Will of the Marquis d’Aligre

Before quoting the will of the Marquis d’Aligre, we will recall a little incident of his life, which, though it serves to show his character, does not prepare us for the various phases of his shrewd and humorous mind.

One day the marquis went to pay a visit to the Duc de X., one of his friends, a man of scrupulous propriety and a great stickler for etiquette. Hardly had he taken leave, after an hour’s chat, before the duke perceived on the mantelpiece a pair of brown gloves; he looked at them and then drew back with horror; these gloves of an indescribable hue had evidently once been white! and it was actual wear that had tinted them. The tips of the fingers were twisted about and stiff, and the gaping buttonholes testified to their protracted and loyal service. No housemaid would have worn them to clean her stoves.

The duke took his tongs, seized the gloves, and laying them on a folded newspaper, rolled them up with precaution, and having written on a slip of paper, “Gloves belonging to a great nobleman, one of the largest landowners in France,” he fixed it with a pin to this singular parcel. Not many minutes later arrives the valet of the marquis, who, presenting himself before the duke, begs to know, not without some embarrassment, and blushing up to his ears, whether his master had not forgotten his gloves. Needless to say they were forthwith handed to him.

We now proceed to the will of this gentleman, of which we propose to transcribe the most remarkable clauses, which, however, we must remark, seem to have been penned in a spirit of justice.

“Art. IV.—I leave to M. de Boissey, my blessing, to compensate him for the curses which M. Pasquier heaped upon him every day. May it be of use to him on the judgment-day.”

“Art. VII.—I withdraw from M. A ..., and M ... x the sums I had left them by a former will; they have so often proclaimed that I am a man who would cut a farthing in four, that I would on no account oblige them to change their opinion.”

“Art. IX.—I advise Madame de Pomereu, or those she may authorize, to pay to the charcutiers of Paris the sum of 10,000 francs in remembrance of their predecessors, who before the Revolution dealt for their ham and other smoked meats at the HÔtel d’Aligre, Rue St. HonorÉ.

“Art. X.—I leave 20,000 francs a-year to the invalide who, being on guard on the Pont des Arts in 1839, and, judging from the shabbiness of my dress that I was in distress, paid for me the five centimes toll.”

“Art. XIII.—Considering that virtue ought to be encouraged, I consecrate 100,000 francs yearly to the formation of fifty dowries of 2000 francs in favour of fifty RosiÈres. The Mayor of Nanterre, who finds these maidens every year, will be good enough to undertake the distribution. If by chance his commune should not furnish him the necessary contingent, he is authorized to address himself to the Gymnase Theatre.

“Art. XIV.—I leave 200,000 francs a-year to the ‘Phalansterians’; but they are only to receive this sum on the day on which they shall have transformed the ocean into orangeade, and gratified mankind with that appendage he needs to make him equal to the gibbon.”

“Art. XVI.—Taking compassion on the poor of the first arrondissement, I desire that the value of the cereals harvested on my land at the next harvest shall be distributed to them in its entirety.

“Art. XX.—Finally, I leave to my relatives, oblivion; to my friends, ingratitude; to God, my soul. As for my body, it belongs to my family vault.”

The brother of the testator was put into the will for a legacy so absurdly disproportionate to what he considered he had a right to expect that the following not very maturely considered observation thereon appeared in a newspaper of the date (1847):

“The celebrated Croesus who has just died has revealed in his will certain little peculiarities of which few suspected him. He was a great protector of rats; and on the day but one before that of his death he was at the races with four of these animals in his calÊche. He had a brother who gave him very good advice on this subject, like the ClÉante of ‘Tartuffe,’ to whom he replied by a little posthumous epigram, indicative of his churlish disposition; he has left him, out of his large fortune, a dole of 20,000 francs per annum. There is no revenge so hard and bitter as that of an old man. There are, we venture to think, many brothers, all the same, who would be very glad of a fraternal legacy of eight hundred a-year, and, moreover, we know nothing of the provocation that may have been given; like Lord Campbell, ‘we should like to hear the dog’s story.’”

Possibly the old Marquis felt the separation he contemplated between himself and the fortune he had amassed, but if he entertained any malicious sentiments against those to whom he was obliged to leave what he could not take away with him, he seems to have been fully justified in the somewhat severe animadversions he has passed on some of his legatees.

To a lady relative, who had been full of attentions for him, he left a broken cup, jeering her with the taunt that while she thought she was taking him in he was laughing in his sleeve at the grimace she would make when she found that it was he who had got all her little gifts, her smiles and favors out of her, knowing all the while that he had no intention of repaying them as she expected.

“As for you,” he says at the end of the will, “you, my good and admirable valet, who have so long taken me for your dupe, you will now learn that it is you who have been mine; when at the conclusion of my dinner you thought I was applauding your economy and your zeal, in carefully putting together the remains of bottles of wine and keeping them for the next meal, it never occurred to you that I was well aware you took for your own use whole bottles. When you came with tearful eyes and coaxing voice to wait on me the moment I was suffering from any trifling indisposition, presenting to me my tisanes with an assumed air of condolence and anxiety, you little thought how my instinct, following you into the servants’ hall, guessed the language in which you expressed yourself there. ‘The old fellow,’ you used to say, ‘can’t last much longer, and then I shall come in for my hard-earned legacy.’

“Well, my dear fellow, I am sorry to tell you this was all a mistake, and you have got to learn that masters are not always so much stupider as you suppose than their servants.

“As for you, my relatives, who have been so long spelling upon this fortune, on which ‘I had concentrated all my affections,’ you are not going to touch a penny of it, and not one of you will be able to boast that you have squandered the millions which the old Marquis d’Aligre had taken so many years to hoard up.”

Cardinal Antonelli’s Will

The great wealth Cardinal Antonelli, who died in 1876, is reported to have left, has aroused special interest with regard to his will, and given rise to endless gossip, not only as to its contents, but concerning the document itself. At first it was reported that it could not be found; then, that it had disappeared in some remarkable manner; that it had been purposely destroyed; that the cardinal had made no will; and many other canards were circulated. Later, however, the LibertÀ announced that it was in the hands of the public notary in the Piazza San Claudio, where it could be seen, but that only those having a direct interest in its contents could be permitted to examine it. Subsequently the Popolo Romano published the document in extenso, together with the notary’s statement concerning it, as follows:

“REPERTORY NO. 187

“Reigning His Majesty Victor Emmanuel II., by the grace of God and the will of the nation, King of Italy.

“I, the undersigned, public notary, certify that among my acts under the hereafter-inscribed day is to be found the registered report of the deposit of the holograph testament of the defunct Most Eminent Cardinal Giacomo Antonelli, made at the instance of the illustrious advocate, Signor Antonio Bachetoni, to the following effect:

“The year one thousand eight hundred and seventy-six on Thursday, the twenty-third day of the month of November, in Rome. Before me, Scipione Vici, public notary, having my office upon the Piazza San Claudio, No. 93, and inscribed in the Council of Notaries of the district of the Collegio di Roma, assisted by the undersigned witnesses, qualified according to law, and in the presence of the illustrious advocate Signor Enrico Simonetti, PrÆtor of my mandament, duly executed at his residence, situated in Via GesÙ e Maria, No. 28, and of the Signori Jacopini Torollo, son of the late Giovanni Batta, of Arcidosso, in the Province of Grosseto, domiciled Via Orsoline No. 2, and Filippo Ciavambini, son of the late Petito, of Ascoli, domiciled Via de’ Specchi No. 3, both employÉs, has personally appeared the illustrious advocate Antonio Bachetoni, son of the late Giovanni, native of Spoleto, domiciled in Rome, in Via del Corso No. 509, of full age, being juridically qualified, and known to me, notary, who, in consequence of express instructions received from the noble Signori Conti Gregorio, Angelo, and Luigi Antonelli, brothers german, has applied to me to deposit with me notary, certain papers, which they assert contain the last testamentary dispositions of the aforesaid defunct Most Eminent and Most Reverend Signor Cardinal Giacomo Antonelli, who passed from among the living on the sixth day of the current November, as results from the certificate of the Board of Health, given the 22nd day of November, 1876, and which I insert (Appendix No. 1). Wherefore, in presence of the aforesaid Signor PrÆtor and of the aforesaid witnesses, he has consigned to me an open envelope, on the outside of which was found written, ‘Testament of Cardinal Giacomo Antonelli,’ and having examined the contents of the same, they were found to consist of two sheets of paper folded in quarto, and another small envelope, of which the requisite description will be made in its proper place. Opening the two sheets, it was found that they were in one handwriting and consisted of six pages written throughout, and the seventh upon the half only, followed by the date ‘Rome, January 18, 1871,’ and by the signature ‘G. Card. Antonelli.’ On the third page an interlineation of fifteen words was observed, and on the fifth and seventh pages the insertion of a word in each without any marginal note or erasure, as follows:

“‘WILL OF CARDINAL GIACOMO ANTONELLI

“‘Desiring to dispose of my property now that, by the grace of God, I find myself sane in mind and body, using the faculties which I have as Cardinal of the Holy Roman Church, with this document, by me written and subscribed, I make herewith my last will and testament. Before everything else I recommend my poor soul to the infinite mercy of God, trusting that through the intercession of the Most Holy Immaculate Mary, and of my patron saints, St. Peter, St. Paul, St. James, and St. Louis, He may grant me remission of my sins, and make me worthy of the eternal glory of Paradise. I forbid the dissecting or embalming of my body after death in any way or for whatsoever motive, and order that it be interred in the burying-place of my chapel in the Church of Sta. Agata alia Suburra, near my good mother.

“‘The funeral shall be made according to custom in the church which it shall please the Holy Father to appoint. During the eight days following my death I order that a hundred masses a day be celebrated, with the alms of thirty sous for each mass.

“‘A part of these masses shall be caused to be celebrated by the Mendicant Friars. I humbly beg the Holy Father to accept the respectful offering I make him of the crucifix standing on my writing-table, having the cross inlaid with lapis-lazuli, and at the base the kneeling Magdalene, within the centre of said base a bas-relief, representing the Addolorata, and other ornaments in silver. I pray him to accept with paternal goodness this object as a homage from the most devoted and faithful of his subjects, who dies tranquil in the conscience of never having failed in duty towards his sacred person, and the conviction of having always with all earnestness and honesty served him in the true interests of the Church and of the State. Before proceeding to dispose of my private fortune, I declare that I do not possess any other capital beyond that which came from the heritage of my excellent father, or which I have been able to acquire through the means left me by him. I protest, therefore, against all the calumnies which on that and on any other account whatsoever have been in so many ways circulated through the world, before God who is to judge me, and before Him I forgive from my heart all those who have tried to do me evil.

“‘If, in doing my duty, I may have caused displeasure to anyone, I have the conscience of never having had even the intention of injuring anyone whomsoever. I direct my heirs to consign to the persons whom I have thought it my duty to remember some memoranda which I shall leave written in a sealed paper by me subscribed.

“‘I leave to the Hospital of Santo Spirito, for one time only, twenty-five francs, and other twenty-five francs to the Holy Places of Jerusalem.

“‘To my Titular Church of Santa Maria in Via Lata, I leave my white tonacella. The red one I leave to the Church of Sta. Agata alla Suburra, the commenda of which I hold. The violet pianeta I leave to the monastery of St. Marta, of which I am protector.

“‘The sacred hangings and altar-plate of my private chapel I desire may be preserved for the chapel of my house on the Quirinal, and they shall belong to the heir to whom I assign the said house.

“‘I institute as universal proprietary heirs my dearest brothers, Filippo, Gregorio, Luigi, and Angelo, my nephew, Agostino, son of Gregory, and my other nephew, Paolo, son of Luigi, to each of whom, as I shall say afterwards, I assign and determine such portion of the property and of the objects as I will they may possess, and I will that each of them may bear the respective legacy-duty according to the value of the share falling to him.

“‘All my possessions, furniture, gold, silver, precious objects, titles, and effects whatsoever, the credits, and the little money that may be found in my possession at the time of my death, except the collection of stones and other things of which I shall dispose hereinafter, I assign to my brothers as above, Filippo, Gregorio, Luigi, and Angelo, and I pray them to accept this my disposition as a proof of the sincere affection which I have always borne them equally, and as an attestation of the gratitude I have always entertained towards them for the affection which they have shown me under all circumstances.

“‘I assign to my nephew Agostino, heir as above, my house in Rome, situate near the Quirinal, bought from Conte Vimercati, with everything which is in the said house at the moment of writing this present will; so that, if at the moment of my death any objects of whatsoever kind be found there which are now in my apartment at the Vatican these I declare to belong to my brothers as above. I assign also to my aforesaid nephew the altar-furniture of my private chapel at the Vatican. I assign him also the collection of marbles, with the cabinets containing them, exactly as they are in my apartment at the Vatican.

“‘I declare, however, that in the aforesaid collection I do not mean to comprehend the rock crystals and other objects which are kept in three other separate cabinets, one of which contains medals, which I declare to belong to my brothers as above. I assign to my nephew, Paolo, son of my brother, Luigi, heir as above, all the property I possess in the territory of Ceccano and adjoining territories, with all that is to be found in it, nothing excluded, with the following conditions—that is, that my brother, Angelo, having had the patience to occupy himself always with the administration of my possessions in Ceccano and adjoining territories, I ordain that neither my said nephew nor any other person have any right or title whatsoever to take him to account for the aforesaid administration, he having always done everything with my full understanding and having always regularly transmitted to me all the rents of the aforesaid properties.

“‘I dispose, moreover, that all that shall exist at the time of my death of products or rents, as well natural as civil, from the said properties as above, for two seasons following the same, including that in which my death shall happen, shall be freely enjoyed by him as legatee, continuing to hold the administration as he did during my lifetime, exonerating him again from any rendering of account whatsoever. I dispose also that the heir shall not enter into possession of the aforesaid property until after two seasons as aforesaid after my death.

“‘I leave besides, as a legacy to my said brother, Angelo, the two large silver vases with bas-reliefs on their bowls which are to be found in my writing-room of my apartment in the Vatican, and I request my said brother to accept and preserve them as an attestation of my affection and a recognition of all the affectionate regards he has shown towards me during my life. And I also request of all my heirs that all the legacies of furniture, pictures, and other objects may be preserved and used in their respective families, avoiding under any circumstances that any portion of them be sold by public auction.

“‘Finally, I direct that all my said heirs shall amicably divide my heritage among themselves in the portions according as I have assigned them, making of them a simple familiar description for their own guidance. I also leave to all my servants for their natural lives; to those in my service at the time of my death, and who have served me for more than twenty-five years, the full monthly wages they received when I was alive; to those who have served me for more than fifteen years I leave two-thirds of their monthly wages; and to those who have served me for less than ten years, one-third of their monthly wages. In the enjoyment of this disposition, notwithstanding that it is unnecessary to declare it, I intend that the two ecclesiastics who form part of my household shall be comprised. I expressly prohibit that any of the aforesaid shall, for whatsoever reason, effect mortgages upon the property which constitutes my heritage or upon that of my heirs for the purpose of securing any assignments I have left them, and I declare that I have made the said assignments solely under the express condition that they do not affect any such mortgage; and if any or all of them should think fit to do so, then I declare that ipso facto they are excluded from the prescription of the said assignment, which is none other than a gratuitous liberality, and I give them instead one hundred scudi for once only.

“‘G. Cardinale Antonelli.

“‘Rome, 18th January, 1871.’

“The small envelope enclosed with the above bears on the outside the following inscription: ‘For my heirs.’ The contents, being taken out, consisted of a small sheet of paper written evenly in the same handwriting, on the first two pages throughout, and a part of the third, and at bottom the date—Rome, 18th of January, 1871, and the signature, ‘G. Card. Antonelli.’ There are neither erasures nor marginal notes, interlineations nor additions. The tenor of this little sheet is as follows:

“‘My heirs are to pay the following legacies:

“‘To my good sister Rosalia, married Sanguigni, 5000 francs.

“‘To my niece Anna Sanguigni, married to Count Pocci, 5000 francs.

“‘To my niece Lucia Antonelli, 5000 francs.

“‘To my niece Teresa Antonelli, 5000 francs.

“‘To my niece Innocenza, married Bornana, the bÉnitier with silver bas-relief representing the Nativity, which stands near my bed.

“‘To my nephew Agostino, the watch which stands on the little table, with the arms of the Holy Father, given me by His Holiness on occasion of the Centenary of St. Peter.

“‘To my nephew Domenico, the other pocket-watch, with my arms.

“‘To my nephew Paolo, the watch, with gold chain, which I wear every day, with my arms on one side and my cipher on the other.

“‘To my nephew Pietro, twelve silver couverts of those which I use daily.

“‘To my sister-in-law Mariana, one of my pair of great silver lamps, whichever she chooses. The other I leave to my sister-in-law Peppina.

“‘To my sister-in-law Mimma, I leave my triangular silver inkstand which stands upon my best writing-table, together with one of the two little boxes of Florentine mosaic which are in the same room.

“‘To my sister-in-law Vittoria, I leave the silver basin and vase of English work which are in the case. To my niece Emma, wife of Agostino, I leave all my lace. To her good mother, Contessa Garcia, I leave the little service of silver-gilt, consisting of tray, coffee-pot, cream-jug, sugar-bowl, and cups, with spoons, requesting her to accept them as a remembrance of one who is grateful to her for all the kindness she used towards him while he was in this world, and who prays her to make use of the said objects for her dÉjeÛner.

“‘G. Card. Antonelli.

“‘Rome, January 18th, 1871.’”

Then follow the attestation of the notary and the signatures of Cardinal Antonelli’s lawyer, of the PrÆtor, and of the witnesses, and the note of expenses of registration.

Will of Matthew Arnold

The estate of Matthew Arnold amounted to £1041. His will is in his own handwriting, and is one of the shortest that ever came under probate: “I leave everything of which I die possessed to my wife, Frances.”

Will of Jean Baptiste Robert Auger

Jean Baptiste Robert Auger, Baron de Montyon, was born in 1733 and died in 1820; he was a French economist and philanthropist, and a friend of Franklin. The Baron was a member of the King’s Government just before the Revolution. Although by birth and social position an aristocrat, all his heart was with the poor and suffering of the land.

In 1783 he founded several prizes, the chief one being a prize for the most remarkably virtuous act on the part of any poor French citizen. By his will he left a large sum of money for the purpose of “aiding virtue,” as he said. “The doers of the actions honored,” the will stipulated, “shall not be of a station above the middle classes of humanity.” The annual award of these prizes is made by the French Academy.

As years have passed, other rich philanthropists have added to the original sum, until to-day the income is sufficient to award every year a large number of prizes that are really of substantial aid to those who receive them.

For a number of years after the Government had received the bequest, it did not make any awards. During the Revolution the convention voted that it did not approve of awarding any such prizes; so the principal was allowed to accumulate. But during the reign of Napoleon it was turned over to the newly restored Academy as the most capable and impartial tribunal in the land, and the Academy, which is composed of forty foremost men of letters in France, has had charge of the constantly increasing fund ever since.

The award of prizes is made with much ceremony at a public meeting of the Academy on a certain fixed day every year. One of the most eloquent members of the Academy is chosen to tell in an “oration” to whom, and why, the prizes for that year have been awarded. If all these “orations” could be collected and published, they would make one of the most inspiring books ever written.

Part of each bequest is set aside to employ investigators to make thorough inquiries about each request for a reward. Such requests are never permitted to come from the person to be rewarded, nor from his family. Generally, the people in a small town or village send a joint petition to the Academy, requesting the reward for one of their members.

Among the recent rewards is the characteristic case of Laurentine Armenjon, a girl from the mountains of Savoy. She is eighth in a family of fifteen children. When nine years old, her youngest sister was carried away by gypsies, and from grief and distress over this, the mother lost her reason. Ever since, now ten years ago, Laurentine has had charge of the brothers and sisters, older as well as younger; and of the bedridden demented mother besides, while the father is away in the fields toiling for his scanty living.

A gift of one thousand francs was sent to one of the most remote islands of the South Pacific, to three nuns who are surely among the most heroic of living creatures. The Island of Mangareva, where they live, is a leper colony. It is not likely that one of these women will ever leave this lonely desolate spot, so far away from the land of their families and friends that news from home comes only once in six months. The nearest civilization lies forty days’ journey over the ocean. Many nuns have gone before these three to voluntary exile on this island, but they have all succumbed within a few years; one or two were driven insane by the very loneliness and desolation of the life. Though they knew this in advance, yet these three women from Brittany have consecrated the rest of their lives, be they long or short, to God’s service there.

No prize is ever granted for one act of heroism; but every award is made to a person who has devoted years of patient service to some good cause. Moreover, the awards are rather aids than prizes, granted in order to enable the person awarded to carry on some good work to even greater usefulness.

Will of Lord Bacon

Lord Bacon in 1625, bequeathed his soul and body to God, while his name and memory he left to men’s charitable speeches and to foreign nations and the next ages.

Will of the Duke of Brunswick

“To-day, the 5th of March, 1871, HÔtel de la Metropole, Geneva.

“This is our Will or Testament,—We, Charles Frederic Auguste William, by the Grace of God Duke Sovereign of Brunswick and of Luneburg, &c., being in good health of body and mind, declare—

“1. That we revoke by the present all testaments or writings prior to this one. 2. We wish that after our death our executors here named shall cause our body to be examined by five of the most celebrated physicians and surgeons in order to make sure that we have not been poisoned, and to make an exact report in writing, signed by them, of the cause of our death. 3. We wish that our body be embalmed, and if better for its preservation, petrified, according to the printed method adjoined. We wish our funeral to be conducted with all the ceremony and splendour due to our rank of Sovereign Duke. 4. We wish our body to be deposed in a mausoleum above the ground, which shall be erected by our executors at Geneva, in a dignified and prominent position. The monument shall be surmounted by an equestrian statue and surrounded by those of our father and grandfather of glorious memory, after the design attached to this testament in imitation of that of the Scaglieri at Verona; our executors shall construct the said monument ad libitum of the millions of our succession, in bronze and marble, by the most celebrated artists. 5. We make the condition that our testamentary executors shall not enter into any sort of compromise with our unnatural relations—Prince William of Brunswick, the ex-King of Hanover, his son, the Duke of Cambridge, or any one else of our pretended family, their servitors, their agents, or any other person whatever. 6. We wish our testamentary executors to use every means to put themselves in possession of our fortune remaining in our Duchy of Brunswick, in Hanover, in Prussia, in America, or elsewhere. 7. We make as a condition that our executors respect and execute all the codicils and legacies which we have the intention to make in favour of our surroundings. 8. We declare that we leave and bequeath our fortune—that is, our chateaux, domains, forests, estates, mines, saltworks, hotels, houses, parks, libraries, gardens, quarries, diamonds, jewels, silver, pictures, horses, carriages, porcelain, furniture, cash, bonds, public funds, bank-notes, and particularly that important part of our fortune which has been taken from us by force and kept since 1830, with all the interests in our Duchy of Brunswick, to the city of Geneva. 9. We leave to Mr. George Thomas Smith, of No. 228, King’s Road, Chelsea, in England, administrator-general, grand treasurer of our fortune, 1,000,000f., and we nominate him executor in chief of this testament. We likewise appoint M. Ferdininant Cherbuliez, advocate at Genoa. This testament is entirely written and signed by our hand, and sealed with our arms.

“Duke of Brunswick.”

Will of Lord Bulwer-Lytton

The will of the late Lord Bulwer-Lytton, who died in 1873, contained special directions as to the examination of his body, in order to provide against the possibility of his being buried whilst in a trance, which appeared to be an apprehension of his. The will further provided that the funeral expenses should be limited to what was usual, simply, in the interment of a private gentleman; and that any epitaph which might be intended for his tomb should be written in the English language.

Will of Edmund Burke

Edmund Burke is believed to have been born in Dublin on the 12th day of January, 1729; he died on the 8th day of July, 1797. His gifts of oratory impressed the people of his time, and have remained models ever since; he must ever be held in affectionate esteem by Americans, for his speeches on “American Taxation” and “Conciliation with America” are regarded as the most brilliant examples of his eloquence and statesmanship. Had his counsels been adopted, the War of Independence would have been averted. Burke left strict injunctions that his burial should be private, and in spite of a great demand for his interment in Westminster Abbey, he was laid to rest in the little church at Beaconsfield, a few miles from Windsor.

His will remains on file at Somerset House, London, and the testament is here given as it there literally appears:

“If my dear Son & friend had survived me, any Will would have been unnecessary but since it has pleased God to call him to himself before his Father, my duty calls upon me to make such a disposition of my worldly affairs as seems to my best Judgment most Equitable and reasonable; therefore, I, Edmund Burke, of the parish of Saint James, Westminster, though suffering under sore and inexpressible affliction being of sound and disposing Mind and not affected by any bodily infirmity, do make my last will and Testament, in manner following; First, according to the Ancient good and laudable Custom of which my Heart & understanding recognizes the propriety, I bequeath my soul to God, hoping for his Mercy thro’ the only Merits of our Lord and Saviour Jesus Christ; my Body I desire, if I should die in any place very convenient for its Transport thither (but not otherwise), to be buried in the Church at Beaconsfield near to the Bodies of my dearest Brother & my dearest Son, in all Humility praying that as we have lived in perfect Amity together we may together have a part in the Resurrection of the Just; I wish my Funeral to be (without any Punctiliousness in that respect) the same as that of my brother and to exceed it as little as possible in point of Charge, whether on Account of my Family or of any others who would go to a greater expence, & I desire in the same manner and with the same Qualifications that no Monument beyond a Middle sized Tablet with a small and simple inscription on the Church Wall or on the Flagstone be erected; I say this because I know the Partial kindness to me of some of my Friends, but I have had in my life time but too much of noise and compliment: as to the rest it is uncertain what I shall leave after the Discharge of my Debts which when I write this are very great. Be that as it may, my Will concerning my worldly substance is short. As my entirely beloved, Faithful & affectionate Wife did during the whole time in which I lived most happily with her take on her the charge & Management of my affairs, assisted by her son, whilst God was pleased to lend him to us, did conduct them (often in a state of much derangement and embarrassment) with a patience and prudence which probably have no example, & thereby left my Mind free to prosecute my publick duty or my Studies or to indulge in my relaxations or to cultivate my friends at my pleasure; so on my Death I wish things to continue as substantially they have always been. I therefore by this my last and only Will devise, leave & bequeath to my entirely beloved and incomparable Wife, Jane Mary Burke, the whole real Estate of which I shall die seized, whether Lands, Rents or Houses, in absolute Fee simple; as also all my Personal Estate, whether Stock, Furniture, Plate, Money or Securities for Money Annuities for lives or Years, be the said Estate of what nature, Quality, extent or description it may be, to her sole uncontrolled Possession & disposal, as her property in any manner which may seem proper to her to possess or to dispose of the same (whether it be real Estate or Personal Estate) by her last will or otherwise; it being my intention that she may have as clear and uncontrolled a right and Title thereto and therein as I possess myself as to the use, expenditure, Sale or devise. I hope these Words are sufficient to express the absolute and unconditioned, unlimited right of compleat Ownership. I mean to give to her the said Lands and Goods and I trust that no words of surplusage or ambiguity may vitiate this my clear intention; there are no persons who have a right or I believe a disposition to complain of this bequest which I have only weighed and made on a proper consideration of my Duties and the relations in which I stand. I also make my wife, Jane Mary Burke, aforesaid, my sole Executrix of this my last Will, knowing that she will receive advice and assistance from her and my excellent Friends D^r. Walker King & D^r. Lawrence, to whom I recommend her & her concerns, though that perhaps is needless, as they are as much attached to her as they are to me. I do it only to mark my special Confidence in their affection, Skill and Industry. I wish that my Dear Wife may, as soon after my Decease as Possible (which after what has happened she will see with Constancy and resignation), make her last will with the advice and assistance of the two persons I have named; but it is my wish also that she will not think herself so bound up by any bequests she may make in the said Will & which whilst she lives can be only intentions, as not during her life to use her property with all the Liberty I have given her over it, just as if she had written no Will at all but in everything to follow the directions of her own Equitable and Charitable Mind and her own prudent and measured understanding. Having thus committed every thing to her Discretion I recommend (subject always to that Discretion) that if I should not during my life give or secure to my Dear Niece, Mary C. Hairland, wife of my worthy Friend, Captⁿ Hairland, the sum of a thousand pound or an Annuity equivalent to it, that she would bestow upon her that Sum of Money or Annuity Conditioned and limited in such manner as she, my Wife aforesaid, may think proper by a Devise in her Will or otherwise, as she may find most convenient to the situation of her affairs without pressure upon her during her life; my Wife put me in Mind of this which I now recommend to her; I certainly some years ago gave my Niece reason to expect it but I was not able to execute my intentions. If I do this in my life time this recommendation goes for nothing. As to my other Friends, Relations, and Companions through Life, and especially to the Friends and Companions of my Son, who were the dearest of mine, I am not unmindful of what I owe them, if I do not name them all here and mark them with tokens of my Remembrance I hope they will not attribute it to unkindness or to a want of a due Sense of their Merits towards me. My old Friend and Faithful Companion, Will. Burke, knows his place in my heart. I do not mention him as Executor or Assistant. I know that he will attend to my Wife, but I chose the two I have mentioned as from their time of Life of greater activity. I recommend him to them. In the Political World I have made many connections and some of them amongst persons of high rank; their Friendship from political became personal to me and they have shewn it in a manner more than to satisfie the utmost demands that could be made from my love & sincere attachment to them. They are the worthiest people in the Kingdom; their intentions are excellent, and I wish them every kind of success. I bequeath my brother in law, John Nugent, & the friends in my poor Sons list, which is in his Mother’s hands, to their protection as to them & to the rest of my Companions who constantly Honoured and Cheered our House as our Inmates I have put down their names in a list that my Wife should send them the usual remembrance of little Mourning Rings as a token of my remembrance. In speaking of my Friends to whom I owe so many obligations I ought to name specially Lord Fitzwilliam, the Duke of Portland and the Lord Cavendishes with the D. of Devonshire the worthy head of that Family. If the intimacy which I have had with others has been broken off by a Political Difference on great Questions concerning the State of things existing and impending, I hope they will forgive whatever of general human Infirmity or of my own particular Infirmity has entered into that contention. I heartily entreat their forgiveness. I have nothing Further to say. Signed & Sealed as my last Will and Testament this 11^th. day of August, 1794 being written all with my own hand. Edm. Burke—in the presence of—Dupont—William—Webster—Walker & King.

“In reading over the above Will I have nothing to add or essentially to alter but one point may want to be perfected & explained. In leaving my Lands and Heredits to my wife I find that I have omitted the Words which in Deeds Create an Inheritance in Law. Now tho’ I think them hardly necessary in a Will yet to obviate all doubts I explain the matter in a Codicil which is annexed to this—(sic) 22 1797.—Edm. Burke.

“I Edm. Burke of the parish of Beaconsfield, in the county of Bucks, being of sound and disposing Judgment and Memory, make this my last will and testament, in no sort revoking but explaining & confirming a Will made by me and dated the eleventh of August, in which will I have left, Devised and Bequeathed all my estate of whatever nature and Quality the same may be, Whether lands, Tenements, Houses, Freehold or Leasehold, Interests, Pensions for lives or years, Arrears of the same, Legacies or other debts due to me; Plate, Household Stuff, Books, Stock in Cattle & Horses & utensils of Farming & all other my Goods and Chattels to my dear Wife I: M: Burke in as full & perfect manner as the same might be Devised, Conveyed or transferred to her by any Act or Instrument whatsoever; with such recommendations as in my Will aforesaid are made & with a wish that in the discharge of my Debts the course hitherto pursued may be as nearly as possible observed, Sensible however that in payment of Debt no exact rule can be preserved; the same is therefore left to her Discretion, with the advice of our Friends whom she will naturally Consult. The reason of my making this will or Codicil to my former Will is from my having omitted in devising by that Will my Lands and Heredits to my Wife aforesaid, the full and absolute Property thereof & therein I have omitted the legal Words of Inheritance. Now tho’ I think those words however necessary in a Deed are not so in a Will, yet to prevent all Question, I do hereby devise all my Lands Tenements and Heredits as well as all other property that may be subject to a strict Rule of Law in Deeds & which would pass if left undevised to my Heirs. I say I do devise the same Lands tenements and Hereditaments to my Wife, Jane Mary Burke, and her Heirs for ever in pure absolute and unconditional Fee simple. I have now only to recommend to the kindness of my Lord Chancellor L^d. Loughborough, to his Grace the Duke of Portland, to the most Honorable the Marquiss of Buckingham, to the R^t_. HoÑble W^m. Windham & to D^r. Lawrence of the Commons and Member of Parliament, that they will after my death continue their Protection and favour to the Emigrant School at Penn & will entreat, with a weight on which I dare not presume, the R^t. Hon. W^m. Pitt to continue the necessary allowances which he has so generously and charitably Provided for those unhappy Children of Meritorious Parents; that they will superintend the same, which I wish to be under the more Immediate care and direction of D^r. King and D^r. Lawrence, & that they will be pleased to exert their influence to place the said young Persons in some Military Corps or other Service as may best suit their dispositions & Capacities, Praying God to bless their endeavours. Signed and sealed as a Codicil to my Will or a Confirmation and Explanation thereof agreeably to the Note which some days ago I put to the end of it. This 29^th. January 1797. Edm: Burke, in the presence of—Walker King—Rich^d. Bourke—Ed: Nagle.”

Will of Queen Caroline

The will of Queen Caroline was drawn up by her directions on Sunday, the 5th day of August, 1821, within a few days of her death. It appears that on this same day she sent for the undertaker, by name Busch, to measure her for her coffin. Finding he did not come, she, a second time, ordered a servant to go for him, and then gave precise orders desiring it might be made of cedar-wood, and that it should bear this inscription:

CAROLINE OF BRUNSWICK,

Born 17th May, 1768,
Died 7th August, 1821.
Aged 54.
The outraged Queen of England.

This desire she again mentioned by a special codicil to her will.

As the remains of this princess were to be buried at Brunswick, on the arrival of the coffin at Colchester, it was deposited in the chapel for the night, with a guard of honor to watch it. During this time, it appears, the executors, and some others who formed the cortÈge in attendance—Lord Hood, Sir Robert Wilson, Count Vassali, Messrs. Lushington, Wilde, and others—managed to introduce themselves into the chapel by night, and caused the plate in question to be nailed on.

On the following morning, however, much to the discomfiture of these gentlemen, and notwithstanding their protestations, this was removed and was replaced by the following, drawn up by an heraldic council and approved by the Government:

“Depositum serenissimÆ principissÆ CarolinÆ AmeliÆ ElizabethÆ, Dei grati reginÆ consortis augustissimÆ, potentissimi monarchÆ Georgii quarti, Dei grati Britanniarum regis, fidei defensoris, regis HanovriÆ ac Brunsvici et Luneburgi ducis. Obiit vii. die mensis Augusti, Anno Domini mdcccxxi. Ætatis liv.”

And it so remains.

Will of Lord Chesterfield

One of the most prominent of those whose wills were proved in 1773 was the “great” Lord Chesterfield, the arbiter on all matters of politeness, whose famous “Advice to his Son” was so summarily criticised by Dr. Johnson. This “first gentleman in Europe” of his day, left the bulk of his property to his godson, Philip Stanhope, with a very unfashionable and unpalatable restriction: “The several devises and bequests hereinbefore and hereinafter given by me to and in favour of my said godson Philip Stanhope, shall be subject to the condition and restriction hereinafter mentioned; that is to say, that, in case my said godson Philip Stanhope shall at any time hereafter keep, or be concerned in the keeping of, any race-horse or race-horses, or pack or packs of hounds, or reside one night at Newmarket, that infamous seminary of iniquity and ill-manners during the course of the races there, or shall resort to the said races, or shall lose in any one day at any game or bet whatsoever the sum of £500, then, and in any of the cases aforesaid, it is my express Will, that he my said godson shall forfeit and pay out of my estate the sum of £5000 to and for the use of the Dean and Chapter of Westminster, for every such offence or misdemeanour as is above specified, to be recovered by action for debt in any of his Majesty’s Courts of Record at Westminster.”

Will of John Dryden

John Dryden, of Ashbye, Northampton, died in 1684. He left the following curious preamble to his will:

“I, John Dryden, of Ashbye, in the county of Northampton, gentleman, doe make and ordeyne my last will and testament in manner following: First, I bequeathe my soule to Almightie God my Creator, by the merits of whose son Jesus Christe, my Savior and Redeemer, I doe believe to be saved, the Holy Ghost assuring my spirit that I am the elect of God. My bodie to be buried in the church of Ashbye, and although I doe not allow of pompe in burialls, yet, for some reasonable considerations, I will that the stone I have allready prepared shall be layde upon my grave, and my arms and my wyve’s graven in brass thereupon. Notwithstanding, if God call mee far from Ashbye, then should it yet be thought necessary to my executors to bring me hither, I refer that to their discressions, and soe doe I the place of my buriall, whether in the place aforesaiyde or in the churchyard, or els in the church.”

Will of Edward IV

It is almost certain that Edward IV left a will, but it has never been discovered. The editors of the royal wills rationally conjecture that it was destroyed during the usurpation of his brother, Richard III, as it has never been found.

Will of Sir Charles Fellowes

Sir Charles Fellowes, the author and antiquarian, died in 1860. He left by his will Milton’s watch to the British Museum. His wife, who died in March, 1874, left her collection of watches (many of which had belonged to celebrities) to the same institution.

Will of Lord Edward Fitzgerald

The will of this unfortunate nobleman was made under very singular circumstances, after he was mortally wounded in the desperate struggle with Major Sirr, and while in confinement in Newgate, Dublin, where, whatever his political errors, he seems to have been treated with needless severity.

“Even for the purpose of drawing up his will, which he wrote on the 26th May, 1798,” says Moore, “no person at all connected with his own family was allowed to have access to him, and Mr. John Leeson, who executed the instrument, sat in a carriage at the door of the prison, while Mr. Stewart, the government surgeon, communicated between him and the prisoner during the transaction.”

“I, Lord Edward Fitzgerald, do make this as my last will and testament, hereby revoking all others; that is to say, I leave all estates, of whatever sort I may die possessed of, to my wife, Lady (Pamela) Fitzgerald, as a mark of my esteem, love, and confidence in her, for and during her natural life, and on her death to descend, share and share alike, to my children, or the survivors of them; she maintaining and educating the children according to her discretion; and I constitute her the executrix of this my last will and testament.

“Signed, sealed, and delivered, May the 26, 1798.

“In presence of ... Alexander Lindsay.
“George Stewart.
“Samuel Stone.”

Will of Garrick

David Garrick, who was born at Hereford in 1716, was originally intended for business, and consequently was sent to an uncle settled at Lisbon as a merchant, but showing no aptitude for this calling nor yet for the law, to which he applied himself subsequently, he plunged into the life of a comedian, and first appeared at Ipswich in 1741. In October of the same year, however, he came out in London, and obtained great success at one of the small theaters in the character of Richard III. In 1742 he went to Dublin, where he was enthusiastically received, and thence returned to London, where his fame and fortune were shortly made. At length, in 1747, he was able to purchase Drury Lane Theatre, obtained a renewal of its privileges, and retained the management for nearly twenty years; for on the 10th of June, 1776, he took leave of the public, and retired after obtaining £2200 for what had originally cost him £320. His withdrawal from the stage was universally and profoundly deplored; he only survived his retirement three years, but he died full of honors and possessed of considerable wealth. His death took place in London on Wednesday, 20th of January, 1779.

The stir made by his funeral was surprising, but scarcely greater than that produced in Paris a century later, at the interment of DÉjazet: the procession was formed by seventy mourning-coaches, twenty-four of which were filled by the Élite of English society. Arrived at Westminster Abbey, the corpse was met by the Chapter; the Bishop of Rochester officiated, and the remains of Garrick were interred close to the monument of Shakespeare.

There is nothing remarkable in his will, which disposes of his fortune in a spirit of fairness, liberality, and benevolence. It was made the year previous to his death:

“I, David Garrick, at this present occupying my house in the Adelphi, do deposit in the hands of Lord Camden, of the Right Hon. Richard Rigby, of John Patterson, and of Albany Wallis, Esquires, my house at Hampton-on-the-Thames, in the county of Middlesex, with the two islands dependent thereon, the temple and the statue of Shakespeare, my house in the Adelphi, with the furniture and pictures contained in the two said houses, to be delivered up to Eva Maria Garrick, my wife, in order that she may enjoy the same during her natural life, and that she may reside there.

“I give and bequeath to my said wife all my linen, plate, china, horses, carriages, and wine that may be contained in my cellars in both my houses.

“I give her furthermore £1000, payable immediately after my decease, and £5000 payable a year after.

“I give and bequeath to my said wife £1500 per annum during the term of her natural life, and as long as she shall reside in either of my before-mentioned houses, and £1000 should she quit England and settle whether in Scotland or Ireland.

“I give and bequeath to my nephew, David Garrick, the dwelling-house, farms, garden, and tenements and lands situated at Hampton, save and except that bequeathed to my wife.

“I deposit in the hands of my said executors the freehold of Hendon, with my right and patronage over the church of the said freehold, with directions to sell it, and to employ the produce according to my hereinafter-mentioned desires.

“I give, after the decease of my wife, the statue of Shakespeare and my collection of old plays to the British Museum.

“I give to my nephew, Carrington Garrick, the rest of my library, with the exception of books to the value of £100 in favour of my wife and at her choice.

“I give to the institution established for the relief of impoverished actors, the houses I bought along with Drury Lane Theatre.

“I give to my brother, George Garrick, £10,000; to my brother Peter, £3000; to my nephew Carrington Garrick, £6000; to my nephew David Garrick, besides the dowry I agreed to pay him on the day of his marriage, the sum of £5000.

“I deposit in the hands of my executors the sum of £6000 in favour of my niece Arabella Shaw, wife of Captain Shaw.

“I give to my niece, Catherine Garrick, the sum of £6000, to be paid to her on the day on which she shall marry or attain her majority.

“I give to my sister, Mercia Doxey, the sum of £5000; and to the niece of my wife actually residing with us at Hampton, the sum of £1000.

“Should the above-named legacies exceed the fund assigned to their payment, each legatee shall submit to a reduction in his legacy, proportioned to its amount, until the death of my wife; after that event, and on the sale of Hampton, the sums thus withheld shall be made up out of the amount produced by that sale.

“Should there, on the other hand, be more than sufficient to cover these legacies, I will that such surplus be divided in equal portions among my nearest relations according to the order observed with those who die intestate.

“In pursuance of this my last will, I name the within-mentioned my executors, and in token thereof I here sign and seal this document with my arms this 24th day of September, 1778.

“(Signed) David Garrick.

“Sic transit gloria mundi.”

By this testament it appears that David Garrick, the portionless son of a half-pay captain, had earned by his own unaided talents a fortune amounting in money to nearly £50,000, besides his superb estate at Hampton, with its islands, farms, orchards, and appurtenances; his property at Hendon; his houses in London; the theatre at Drury Lane; his costly furniture, valuable plate, china, wines, library, statues, pictures, and other works of art, horses, carriages, etc.

When we compare this splendid fortune with that of Shakespeare, who could only leave to his wife his “second best bed, with the furniture,” we are tempted to wonder why the fickle goddess should have so much more highly favored him who exhibited the fruits of genius than him who produced them.

Will of Lord Hailes

Lord Hailes (Sir David Dalrymple), a Lord of Session, appointed in 1766, died in 1792, apparently without a will. Great search was made, no testamentary paper could be discovered, the heir-at-law was about to take possession of his estates, to the exclusion of his daughter and only child, and Miss Dalrymple prepared to retire from New Hailes, and from the mansion-house in New Street. Some of her domestics, however, were sent to lock up the house in New Street, and, in closing the window-shutters, there dropped out upon the floor, from behind a panel, Lord Hailes’ will, which was found to secure her in the possession of his estates.

Will of Thomas Hood, the Poet

“Devonshire Lodge, New Finchley Road,
“St. John’s Wood, February 7th, 1845.

“It is my last Will and desire that ‘Nash’s Hall’s’ be given, in my name, to my dear William and Georgiana Elliot, in recognition of their brotherly and sisterly affection and kindness.

“My ‘Knight’s Shakspeare’s,’ for a like reason, to dear Robert Elliot.

“‘Chaucer or Froissart,’ as he may prefer, to F. Reseigh Ward, Harvey, Phillips, and Hardman, to select a book apiece for remembrance.

“‘Nimrod’s Sporting’ to Philip de Franck.

“All else that I possess, I give and bequeath to my dear wife, to be used for her benefit and that of our dear children, whom God bless, guide and preserve.

“With my farewell love and blessing,
“To all friends,
“Thomas Hood.”

Will of Lord Howden

Hamilton v. Dellas.—Before Vice-Chancellor Sir James Bacon.—The loss, vexation, and complexity so frequently occasioned by intestacy, was in a partial measure manifested by the lapse in the will of the late Lord Howden, and serves in good stead to show how guarded persons should be to see, not only that they leave a properly prepared and executed will, but likewise that no lapse is left unsupplied. In the case of Lord Howden, although the lapse was only trifling, considering the vast wealth of his lordship, yet it was represented by a considerable amount. The case is a very curious one, as Lord Howden held a very high status in England, being a peer of the realm, and had taken the oath and his seat in the House of Lords; he was also a G.C.B., lieutenant-general in the army, and Deputy-Lieutenant for the County of York. Notwithstanding all these ties, in 1850 he sold his estate at Grimston Park, in Yorkshire, and all his real estate in England, and went to Spain as Minister Plenipotentiary, in which position he continued till 1857, when he went to France, and resided on an estate near Bayonne, which he acquired about that time, and where he built a chÂteau called “Casa Caradoc,” in which he generally resided up to the date of his death. In 1863 he visited Scotland, and then wrote a letter declining to come to England, and expressing his intention of never doing so again; he likewise, in certain legal proceedings taken in England, claimed to be domiciled in France, sine animo revertendi. Lord Howden had made separate wills relating to his personal property in England and in France, and the confusion arose respecting one-fourth of that in England, the person to whom it had been bequeathed having died during his lordship’s lifetime. The question was to whom this undisposed of personalty should belong, as by English law the whole of it would pass to Lady Rose Meade, as his lordship’s nearest relation and sole next-of-kin, while, according to French law, a moiety only would pass to Lady Rose Meade, who was his lordship’s nearest relation on the father’s side, and the other moiety amongst his lordship’s nearest relations on the mother’s side. The case therefore rested on the point, whether Lord Howden’s domicile was English or French at the time of his death, and the Vice-Chancellor said that, in the absence of authority, he should be sorry at this time of day to decide that a peer could not take up his permanent residence abroad. There was nothing to prevent any one, be he peer or peasant, from leaving the country to reside abroad. He then distinguished the cases of persons actually officers in the army, and the cases known of an Anglo-Indian domicile. On the facts, he said, it was clear that Lord Howden had acted so as to acquire a French domicile. There was only the question of the article in the Code Napoleon, which clearly only related to the acquisition of civil rights, and not the question of domicile at all. He therefore declared the domicile of Lord Howden to have been French.

Will of Dr. Samuel Johnson

Dr. Samuel Johnson is one of the foremost figures in English literature; his will, copied by Boswell, is an interesting document:

“In the name of God, Amen! I, Samuel Johnson, being in full possession of my faculties, but fearing this night may put an end to my life, do ordain this my last will and testament.”

This will was written the 8 day of December, 1784. Sir John Hawkins and the distinguished painter, Sir Joshua Reynolds, were executors. A codicil written on December 9, 1784, is several times the length of the will written the day before. Both in the will and in the codicil, Francis Barber, a negro man-servant, is made the chief beneficiary. It is said that the amount received by Barber under this will, exclusive of an annuity on the sum of $3750, was about ten thousand dollars. A copy of his great French dictionary, as well as a copy of his own dictionary, were given to Sir Joshua Reynolds. A striking provision in Johnson’s will, is the following clause:

The celebrated letter written by Dr. Johnson to Lord Chesterfield, from a point of combined politeness, satire, and irony, has probably never been surpassed, and was doubtless a just resentment of the treatment he had received from his patron. The date of this letter is given by Boswell and other authorities, as February 7, 1775; the true date is 1755, for it was in that year that his Dictionary was completed. A brief history of this letter is as follows:

Boswell in his “Life of Johnson,” says the story was current that the great philosopher was kept waiting in Lord Chesterfield’s antechamber upon the occasion of a visit to him; that Dr. Johnson was violently provoked when the door finally opened, and out walked Colley Cibber, an English actor and dramatist. Johnson himself, however, told Boswell that there was no truth in this story, but that during his years of struggle, Lord Chesterfield had studiously neglected him. When the Dictionary was on the eve of publication, Lord Chesterfield attempted, in a courtly manner, to conciliate Dr. Johnson by writing two articles in The World, a leading London paper, in commendation of the work; the courtly device failed of its effect.

Johnson said to Boswell, “Sir, after making great professions, he had, for many years, taken no notice of me; but when my Dictionary was coming out, he fell a scribbling in The World about it. Upon which I wrote him a letter expressed in civil terms, but such as might show him that I did not mind what he said or wrote, and that I had done with him.” And, he added, “This man, I thought had been a lord among wits, but I find, he is only a wit among lords.” The letter follows:

Will of Mr. George Henry Lewes

The will, dated November 21, 1859, of Mr. George Henry Lewes, the celebrated author, formerly of Holly Lodge, South Fields, Wandsworth, but late of The Priory, North Bank, Regent’s Park, who died on November 20, 1879, was proved by Mary Ann Evans, the sole executrix, the personal estate being sworn under £2000. The testator gives to his three sons, Charles Lee, Thornton Amott, and Herbert Arthur, all his copyright and interest of every description in all his literary and dramatic works, and the residue of his real and personal estate to his executrix.

Will of Maria Cristina, Queen Dowager of Spain

The will (dated 1874), with a codicil (dated 1875), both made in Paris, of her Majesty the Queen DoÑa Maria Cristina de Borbon y Borbon, who died on August 22, 1879, in France, was proved in London. The personal estate in England is sworn under £6000. The testatrix directs that 5000 recited masses shall be performed for her soul, 5000 for the soul of her late husband, 1000 for the souls of her deceased children, and 500 for the souls of her deceased grandchildren, to be performed by poor priests in churches to be selected by her executors, the alms for each mass to be ten reals. She bequeaths money to the needy poor and sick of several towns. Special directions are given as to her numerous papers; they are divided into four classes, viz. her business papers, political papers, confidential papers, and intimate private papers; her secretary, Don Antonio Maria Rubio, is charged with the arranging of them, and he is to deliver the papers of the first three categories, sealed up, to her son, Don Fernando, and the papers of the last-named category to her daughter, DoÑa Maria Cristina, also sealed up; they are not to be opened until the expiration of forty years from her decease, and the testatrix states that she so orders not for her own sake or from any want of confidence in her children, but with views of delicacy towards the many persons she has had political relationship with during her long and checkered career. If upon examination any papers are found among her own property belonging to her first husband, or the Government of Spain, they are to be delivered to her august daughter, the Queen Isabella, for eventual transmission to the successor of her first husband in the crown of Spain, “say her grandson King Alfonso.”

Will of Michael Eyquem de Montaigne

Montaigne, the celebrated essayist and philosopher, is stated to have got over any difficulties in the way of carrying out his testamentary intentions by the happy expedient of calling all the persons named in his will around his deathbed, and counting out to them severally the bequests he had made them. Any doubtful testator might usefully follow Montaigne’s example, but there is always the risk of the donor getting better, and finding himself penniless. A small farmer in Suffolk, England, being very ill, was advised by his affectionate relatives to distribute his money, and thus save legacy duty. He did so, but got well again; he did not, however, recover the amount he had distributed, and the poor old farmer had to seek relief from the parish.

Will of Napoleon

In Scott’s “Life of Napoleon Buonaparte,” published in 1828, is a complete copy of this celebrated document, the first division of which is as follows:

“Napoleon.

“This 15th April, 1821, at Longwood, Island of St. Helena. This is my Testament, or act of my last Will.

I

“1. I die in the apostolical Roman religion, in the bosom of which I was born, more than fifty years since.

“2. It is my wish that my ashes may repose on the banks of the Seine, in the midst of the French people, whom I have loved so well.

“3. I have always had reason to be pleased with my dearest wife, Marie Louise. I retain for her to my last moment, the most tender sentiments—I beseech her to watch, in order to preserve my son from the snares which yet environ his infancy.

“4. I recommend to my son, never to forget that he was born a French prince, and never to allow himself to become an instrument in the hands of the triumvirs who oppress the nations of Europe; he ought never to fight against France, or to injure her in any manner; he ought to adopt my motto—‘Everything for the French people.’

“5. I die prematurely, assassinated by the English oligarchy.... The English nation will not be slow in avenging me.

“6. The two unfortunate results of the invasions of France when she had still so many resources, are to be attributed to the treason of Marmont, Augerau, Talleyrand and La Fayette.

“I forgive them—may the posterity of France forgive them like me!

“7. I thank my good and most excellent mother, the Cardinal, my brothers Joseph, Lucien, Jerome, Pauline, Caroline, Julie, Hortense, Catarine, EugÉnie, for the interest which they have continued to feel for me. I pardon Louis for the libel which he published in 1820; it is replete with false assertions and falsified documents.

“8. I disavow the ‘Manuscript of St. Helena,’ and other works, under the title of Maxims, Sayings, &c., which persons have been pleased to publish for the last six years. These are not the rules which have guided my life. I caused the Duc d’Enghien to be arrested and tried, because that step was essential to the safety, interest, and honor of the French people, when the Count d’Artois was maintaining, by his confession, sixty assassins at Paris. Under similar circumstances, I would act in the same way.”

In the second division of the will are thirty-five bequests to Buonaparte’s generals and others who had been associated with him the whole amounting to five million six hundred thousand francs. He says, “These sums will be raised from the six millions which I deposited on leaving Paris in 1815; and from the interest, at the rate of five per cent, since July, 1815.” He further directs that the excess of five million six hundred thousand francs shall be distributed as a gratuity amongst the wounded at the battle of Waterloo, and others of his soldiers; the amounts to be paid, in case of death, to the widows and children of the legatees.

In the third division, he speaks of his “private domain of which no French law can deprive me.” This “private domain,” he estimates to exceed 200,000,000 of francs. This amount, together with his plate, jewels and other property, he bequeaths, one-half to the surviving officers and soldiers of the French army who had fought for the glory and independence of the nation; the distribution to be made in proportion to their appointments in active service. He appoints Counts Montholon, Bertrand and Marchand the executors of his will.

The instrument concludes: “This present will, wholly written with my own hand, is signed, and sealed with my own arms.”

Affixed to this will is a codicil consisting of many parts and numerous items, such as would well befit the great Emperor to possess. The minutest detail is shown in an itemized statement of these articles. Among others, might be mentioned, medals, watches, gold ornaments, spurs, libraries, cravats, daggers, and hundreds of other articles. He directed Marchand to preserve his hair, from which bracelets were to be made, to be sent to the Empress Marie Louise, to his mother, brothers, sisters, nephews, nieces, to the Cardinal, and one of larger size to his son. In this codicil he again expresses the wish that his ashes should repose on the banks of the Seine in the midst of the French people whom he loved so well.

In the fourth codicil, Napoleon gives ten thousand francs to the subaltern officer Cantillon, who had undergone a trial on the charge of having endeavored to assassinate the Duke of Wellington, of which he was pronounced innocent. Napoleon writes, “Cantillon had as much right to assassinate that oligarchist, as the latter had to send me to perish upon the rock of St. Helena.”

In the fifth codicil to the will is a reference to Empress Marie Louise, “my very dear and well beloved spouse.” He adds, “This is my codicil, or act of my last will, the execution of which I recommend to my dearest wife, the Empress Marie Louise.”

There are seven codicils to this will, all written at Longwood, by his own hand, the last being dated the 25th day of April, 1821. Ten days after writing this codicil, he died, May 5, 1821.

Napoleon’s deep affection for his son, FranÇois Charles, is evidenced throughout the will by numerous bequests, comprising the greater part of his personal belongings and articles that he most prized.

He also evinced great solicitude for his generals and those who were with him in his many campaigns, which is manifested by the gifts to them, not only in his will, but in several of the codicils thereto.

The instrument, though of the very greatest interest, is too lengthy to be fully set out. The reader is referred to Scott’s “Life of Napoleon Buonaparte” for the details of this famous will. The death of the Duke of Reichstadt, July 22, 1832, only son of the first Napoleon, left Louis Napoleon the representative of his family. He was elected President of France in 1848 and promised to restore its glories. It is said that many of the legacies mentioned in his uncle’s will were paid by him.

Will of Lord Nelson

The battle of Trafalgar was fought October 21, 1805. At daylight Nelson hoisted the signal, “England expects every man to do his duty,” and gave the order to close in and the game of death began. Each side had made a move. Nelson retired to his cabin and wrote the following codicil to his will:

“October 21st, 1805.—In sight of the combined fleets of France and Spain, distance about ten miles. Whereas the eminent services of Emma Hamilton, widow of the Right Honourable Sir William Hamilton, have been of the very greatest service to my king and country, to my knowledge, without ever receiving any reward from either our king or country. First: That she obtained the King of Spain’s letter, in 1796, to his brother, the King of Naples, acquainting him of his intention to declare war against England: from which letter the ministry sent out orders to the then Sir John Jervis to strike a stroke, if the opportunity offered, against either the arsenals of Spain or her fleets. That neither of these was done is not the fault of Lady Hamilton: the opportunity might have been offered.

“Secondly: The British fleet under my command could never have returned the second time in Egypt, had not Lady Hamilton’s influence with the Queen of Naples caused a letter to be written to the Governor of Syracuse, that he was to encourage the fleet being supplied with everything, should they put into any port in Sicily. We put into Syracuse, and received every supply; went to Egypt and destroyed the French fleet. Could I have rewarded these services, I would not now call upon my country; but as that has not been in my power, I leave Emma, Lady Hamilton, therefore, a legacy to my king and country, that they will give her an ample provision to maintain her rank in life.

“I also leave to the beneficence of my country my daughter, Horatia Nelson Thompson; and I desire she will use in future the name of Nelson only.

“These are the only favours I ask of my king and country, at this moment when I am going to fight their battle. May God bless my king, and country, and all those I hold dear!

“Nelson.

Shortly after, while his ship, the Victory, was grappled with the Redoubtable and chained fast to her, Nelson was struck by a musket ball fired from the yards of the Redoubtable. He called for his trusted captain, Hardy, and said: “They have done for me now, Hardy—my back is broken.” And soon after, he died; but not before adding, “I would like to live one hour, just to know that my plans were right—we must capture or destroy twenty of them.”

There is a splendid monument to Nelson in Trafalgar Square, London, but the English did not respect his wishes with reference to Lady Hamilton. As a matter of fact, she was arrested on a charge of debt and imprisoned, and practically driven out of England, although the sisters of Lord Nelson believed in her and respected her to the last. She died in France in 1813. The daughter, Horatia Nelson, lived until 1881. She was a strong and excellent woman; she married the Reverend Philip Ward, of Teventer, Kent, and raised a family of nine children. One of her sons moved to America and made his mark upon the stage and also in letters.

Will of Florence Nightingale

“Rich in honors,” says the New York World, Florence Nightingale died “leaving the world, which had paid tribute to her as it has to few women, her debtor.” She was known by the various names of “The Lady-in-Chief,” “The Lady with the Lamp,” “The Lady of the Crimea,” in reference to the service she rendered Great Britain and the world on the battle-fields of the Crimean War.

Longfellow wrote of her:

The lamp referred to is the nurse’s lamp with which she used to make her nocturnal rounds of the hospitals when all was silent.

She was born in Florence, Italy, May 12, 1820, of wealthy, English parents, and died at her home in England, August 14, 1910. She was given the name of the place of her birth.

Her will, recently taken from the Records of Somerset House, London, is in the following words:

Then follows the attestation clause. There are three codicils to this unusual will; the first making slight changes in legacies, but of no particular interest to the general reader.

There are two items in the second codicil worthy of reproduction and they are here given:

“4. I revoke the paragraph numbered 6 of my said will and bequeath the letters, papers, manuscripts and books which I thereby requested might be destroyed and the majority of which I believe should be destroyed, to my said cousin, Henry Bonham Carter.

“5. I bequeath to Elizabeth Mary Wiggins the sum of twenty pounds and my cats; and to my maid Ellen Kate Tugby, if she shall be in my service at the time of my death, my parrot and the sum of two hundred and five pounds with my best thanks for her loving service; and to my messenger, William Magee, if he shall be in my service at the time of my death, the sum of forty five pounds with my best thanks for his faithful service.”

The third and last codicil contains nothing which is of special importance.

Will of Philip, Fifth Earl of Pembroke

Those who possess leisure and patience for the research might find in the pigeon holes of will offices some remarkable evidences of human malignity.

Among the most capricious, perhaps, is the specimen we subjoin, penned by an Earl of Pembroke, who lived during the political turmoils of the seventeenth century; it testifies to a shrewd knowledge of character, and is expressed with a considerable amount of dry humor which considerably softens its severity.

The copy from which this is taken bears the signature of the then keeper of these records—Nathaniel Brind—beneath the words “Concordat cum originali.”

“I, Philip, V Earl of Pembroke and Montgomery, being, as I am assured, of unsound health, but of sound memory—as I well remember me that five years ago I did give my vote for the despatching of old Canterbury, neither have I forgotten that I did see my King upon the scaffold—yet as it is said that Death doth even now pursue me, and, moreover, as it is yet further said that it is my practice to yield under coercion, I do now make my last will and testament.

“Imprimis: As for my soul, I do confess I have often heard men speak of the soul, but what may be these same souls, or what their destination, God knoweth; for myself, I know not. Men have likewise talked to me of another world, which I have never visited, nor do I even know an inch of the ground that leadeth thereto. When the King was reigning, I did make my son wear a surplice, being desirous that he should become a Bishop, and for myself I did follow the religion of my master: then came the Scotch, who made me a Presbyterian, but since the time of Cromwell, I have become an Independent. These are, methinks, the three principal religions of the kingdom—if any one of the three can save a soul, to that I claim to belong: if, therefore, my executors can find my soul, I desire they will return it to Him who gave it to me.

“Item: I give my body, for it is plain I cannot keep it; as you see, the chirurgeons are tearing it in pieces. Bury me, therefore; I hold lands and churches enough for that. Above all, put not my body beneath the church-porch, for I am, after all, a man of birth, and I would not that I should be interred there, where Colonel Pride was born.

“Item: I will have no monument, for then I must needs have an epitaph, and verses over my carcase: during my life I have had enough of these.

“Item: I desire that my dogs may be shared among all the members of the Council of State. With regard to them, I have been all things to all men; sometimes went I with the Peers, sometimes with the Commons. I hope, therefore, they will not suffer my poor curs to want.

“Item: I give my two best saddle-horses to the Earl of Denbigh whose legs, methinks, must soon begin to fail him. As regardeth my other horses, I bequeath them to Lord Fairfax, that when Cromwell and his council take away his commission he may still have some horse to command.

“Item: I give all my wild beasts to the Earl of Salisbury, being very sure he will preserve them, seeing that he refused the King a doe out of his park.

“Item: I bequeath my chaplains to the Earl of Stanford, seeing he has never had one in his employ; having never known any other than his son, My Lord Grey, who, being at the same time spiritual and carnal, will engender more than one monster.

“Item: I give nothing to my Lord Saye, and I do make him this legacy willingly, because I know that he will faithfully distribute it unto the poor.

“Item: Seeing that I did menace a certain Henry Mildmay, but did not thrash him, I do leave the sum of fifty pounds sterling to the lacquey that shall pay unto him my debt.

“Item: I bequeath to Thomas May, whose nose I did break at a mascarade, five shillings. My intention had been to give him more; but all who shall have seen his ‘History of the Parliament’ will consider that even this sum is too large.

“Item: I should have given to the author of the libel on women, entitled ‘News of the Exchange,’ three pence to invent a yet more scurrilous mode of maligning; but, seeing that he insulteth and slandereth I know not how many honest persons, I commit the office of paying him to the same lacquey who undertaketh the arrears of Henry Mildmay; he will teach him to distinguish between honourable women and disreputable.

“Item: I give to the Lieutenant-General Cromwell one of my words, the which he must want, seeing that he hath never kept any of his own.

“Item: I give to the wealthy citizens of London, and likewise to the Presbyterians and the nobility, notice to look to their skins; for, by the order of the State, the garrison of Whitehall hath provided itself with poniards, and useth dark lanterns in the place of candles.

“Item: I give up the ghost.”

Will of William Penn

William Penn died in 1718. His will, which follows, and the comments concerning it, are copied from an excellent little booklet issued by the Chelten Trust Company of Germantown, Pennsylvania:

“I William Penn Esqr so called Cheife proprietor & Govenour of the Pennsilvania and the Territoryes thereunto belonging, being of sound mind and understanding, for which I bless God, doe make and declare this my last Will and Testament.

“My Eldest Son being well provided for by a Settlement of his Mothers and my ffathers Estate I give and devise the Rest of my Estate in manner following

“The Government of my Province of Pennsilvania and Territories thereunto belonging and all powers relateing thereunto I give and devise to the most Hono’ble the Earle of Oxford and Earl Mortimer, and to William Earle Powelett, so called, and their Heires, upon trust to dispose thereof to the Queen or any other Person to the best advantage they can to be applyed in such a manner as I shall herein after direct.

“I give and devise to my dear Wife Hannah Penn and her ffather Thomas Callowhill and to my good ffriends Margarett Lowther my dear Sister, and to Gilbert Heathcote Physitian, Samuel Waldenfield, John ffield, Henry Gouldney, all liveing in England, and to my friends Samuel Carpenter, Richard Hill, Isaac Norris, Samuel Preston, and James Logan, liveing in or near Pensilvania and their heires all my lands Tenements and Hereditamts whatsoever rents and other profitts scituate lyeing and being in Pensilvania and the Territores thereunto belonging, or else where in America, upon Trust that they shall sell and dispose of so much thereof as shall be sufficient to pay all my just debts, and from and after paymt thereof shall convey unto each of the three Children of my son Willm Penn, Gulielma-Maria, Springett, and William respectively and to their respective heires 10,000 acres of land in some proper and beneficiall places to be sett out by my Trustees aforesaid. All the rest of my lands and Hereditamts whatsoever, scituate lyeing and being in America, I will that my said Trustees shall convey to and amongst Children which I have by my present Wife, in such proporcon and for such estates as my said Wife shall think fit, but before such Conveyance shall be made to my Children I will that my said Trustees shall convey to my daughter Aubrey whom I omitted to name before 10,000 acres of my said Lands in such places as my said Trustees shall think fitt.

“All my P’sonall estate in Pennsilvania and elsewhere and arreares of rent due there I give to my said dear Wife, whom I make my sole Executrix for the equall benefitt of her and her Children.

“In Testimony whereof I have sett my hand and seal to this my Will, which I declare to be my last Will, revoking all others formerly made by me.

“Signed Sealed and Published by the Testator William Penn in the presence of us who sett our names as Witnesses thereof in the P’sence of the said Testator after the Interlineacon of the Words above Vizt whom I make my sole Executrix.

William Penn.

(Five Witnesses)

“This Will I made when ill of a feavour at London with a Clear understanding of what I did then, but because of some unworthy Expressions belying Gods goodness to me as if I knew not what I did, doe now that I am recovered through Gods goodness hereby declare that it is my last Will and Testament at Ruscomb, in Berkshire, this 27th of the 5th Month, called May, 1712.

“Wm. Penn.

(Seven Witnesses)
“Postcript in my own hand

“As a further Testimony of my love to my dear Wife I of my own mind give unto her out of the rents of America vizt Pennsilvania 300 pounds a year for her naturall life and for her care and charge over my Children in their Education of which she knows my mind as also that I desire they may settle at least in good part in America where I leave them so good an Interest to be for their Inheritance from Generacon to Generacon which the Lord p’serve and prosper. Amen.

Wm. Penn.”

COMMENTS ON THE WILL

This will, of interest to all Americans, has been quoted, not as showing how to prepare a will, but how not to do it.

James Logan, man of affairs, Secretary of the Province and the business representative of the Penn family in Pennsylvania, was dismayed when a copy was placed in his hands. He wrote to Hannah Penn, the widow, November 4, 1718:

“The sloop ‘Dolphin’ arrived from London, bringing us divers letters and among ye rest one from Jno Page to me with a copy of our late Proprietor’s will wch gives me some uneasiness as being Drawn in hast I believe by himself only, when such a settlement required a hand better acquainted with affairs of that Nature.

“The Estate in these parts is vested in so many without impowering any P’ticular or a suitable number to grant and Convey, that I fear we shall be puzzled. I hope that you will take advice there what methods must be pursued in ye Case.”

James Logan, with his clear mind, saw at once the difficulties which would surround the execution of such a will, and regretted that Penn had not employed some competent person to draw up this important document for him. Such a will, disposing of so many and varied interests, as Logan quaintly expressed it, “required a hand better acquainted with affairs of that Nature.”

Logan’s criticism and fears were well grounded as the litigation over the Founder’s will extended over a period of nine years.

The life of Penn reveals him as gifted with extraordinary wisdom, prudence, and forethought. In the ordinary as well as the trying and unusual crises of his eventful life, these qualities stood him in good stead, but when he came to draw up his own will they failed him, as they have failed so many men who have tried in vain to draw a valid will.

It is a wise provision of the religious society of which Penn was one of the founders, by which it annually recommends to its members:

“Friends are earnestly advised to inspect the state of their outward affairs at least once in a year and to consider carefully, whilst in health, the just disposition of their estates by will or otherwise.”

Will of Samuel Pepys

Samuel Pepys was an interesting figure in England in the latter part of the seventeenth century. We know him chiefly as the well-known diarist, though he did work of high order in connection with the British navy. He died on May 26, 1703. Of his diary, the London AthenÆum has said: “It is the best book of its kind in the English language.”

By his will, he left to Magdalene College, Cambridge, the Pepysian Library of some three thousand volumes. This collection is kept in a separate building, and contains manuscript of his celebrated diary, together with many rare and curious documents, including the love letters of Henry VIII to Anne Boleyn, a collection of Scottish poetry and ancient English ballads. The diary, which was deciphered from the author’s shorthand notes, is yet a popular book and is of standard importance to English literature, reflecting, as it does, the court, times, characters, and peculiarities of the age of Charles II.

Will of Cecil John Rhodes

Cecil John Rhodes, of Cape Town, South Africa, who died in 1902, was a South African statesman and financier; an affection of the lungs necessitated his leaving England when a young man, and he acquired fame and wealth in the home of his adoption. Rhodes’s mode of life was the subject of diverse criticism; he was regarded as a man actuated by selfish motives, and preËminently, a man of money, but by his will, he left nearly his entire fortune to educational purposes; his scholarships have commanded the admiration of the world, and former estimates of his character were modified. Certain portions of this remarkable will, taken from Mr. Remsen’s excellent work, follow:

“I, The Right Honourable Cecil John Rhodes of Cape Town in the Colony of the Cape of Good Hope, hereby revoke all testamentary dispositions heretofore made by me and declare this to be my last Will which I make this first day of July 1899.

“1. I am a natural-born British subject and I now declare that I have adopted and acquired and hereby adopt and acquire and intend to retain Rhodesia as my domicile.

“2. I appoint (naming seven persons) to be the Executors and Trustees of my Will and they and the survivors of them or other the Trustees for the time being of my Will are hereinafter called ‘My Trustees.’

“3. I admire the grandeur and loneliness of the Matoppos in Rhodesia and therefore I desire to be buried in the Matoppos on the hill which I used to visit and which I called the ‘View of the World’ in a square to be cut in the rock on the top of the hill covered with a plain brass plate these words thereon—‘Here lie the remains of Cecil John Rhodes’ and accordingly I direct my Executors at the expense of my estate to take steps and do all things necessary or proper to give effect to this my desire and afterwards to keep my grave in order at the expense of the Matoppos and Bulawayo fund hereinafter mentioned.”

The testator gives certain pecuniary legacies, directs the erection or completion of a monument on the said hill in memory of certain dead, and provides for interments thereon. He provides for the cultivation of certain of his lands “for the instruction of the people of Rhodesia,” the establishment of a park, “planted with every possible tree,” with funds for their maintenance.

He places in trust certain property for the use of his brothers and sisters with gift over. He gives his college in the University of Oxford a sum of money for the erection of new college buildings and other purposes. He provides, by means of a trust, for the use of his residence and grounds at Cape Town as a public park until the Federal Government of the State of South Africa shall be founded, and thereafter as the residence of the Prime Minister in that government.

After reciting his educational views and desire to promote unity among the English-speaking people throughout the world, the testator provides for the establishment of certain scholarships at the University of Oxford, for the benefit of students for British Colonies and the United States of America. To this, by codicil, he subsequently added certain scholarships for the benefit of German students. He also prescribes certain rules and regulations for the election of students to such scholarships.

“36. My trustees shall invest the scholarship fund and the other funds hereinbefore established or any part thereof respectively in such investments in any part of the world, as they shall in their uncontrolled discretion think fit and that without regard to any rules of equity governing investments by trustees and without any responsibility or liability should they commit any breach of any such rule, with power to vary any such investments for others of a like nature.”

“37. Investments to bearer held as an investment, may be deposited by my Trustees for safe custody in their names with any banker or banking company or with any company whose business it is to take charge of investments of that nature and my trustees shall not be responsible for any loss incurred in consequence of such deposit.”

“40. I give the residue of my real and personal estate unto such of them the said (persons who are named as Executors and Trustees,) as shall be living at my death absolutely and if more than one as joint tenants.”

“41. My Trustees in the administration of the trust business may instead of acting personally, employ and pay a Secretary or Agent to transact all business and do all acts required to be done in the trust including the receipt and payment of money.”

“42. My intention is that there shall be always at least three Trustees of my Will so far as it relates to the Scholarship Trusts and therefore I direct that whenever there shall be less than three Trustees, a new Trustee or new Trustees shall be forthwith appointed.”

“In witness whereof I have hereunto set my hand the day and year first above written.

“C. J. Rhodes.”

(Subscribed by three witnesses.)

CODICIL

There is a long codicil to the will wherein the testator devises in tail his palatial home, known as “The Delham Hall Estate” and makes disposition of his great treasures in heirlooms, in and about Delham Hall.

Will of Cardinal Richelieu

This very interesting and remarkable will is extremely rare to find, although the copy from which we take it was in print, having been preserved, among many other curious papers, by M. BourÉe, of ChÂtillon; docketed along with it was a collection of isolated papers, all more or less piquants, relating to the famous and formidable cardinal, and consisting of satirical verses, epitaphs, lampoons, parasitical flatteries, apologies, etc. There is also a rough copy of a billet d’enterrement, apparently drawn up with the intention of being distributed to the court to invite them to the funeral.

Our readers will no doubt peruse with curiosity the last wishes of this pompous and magnificent minister, who contrived to rehabilitate himself after an early disgrace, to maintain his proud supremacy to the last, and to die bequeathing gifts to his sovereign and master.

Of his luxury and extravagance, his nepotism so costly to the country, his assumption of power, and the art with which he knew how to make himself obeyed and feared by all classes and conditions of men, history amply informs us in details scarcely credible at the present day; and that it was he who by his despotism and tyranny laid the foundations of that terrible revolution, which blasted the face of the country and cast its fatal blight, more or less fatally, over the whole civilized world, none are likely to forget.

If we wanted an instance of pomp, unexampled even in the history of the Roman Empire, of uncompromising consideration as claimed by and accorded to this parvenu prince, whose personal expenses are estimated at more than a thousand crowns a day—considerably more than the monarch he served had at his private disposal—we may find it in the narrative of his (happily) last journey from Tarascon to Paris. It is to be regretted the famous Tarasque had not broken loose that day and devoured him before he started on his egotistical expedition.

Pronouncing himself unable to bear the fatigue of saddle, carriage, or litter, he ordered a room to be built of light boards covered with crimson satin damask, which was to be furnished with a bed, two chairs, and a table for his secretary; this movable house was hoisted on the shoulders of eighteen of the cardinal’s guards, to be relieved at stated distances; they were to walk on bareheaded, no matter what weather, and it was during the month of August, or about the hottest season in France.

When this singular cortÈge—for the cardinal was followed by carriages containing his numerous suite—arrived at the towns he had to pass through, they found the walls and gates already demolished and cleared away by the direction of a vanguard of attendants sent on before to see that room was made for his Eminence to pass without delay or interruption.

When he reached Paris, chains were stretched along both sides of the streets to keep back the people who crowded them to contemplate in wonder and silent awe the despot, who a few days before, had hurried to the scaffold the youthful Cinq-Mars and his virtuous friend De Thou.

This sight made a profound and lasting impression on the youthful Bossuet, who, being on that day fifteen years of age, arrived in Paris for the first time.

It would be superfluous to cite this will in its entirety; we therefore only transcribe such passages as we feel will be of general interest, and these we give verbatim.

It is dated Narbonne, 23d of May, 1642, and bears the signature of Pierre Falconis, notaire royal. It is contained in twelve quarto pages of very close printing.

After two paragraphs of pious preamble and directions for his funeral, it proceeds to appoint to his niessce, Madame la Duchesse d’Eguillon (sic), all the cash in gold and silver he might possess at his decease, except a sum of 1,500,000 livres to be placed in the hands of his Majesty immediately on his death for a purpose he will explain farther on. It then goes on to declare that by contract he had given to the Crown “ ... Mon grand hostel que j’ai basti sous le nom de Palais Cardinal, ma chapelle d’or enrichie de diamans, mon buffet d’argent ciselÉ, et un grand diamant que j’ai achetÉ a Lopez, toutes lesquelles choses le roi a eu agrÉable par sa bontÉ d’accepter À ma trez humble et trÈs instante supplication....

“Je supplie S. M. d’avoir agrÉables huit tentures de tapisserie et trois lits que je prie Madame la Duchesse d’Eguillon, ma niessce, et M. de Noyers de choisir entre mes meubles, pour servir À une partie de l’ameublement des principaux appartemens du dit Palais Cardinal.

“Comme aussi je la supplie d’agrÉer la donation que je lui fais en outre de l’hostel qui est devant le Palais Cardinal, lequel j’ai acquis de feu M. le Commandeur de Sillery, pour au lieu d’icelui faire une place au devant du dit palais.

“Je supplie aussi trÈs humblement S. M. de trouver bon que l’on lui mette entre les mains la somme de 1,500,000 livres dont j’ay fait mention cy-dessus, de laquelle somme je puis dire avec vÉritÉ de m’estre servi trÈs utilement aux plus grandes affaires de son estat, en sort que si je n’eusse eu cet argent À ma disposition quelques affaires qui ont bien succÉdÉ eussent apparemment mal rÉussi, ce qui me donne sujet d’oser supplier S. M. de destiner ceste somme que je lui laisse, pour employer en diverses occasions, qui ne peuvent souffrir la longueur des formes de finance.”

He then orders all his property, whether in esse or in posse, to be distributed as follows. The list supplies some idea of the shameless extent to which this man, who began life without any kind of fortune, enriched himself at the expense of the State.

“Je donne et lÉgue À Armand de MaillÉ, mon nepveu et fileul, fils d’Arban de MaillÉ, Marquis de BrÉzÉ, Mareschal de France, et de Nicole du Plessis, ma seconde soeur, et en ce je l’institue mon hÉritier pour les droicts qu’il pourrait prendre en toutes les terres et autres qui se trouveront en ma succession ainsi que s’ensuit.”

These biens consisted of (for the share of this nephew alone) the duchÉ et pairie of Fronsac et Caumont; of the lands and Marquisate of Graville; of the county of Beaufort en VallÉe; of the lands and barony of Fresne; of 300,000 livres deposited at the ChÂteau de Saumur; and of the ferme des poids de Normandie, the returns from which amount to 50,000 livres annually.

Next comes the before-named niece who, over and above the biens settled on her at her marriage, was to have “ ... la maison oÙ elle loge À present, nommÉ le Petit Luxembourg, joignant le palais de la reine, mÈre du roi; ma maison et ma terre de Ruel; le domaine de Pontoise; la rente que j’ay À prendre sur les cinq grosses fermes de France qui monte À 60,000 livres par an.

“Item: A ma dite niessce, tous les cristaux, tableaux, et autres piÈces qui sont dans le cabinet principal de la dite maison le Petit Luxembourg, sans y comprendre l’argenterie du buffet dont j’ay dejÀ disposÉ.

“Item: Je lui donne aussi toutes mes bagues et pierreries À l’exception seulement de ce que j’ay laissÉ À la Couronne, ensemble un buffet d’argent vermeil dorÉ neuf, pesant 535 marcs 4 gros, contenu en deux coffres faits exprez.”

The next legatee is his nephew, FranÇois de Vignerot, to whom he leaves first the sum of 200,000 livres on condition that he shall lay it out in the purchase of an estate, to enjoy it during his lifetime, and after his decease to go to Armand, his eldest son, or to whichever of his sons succeeds to the title of Duc de Richelieu. He leaves him further his duchÉ-pairie de Richelieu with the appurtenances, dependencies, and lands thereto belonging.

Item: The lands and barony of BarbÉzieux;

Item: The lands and principality of Mortagne;

Item: The county of Cosnac, the baronies of Coze, Laugeon and d’Alvas, the domain of Hiers en Brouage, the hostel of Richelieu planned and ordered to be built adjoining the Palais Cardinal.

Item: The tapestries representing the history of Lucretia, bought of M. le Duc de Chevreuse, with all the figures, statues, busts, pictures, crystals, cabinets, tables, and other furniture at present in the conciergerie of the Palais Cardinal, in order worthily to furnish and adorn the said Hostel de Richelieu, when it shall be completed; and besides these all other movables or immovables, claims upon the king or his domains, and generally all property not as yet disposed of by this will; but all and only on the condition that he shall assume the sole name of Du Plessis Richelieu, and that neither he nor his descendants shall ever be known by any other, or quarter any other arms, under the following penalties....

To this nephew, the cardinal also leaves his library, but with the proviso that it is to be at the service of all members of the family, and also of the public; and he desires, therefore, that on his decease, a full and complete catalogue be made under the directions of his executors, who are to call to their assistance two Doctors of the Sorbonne, who shall be present during the making of the said inventory; which, being made in duplicate, one copy was to be deposited in his own library, signed by his executors and by the said Doctors of the Sorbonne; and the other copy, similarly signed, in the Sorbonne itself.

There are further conditions attached to the ownership of the library, viz., that a librarian shall be appointed at a salary of one thousand livres per annum; three candidates having first been chosen by the Sorbonne and nominated by his successors. He desires further that a person shall be kept to sweep out the library every day, and to beat, dust, and wipe the books at stated and frequent intervals, at a yearly wage of four hundred livres. He also stipulates that one thousand livres shall be put by every year for the purchase of additional books.

He explains that his “niessce la Duchesse d’Enghien” having displeased him by her marriage, he leaves her nothing, “moyennant ce que je lui ai donnÉ en dot, dont je veux et ordonne qu’elle se contente.”

After several clauses relating to the edifice of the Sorbonne, to his burial, to several constructions to be added to the Hostel de Richelieu, and to a legacy of sixty thousand livres to the “vingt pÈres de la mission Établie À Richelieu,” he adds a very characteristic clause as follows:

“Et d’autant plus qu’il a plu À Dieu benir mes travaux et les faire considÉrer par le roy mon bon maistre, en les reconnoissant par sa munificence royale, audessus de ce que je pouvoir espÉrer, j’ay estimÉ, en faisant ma disposition prÉsente, devoir obliger mes hÉritiers À conserver l’Établissement que j’ay fait en ma famille, en sorte qu’elle se puisse maintenir longuement en la dignitÉ et splendeur qu’il a plu au roi lui donner, afin que la posteritÉ connoisse que si je l’ay servi fidellement, il a sÇu par une vertu toute royale m’aymer et me combler de ses bienfaits.” And here follow certain conditions which need not be detailed.

In the next clause the pride of family crops up again: “Je defends À mes hÉritiers de prendre alliance en des maisons qui ne soient pas vrayement nobles, les laissant assez À leurs aise pour avoir plus d’Égards À la naissance et À la vertu qu’aux commoditÉs et aux biens.”

The clause relating to servants and their bequests is worth quoting, as testimony to the magnificence of his Eminence’s retinue:

“Pour marque de la satisfaction que j’ay des services qui m’ont estÉ rendus par mes domestiques et serviteurs je donne au Sieur Didier, mon aumosnier, 1500 liv.; au Sieur de Bar, 10,000 liv.; au Sieur de Manse, 6000 liv.; au Sieur de Belesbat, parceque je ne lui ay encore rien donnÉ, 10,000 liv.; À Beaugensi, 3000 liv.; À Estoublon, 3000 liv.; au Sieur de Marsal, 3000 liv.; au Sieur de Palvoisin, parceque je ne lui ay jusques icy rien donnÉ, 12,000 liv.; À GrenillÉ, 2000 liv.; À Blouin, 6000 liv.; au Sieur Cytois, 6000 liv.; au Sieur Renaudot, 2000 liv.; À Bertereau, 6000 liv.; À Des Bornais, mon valet de chambre, 6000 liv., et je desire qu’il demeure concierge, soutz mon petit neveu, du Pont de Courlay, dans le Palais Cardinal; au Cousin, 6000 liv.; À l’Espolette et À PrÉvost, chacun 3000 liv.; À Picot, 6000 liv.; À Robert, 3000 liv.; au Sieur de Graves et de Saint-Leger, mes escuyers, chacun 3000 liv.; et en outre, mes deux carosses avec leurs deux attelages de chevaux, ma litiÈre et les trois mulets qui y servent, pour estre Également partagÉs entre mes dits deux escuyers; À Chamarante et Du Plessis, chacun 3000 liv.; À Vilandry, 1500 liv.; À De Roques, dixhuit chevaux d’escole, aprÈs que les douze meilleurs de mon escurie auront estÉ choisies par mes parents; au Sieur de Fortes Cuieres, 6000 liv.; À GrandprÉ, capitaine de Richelieu, 3000 liv.; À la Jeunesse, concierge de Richelieu, 5000 liv.; au petit Mulat, qui escrit soutz le Sieur Charpentier, mon secrÉtaire, 1500 liv.; À la Garde, 3000 liv.; À mon premier cuisinier, 2000 liv.; À mon credencier, 2000 liv.; À mon premier cocher, 1500 liv.; À mon premier muletier, 1200 liv.; À chacun de mes valets de pied, 600 liv.; et gÉnÉralement À tous les autres officiers de ma maison scavoir: de la cuisine sommeliers et escuyers, chacun six annÉes de leurs gages outre ce qui leur sera deu jusques au jour de mon decez.

“Je ne donne rien au Sieur Charpentier, mon secrÉtaire, parceque j’ay eu soin de lui faire du bien pendant ma vie; mais je veux rendre ce temoignage de luy, que durant le longtemps qu’il m’a servy, je n’ay poinct connu de plus homme de bien, ny de plus loyal et plus sincÈre serviteur.

“Je ne donne rien aussi au Sieur CherrÉ, mon autre secrÉtaire, parceque je le laisse assez accommodÉ, estant nÉanmoins satisfait des services qu’il m’a rendus.

“Je donne au baron de Broye, hÉritier du feu Sieur Barbin, que j’ay sceu estre en nÉcessitÉ, la somme de 30,000 livres.”

The remainder of the will consists of various, and we may add very numerous, formalities, signatures of witnesses, etc.

It is a curious fact that, on the death of the last surviving descendant of the Du Plessis family, 17th of May, 1822—a man, be it observed, of singular probity and true grandeur of character—the colossal fortune amassed by the cardinal had dwindled down to such small proportions that all that remained of it was swallowed up in paying off the debts of his profligate father, and of his grandfather, the notorious Duc de Richelieu who figures so largely in the “Chronique Scandaleuse” of his day.

Will of Jean Jacques Rousseau

Although Rousseau’s will was made in 1737, it remained unknown to the world until 1820. It never was executed, nor ever became an effectual or a legal document; but it is, nevertheless, curious as testifying to the state of mind of the writer and the fervent sentiments of piety he entertained at the age of twenty-five.

The original, which is well authenticated, was found in the garret of an old house at ChambÉry. It was among the forgotten minutes of a former notary of that town, named Rivoire, and occupied pages 104, 105, and 106 of the minute. It is dated June 7, 1737—a day on which, as stated in the will, Rousseau met with an accident which obliged him to keep his bed, and having a bandage on his forehead covering his eyes, was thus prevented signing his will; though, says the notary, “sain de ses sens ainsi qu’il a paru par la suite et soliditÉ de ses raisonnements.” It seems to have been a case of “The devil was sick,” etc., and the will appears to be such as Rousseau was not likely to have written at any other moment.

The deed was received at the house of M. Le Comte de St. Laurent, ContrÔleur-gÉnÉral des finances de S. M. le Roi de Sardaigne, inhabited at the time by Madame Warens, who afterwards occupied so large a place in the life of Rousseau.

The testator, after making the sign of the Cross, recommending his soul to God, and begging the intercession of the holy Virgin and of SS. John and James, his patrons, professes his intention of living and dying in the faith of the Catholic apostolic and Roman Church. He leaves his obsequies to the discretion of his heiress, and charges her to see that prayers are offered for the repose of his soul.

After these preliminaries he bequeaths 16 livres to each of the Convents of the Capuchins, the Augustinians, and the Clares of ChambÉry, that they may celebrate masses for the repose of his soul.

He bequeaths his patrimony to his father, praying him to be content therewith as gratitude renders it his duty to dispose of his other possessions in favor of his benefactors.

He leaves 100 livres to the Sieur Jacques Barillot of Geneva; he appoints as his heir Madame FranÇoise-Louise de la Tour Comtesse de Warens, to whom he declares it his wish to pay over and above this, the sum of 2000 livres to cover the expenses of his board during ten years. Finally he recognizes a debt of 700 livres in favor of the Sieur Charbonnel, a tradesman of ChambÉry, for goods delivered and money lent.

The will is signed by Claude Morel (procureur au sÉnat), Antoine Bonne des Echelles, Jacques Gros de Vanzy, Antoine Bouvard, Pierre Catagnole and Pierre Cordonnier. The seventh witness, Antoine Forraz de Bissy, is declared “illitÉrÉ.” This act was registered 22d of July, 1737, in fol. 662 of the second book of the year 1737.

According to all appearance this will was not engrossed, and Rousseau, whose life was so checkered, and who so often changed his domicile, probably forgot all about it, and about the accident which occasioned it, when he drew up his Confessions.

The Journal de Savoie, under date 7th of April, 1820, supplies some curious particulars as to the minutes of the above-named notary, Rivoire, among which were found a power of attorney to Jacques Barillot by Rousseau, to withdraw at Geneva the rights of his mother Suzanne Bernard. This document is dated 12th of July, 1737, and registered on the 15th of the same month.

Rousseau, born at Geneva, 28th of June, 1712, died at Ermenonville, 2d of July, 1778.

Will of Lord St. Leonards

The necessity that there should be some better fashion for the safe keeping of wills, during the lifetime of testators, than at present exists, is, perhaps, more vividly portrayed in the case of the late Lord St. Leonards than in any other on record. In this case we have the loss of the will, not only, of one of the astutest of lawyers, the most orthodox of conveyancers, but of a man who had made it his chief pleasure and study during the last four years of his life to provide for the disposition of his worldly wealth, when his Creator should summon away his spirit from earth, and return his mortal frame to the dust from which He had made it. Moreover, the testator is no less a person than the very ingenious conveyancer, Lord Chancellor of England, and author himself of that famous “Handy-book,” in which men are exhorted in the most convincing manner to make due and thorough disposition of their earthly possessions. Here, during the years he had been engaged in making his will, the greatest care was evinced for the preservation of the precious document, as it was not only kept locked up in a box, but during his Lordship’s illness the Honorable Miss Charlotte Sugden, his daughter, took charge of the box and retained it in her custody until her father should be able to leave his room, when it was replaced by her in its ordinary position, and where it remained until his last illness, when she again took charge of it, and in whose custody it continued until his Lordship’s death in January, 1875. After the solemn ceremony of the funeral this well-cared-for box was opened, but, alas! the will was not there. How this strange circumstance occurred no one has been able to furnish any information; but the loss gave rise to litigation of the most serious character in the Court of Probate. The triumph gained in that court by Miss Sugden in establishing a will, carrying out the wishes of her father, on the simple basis of her recollection of the contents of the lost document, is as wondrous an achievement as any one well could imagine, and testifies to the grave respect with which her evidence must have been regarded by the searching judgment and scrutinizing eye of the learned judge.

Notwithstanding all this, the loss of the will has not escaped the attendance of great and grievous evils, unnecessary to be related.

The judge having in a most eloquent manner reviewed the case, as elucidated by the pleadings of the very learned counsel engaged on the trial, most admirably concluded his summing-up with the following remarks:

“Now let me call attention to a passage in one of Lord St. Leonards’ own works which has a bearing upon this subject, and it shows how the wisest of men may be mistaken, as I think, in the advice which they give to others. And I may say this case illustrates the false security in which Lord St. Leonards lived, and in which I dare say we all of us live. With the other members of his family, he lived in the belief that his Will was secure from the hands and eyes of either the curious or the dishonest. It was thought that the only means of access to it was by the only key which Lord St. Leonards carried about him; and that there was no means of access to the duplicate key, which would open the Will-box, and yet it turned out that there were no less than four keys in the house by which anybody might have opened the escritoire in which the duplicate key was kept, and so have obtained possession of it. Believing as I do that this Will has been lost, and not destroyed by the testator, and that the loss has arisen from its insecure custody, though that custody seemed to all concerned to be perfectly safe, it is well that it should be known and I particularly desire that it should be known to the public, that the law has provided a means of obtaining as nearly a certainty as can be obtained in human affairs that a Will will be forthcoming at the death of the testator....

“The result is that I find as a fact, that the Will of 1870 was duly executed and attested; that the several codicils also were duly executed and attested; that the Will was not revoked by the testator; and I further find that the contents of the Will were, with the exception I have mentioned, as set out in the declaration.”

Will of William Shakespere

“Vicesimo quinto die Martii, Anno Regni Domini nostri Jacobi nunc Regis AngliÆ, &c., decimo quarto, et ScotiÆ quadragesimo nono. Anno Domini 1616.

“In the name of God, Amen. I, William Shakespere, of Stratford-upon-Avon, in the county of Warwick, gent., in perfect health and memory, (God be praised!) do make and ordain this my last Will and testament in manner and form following; that is to say:

“First, I commend my soul into the hands of God my creator, hoping, and assuredly believing through the only merits of Jesus Christ my Saviour, to be made partaker of life everlasting; and my body to the earth whereof it is made.

“Item: I give and bequeath unto my daughter Judith one hundred and fifty pounds of lawful English money, to be paid unto her in manner and form following; that is to say, one hundred pounds in discharge of her marriage portion within one year after my decease, with consideration after the rate of two shillings in the pound for so long time as the same shall be unpaid unto her after my decease; and the fifty pounds residue thereof, upon her surrendering of, or giving of such sufficient security as the overseers of this my Will shall like of, to surrender or grant, all her estate and right that shall descend or come unto her after my decease, or that she now hath, of, in, or to, one copyhold tenement, with the appurtenances, lying and being in Stratford-upon-Avon aforesaid, in the said county of Warwick, being parcel or holden of the manor of Rowington, unto my daughter Susanna Hall, and her heirs for ever.

“Item: I give and bequeath unto my said daughter Judith one hundred and fifty pounds more, if she, or any issue of her body, be living at the end of three years next ensuing the day of the date of this my Will, during which time my executors to pay her consideration from my decease according to the rate aforesaid: and if she die within the said term without issue of her body, then my Will is, and I do give and bequeath one hundred pounds thereof to my niece Elizabeth Hall, and the fifty pounds to be set forth by my executors during the life of my sister Joan Hart, and the use and profit thereof coming, shall be paid to my said sister Joan, and after her decease the said fifty pounds shall remain amongst the children of my said sister, equally to be divided amongst them; but if my said daughter Judith be living at the end of the said three years, or any issue of her body, then my Will is, and so I devise and bequeath, the said hundred and fifty pounds to be set out by my executors and overseers for the best benefit of her and her issue, and the stock not to be paid unto her so long as she shall be married and covert baron; but my Will is, that she shall have the consideration yearly paid unto her during her life, and after her decease the said stock and consideration to be paid to her children, if she have any, and if not, to her executors or assigns, she living the said term after my decease: provided that if such husband as she shall at the end of the said three years be married unto, or at any (time) after, do sufficiently assure unto her, and the issue of her body, lands answerable to the portion by this my will given unto her, and to be adjudged so by my executors and overseers, then my Will is, that the said hundred and fifty pounds shall be paid to such husband as shall make such assurance, to his own use.

“Item: I give and bequeath unto my said sister Joan twenty pounds, and all my wearing apparel, to be paid and delivered within one year after my decease; and I do Will and devise unto her the house, with the appurtenances, in Stratford, wherein she dwelleth, for her natural life, under the yearly rent of twelve-pence.

“Item: I give and bequeath unto her three sons, William Hart, —— Hart, and Michael Hart, five pounds a-piece, to be paid within one year after my decease.

“Item: I give and bequeath unto the said Elizabeth Hall all my plate (except my broad silver and gilt bowl) that I now have at the date of this my Will.

“Item: I give and bequeath unto the poor of Stratford aforesaid ten pounds; to Mr. Thomas Combe my sword; to Thomas Russel, esq., five pounds; and to Francis Collins of the borough of Warwick, in the county of Warwick, gent., thirteen pounds six shillings and eight-pence, to be paid within one year after my decease.

“Item: I give and bequeath to Hamlet (Hamnet) Sadler twenty-six shillings eight-pence, to buy him a ring; to William Reynolds, gent., twenty-six shillings eight-pence, to buy him a ring; to my godson William Walker, twenty shillings in gold; to Anthony Nash, gent., twenty-six shillings eight-pence; and to Mr. John Nash, twenty-six shillings eight-pence; and to my fellows, John Hemynge, Richard Burbage, and Henry Cundell, twenty-six shillings eight-pence a-piece, to buy them rings.

“Item: I give, Will, bequeath, and devise, unto my daughter Susanna Hall, for better enabling of her to perform this my Will, and towards the performance thereof, all that capital messuage or tenement, with the appurtenances, in Stratford aforesaid, called the New Place, wherein I now dwell, and two messuages or tenements, with the appurtenances, situate, lying, and being in Henley Street, within the borough of Stratford aforesaid; and all my barns, stables, orchards, gardens, lands, tenements and hereditaments whatsoever, situate, lying, and being, or to be had, received perceived, or taken, within the towns, hamlets, villages, fields, and grounds of Stratford-upon-Avon, Old Stratford, Bishopton, and Welcombe, or in any of them, in the said county of Warwick; and also all that messuage or tenement, with the appurtenances, wherein one John Robinson dwelleth, situate, lying, and being, in the Blackfriars in London, near the Wardrobe; and all other my lands, tenements, and hereditaments whatsoever; to have and to hold all and singular the said premises, with their appurtenances, unto the said Susanna Hall, for and during the term of her natural life; and after her decease to the first son of her body lawfully issuing, and to the heirs males of the body of the said first son lawfully issuing; and for default of such issue, to the second son of her body lawfully issuing, and to the heirs males of the body of the said second son lawfully issuing; and for default of such heirs, to the third son of the body of the said Susanna lawfully issuing, and to the heirs males of the body of the said third son lawfully issuing; and for default of such issue, the same to be and remain to the fourth, fifth, sixth, and seventh sons of her body, lawfully issuing one after another, and to the heirs males of the bodies of the said fourth, fifth, sixth, and seventh sons lawfully issuing, in such manner as it is before limited to be and remain to the first, second, and third sons of her body, and to their heirs males: and for default of such issue, the said premises to be and remain to my said niece Hall, and the heirs males of her body lawfully issuing; and for default of such issue, to my daughter Judith, and the heirs males of her body lawfully issuing; and for default of such issue, to the right heirs of me the said William Shakespere for ever.

“Item: I give unto my wife my second best bed, with the furniture.

“Item: I give and bequeath to my said daughter Judith my broad silver gilt bowl. All the rest of my goods, chattels, leases, plate, jewels, and household-stuff whatsoever, after my debts and legacies paid, and my funeral expenses discharged, I give, devise and bequeath to my son-in-law, John Hall, gent., and my daughter Susanna his wife, whom I ordain and make executors of this my last Will and testament. And I do entreat and appoint the said Thomas Russel, esq., and Francis Collins, gent., to be overseers hereof. And do revoke all former Wills, and publish this to be my last Will and testament. In witness whereof I have hereunto put my hand, the day and year first above written.

“By me,
“William Shakespere.

“Witness to the publishing hereof,
Fra. Collyns,
Julius Shaw,
John Robinson,
Hamnet Sadler,
Robert Whattcoat.”

Will of M. Silhouette

M. Silhouette died in 1767 in Paris. His will is as dry as the political and financial details of a period of history insipid in itself could make it; but the history of the man who wrote it is singular and suggestive, and shows how greatly the success of a public functionary depends on the circumstances in which he is placed, and far less than we are apt to suppose on his genius or skill.

Etienne Silhouette, ContrÔleur-gÉnÉral and Minister of State, only held office during nine months, but at a time when the Treasury was already in an exhausted state in consequence of ruinous wars and the lavish expenditure of his predecessors. He had no choice but to replenish the coffers of the State by the imposition of new taxes, as economy alone would not have sufficed, though it might have aided to fill the alarming void. So far, however, from commending this needful, if not indispensable measure, his policy was turned into ridicule; and the people whom he did his best to serve and to save, heaped upon him every kind of obloquy. Among other insults they changed the name of a street issuing from the Place des Victoires, which had been styled after him La Rue Silhouette, into La Rue Vide Gousset, which it retains to this day; and as among other articles, he had imposed a tax upon likenesses taken in black paper, cut out, and pasted on a white card, which were then extremely popular, not only these portraits, but thence all black outlines received the name of silhouettes, which has adhered to them ever since.

Will of Dean Swift

Dean Swift died October 19, 1745. The “Last Will of Jonathan Swift, D.D., taken out of the Prerogative Court of Dublin” in book form, neatly rebound and covering twenty-seven pages of written matter can yet be found in the bookstores of London. The instrument is dated the third day of May, 1740, and the document itself was printed a few years later. In turning its pages, a feeling of awe and reverence is experienced by the reader as he reviews the last words of the noted Irish clergyman, satirist and author of “Gulliver’s Travels.” Several important items of the Will follow:

“In the Name of God, Amen. I, Jonathan Swift, Doctor in Divinity, and Dean of the Cathedral Church of St. Patrick, Dublin, being at this Present of sound Mind, although weak in Body, do here make my last Will and Testament, hereby revoking all my former Wills.

“Imprimis, I bequeath my Soul to God, (in humble Hopes of his Mercy through Jesus Christ) and my Body to the Earth. And I desire that my Body may be buried in the great Isle of the said Cathedral, on the South Side, under the Pillar next to the Monument of Primate Narcissus Marsh, three Days after my Decease, as privately as possible, and at Twelve o’Clock at Night: And, that a Black Marble of —— Feet square, and seven Feet from the Ground, fixed to the Wall, may be erected, with the following Inscription in large Letters, deeply cut, and strongly gilded.”

“Item: I give and bequeath to my Executors all my worldly Substance, of what Nature or Kind soever (excepting such Part thereof as is herein after particularly devised) for the following Uses and Purposes, that is to say, to the Intent that they, or the Survivors or Survivor of them, his Executors, or Administrators, as soon as conveniently may be after my Death, shall turn it all into ready Money, and lay out the same in purchasing Lands of Inheritance in Fee simple, situate in any Province of Ireland, except Connaught, but as near to the City of Dublin, as conveniently can be found, and not incumbered with, or subject to any Leases for Lives renewable, or any Terms for Years longer than Thirty-one:”

He provides that a considerable sum be laid out in the purchase of lands near Dublin and a building be erected thereon “An Hospital for the Reception of as many Idiots and Lunaticks as the annual income of the said lands and worldly Substance shall be sufficient to maintain: And, I desire said Hospital may be called St. Patrick’s Hospital.”

He then goes into great detail as to the management of the Hospital.

“Item: Whereas I purchased the Inheritance of the Tythes of the Parish of Essernock near Trim in the County of Meath, for Two Hundred and Sixty Pounds Sterling, I bequeath the said Tythes to the Vicars of Laracor for the Time being, that is to say, so long as the present Episcopal Religion shall continue to be the National Established Faith and Profession in this Kingdom: But whenever any other Form of Christian Religion shall become the Established Faith in this Kingdom, I leave the said Tythes of Essernock to be bestowed, as the Profits come in, to the Poor of the said Parish of Laracor, by a weekly Proportion, and by such Officers as may then have the Power of distributing Charities to the Poor of the said Parish, while Christianity under any Shape shall be tolerated among us, still excepting professed Jews, Atheists, and Infidels.

“Item: I bequeath also to the said Martha, the Sum of Three Hundred Pounds Sterling, to be paid her by my Executors out of my ready Money, or Bank Bills, immediately after my Death, as soon as the Executors meet. I leave, moreover, to the said Martha, my repeating Gold Watch, my yellow Tortoise Shell Snuff Box, and her Choice of four Gold Rings, out of seven which I now possess.

“Item: I bequeath to Mrs. Mary Swift alias Harrison, Daughter of the said Martha, my plain Gold Watch made by Quare; to whom also I give my Japan Writing Desk, bestowed to me by Lady Worseley, my square Tortoise Shell Snuff Box, richly lined and inlaid with Gold, given to me by the Right Honourable Henrietta now Countess of Oxford, and the Seal with a Pegasus, given to me by the Countess of Granville.

“Item: I bequeath to Mr. Ffolliott Whiteway, eldest Son of the aforesaid Martha, who is bred to be an Attorney, the Sum of Sixty Pounds; as also Five Pounds to be laid out in the Purchase of such Law Books as the Honourable Mr. Justice Lyndsay, Mr. Stannard, or Mr. McAullay shall judge proper for him.

“Item: I bequeath to my dearest Friend Alexander Pope of Twittenham, Esq., my Picture in Miniature, drawn by Zinck, of Robert late Earl of Oxford.

“Item: I leave to Edward now Earl of Oxford, my Seal of Julius CÆsar, as also another Seal, supposed to be a young Hercules, both very choice Antiques, and set in Gold: Both which I chuse to bestow to the said Earl, because they belonged to her late Most Excellent Majesty Queen Anne, of ever Glorious, Immortal, and truly Pious Memory, the real nursing Mother of all her Kingdoms.

“Item: I leave to the Reverend Mr. James Stopford, Vicar of Finglass, my Picture of King Charles, the First, drawn by Vandyke, which was given to me by the said James; as also my large Picture of Birds, which was given to me by Thomas, Earl of Pembroke.

“Item: I bequeath to the Reverend Mr. Robert Grattan, Prebendary of St. Audeon’s, my Gold Bottle Screw, which he gave me, and my strong Box, on Condition of his giving the sole Use of the said Box to his Brother Dr. James Grattan, during the Life of the said Doctor, who hath more Occasion for it, and the second best Beaver Hat I shall die possessed of.

“Item: I bequeath to Mr. John Grattan, Prebendary of Clonmethan, my Silver Box in which the Freedom of the City of Cork was presented to me; in which I desire the said John to keep the Tobacco he usually cheweth, called Pigtail.

“Item: I bequeath all my Horses and Mares to the Reverend Mr. John Jackson, Vicar of Santry, together with all my Horse Furniture: Lamenting that I had not Credit enough with any chief Governor (since the Change of Times) to get some additional Church Preferment for so virtuous and worthy a Gentleman. I also leave him my third best Beaver Hat.

“Item: I bequeath to the Reverend Doctor Francis Wilson, the Works of Plato in three Folio Volumes, the Earl of Clarendon’s History in the three Folio Volumes, and my best Bible; together with thirteen small Persian Pictures in the Drawing Room, and the small Silver Tankard given to me by the Contribution of some Friends, whose Names are engraved at the Bottom of the said Tankard.

“Item: I bequeath to the Earl of Orrery the enamelled Silver Plates to distinguish Bottles of Wine by, given to me by his excellent Lady, and the Half-length Picture of the late Countess of Orkney in the Drawing Room.

“Item: I bequeath to Alexander McAullay, Esq., the Gold Box in which the Freedom of the City of Dublin was presented to me, as a Testimony of the Esteem and Love I have for him, on Account of his great Learning, fine natural Parts, unaffected Piety and Benevolence, and his truly honourable Zeal in Defence of the legal Rights of the Clergy, in Opposition to all their unprovoked Oppressors.

“Item: I bequeath to Deane Swift, Esq., my large Silver Standish, consisting of a large Silver Plate, an Ink Pot, a Sand Box and a Bell of the same Metal.

“Item: I bequeath to Mrs. Mary Barber the Medal of Queen Anne and Prince George, which she formerly gave me.

“Item: I leave to the Reverend Mr. John Worrall my best Beaver Hat.

“Item: I bequeath to the Reverend Doctor Patrick Delany my Medal of Queen Anne in Silver, and on the Reverse the Bishops of England kneeling before her Most Sacred Majesty.

“Item: I bequeath to the Reverend Mr. James King, Prebendary of Tipper, my large gilded Medal of King Charles the First, and on the Reverse a Crown of Martyrdom, with other Devices. My Will, nevertheless, is, that if any of the above named Legatees should die before me, that then, and in that Case, the respective Legacies to them bequeathed, shall revert to myself, and become again subject to my Disposal.

“In witness whereof, I have hereunto set my Hand and Seal, and published and declared this as my last Will and Testament, this Third Day of May, 1740.

“Jonathan Swift.”

Will of J. M. W. Turner, R.A.

The great painter, J. M. W. Turner, R.A., died in 1851. It is unnecessary to quote this lengthy and well-known document; indeed, we might speak of the unfortunate will and its numerous codicils in the plural.

It was dated June 10, 1831, and was attested by George Cobb, John Saxon, and Charles Tall. It is written in various legal hands, all except the first codicil, the whole of which is in autograph.

After legacies to private friends and servants, and to various charities, and the bequests of his valuable works to the nation, under very special and stringent conditions, this eccentric, wealthy, and benevolent artist ordered that the residue of his estate should be devoted to the founding and maintaining of an “institution for the support of poor and decayed male artists, born in England and of English parents only, and lawful issue.”

“Unfortunately for the poor artists of England,” says Turner’s biographer, “the will being a most cloudy document, full of confusions and interpolations, it was disputed by the next of kin, who endeavoured to establish that the testator was of unsound mind. But this effort to annihilate its validity failed, the testator being held to be of sound mind and capable of making a legal disposition of his estate.

“The trustees and executors thereupon filed a bill in Chancery on the 25th of April, 1852, praying the court to construe the will, and enable them to administer the estate. The next of kin, by their answer, contended that since it was impossible to place any construction upon the will at all, it was necessarily void.”

The testator’s property, we may remark, was sworn under £140,000.

The documents in this Chancery suit, which extended to four years, are of several tons weight. The bills of costs alone would fill a butcher’s cart. How Turner would have groaned to see the lawyers fattening on his hard-earned savings!

A compromise was eventually effected between all parties to the suit, and on March 19, 1856, a decree was pronounced, with their consent, to the following effect:

1. The real estate to go to the heir-at-law.

2. The pictures, etc., to the National Gallery.

3. £1000 for the erection of the monument in St. Paul’s Cathedral.

4. £20,000 to the Royal Academy, free of legacy duty.

5. Remainder to be divided among next of kin.

Will of Vaugelas

Claude Favre de Vaugelas the French Grammarian, one of the lights of the “Salon Bleu,” and honored by the friendship of Madame de Rambouillet, was born at Bourg en Bresse in 1585, and after making an illustrious name in the annals of literature, and being rewarded by several pensions, died in a condition of abject poverty in Paris, in 1650. It is difficult to account for the sad circumstances under which he ended his days, unless, like many of the literary characters found in history, he led a life of reckless expenditure, possibly good-naturedly lending to those who never repaid him, and generally neglected to keep any kind of order in his affairs.

FrÉron, in his “AnnÉe LittÉraire,” reports a singular clause in his will, but one which does honor to his sense of rectitude and his conscientiousness.

“Vaugelas,” says he, “died, so to speak, in penury; he was so deeply in debt that he was obliged to remain all day at home (a single room), and could only go out at night for fear he should fall into the hands of his creditors. On this account he was named the ‘Hibou.’ His will was remarkable: after having ordered his little all to be sold for the payment of his debts, he adds, ‘But as, after all has been distributed, there may remain some creditors whose claims will not be satisfied, my last will is that my body be sold to the surgeons for the highest price that can be obtained, and the product applied to the liquidation of the debts I may still owe, so that, if I have been unable to be of any use during my life, I may at least serve some purpose after my death.’”

Will of Voltaire

Among Voltaire’s papers was found a note, endorsed “Mon Testament,” which, on being opened, exhibited these lines in his own hand:

Voltaire spent his last days in Paris, dying there in 1778. It was there Benjamin Franklin took to him his grandson on whom he asked Voltaire to pronounce a blessing. Voltaire placed his hand upon the young man’s head, uttering at the same time in English, “God and liberty.”

Will of Izaak Walton

Izaak Walton died December 15, 1683, at the age of ninety, and was buried in the north transept of Winchester Cathedral. He is best known and loved by his work, “The Compleat Angler, or Contemplative Man’s Recreation;” for quaintness and pastoral freshness it has never been excelled and has passed through more than a hundred editions. Of the book Charles Lamb said: “It would sweeten a man’s temper at any time to read it.” The following verses in praise of tobacco, are taken from a poem of considerable length, Gosden’s edition of the “Journey to Beresford Hall.”

The Fishing-house of Charles Cotton, where Walton visited and where Piscator and Viator communed, stood “in a kind of peninsula,” as Cotton describes it, “with a delicate clear river about it;” this “little house” was on the river Dove in Staffordshire: over the arched door were the words “Piscatoribus Sacrum” and on the Key-stone the Cypher of Cotton and Walton. In 1835 this venerable and historic building was restored to nearly the same state as when originally built, by its owner, the Marquis of Beresford.

The will of Walton is deposited in the great registry of English wills at Somerset House, London, and may there be seen by the visitor. An exact copy recently taken from the original is here given, word for word:

“In the name of God, Amen: I, Izaak Walton, the elder, of Winchester, being the present day in the ninetyeth yeare of my age and in perfect memory, for which praysed be God, but considering how suddainly I may be deprived of both, doe therefore make this my last will and testament as followeth; and first, I doe declare my beleife to be that their is only one God who hath made the whole world and mee and all mankind, to whome I shall give an account of all my actions which are not to be justified but I hope pardoned for all the merrets of my saviour Jesus, and because the profession of Christianity does at this time seeme to be subdivided into papist and protestant I take it at least to be convenient to declare my beleife to be in all points of ffaith as the Church of England now professeth and this I doe, the rather because of a very long and a very true friendship with some of the Roman Church and for my worldly estate (which I have neither got by falsehood or flattery or the extreame Cruelty of the law of this nation) I doe hereby give and bequeath it as followeth: first I give my sonne in law Doc^t. Hawkins and to his wife to them I give all my title and right of or in a part of a house and shop in Pater noster rowe in London which I hold by lease from the Lord Bishop of London for about ffifty years to come, and I doe alsoe give to them all my right and title of or to a house in Chansery Lane London wherein M^r. Greinwood now dwelleth in which is now about sixteene yeares to come I give these two leases to them they saving my Executor from all damage concerning the same; and I give to my sonne Izaak all my right and title to a lease of Norington Farme which I hold from the Lord Bishop of Winton and I doe also give him all my right and title to a Farme or land neare to Stafford which I bought of Mr. Walter Noell; I say I give it to him and his heires for ever but upon the condicon following namely; if my sonne shall not marry before he shall be of the age of forty and one yeare, or being married shall dye before the said age and leave noe sonne to inherit the said Farme or Land, or if his sonne or sonns shall not live to obtaine the age of twenty and one yeares, to dispose otherwayes of it then I give the said Farme or land to the Towne or Corporation of Stafford (in which I was borne) for the good and benefit of some of the said towne as I shall direct and as followeth, but first note that it is at this present time rented for twenty one pounds tenn shillings a yeare (and is like to hold the said rent if care be taken to keepe the barne and houseing in repaire) and I wood have and doe give ten pound of the said rent to bind out yearly two boyes, the sonns of honest and poore parents, to be aprentizes to some Tradesmen or handycraft men to the intent the said boyes may the better afterward get their owne liveing; and I doe alsoe give five pound yearly out of the said rent to be given to some maide Servant that hath attained the age of twenty and one yeare (not lesse) and dwelt long in one service or to some honest poore mans daughter that hath attained to that age, to be paid her at or on the day of her marriage and this being done my will is that what rent shall remaine of the said Farme or land shall be disposed of as Followeth: first I doe give twenty shillings yearly to be spent by the Mayor of Stafford and those that shall collect the said rent and dispose of it as I have and shall hereafter direct, and that what mony or rent shall remaine undisposed off shall be imployed to buy Coales for some poore people that shall most need them in the said towne, the said Coales to be delivered the first weeke in January or in every first weeke in February; I say then because I take that time to be the hardest and most pinching times with poore people and God reward those that shall doe this without partialitie and with honestie and a good conscience; and if the said Mayor and others of the said towne of Stafford shall prove so negligent or dishonest as not to imploy the rent by mee given as intended and exprest in this my will (which God forbid) then I give the said rents and profitts of the said Farme or land to the Towne and cheife magastraits or governers of Ecles-hall to be disposed by them in such manner as I have ordered the disposall of it by the towne of Stafford, the said Farme or land being near the Towne of Ecles-hall; and I give to my sonne in Law Doctor Hawkins (whome I love as my owne sonn) and to my daughter, his wife, and my sonne Izaak to each of them a ring with these words or motto—“love my memory I: W. obiet;” to the Lord Bishop of Winton a ring with this motto “a mitt for a million I: W. obiet;” and to the friends hereafter named I give to each of them a ring with this motto “A friend’s farewell I: W. obiet;” and my will is the said rings be delivered within forty dayes after my death, and that the price or value of all the said rings shall be thirteen shillings and four pence a peece. I give to Doctor Hawkins Doctor Donn’s Sermons, which I have heard preacht and read with much content; to my sonn Izaak I give Doctor Sibbs his Soules conflict, and to my daughter his brused reed desireing them to read them for as to be well acquainted with them; and I alsoe give unto her all my bookes at Winchester and Droxford and whatever in those two places are or I can call mine except a Trunck of Linnen which I give to my sonne Izaak; but if he doe not live to Marry or make use of it then I give the same to my Granddaughter, Anne Hawkins, and I give my daughter Doctor Halls works which be now at Farnham: to my sonn Izaak I give all my bookes (not yet given) at Farnham Castell and a deske of prints and pictures, alsoe a Cabinet nere my bedshead in which are some little things that he will value, tho of noe great worth, and my will and desire is that he will be kind to his Aunt Beachame and his Aunt Rose Ken by allowing the first about fifty shillings a yeare in or for Bacon and Cheese (not more) and paying four pound a yeare toward the boarding of her sonnes dyet to M^r. John Whitehead; for his Aunt Ken I desire him to be kind to her according to her necessity and his own abilitie and I commend one of her children to breed up (as I have said I intend to do) if he shall be able to doe it, as I know he will, for they be good folke. I give—to M^r. John Darbishire the Sermons of M^r. Anthony Faringdon or of Do^r.: Sunderson, which my Executor thinks fitt: to my servant, Thomas Edghill, I give five pound in mony and all my Clothes linnen and wollen (except one sute of Clothes which I give to M^r. Holinshed and forty shillings) if the said Thomas be my servant at my death, if not my Clothes only; and I give my old friend, M^r. Richard Marriot, tenn pound, in mony to be paid him within three Months after my death, and I desire my sonne to shew kindness to him if he shall neede and my son can spare it; and I doe hereby will and declare my sonn Izaak to be my sole Executor of this my last will and testament and doctor Hawkins to see that he performes it, which I doubt not but he will. I desire my burial may be neare the place of my death and free from any ostentation or charge but privately: this I make to be my last will (to which I shall only add the Codicell for rings) this sixteenth day of August, One Thousand Six hundred eighty three. Izaak Walton. Witnesse to this will

“The Rings I give are as on the other side.

“To my brother, Jon Ken; to my sister, his wife; to my brother, Doctor Ken; to my Sister Pye; to M^r. Francis Morley; to M^r. George Vernon; to his wife; to his three daughter; to Mristris Nelson; to M^r. Richard Walton; to M^r. Palmer; to M^r. Taylor; to M^r. Tho Garrard; to the Lord Bp of Sarum; to M^r. Rede, his servant; to my cozen Dorothy Kenrick; to my Cozen Lewin; to M^r. Walter Higgs; to M^r. Charles Cotton; to M^r. Rich: Marryot 22; to my brother Beacham; to my Sister, his wife; to the Lady Anne How; to M^rs. King Doctor Philips wife; to M^r. Valentine Harecourt; to M^rs. Eliza: Johnson; to M^rs. Mary Rogers; to M^rs. Eliza: Milward; to M^rs. Dorothy Wallop; to M^r. Will Milward of Christ church, Oxford; to M^r. John Darbesheire; to M^rs. Unedvill; to M^rs. Rock; to M^r. Peter White; to M^r. John Lloyde; to my Cozen Greinsells widdow, M^rs. Dalbin, must not be forgotten 16; Izaak Walton note that severall lines are blotted out of this will for they were twice repeated and that this will is now Signed and Sealed this twenty and fourth day of October, One thousand Six hundred eighty three, in the presence of us Witnesse Abra: Markland, Jos: Taylor, Thomas Crawley.”

Will of Duke of Wellington

Arthur Wellesley, first Duke of Wellington, died September 14, 1852: he was probably born in Dublin, though both the place and date of birth are uncertain. He is buried in St. Paul’s Cathedral, London.

His will, taken from the original on file at Somerset House, London, is as follows:

“An attempt having been made to assassinate me on the night of the 10th instant, which may be repeated with success, and being desirous of settling my worldly affairs and there being no professional person at Paris to whom I can entrust the task of drawing my Will, I now draw it in my own hand writing, hereby revoking all former Wills particularly one likewise in my own hand writing made in the year 1807 previous to the Expedition to Copenhagen.

“I hereby leave to the trustees appointed by Act of Par^t to carry into execution the objects of the various Grants to me, my house in Piccadilly London with its furniture and all I possess in money and other valuables in the funds in Exchequer Bills and elsewhere according to the schedule annexed in trust for the following purposes:

“First: To carry into execution my Marriage Settlement with the Duchess of Wellington.

“Secondly: To pay to all my servants one year’s wages beyond what may be due to each on the day of my death.

“Thirdly: To pay all my just debts.

“Fourthly: To pay to my second son, Lord Charles Wellesley, the sum of one thousand pounds per annum for his life, besides what he will be entitled to under my Marriage Settlement and by the operation of the Acts conveying the Parliamentary Grants to my family. In case he should marry or when he will be thirty years of age, he is to have the option of continuing to receive this annuity or the sum of twenty thousand pounds sterling which is to be paid to him out of the funds aforesaid.

“Fifthly: To purchase a freehold estate in England with the whole money aforesaid or such part thereof as they the said trustees may think proper, charging it with the provisions above specified for the Duchess of Wellington and Lord Charles Wellesley.

“Sixthly: To give to my eldest son Arthur, Marquis of Douro, and the heirs male of his body the use of the House in Piccadilly, of the furniture thereto belonging, and to pay him and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which the trustees may think proper to purchase with the said money. In case of the death without heirs male of my eldest son Arthur, Marquis of Douro,

“Seventhly: I give to my second, The Lord Charles Wellesley, and the heirs male of his body the use of the said house in Piccadilly and of the furniture thereunto belonging, and to pay him The Lord Charles Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which the trustees may think proper to purchase with the said money. In case of the death without heirs male of my sons, Arthur, Marquis of Douro and Lord Charles Wellesley,

“Eighthly: To give my nephew, Arthur Wellesley, the eldest son of my brother The Hble. and Revd. Gerald Wellesley, by Lady Emily his wife, and the heirs male of his body, the use of my house in Piccadilly and the furniture thereunto belonging, and to pay him the said Arthur Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which may be purchased by the trustees with the said money. In case of the death of both my sons Arthur, Marquis of Douro, and Lord Charles Wellesley and of my nephew, Arthur Wellesley, aforesaid all without heirs male,

“Ninthly: To give to my nephew, Gerald Wellesley, the third son of my brother, The Honble. Henry Wellesley, by Lady Charlotte his wife, and the heirs male of his body, the use of my house in Piccadilly and the furniture thereunto belonging, and to pay him the said Gerald Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which may be purchased by the trustees with the said money. In case of the death without heirs male of both my sons and both my nephews aforesaid Arthur Wellesley and Gerald Wellesley,

“Tenthly: To give to my nephew Henry Wellesley, the eldest son of my brother, the Honble. Henry Wellesley, by Lady Charlotte his first wife, and the heirs male of his body, the use of my house in Piccadilly and the furniture thereunto belonging, and to pay him the said Henry Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which may be purchased by the trustees with the said money. My son Arthur, Marquis of Douro, will have all that has been granted to me by Parl^t., the Estate granted to me by the Cortes and King of Spain, the Pension granted to me by the King of Portugal and the Estate granted to me by the King of the Netherlands, and in case of his death without heirs male, my second son, Lord Charles Wellesley, will succeed to the same. In case of the death without heirs male of my two sons above mentioned, I leave and bequeath to my nephew Arthur Wellesley, the eldest son of my brother Gerald Wellesley, by Lady Emily his wife, and the heirs male of his body all the money which has been granted to me by Parl^t. and the estates purchased with the said money. In case of the death without heirs male of my sons aforesaid and of my nephew, the said Arthur Wellesley, I leave and bequeath to my nephew Gerald Wellesley, the third son of my brother Henry Wellesley, by Lady Charlotte his first wife, and the heirs male of his body all the money which has been granted to me by Parl^t. and the estates purchased with the said money. In case of the death without heirs male of both my sons and nephews aforesaid, I leave and bequeath to my nephew, Henry Wellesley the eldest son of my brother Henry Wellesley, by Lady Charlotte his wife, and the heirs male of his body all the money which has been granted to me by Parl^t. and the estates purchased with the said money.

“I request the trustees appointed by Parl^t. to carry into execution the objects of the different Grants made to me, to be the Guardians of my sons. I wish them both, as well as my nephews above mentioned, to serve the King in his Army and that they should receive the best education which can be given to them in order to qualify them to do so with advantage to the King and honour to themselves. They should therefore finish their studies at Eton and at one of the Universities, besides obtaining a knowledge of the Sciences necessary for those who enter the Military Profession.

“I wish my Secretary, Col. Hervey, to take charge of my Private papers at Paris and to burn such as he may think proper.

“Wellington (LS).

“Signed and Sealed at Paris on the 17th of February, 1818, in the presence of—C. Campbell, Col. and Capt. Ad Guards—Geo. Cathcart 6th D.G.—Arthur Hill Capt. 2nd Drag^ns.”