstoy expressed the firm resolution to leave as public property, not

only the works written after 1881, as was originally proposed, but

generally everything written by him," a resolution completely new, and

unexpected by those who had taken part in the consultations. In

accordance with Tolstoy's new decision, Muravev drew up another will by

which everything written by Tolstoy, "wherever found and in whosesoever

possession," was transferred to the full ownership of Alexandra L.

Tolstoy. This will was taken to Yasnaya Polyana, copied in Tolstoy's own

hand, and signed by him on 1 November, 1909. This is Goldenweiser's

account of the two wills in his diary. We see from this story that

Tolstoy himself decided to make a formal will, and he himself, to his

friends' surprise, radically changed the first will regarding his works

written and published before 1881. But the reader is confronted with a

series of puzzling questions: How did Tolstoy make up his mind to have

recourse to the protection of the law, which he denied with his whole

soul? What caused him to alter so quickly and resolutely his intention

with regard to the disposal of works written by him before 1881? Why

were "two or three" consultations with an experienced lawyer necessary,

if the friends had the simple task of drawing up in correct and legal

form Tolstoy's clearly expressed intention with regard to his works?

Goldenweiser provides no answer to these questions.

Let us turn to Chertkov, the principal actor in these consultations. In

the _Tolstovskii Ezhegodnik_ for 1913, Part I, pages 21-30, he published

photographs of the will of 1 November, 1909, and of the two subsequent

wills, with a short prefatory note in which he says: "The photographs

published here of the three successive wills, written by Tolstoy's own

hand in the space of ten months, are sufficient proof of the repeated

and serious attention which he gave to the fate of his writings, MSS.,

and papers after his death." But there is no answer here to the puzzling

questions.... Approximately three years later Chertkov, indeed, gave us

the full history of Tolstoy's wills in the Supplement to L. N. Tolstoy's

Diary, pages 241-252. There he quoted Tolstoy's letter with regard to

the transfer to public property of his works written before 1881; the

will in the form of a letter from Tolstoy's diary of 27 March 1895; the

will written in Krekshino; the final will and "explanatory memorandum."

Above all Chertkov at great length tried to prove from Tolstoy's

letters and from extracts from his diaries that Tolstoy always had

complete confidence in him as a true friend, and for that reason, in

preference to all the members of his family, made him sole executor for

his writings, by giving him the right to "omit" or "leave in" what he

thought necessary. But Chertkov does not say a single word either of the

Moscow consultations of the friends or of the will of 1 November, 1909,

and thus not only gives no answer to our questions, but excludes the

possibility of our putting them, by skilfully passing direct from the

Krekshino will to the last two wills made in the summer of 1910. Let us

now hear what the third participant in the consultations has to say,

namely Strakhov, who, in his own words, felt a "little doubt begin to

stir within him," when the friends on 1 November, 1909, "carefully

performed the transactions which are bound to have certain historical

consequences." His article on how the will of 1 November, 1909, was

drawn up fills in the gap which Chertkov passed over in silence.

Strakhov says nothing about the Krekshino will, in the making of which

he took no part.... After the failure of the will at Krekshino, the new

draft of a will was worked out at the Moscow consultations, and Strakhov

left with the draft for Yasnaya Polyana on 26 October, when, as the

friends supposed, Sophie Andreevna would be in Moscow. Their calculation

was mistaken: S. A. T. was returning to Yasnaya Polyana in the same

train as Strakhov. But her presence did not prevent Strakhov from

executing his mission brilliantly. When alone with Tolstoy, he explained

that it was necessary to draw up a formal will transferring the rights

in his literary property to a definite person or persons, and "he put

before him the draft document and asked him to read it and sign it, if

he approved of its contents." Tolstoy read the paper and "at once wrote

at the bottom that he agreed with its contents; and then, after thinking

for a little, he said: "The whole affair is very painful to me. And it

is all unnecessary--in order to secure that my ideas are spread by such

measures. Now Christ--although it is strange that I should compare

myself with him--did not trouble that some one might appropriate his

ideas as his personal property, nor did he record his ideas in writing,

but expressed them courageously and went on the cross for them. His

ideas have not been lost. Indeed no word can be completely lost, if it

express the truth and if the person uttering it profoundly believe in

its truth. But all these external measures for security come only from

our non-belief in what we are uttering." Saying this Tolstoy left the

room. Strakhov was undecided what to do, whether to oppose Tolstoy or to

leave Yasnaya Polyana without having achieved anything. He made up his

mind to oppose Tolstoy and attacked him in his most vulnerable spot. He

said to him: "You mentioned Christ. He, indeed, took no thought about

the dissemination of his words. But why? Because he did not write and,

owing to the conditions of the time, received no payment for his ideas.

But you write and have received payment for your writings, and now your

family receives it.... If you will not do something to secure the public

use of your writings, you will be indirectly furthering the

establishment of the rights of private property in them by your

family.... I shall not conceal from you that it has been painful for us

who are your friends to hear you reproached because, in spite of your

denial of private property in land, you transferred your estate to the

ownership of your wife. It will also be painful to hear people saying

that Tolstoy, in spite of his knowledge that his declaration in 1891 had

no legal validity, took no steps to ensure his wish being carried out

and thus consciously assisted the transference of his literary property

to his family. I cannot say how painful it will be for your friends to

hear that, Leo Nikolaevich, after your death, and the complete triumph

of your survivors' monopoly over your writings during the long fifty

years of copyright, and all this with the definite knowledge of your

views on the subject."

Tolstoy acknowledged Strakhov's considerations to be a "weighty

argument" and, promising to think it over, left the room. He had to wait

a long time for the answer. Tolstoy went for a ride, had a sleep,

dined, and only after his dinner called Strakhov and Alexandra Lvovna

into his study and said to them: "I shall surprise you by my ultimate

decision.... I want, Sasha, to leave to you alone everything, do you

see? Everything, not excepting what I reserved in the declaration in the

newspapers.... The details you may think over with Vladimir

Grigorevich."

Strakhov informed Chertkov by telegram of the "successful" result of his

conversations with Tolstoy. On 1 November, 1909, he returned to Yasnaya

Polyana with Goldenweiser, this time to witness the signature of the new

will by which "everything" passed to Alexandra Lvovna. This time

Strakhov entered Yasnaya Polyana with a "certain pricking of

conscience," because he had hid his purpose from Sophie Andreevna. The

signing of the will took place in the setting of a conspiracy. Strakhov

says that, when Tolstoy took the pen, "he locked the two doors of his

study one after the other." And it was so strange and unnatural to see

Tolstoy in the part of a man taking steps against unwanted visitors....

{65}. Indeed, some time before Tolstoy's going away, S. A. T.'s mind was

unhinged. This became very clear in the middle of 1910. By the common

consent of the family, Dr. N. V. Nikitin and the well-known alienist

Rossolino were summoned from Moscow to Yasnaya Polyana and they found

her to be suffering from hysteria and paranoia in the early stage (see

_Dela i Dni_, 1921, Number I, page 288). As regards paranoia, the data

existing seem to show that the doctors were mistaken, since paranoia

belongs to the class of incurable diseases and comparatively soon passes

from the first to the second stage, characterized by frenzy and acute

madness, from which, so far as is known, S. A. T. did not suffer. On the

contrary her mental and bodily health improved considerably after

Tolstoy's death. But no doubt the doctors' diagnosis of hysteria was

correct. There is evidence that she had a predisposition to that disease

from her birth. Her parents also suffered from lack of mental balance,

as may be seen from Tolstoy's letters to his wife. We read in them: "L.

A. and A. E. (her mother and father) love each other, and yet both seem

to make it the purpose of their lives to irritate each other over

trifles, they spoil their own lives and those of all who surround them,

and especially their daughters'. This atmosphere of irritation is very

painful, even to outsiders." "A. E.... is difficult because of his

unceasing and overpowering care of his health, which would indeed be

much better, if he thought less about it and himself." "Lyubov

Alexandrovna is wonderfully like you.... Even the faults are the same in

you and in her. I listen sometimes to her beginning to talk confidently

about something which she does not know, and to make positive

assertions and exaggerate--and I recognize you." Signs of this disease,

though in a mild form, were observed in S. A. T. from the first years of

her married life. But the strength of her constitution and the healthy

elements of her mind for a long time had the upper hand, and the

symptoms were not obviously visible. But then the bearing and nursing of

children, the complicated business of the estate, the strain on the mind

for many years resulting from the differences with her husband and her

struggle with Chertkov--all this sapped her mental and physical powers

and made it possible for the morbid characteristics to assume an acute

form. Even in 1910, before Tolstoy's going away, she was definitely a

sick person.

{66}. The will of 1 November, 1909, was drawn in correct legal form, but

Tolstoy made the following addition to it: "In case, however, of my

daughter, Alexandra Lvovna Tolstoy dying before me, all the

above-mentioned property I bequeath absolutely to my daughter Tatyana

Lvovna Sukhotin." Consequently a new will was drawn up on 17 July, 1910,

but a formal mistake was made in it though Goldenweiser's fault, who

left out the words: "being of sound mind and memory." Owing to this it

became necessary to draw up a will, the fourth in number, which was

copied and signed by Tolstoy on 22 July, 1910, and not, as S. A. T.

says, on 23 July.

Such is the bare history of the two last wills, as related by Chertkov.

But he does not tell us how and under what circumstances these wills

were signed. This task Sergeenko junior, Chertkov's secretary, has taken

upon himself: he tells us how the fourth will was made. According to

him, on 22 July, Tolstoy fetched the witnesses who were with Chertkov at

Telyatenki and went on horse-back with them to the old forest of Zaseka,

and there in the depths of the forest, sitting on the stump of a great

tree, he copied his will, first from a draft and then at Goldenweiser's

dictation. From the expression on Tolstoy's face Sergeenko saw clearly

that "although the whole business was painful to him, he did it with a

firm conviction of its moral necessity. No hesitation was visible."

{67}. P. I. Biryukov, an old friend of Tolstoy, author of the _Biography

of L. N. Tolstoy_, two volumes, Moscow, 1906-8. On 1 August, 1910,

according to V. F. Bulgakov, Biryukov, during a visit to Yasnaya

Polyana, pointed out to Tolstoy "the undesirable atmosphere of

conspiracy which the business of the will was assuming. To call the

whole family together and explain his will to them would, perhaps,

correspond better with Tolstoy's general spirit and convictions." After

his conversation with Biryukov Tolstoy was extremely disturbed. When V.

F. Bulgakov, who was going to Chertkov's estate, asked him whether there

was anything which he wanted him to say to Chertkov, Tolstoy replied:

"No. I want to write to him, but I will do it to-morrow. Tell him, I am

in such a state that I want nothing and...." Tolstoy stopped for a

little. "And am waiting. I am waiting for what is going to happen and am

prepared for anything." Alexandra Lvovna Tolstoy and the Chertkovs were

very annoyed at Biryukov's behaviour, thinking that his interference was

ill-timed and only disconcerted Tolstoy. See V. F. Bulgakov, _Leo

Tolstoy During the Last Years of his Life_, pages 277-8.

{68}. The typewritten MS. has "whose powers were growing feeble." The

words "and memory" were inserted in S. A. T.'s handwriting. This is

clearly no exaggeration. Ilya Tolstoy also says that Tolstoy during his

last year of life had several fainting fits and that after them he used

for a short time to lose his memory to such an extent that he did not

recognize his near relations, and once even asked about his brother who

had been dead fifty years: "And how is Mitenka?" Bulgakov, who lived at

Yasnaya Polyana in 1910, gives not a few similar instances. Tolstoy

confirms it himself. In June 1910, when asked whether he had seen the

Tula asylum, he replied: "I don't remember. I have forgotten. A

phenomenon, like the weakening of memory, must interest you mental

specialists. My memory has become very bad." See Ilya Tolstoy, _My

Reminiscences_, pages 246-7 and 272; Bulgakov, _Leo Tolstoy_, pages

34-5, 267, 289, and 323.

{69}. Was it not the desire to discover this secret which made S. A. T.

steal into Tolstoy's study at nights and search there, as is stated by

Tolstoy in his diary? See _Dela i Dni_, 1921, Number I, pages 290-1.

{70}. This letter is quoted in _My Reminiscences_, by Ilya Tolstoy,

pages 261-3.

{71}. This of course refers to Chertkov's letter on the occasion of

Tolstoy's going away, published in _Russkaya Vedomostii_, 1910, Number

252. An extract is quoted in Chertkov's pamphlet, _On the Last Days of

L. N. Tolstoy_, Moscow, 1911, page {15}.

{72}. This was also the opinion of all the members of the family who

were at Astapovo. See Ilya Tolstoy's, _My Reminiscences_, pages 253-5.

{73}. The sale of Yasnaya Polyana has its history. S. A. T. and her sons

originally approached the Government and asked whether it would acquire

Yasnaya Polyana for the State. The Council of Ministers discussed the

question at the two sittings of 26 May and 14 October, 1911. At the

first sitting it was decided to acquire Yasnaya Polyana at the price of

500,000 roubles suggested by the heirs; but at the second sitting the

Council adopted the view of the Attorney to the Synod, V. K. Sabler, and

the Minister of Education, L. A. Kasso, who held it inadmissible that

the Government should honour its enemies and enrich their children at

the State's expense; and the question of purchasing Yasnaya Polyana

went no further. Later a Bill for its purchase was introduced in the

Duma, but nothing came of it.... On 26 February, 1913, Alexandra Lvovna

Tolstoy bought Yasnaya Polyana for 400,000 roubles, which she had

received from Sitin, the publisher, for the right of publishing a

complete edition of Tolstoy's works. On 26 March, 1913, Tolstoy's

long-cherished desire was fulfilled and the land of Yasnaya Polyana was

transferred to the peasants. See _Tolstovskii Ezhegodnik_, 1911, Number

II, page 31, Numbers III, IV, and V, pages 190-4 and 198; 1913, Part V,

pages 10-12.

{74}. On 15 November, 1912, the Moscow municipality acquired Tolstoy's

house in Moscow with all its furniture for 125,000 roubles and decided

to use it for a Tolstoy Museum and Library, and to build in the

court-yard a new building for a Tolstoy School of sixteen classes. See

_Tolstovskii Ezhegodnik_, 1911, Number II, pages 31-2, and Numbers III,

IV, and V, pages 194-6.

{75}. The newspapers announced that S. A. T. died in October, 1919. We

have not succeeded in verifying the date and, therefore, cannot vouch

for its accuracy.

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