Will of John Quincy Adams

John Quincy Adams died February 23, 1848. His will is in part as follows:

“Know all men by these presents, “that I, John Quincy Adams, of Quincy in the County of Norfolk and Commonwealth of Massachusetts, Doctor of Laws, do make, ordain, publish and declare this to be my last will and testament hereby revoking all wills by me heretofore made and particularly one made on or about the 30th day of October, 1832, the last will made by me preceding the present, which has become mislaid among my papers so that I cannot find it; I therefore revoke and annul the same in all and every particular of the same; of which said will, as far as my memory retains it, Joseph Hall, Edward Cruft and James H. Foster were subscribing witnesses.

“1st. I do hereby constitute and appoint my only surviving son Charles Francis Adams of Boston Esquire, my sole Executor for all my property in this Commonwealth or in the District of Columbia or elsewhere; and I direct him hereby to take out Letters of Administration as well in the County of Norfolk in this Commonwealth as in the County of Washington in the District of Columbia, and if necessary in the State of Pennsylvania, so that he may administer upon any property, real, personal or mixed pertaining to me in any part of the United States at the time of my decease, and I hereby constitute my said son residuary Legatee of all property, real, personal and mixed belonging to me, not otherwise disposed of by this will.

“2nd. But in the event of the decease of my said Son, which God forbid, my beloved wife still surviving, I do hereby constitute her the Sole Executrix of all my goods, estate and property not previously administered, with such assistants as she may name and as may be assented to by the Judge of Probate of the County wherein my said will may be proved and approved.”

He gives and bequeaths to his beloved wife Louisa Catherine Adams, his dwelling house and lot in the city of Washington, and the dwelling house and farm at Quincy “including the lots of Salt Marsh heretofore leased in Connexion therewith.”

He also gives to his wife the dwelling-house and land situated on F. Street in the city of Washington, being his residence in the capital.

He gives to his said wife the furniture in the dwelling-house at Quincy, with the exception of such articles as are specifically otherwise bequeathed, also all carriages and horses, china, plate and plated ware, as well at Quincy as at Washington, excepting such articles thereinafter otherwise bequeathed, and all the wines in the cellars and closets in dwelling-houses in both places.

He gives to his said wife in lieu and as a full equivalent for her right of dower in all the rest and residue of his real estate, whether in Massachusetts or in Washington, or elsewhere, provided she consent to renounce the same, the sum of $2000 per annum, to be paid to her during her natural life, constituting the same a charge upon his estate, to be paid to her in cash every year she may live.

To his son, Charles Francis Adams, he gives all shares and certificates of stocks in the Middlesex & Quincy Canals, Braintree and Weymouth Turnpike, Banks, Insurance Companies, Markets and Hotels; also all interest in mortgages upon real estate and city stocks, and generally all and singular the personal property of every description, not otherwise bequeathed, in trust upon the following conditions and for the following purposes: That he shall, “during the natural life of my said wife, Louisa Catherine Adams, pay over to her one entire third part of the revenue in each and every year; and of the remaining two-thirds of said revenue, he shall reserve one-half to himself and his own use and behoof, and of the other half he shall pay over to my daughter-in-law, Mrs. Mary Catherine Adams one moiety thereof during her natural life, and the remaining moiety to my granddaughter, Mary Louisa Adams, daughter of my son John Adams, deceased, and said Mary Catherine.”

Upon the death of his wife, Louisa Catherine Adams, a division is to be made of the principal of the personal property thus held by his son and executor, by which one-half is to be given to his said son Charles Francis Adams, and of the income arising from the other half of the same, the sum of $6000 is to be paid to his daughter-in-law, Mary Catherine Adams, and the remainder of said income and proceeds shall be paid to his granddaughter, Mary L. Adams, during the natural life of her mother, and “upon the decease of her mother the whole of said half part of said property as well as all other personal property held in trust by said executor for the benefit of said Mary L. Adams” is to be settled upon said Mary L. Adams by said executor.

He gives to his son, Charles Francis Adams, his estate at Mount Wollaston in the town of Quincy, with the dwelling-house and barns thereon situated.

He gives to his son, Charles Francis Adams, and the heirs of his body all the rest and residue of real estate, including all wood lots, quarry lands and salt marsh, of which he shall die seized within the limits of the towns of Quincy, Braintree or Milton: “Provided there be secured to be paid by said son, the principal sum of $20,000, said sum to be a capital for the benefit of my granddaughter, Mary L. Adams.”

He gives to his son, Charles Francis Adams, realty situated in Fremont Street and in Court Street, city of Boston, and county of Suffolk.

He gives and bequeaths to his granddaughter, Mary L. Adams, the estate in Beach Street, city of Boston, and also the estate of which he stands possessed under breach of condition of mortgage in Curve Street in Boston, “should the same become mine, as is probable, by foreclosure, in regular course of law,” also all right, title and interest he has or may have in two stores on Eastern Railway Avenue, in said Boston, over and above amounts for which they are respectively mortgaged, to her and her heirs and assigns forever.

He gives to his son, Charles Francis Adams, the estate in Weston, in this commonwealth, bequeathed to him by his friend Ward Nicholas Boylston, Esq., and the whole of his estate situated in city and county of Washington, D.C., consisting of house in F. Street, and the land appertaining, subject to life estate already granted to his wife, also store and house situated in Pennsylvania Avenue, also estate known under name of Columbia Mills, also Square numbered 592 and all other lands of which he may die seized and possessed in the District of Columbia, to have and to hold to him, his heirs and assigns, in trust, however, for the benefit of his granddaughter, Mary L. Adams.

He constitutes and creates a charge upon all various devises of real estate made for the benefit of his granddaughter, Mary L. Adams; that out of the annual proceeds, rents and profits of same there be paid during the life or widowhood of his mother, Mary Catherine Adams, the sum of $600 in each and every year to the said Mary Catherine Adams.

He gives to Elizabeth C. Adams, Isaac H. Adams, John Quincy Adams and Joseph H. Adams, surviving children of his brother, the late Thos. B. Adams, of Quincy, the house and farm in Braintree and house and farm in Medford, which were mortgaged to him by said brother, and of which he had taken legal possession for breach of condition of said mortgage.

He gives his library of books, manuscript books and papers and those of his father and all his family pictures, except such as may be therein otherwise specifically devised to his son, Charles Francis Adams, “trusting that his mother shall at all times have the use of any of the books in the library at her discretion”; and recommends that his said son, as soon as suits his own convenience, shall “cause a building to be erected, made fireproof, in which to keep the said library, books, documents and manuscripts safe, but always to be subject to his convenience,” and especially recommends to his care the said library, manuscripts, books and papers, and that he will as far as may be in his power keep them together as one library to be transmitted to his eldest son as one property to remain in the family, and not to be sold or disposed of as long as may be practicable, being always confided to the faithful custody of the person holding the legal title in the same.

He gives to his granddaughter Mary L. Adams, “Portrait of my father, painted by Stewart and all the other family portraits now in house in F. Street which I occupy.”

He gives to the people of the U.S. of America an ivory cane presented to him by Julius Pratt of Meriden in Connecticut and by him deposited in the custody of the Commissioner of Patents at Washington to remain in his custody until called for by him, the said cane bearing on it an inscription in honor of the repeal by the House of Representatives of a bill prohibiting the reception of petitions on the subject of slavery, December 3, 1844.

He gives to his grandson, John Quincy Adams, son of Charles Francis Adams, “a gold-headed cane cut from the timbers of the frigate Constitution and presented to me by Minot Thayer, Samuel A. Turner, Ebenezer T. Fogg, Solomon Richards and Harvey Field, Committee, April 1st, 1837, on the head of which is engraved the members of the House of Representatives of Massachusetts from the several towns of my District in the year 1837, in token of their sense of my public services in defending in the Congress of the United States the right of petition of the people of the U.S. in that body; and I request my son to have the custody of this bequest until his said son John Quincy shall come of age.”

“20th. I give and bequeath to my grandson Charles Francis Adams second son of my son, aforesaid, a cane also cut from the timbers of the frigate Constitution, and given to me by its Commander Commodore Isaac Hull in the year 1836, which is marked upon a silver ring immediately under the head of said cane.

“21st. I give to my grandson Henry Brooks Adams, third son of my son aforesaid, a cane made of olive from Mount Olivet in Jerusalem, given to me by my nephew Joseph Harrod Adams by whom it was caused to be cut on the spot, he being personally there as an officer of the United States.

“22nd. I have given to my daughter A. B. Adams, wife of my son Charles Francis Adams, the portfolio of engravings of pictures of Colonel Trumbull, presented to me by him. I now give to her a silver tankard which was my mother’s, from her grandfather John Quincy—also the portrait of the said John Quincy at two years of age now in her house at Quincy, and that of his mother, being Anna Shepard, daughter of the celebrated Thomas Shepard, minister of Charleston, by whom the estate at Mount Wollaston was bequeathed by will to the said John Quincy. These pictures were given to me by will of Norton Quincy, only son of the said John Quincy.

“23rd. I give and bequeath to my friend the Reverend Dr. Nathaniel L. Frothingham, a seal with a device of an oak acorn, and the motto ‘alteri seculo’ as a small token of my personal esteem and friendship for him.

“24th. I give and bequeath to my friend Dr. George Parkman of Boston a seal enchased with the image of General George Washington as a small token of the esteem and affection which I bear to him.

“25th. I give and bequeath to my grandson John Quincy Adams my Chronometer made by French, bearing his initials, being the same as my own, to be kept by his father until he shall think proper to deliver it to him.

“26th. I give to my granddaughter Mary Louisa Adams, my seal bearing a Lion engraved upon a Silesian stone, which I had engraved there at the time of my tour through that country; the gold medal presented to me by the Corporation of the City of New York struck on the opening of the Grand Canal, the silver cup with the inscription ‘Circes pocula nosti’—and the seal engraved on a Sardonyx with my cipher on one side and the Boylston arms on the other. I give all other medals, coins, or presents of small value which I have received, a silver wafer box, and pair of portable candlesticks, my own cushion, seal at arms on a cornelian and my seal with the device of the Eagle and Lyre to my son Charles Francis Adams. Also a bronze medal given to me by Commodore Jesse D. Elliot struck by his order in honor of Thomas Cooper Esqr. and also another medal in silver which he directed to be given to the historical society of Rhode Island, refused by that society shortly before his death and held by me subject to their order. Also the history of the Croton Aqueduct a present from the City of New York.

“27th. I give to my daughters in law Mary Catharine Adams, widow of my son John Adams, and to Abigail Brown Adams, wife of my son Charles Francis Adams, one hundred dollars each to purchase some permanent token of remembrance of me which they may leave to their daughters; and I further give to my said daughter Mary Catherine Adams the clock with the device of Penelope in my chamber at Washington.

“28th. I give to my nephew and namesake John Quincy Adams my small seal with my cipher engraved upon a cornelian; and a pair of gold sleeve buttons, with the motto ‘aequam memento servare memtem’ which I wore when I was President of the United States.”

He gives to each of his two granddaughters, Mary Louise Adams, daughter of his son, John Adams, deceased, and to Louisa Catherine Adams, daughter of his son, Charles Francis Adams, one-half of the sums deposited in his name in the Institution for Savings in the City of Boston, the said sums to remain on deposit there until the thirteenth day of August 1852, when the younger of the two would, if living, attain the age of twenty-one years.

“30th. I also give to my son Charles Francis Adams and to his heirs and assigns the Pew numbered Fifty four in the Stone Meeting house at Quincy, also the Pew in the Gallery Numbered Five, and the family tomb in the grave yard opposite the said meeting house.

“31st. I also give to my wife Louisa Catherine Adams the pew which I own in St. Johns Church at Washington, and also the pew which I own in Christ Church at Quincy.

“32nd. I give and devise to the supervisors of the Adams Temple and school fund at Quincy all the remaining pews in the Stone Meeting house at Quincy of which I retain the property to be by them held or sold as in their judgment shall be deemed best; and the proceeds of the same shall be applied to the erection of a stone school house over the cellar which was under the house formerly built by the Reverend John Hancock, conformably to the deed of gift of my deceased father John Adams, of the twenty fifth of July in the year eighteen hundred and twenty two to the Inhabitants of the Town of Quincy.

“33rd. I give and bequeath to my cousin Louisa Catherine Smith the sum of fifty dollars per annum as an annuity to be paid by my Executor during her life and as a slight token of my regard for her.

“In testimony whereof I have hereunto set my hand and seal at the City of Boston this Eighteenth day of January in the year of our Lord eighteen hundred and forty seven.

“John Quincy Adams.”

Will of Captain John Alden

The gravestone of Captain John Alden, who died at Boston, Massachusetts, on the 14th day of March, 1702, at 5 o’clock in the afternoon, at the age of seventy-five, is now in the porch of the New Old South Church. He was the son of John Alden who was engaged in making repairs on the Mayflower at Southampton, and sailed in her with the Pilgrim Fathers, afterwards marrying Priscilla Mullens, whose name is familiarized by Longfellow’s poem, “The Courtship of Myles Standish.”

Captain John Alden’s will is dated the seventeenth day of February, 1701. He directed that his body should be decently buried, at the discretion of his executors in said will named. After the payment of his just debts and funeral expenses and legacies, the remainder of his estate in “housing, lands, money, plate, debts, goods & moveables wheresoever lying or to be found,” was to be divided into five equal parts or shares: one part was to be given to his son, John Alden, and the remaining fifths divided among other children and grandchildren. And his children are given the liberty of using his kitchen “for washing, brewing and baking” and all his garden “for the hanging and drying of their cloathes.”

Will of Benedict Arnold

Benedict Arnold, the traitor of his country, died in London, June 14, 1801. Any one interested in seeing the original of his will can find it in the Recorder’s Office at Somerset House, London. As many of our readers will be interested in knowing how he ended his days, his last will is here given in full:

“I, Benedict Arnold of the city of London, being of sound mind and memory, do make and constitute this my last will and testament in manner following:

“Imprimis. It is my will that all my just debts and funeral expenses be first paid, the latter I request may be only decent, but by no means attended with any expense that can be possibly avoided.

“Item. I give to my sister Hannah Arnold forty pounds sterling per annum during her natural life, to be paid to her annually out of the interest of such monies or income of such estate as I may die possessed of, provided she shall and does give up to my heirs or executors all obligations that she may have against me and also does relinquish all claims against my estate except for the annuity before mentioned.

“Item. I give and bequeath to my sons Richard and Henry all sums of money that they are in anywise indebted to me and having in the course of the last and present year written to them to draw Bills of Exchange upon me in London for the following sums of money, vizt: one hundred and eighty pounds sterling (to make up a sum of three hundred pounds part of which I have paid to them) to enable them to build and stock their farm in Canada, also two hundred and thirty pounds sterling to enable them to pay two protested Bills as also three hundred and sixty pounds sterling to enable them to pay all their debts due in January 1801, to the total amount adding these sums, of seven hundred and seventy pounds sterling. I give and bequeath the before mentioned sums of money to my sons Richard and Henry equally, and it is my will and pleasure that their Bills of Exchange for the before mentioned sums be honored by my executors and paid out of the estate I may die possessed of.

“Item. I give, devise and bequeath to my beloved wife, heirs, executors and administrators all my estate both real and personal that I may die possessed of, after paying my debts and legacies as before and hereinafter mentioned, for her own use and benefit during her continuing a widow and to be disposed of among all my children at her death, as she may think proper not doubting her doing them all equal justice; but should she marry again, then it is in that case my will and pleasure that all my property shall be divided among my children upon her second marriage, and in that case I do hereby give, devise and bequeath all my estate both real and personal that I now have or may die possessed of to my children to be divided among them in such equal proportions as my beloved wife shall think just and proper, consideration being had for the sums of money that they have already received and that have been expended upon them for their education &c; and consideration being also had to their respective ages and situations in life not doubting that she will do them all equal justice as she well knows it is and has always been my intention (as my affection has been equally divided amongst them) to make an equal provision for them all.

“Item. I give, devise and bequeath to John Sage, now in Canada living with my sons there (being about fourteen years of age) twelve hundred acres of land being part of a Grant of thirteen thousand four hundred acres of land made to me as an half-pay Officer for myself and family by Order of the Duke of Portland by his letter directed to Peter Russel Esquire President of the Council in Upper Canada, dated the 12 June 1798, which said 1200 acres of land I give to him to be counted altogether in one place out of the before mentioned grant as my executrix may judge equal and fair. I also do hereby give and bequeath to the said John Sage twenty pounds per annum to be paid to my sons Richard and Henry for his use for board cloathing and education until he shall be of the age of twenty-one years, to be paid out of the estate I may die possessed of. I also give and bequeath to the said John Sage fifty pounds, to be paid to him when he shall attain the age of twenty one years. I do hereby constitute and appoint my beloved wife sole Executrix to this my last will and testament and in case my wife should marry again or die intestate I do hereby constitute and appoint Miss Ann Fitch and Miss Sarah Fitch of Devonshire Street joint trustees to manage my estate and carry this my will into execution, and they are hereby authorised (should it be necessary to sell any part of my real estate for that purpose) to give receipts to the purchasers for the purchase money, which shall be considered as good and valid; but should my wife die intestate I do hereby give, devise and bequeath to all my children all my estate both real and personal that I may die possessed of, after paying my legacies &c. to be divided among them in the following manner, vizt: the whole to be divided into twelve equal shares & to Sophia I give four shares, to William I give two shares, to George I give two shares, and to Richard, Henry, Edward and James I give each one share, and I do hereby appoint the before named trustees to see the same carried into execution, and I do hereby constitute and appoint my beloved wife sole Executrix of this my last will and testament, in witness whereof, I have hereunto set my hand and seal in London this 30th day of August in the year of our Lord one thousand eight hundred.

“Benedict Arnold.”

Will of John James Audubon

John James Audubon died January 27, 1851. His will is a short document and is as follows:

“In the Name of God Amen.

“I, John James Audubon of the City and State of New York do make and publish this my last Will and Testament as follows:

“1st. First: I order and direct that all my just debts and funeral expenses be paid as soon after my decease as conveniently can be done.

“2d. Second: I give devise and bequeath to my wife Lucy Audubon and to my two sons Victor Gifford Audubon and John Woodhouse Audubon all my real and personal property of whatever nature or kind soever excepting my household furniture articles of silver and silver plate share and share alike.

“3rd. Thirdly: I give, devise and bequeath to my wife all my household furniture articles of silver and silver plate.

“Lastly. I nominate, constitute and appoint my said two sons Executors and my wife Executrix of this my last Will and Testament hereby revoking and annulling all other and former Wills by me made.

“In witness whereof I have hereunto signed my name and affixed my seal this nineteenth day of April in the year of our Lord one thousand eight hundred and forty one.

“John James Audubon.”

Will of Phineas Taylor Barnum

Phineas Taylor Barnum died April 7, 1891. The Probate Court of Bridgeport, Connecticut, will, on request, furnish you with a copy of his will; it would seem that printer’s ink is used by Barnum’s executors, following the testator’s example, for the will is in the shape of a booklet containing fifty-three pages, and is the most lengthy testamentary document which has come under our observation. The legacies and gifts under it exceed one hundred and fifty in number and several million dollars in amount. Then are added to the will, eight codicils of unusual length and of great particularity. The will itself is dated the 30th day of January, 1882, the last codicil, the year in which he died, 1891.

By the will, the testator gives an annuity of $9000 to his wife, Nancy, together with the use of certain personal property; there is also given her, the use for life of his residence, “Waldemere,” which was a villa in imitation of the Brighton Pavilion. He says: “I love the pleasant city of my adoption (Bridgeport), and ardently hope for its moral and material improvement; a large share of my income, during my residence here of nearly forty years, has been devoted to its public and private charities, and to improving and developing its parks, avenues, and its waste places, erecting houses, factories, &c. Having thus preferred to see my money used here, under my own eyes, rather than to leave it to be used by others.” There is an annuity of $1500 given a daughter, Helen, during her natural life, subject to certain legacies and annuities; the residue of his estate is placed in the hands of trustees to be divided equally between a daughter, Caroline C. Thompson, the children of a deceased daughter, Pauline T. Seeley, and the children of a daughter, Helen M. Buchtel. The old family Bible, the bust of Jenny Lind, and the contract with Jenny Lind, are given to his daughter, Caroline: seven gifts of books are made to publishers, “as a faint recognition of the Public Press, to which I am so much indebted.”

From the profits of the “show business,” the executors are directed to reserve a fund of $200,000, “to meet the outlays yearly required for the successful prosecution of said business in an honorable, respectable and strictly moral manner with a view to refine and elevate such recreations and to edify and instruct as well as innocently amuse those who attend them; and the agents employed for the purpose must be qualified and of temperate habits, and undoubted integrity.”

By the first codicil, a diamond stud is given to his wife, Nancy, to be hers absolutely: numerous bequests are made, many of them for charitable purposes, including an endowment fund for “Barnum Institute” for scientific purposes. The testator states, that having no son, the name Barnum will not be continued, and on condition that his grandson, Clinton H. Seeley, will call himself Barnum Seeley, and take legal steps to change his name, he is to receive $25,000.

In codicil number two, numerous bequests and legacies are made, and an estimated value of three million dollars is placed on his estate. Reference is made to a gift of $2500 for “preaching the Gospel and distributing Universalist Literature.”

Codicil number three revokes certain provisions of codicil number one.

Codicil number four contains legacies to Tufts College, the Barnum Museum of Natural History, Bridgeport Scientific Society, and other institutions, including the “Boys’ Club” and “Girls’ Club” of Bridgeport.

Codicil number five gives to the city of Bridgeport $1000 for the erection of a statue of Henry Bergh, the founder of the society for the prevention of cruelty to animals. To his wife, Nancy, he gives, absolutely, $100,000 and $40,000 a year during her natural life, these in lieu of the legacies and annuities given her by the will and former codicils.

Codicil number six directs that Thomas Ball, a sculptor, of Florence, Italy, be consulted with reference to a piece of ornamental statuary to be placed on the testator’s burial lot, not to exceed in cost $8000.

Codicil number seven gives $500 to his family physician, as a mark of gratitude.

Codicil number eight mentions the erection of a building in Bridgeport, to be known as “The Barnum Institute of Science and History.”

Will of Henry Ward Beecher

Henry Ward Beecher died March 8, 1887. His will is as follows:

“In the Name of God, Amen.

“I, Henry Ward Beecher, of the City of Brooklyn, and State of New York, hereby revoking all, other and former Wills by me heretofore made, do make, publish and declare this to be my last Will and Testament.

“I. I hereby authorize and direct my Executors, or such of them as shall qualify, upon my death to collect and receive the amount of my life insurance, to invest the same, and to pay the proceeds of such investment to my wife during her life, in equal quarter yearly payments.

“II. I hereby give, bequeath and devise unto my executors, or such of them as shall qualify, the rest, residue and remainder of my estate, both real and personal, of every kind, in trust for the benefit of my children. And I hereby direct that my said Executors, distribute and apportion my said estate, among my said children, in such manner and form, and at such time or times, as shall in their Judgment be for the best interest of my said children; giving unto my said Executors full powers to sell and Mortgage such and so much of my real and personal property, as they shall deem best, and to invest or distribute the proceeds of such sale or sales, as herein provided.

“III. It is my Will, that, if any of my said children should die, before the complete distribution of my estate as above provided, leaving issue them surviving, that such issue shall stand and take in the place and stead of their parent, taking per stirpes, and not per capita.

“IV. I hereby nominate, constitute and appoint my sons, Henry B. Beecher, William C. Beecher and Herbert F. Beecher, all of Brooklyn, New York, and my son-in-law, Rev. Samuel Scoville, of Norwich, New York, the Executors and Trustees of this my will, and it is my will that no bonds shall be required of them or either of them.

“July 11th 1878. “Henry Ward Beecher.”

Will of Thomas H. Benton

Thomas H. Benton died April 10, 1858. His will is as follows:

“I, Thomas H. Benton of the State of Missouri, now in the City of Washington in the District of Columbia, do make and publish this my last will and testament, hereby revoking any and all wills made by me at any time heretofore.

“I hereby constitute and appoint my sons in law William Carvey Jones, John C. Fremont and Richard Taylor Jacob, and my friends Montgomery Blair and Samuel Phillips Lee, to be executors of this my last will and testament.

“After the payment of my just debts and charges, should there be any such at the time of my death, I dispose of my estate as follows:

“I give, devise and bequeath to my said executors and the survivor of them, and the heirs, executors, administrators and assigns of such survivor, my house and lot on C Street in said Washington city, now occupied by me, with all my furniture and other personal property, except my books, in trust to hold the same to the sole and separate use of my daughter Mrs. Eliza P. C. Jones, free from any control by, or liability for or on account of, her present or any future husband, and subject to such direction as to the disposition of the same as she may at any time give in writing to my said executors and trustees or to any of them; and should she in writing direct the said property, or any part thereof, to be commuted for other property, then to hold the property so received in commutation on the same trust as aforesaid. It is my intention and will that my said daughter Mrs. Eliza P. C. Jones may, if she be so pleased, direct the property hereby devised in trust for her, or any part thereof, to be sold, and receive and enjoy the proceeds of such sale.

“I give and bequeath all my library of books to my said son-in-law William Carvey Jones.

“I hereby will and direct that out of the first moneys which may be paid to my estate under subsisting contracts for a certain number of years with Messrs. Appleton & Co. of New York, publishers of my literary works, and out of the first proceeds of the sale thereof, my said executors shall pay to my daughter Mrs. Eliza P. C. Jones the sum of ten thousand dollars, and to my daughter Mrs. Susan T. Boileau the sum of five thousand dollars, or invest the same in trust for their sole and separate use respectively, as they may respectively direct,—and that my said executors shall divide the residue of the moneys which may arise, as the same shall be received from my literary works, equally among my four daughters Mrs. Eliza P. C. Jones, Mrs. Jessie Ann Fremont, Mrs. Sarah McD. Jacob and Mrs. Susan T. Boileau, or invest the same in trust for their sole and separate use respectively, as they may respectively direct.

“And I hereby will and direct that it shall be competent for any two of my aforesaid Executors and Trustees, to do any act in relation to the premises which the whole five could do. In witness whereof I have hereto set my hand and seal this thirteenth day of September in the year eighteen hundred and fifty-seven.

“Thomas H. Benton.”

Will of James G. Blaine

James G. Blaine died January 27, 1893. His will is a brief instrument, and is as follows:

“I, James G. Blaine of Augusta in the State of Maine, at present residing in the City of Washington, D.C., being of sound and disposing mind and memory do make, publish and declare this to be my last will and testament hereby revoking all former wills by me at any time made.

“1. I direct my executor hereinafter named to pay my just debts and funeral expenses.

“2. I give and bequeath to my daughter Margaret, to my son James, and to my daughter Harriet, to each the sum of fifty dollars:

“3. I give and bequeath to my grandchildren Emmons Blaine, Blaine Coppinger and Conor Coppinger, to each the sum of twenty five dollars:

“4. All the rest and residue of my property, real, personal or mixed wheresoever situate which I now own or may hereafter acquire and of which I shall die seized or possessed I give, devise and bequeath absolutely and in fee simple to my wife Harriet S. Blaine, her heirs and assigns forever:

“5. I name, constitute and appoint my said wife Harriet S. Blaine, Executrix of this my last will and testament, and I request that my Executrix be not required to give bond for the performance of her duty as such.

“Witness my hand this seventh day of January A.D. 1892.

“James G. Blaine.”

Will of Edwin T. Booth

Edwin T. Booth died June 7, 1893. His will is as follows:

“I, Edwin Thomas Booth, Actor, do make, publish and declare this my last Will and Testament.

“First: I order and direct that all my just debts be paid as soon after my decease as may be practicable.

“Second: I give and bequeath to my Brother Joseph A. Booth, Ten thousand ($10,000) dollars.

“To my niece Marie Booth Douglass, Ten thousand ($10,000) dollars.

“To my nieces and nephews Asia, Clarke Morgan, Andrienne Clarke, Junius B. Booth, Sidney Booth, Creston Clarke and Wilped Clarke, to each Five thousand ($5000) dollars.

“To my Cousins Charlotte Mitchell of Baltimore and Robert Mitchell of North Carolina, to each, Twenty-five hundred ($2500) dollars.

“To my friend Mrs. Maria Anderson, Five thousand ($5000) dollars.

“To my friends John H. Magonigle and his wife Catherine, to each Ten thousand ($10,000) dollars.

“To my friend Mrs. Margaret Devlin, a sister of Mrs. Catherine Magonigle, Five thousand ($5000) dollars.

“To the ‘Actors Fund,’ the ‘Actors Order of Friendship,’ both of the City of New York, the ‘Actors Order of Friendship’ of Philadelphia, the ‘Trustees of the Masonic Hall and Asylum Fund of New York’ and the ‘Home for Incurables’ at West Farms, New York, to each, Five thousand ($5000) dollars.

“Third. I order and direct that my Executors transfer and convey all the rest, residue and remainder of my estate, real and personal to the Central Trust Company of New York, as Trustee for the following uses and purposes: That said Trustee invest and re-invest the same and pay the income thereof to my daughter Edwina Booth Grossmann during her natural life and upon her sole and separate receipt, and that upon her decease the said Trustee divide the said principal of said Trust together with the income accrued thereon into as many parts as my said daughter shall leave children her surviving, the issue of any deceased child of my said daughter counting one in making such division and pay the income of one of such portions to each of her said children until he or she shall attain the age of twenty one years, in which event, the principal of such portion shall be paid to him or her.

“In the event any of her children shall die before attaining the age of twenty one years without leaving issue the portion which he or she would have received if living at that age, shall be divided, added to and disposed of as part of the portions of the other children surviving or of their issue if deceased.

“The issue of any deceased child of my said daughter shall in every event take what its parent would have taken if living at the time of the decease of my daughter.

“Fourth: I authorize and empower my Executors or any of them who may qualify as such Executors their survivor or survivors, successor or successors to sell and convey at Public Auction or private sale and upon such terms as they may approve any or all of the real or personal estate of which I shall die possessed wheresoever the same may be situate.

“Fifth: I authorize and empower my Trustee hereinbefore named or its successor in said Trust, to hold and retain any security, bonds, stocks or investments of which I shall die possessed as part of the said Trust fund to be held by it under this my Will.

“Sixth: I hereby nominate and appoint my friends Elias C. Benedict, William Bispham and John H. Magonigle, all of New York City, Executors of this my last Will and Testament hereby revoking all other and former Wills by me made and I request that no bond or other security be required from my said Executors for the faithful performance of their trust.

“In Witness Whereof I have hereunto signed my name and affixed my seal this Fifteenth day of June A.D. 1892.

“Edwin T. Booth.”

Will of David J. Brewer

David J. Brewer, late Chief Justice of the United States, died on March 29, 1910.

His will, together with a codicil thereto, is as follows:

“In the name of God; Amen—

“I David J. Brewer being of sound mind & memory do make publish & declare the following to be my last will & testament—

“Item First—

“I give & devise my home No. 1923—16th Str. N. W. Washington D.C. to my wife Emma M. Brewer—the legal title is now in her—Probably this is sufficient, but as most of the cost was paid by me, I make this devise to avoid all question—

“Item Second—

“I give devise & bequeath to my daughters Harriet B. Jetmore, Henrietta B. Karrick & Elizabeth B. Wells, share & share alike, my cottage at Thompson’s Point with all the personal property in or connected with it—On the 35th anniversary of my marriage to my then wife Louise L. Brewer I deeded this property to her—whether such a deed from husband to wife is good under the laws of Vermont I do not know & so make this devise & bequest to avoid all question of our children’s full title—

“Item Third—

“I have $30,000 life insurance which was made payable to my wife Louise L. Brewer—I find in the several policies different provisions respecting the beneficiaries in case of her death—To carry out the intent with which these policies were taken out I give & bequeath to my said daughters, share and share alike, those policies & all sums which may be due thereon—The policy in the N. Y. Mutual provides for a 20 year 5 per ct. gold bond—I desire that this be taken out in the name of Harriet B. Jetmore & be her share in said life insurance—I prefer a registered bond if obtainable—

“Item Fourth—

“I give & bequeath to my wife Emma M. Brewer all the furniture, including therein pictures, in my home, which has been purchased since our marriage—

“Item Fifth—

“I give & bequeath all other personal property to my said daughters share & share alike—

“I appoint my wife Emma M. Brewer & my son in law James L. Karrick to execute this my will & desire that no bonds be required of them.

“In witness whereof I have hereto signed my name this 25th day of Oct., 1906.

“David J. Brewer.”

CODICIL TO THE FOREGOING WILL

“I David J. Brewer the testator in said will attach thereto & make the following additional provisions—

“Item (1) The gold watch given me by the lawyers of Leavenworth County, I give unto my grandson David Brewer Karrick—the watch given me by my wife Emma M. Brewer I give to her grandnephew David Brewer Hall—the ring I wear on the little finger of my left hand given me by my wife Louise L. Brewer I give to my grandson David Brewer Jetmore—my scrap books & the books edited by me as well as the bound volumes of my talks & writings I give to my daughter Etta B. Karrick—the Bible given me by my wife Louise L. Brewer I give to my granddaughter Harriet Louise Jetmore—Out of my other personal property I wish my executor & executrix to select for each of my grandchildren not specifically named herein some suitable article as a special gift from grandfather—

“Item (2) I wish to be buried in Leavenworth by the side of my wife Louise L. Brewer—

“Item (3) In case of the death of my wife Emma M. Brewer before my own death then I direct that all the gifts to her are annulled & revoked & my entire property with the special bequests excepted I give devise & bequeath to my daughters share & share alike—In witness whereof I have hereto set my hand & seal this 7th day of March 1908.

“David J. Brewer.”

Will of Aaron Burr

Aaron Burr died September 14, 1836. His will is in part as follows:

“I, Aaron Burr, of the City of New York, now residing at number 23 Nassau Street, do make and publish this my Last Will and Testament as follows: I appoint Matthew L. Davis, Peter Townsend, and Henry P. Edwards, Attorney and Counsellor at Law, my Executors. I give the charge and custody of my private papers to the said M. L. Davis, to be disposed of at his discretion. I propose in a Codicil to be hereunto annexed to give a list of my debts, and to point out the resources from which they are to be paid, and I authorize my said Executors to settle all suits and claims which I may have against any person whatsoever, and to give receipts and acquittances thereupon, and to sell any land or real estate to which I may be entitled at the time of my death, and to give deeds therefor. And I do hereby revoke and annul all former and other Wills and Testaments by me made. In Testimony whereof I have hereunto subscribed my name, this twenty-first day of April, in the year of our Lord one thousand eight hundred and thirty four.

“A. Burr.”

“Witnesses:
“Charles F. Hill,
“Henry Oscar Taylor.”

There are three codicils of considerable length to this will. A part of one codicil reads as follows:

“I direct that all my private papers, except my law papers appertaining to suits now depending, be delivered to my friend, Matthew L. Davis, Esq., to be disposed of at his discretion, directing him nevertheless to destroy or to deliver to the parties interested, all such as may in his estimation be calculated to affect injuriously the feelings of individuals against whom I have no complaint.”

Another item reads:

“I give to my friend and kinsman, Theodosia Provost, the picture of my daughter, which is enamelled on a china cup, which is believed to be in the upper drawer of my yellow desk.”

Will of Benjamin F. Butler

Benjamin F. Butler died January 11, 1893. A copy of his will, together with a codicil thereto, is as follows:

“In the Name of God Amen. I, Benjamin F. Butler of Lowell, Esquire, being of sound and disposing mind and memory do make and publish this my last will and testament.

“First. After payment of all my just debts and liens—upon my estate I direct as much thereof as will raise the sum of one hundred and forty dollars nett income to be securely invested and said amount paid semi-annually to my Mother Charlotte Butler, which with the Estate upon Willow Street, of which I have given her a life lease upon a nominal Rent is all that I feel myself able to secure to my Mother for her declining years, and I hope and trust that my brother Andrew will add enough to make her independent as I have endeavored to relieve her from want. This sum to be paid her during her natural life or untill she shall recieve a pension from Government equal at least to such sum during her said life.

“Second. All the rest and residue of my estate real personal or mixed, saving some specific legacies I bequeath and devise as follows: The use and improvement of one entire and just third thereof to my wife Sarah H. Butler during her natural life whether she shall remain sole after my decease or marry again. But in case of her marriage then to be her seperate estate free from all control of her husband.

“Third. The remainder of my estate is to be equally divided between the children of myself and wife in esse at the time of my decease. The portion thereof which may go to any female child of mine to be her own seperate estate and free from all control of her husband whensoever she may marry.

“Fourth. To my Brother Andrew my seal ring with my love in token of affection.

“Fifth. To F. A. Hildreth my watch & chain and I commend to his care my wife and children; he knows my affairs and will deal justly by them; and,

“Lastly, I appoint my beloved wife sole executrix of this my last will & testament with full faith that right will be done to all.

“Signed, sealed and published as my last will and testament in presence of the witness whose names are hereto affixed this third day of July in the year one thousand eight hundred and fifty four.

“Benj. F. Butler.”

“Be it remembered that I, Benj. F. Butler, the above named testator being about to depart upon a dangerous service do alter this my last will and testament in this. Having sold the estate on Willow Street herein spoken of and bought another whereon my mother now lives, consisting of two houses one of which is now rented, I devise and bequeath to my Mother the use and improvement of all said estate during her natural life instead of the estate sold. This with the sum of money bequeathed to her or her pension will take care of her in comfort during her life.

“Witness my hand and seal, published as my last will and codicil this twentieth day of February in the year one thousand eight hundred and sixty two.

“Benj. F. Butler.”

Will of Salmon P. Chase

Salmon P. Chase died May 7, 1873. A copy of his will is as follows:

“I appoint Henry D. Cooke of Washington, sole Executor of this my last Will and Testament.

“I require that all my just debts be paid and discharged from the assets which will come into his hands.

“Of the residue it is my will that an income at Seven per cent on Six Thousand Dollars be paid to my Niece, Jane Auld, during her life, and that if her daughters survive her that the principal thereof be paid to them equally.

“It is my further will that of the residue of my Estate there be transferred to the Wilberforce University, Nine Thousand Dollars, in a bond or bonds of the Western Union Telegraph Company, and One Thousand Dollars in a bond of the Cleveland and Pittsburg Railroad Company; and to Dartmouth College Three Thousand Dollars in the bonds of the Washington and Georgetown Railroad Company, and Seven Thousand Dollars in the bonds of the Warren and Franklin Railroad Company.

“It is my will that whatever sum may be due to me from my late brother Edward I. Chase, may be wholly remitted to his widow and administratrix, of Lockport, N.Y.

“I bequeath the picture of Chief Justice Marshall, presented to me by the members of the Bar and other citizens of New York, to the United States for the use of the Supreme Court.

“It is my will that the remainder of my Estate be distributed in equal parts to my two dear Children, Katharine Chase Sprague and Janet Ralston Chase.

“I commit my Soul to the mercies of God, in Christ Jesus our Saviour, through the Holy Spirit.

“Signed and sealed in the presence of Jacobs W. Schuckers and R. C. Parsons as my last Will and Testament this 19th day of November in the year of Our Lord One Thousand Eight Hundred and Seventy.

“S. P. Chase.”

Will of Henry Clay

Henry Clay died June 29, 1852. After the usual formal opening, his will has the following provision:

“I give and devise to my wife during her life, the use and occupation of Ashland, with the exception of the piece thereof hereinafter devised to my son John, and also during her life all my slaves except those heretofore or hereinafter otherwise disposed of without her being liable to any account for the profits thereof. I also give to her in fee all my furniture, plate, paintings, library, carriages and Horses, and such of my other horses, mules, working beasts, Milch Cows and other live stock as she may select and choose to retain but upon this condition nevertheless, that either during her life, or by her last Will and Testament she dispose of the same among our children and our other descendants in such way as she may think proper according to her own sense of their kindness, affection and obedience to her. If she die without making such disposition the same is to be considered as part of my residuary estate.

“Should my wife not desire to reside at Ashland after my death I will and direct that a house and lot be purchased, built, or rented for her wherever she may prefer to dwell.”

The next provision invests his executors with full power and authority to sell and convey any part of his estate wherever situated, which is not in the will specifically devised or bequeathed. He next directs that in the event of the sale of his Ashland property, the proceeds shall be loaned out upon good and sufficient security, and that the interest accruing thereon be regularly paid to his wife during her life, and upon her death, the property in trust should pass into his residuary estate after the payment of the legacies mentioned in the will.

Unto his son Thomas, he devises the place known as Mansfield, where the son resided, in trust, however, that it should be retained free from all debts or encumbrances as a residence for the son and his wife and children.

There is given to the son, Thomas, the sum of five thousand dollars, and he was acquitted from any debts which he owed the testator.

Unto his son John, he gives two hundred acres of the Ashland estate, to be taken off the south side thereof. He also gives to his son John, certain slaves, Harvey, Milton, Henry and Bob. There is also a gift to the son John, of certain horses, particularly “Margaret Woods and her Harold filly.”

The next reference is to his son Theodore, and he directs that “during his unhappy alienation of mind, he shall be decently and comfortably supported in whatever situation it may be deemed best to place him. If it should please God to restore him to reason, I will and direct that after the death of my wife, out of the proceeds of the sale of Ashland and other property herein directed to be sold the sum of ten thousand dollars be paid to him without interest.”

Unto the children “of my lamented Daughter Anne,” he gives the sum of seven thousand five hundred dollars, to be equally divided between them to be paid without interest after the death of his wife.

Unto the children of his son Henry, he gives the sum of seven thousand five hundred dollars, in addition to what had been given their father, to be equally divided between them.

Certain general provisions of the will are as follows:

“I give to my son Thomas my stock in the Lexington and Richmond Turnpike Road Company.

“I give to my grandson Henry, son of Henry, my breast pin containing his Father’s hair.

“I give to my grandson Henry Boyle, son of my son Thomas, the gold watch which I wear presented to me by my friend Dr. Mercer.

“I give to my friend Dr. B. W. Dudley the gold snuff box presented to me by Dr. Huntt late of Washington City.

“I give to my friend Dr. W. N. Mercer my snuff box inlaid with gold said to have belonged to Peter, the great Emperor of Russia.

“I give to my friend Henry T. Duncan my ring containing a piece of the Coffin of General Washington.

“I give to my granddaughter Lucy my diamond gold ring.

“I give to each of my sons Thomas, James and John one of my walking canes to be chosen by them in the order in which I have named them; my wife may distribute the residue of my walking canes and snuff boxes among such of our descendants or friends as she may think proper.”

The next item of interest in the will is with reference to the slaves owned by Mr. Clay, and as it reflects his views upon the subject of slavery, we quote it in full:

“In the sale of any of my slaves I direct that the members of families shall not be separated without their consent.

“My will is and I accordingly direct that the issue of all my female slaves, which may be born after the first day of January, 1850 shall be free at the respective ages of the males at twenty eight and of the females at twenty five and that the three years next preceding their arrival at the age of freedom, they shall be entitled to their hire or wages for those years or the fair value of their services to defray the expense of transporting them to One of the African Colonies and of furnishing them with an outfit on their arrival there. And I further direct that they be taught to read, to write and to Cipher, and that they be sent to Africa. I further will and direct that the issue of any of the females who are so to be entitled to their freedom at the age of twenty five shall be deemed free from their birth, and that they be bound out as apprentices to learn farming or some useful trade upon the condition also of being taught to read, to write and to Cipher. And I direct also that the age of twenty one having been attained, they shall be sent to one of the African Colonies; to raise the necessary funds for which purpose, if they shall not have previously earned them, they must be hired out a sufficient length of time.

“I request and enjoin my Executors and descendants to pay particular attention to the execution of this provision of my will, and if they should sell any of the females who or whose issue are to be free I especially desire them to guard carefully the rights of such issue by all suitable stipulations and sanctions in the contract of sale. But I hope that it may not be necessary to sell any such persons who are to be entitled to their freedom but that they may be retained in the possession of some of my descendants.”

All the rest, residue and remainder of his estate, after the death of his wife, and which is not needed to pay the legacies mentioned, nor for debts,—and he states, “I hope to leave none,”—he directs shall create a trust fund, a portion of the revenue from which shall be used for the comfortable support of his son Theodore; the remainder to be divided in equal portions between the sons Thomas and James during their lives, and to their respective heirs upon their deaths. He directs that the trust fund shall be invested in loans upon good security, so that the interest may be collected annually, and the sons Thomas and James are permitted to borrow the trust fund upon proper security. The sons Thomas and James are given the power to dispose of the trust fund by will, but in default of wills, the same shall pass to their heirs, under the Kentucky law.

Within five years after the death of the testator, the Trustees are directed to place in the residuary estate the sum of ten thousand dollars, given to the son Theodore, if he fails to be restored to reason.

A codicil to the will is in the following words:

“I give to my grandson Harry Clay, son of James B. Clay my Scotch pebble seal which has on it the initials of my name.”

Will of Samuel L. Clemens (Mark Twain)

Samuel L. Clemens died April 21, 1910; his will is dated August 17, 1909. He directs the payment of his just debts and obligations, and his funeral expenses. Article Second reads:

“I give and bequeath to my daughter Clara Langdon Clemens, her heirs, executors, administrators and assigns absolutely, five per cent (5%) of any and all moneys which at the time of my death, may be on deposit to my credit, and subject to withdrawal on demand in any bank or trust company, or in any banking institution.”

Article Third is identical, except his daughter Jean Lampton Clemens is named.

Article Fourth provides that all the rest, residue and remainder of the estate shall vest in three trustees for certain trust purposes. The Executors and Trustees named are Jervis Langdon, of Elmira, New York, Edward E. Loomis and Zoheth S. Freeman, both of New York City, and no bond is to be required of them as Executors or Trustees.

The residuary estate is divided into two equal parts for the benefit of the daughters, they to receive respectively, one-half of the income as long as they live: each daughter is given the right to dispose of her part of the estate, but failing to do so, and leaving issue, then such issue to take the mother’s share: but either dying without issue surviving, without leaving a last will, then that share to be held by the trustees for the other daughter: and should either daughter become entitled to the whole estate by the death of the other, then the trustees, at her death, are to convey the whole trust estate to such persons as she may by will direct, but in the event the estate is not disposed of by will, then the trustees are to convey it to the next of kin of the surviving daughter.

Each executor and trustee is given one vote in determining questions of administration, and full power is given them in the management, control and disposition of the estate.

The last article of the will reads in part as follows:

“As I have expressed to my daughter Clara Langdon Clemens, and to my Associate, Albert Bigelow Paine, my ideas and desires regarding the administration of my literary productions, and as they are especially familiar with my wishes in that respect, I request that my executors and trustees above named confer and advise with my said daughter Clara Langdon Clemens, and the said Albert Bigelow Paine, as to all matters relating in any way to the control, management and disposition of my literary productions, published and unpublished, and all my literary articles and memoranda of every kind and description, and generally as to all matters which pertain to copyrights and such other literary property as I may leave at the time of my decease.”

The testator then states that the foregoing suggestion as to consultation is subject to a contract with Albert Bigelow Paine for the publication of his letters and in full recognition thereof, and also subject to a contract with Albert Bigelow Paine and Harper Brothers with reference to his biography.

The testator’s daughters are the sole beneficiaries under the will.

Will of Grover Cleveland

Ex-President Grover Cleveland died June 24, 1908. The following is an abstract of the copy of his will, dated at Princeton, New Jersey, February 21, 1906, which is on file in the Office of the Register of Wills, Washington, D.C.

He directs that after the payment of all debts and funeral expenses, an appropriate monument with brief inscription, and only moderately expensive, be erected at his grave and paid for out of his estate. “I desire to be buried wherever I may reside at the time of my death, and that my body shall always remain where it shall be at first buried—subject to its removal only if it shall be absolutely necessary in order that it shall repose by the side of my wife and in accordance with her desire.”

He gives to his niece Mary Hastings, daughter of his sister Anna Hastings, the sum of three thousand dollars to be paid to her as soon as practicable after his death; and to each of the four daughters of his nephew Richard Hastings, then or lately living with his sister Anna Hastings, the sum of two thousand dollars each.

“Third. I give to my friend Richard Watson Gilder, the watch given to me in 1893 by the said Gilder and E. C. Benedict and J. J. Sinclair—and also the chain attached to the same when last worn by me.”

“Fifth. I give to Frank S. Hastings, my good friend and Executor of this will, as the most personal memento I can leave to him, the seal ring I have worn for many years, which was given to me by my dear wife, and with whose hearty concurrence this gift is made.”

To his two daughters Esther and Marion, and his two sons, Richard F. and Francis G., he bequeaths the sum of two thousand dollars each, to be paid to them respectively as they each arrive at the age of twenty-one years, and until these legacies are paid, or shall lapse, they shall be kept invested, and the income derived therefrom shall be paid to his wife, and the aggregate of said income, shall be applied by her to the support, maintenance and education of the said children in such manner and in such proportions as she shall deem best, without any liability to any of said children on account thereof. If any of the said daughters, shall before her legacy becomes payable, cease for any reason to reside with her mother, then and from that time, the income arising from the investment of her legacy, shall be paid to said daughter. In case any of the said children shall die before his or her legacy shall be actually paid, leaving a child or children, then said legacy shall be paid to said child or children, but otherwise the said legacy shall lapse and become a part of the residuary estate disposed of by the instrument.

All the rest and residue of his estate and property he gives to his dear wife Frances F. Cleveland and to her heirs and assigns forever; and he appoints her guardian of all his children during their minority.

“Eighth. I hereby appoint my wife Frances F. Cleveland Executrix, and Frank S. Hastings Executor of this my last will and testament.”

Will of Roscoe Conkling

Roscoe Conkling died April 18, 1888. His will is as follows:

“I, Roscoe Conkling of Utica, N.Y., do make, publish and declare my last Will and Testament as follows:

“I give, devise and bequeath to my wife Julia, and to her heirs and assigns forever, all my property and estate whether real, personal or mixed, and I constitute and appoint my said wife sole executrix of this my Will.

“In Testimony whereof, I hereto sign my name this 21st of June, A.D. 1867.

“Roscoe Conkling.”

Will of William W. Corcoran

William W. Corcoran died February 24, 1888. By his will, after numerous bequests and legacies to friends and relatives, he gives the sum of seventeen thousand dollars to charitable institutions in the City of Washington, D.C., and adds, “All these sums to be held and invested by the institutions to which they are severally given, and a sufficient part of the income therefrom used to furnish the inmates with the usual Christmas and strawberry festivals and feasts, commenced by my daughter about forty years ago, and continued by me to the present time.”

A cane given to the testator by the widow of General Robert E. Lee, he gives to his eldest grandson, William Corcoran Eustis, as well as his diamond shirt studs and his library.

To his grandson, George Peabody Eustis, he gives his Palmetto cane, presented to him by the citizens of South Carolina in 1874.

The celebrated Corcoran Gallery of Art in Washington, is remembered in the following language:

“In addition to the gifts heretofore made by me to ‘The Trustees of the Corcoran Gallery of Art’ in the City of Washington, and now being enjoyed by said Gallery, and which amount to about the sum of $1,500,000, I give and bequeath to ‘The Trustees of the Corcoran Gallery of Art,’ in the District of Columbia, the sum of One Hundred Thousand Dollars to be applied by said Trustees, for the purposes of said Gallery, according to a request which I shall make in writing to said Trustees.”

To the Trustees of the Louise Home of the City of Washington, D.C., he gives the sum of fifty thousand dollars, which he states is in addition to the sum of five hundred thousand dollars, already given to said institution.

To his grandson, William Corcoran Eustis, he gives “the old brick house on Bridge Street in Georgetown, D.C., built in the year 1791 by my father, and in which I was born,” with the request that the same be not sold, but that the devisee pass it by will to his eldest son.

The rest of his estate he directs shall, from time to time, be divided between his grandchildren.

The will concludes with the following items:

“I give and bequeath to my barber George Gray, the sum of One Hundred Dollars.”

“I hereby direct that all my horsehaired furniture shall be equally divided between my said grandchildren.”

Will of Jefferson Davis

Jefferson Davis died at New Orleans, Louisiana, December 6, 1889. His will is as follows:

“I, Jefferson Davis, of the County of Harrison and State of Mississippi, being of sound and disposing mind, but of such advanced age, as to suggest a near approach of death, do make this my last Will and Testament, written with my own hand and signed in the presence of three competent witnesses.

“1. I give and bequeath to my wife Varina Davis, all of my personal belongings, including library, furniture, correspondence and the Brierfield plantation (proper) with all its appurtenances, being and situated in the County of Warren, State of Mississippi, and being the same on which we lived and toiled together for many years from the time of our marriage.

“2. I give and bequeath to Mary Routh Ellis of Philadelphia, Penn., all of my right, title and interest in and to the ‘Elliston’ plantation, being and situated in the Parish of Tensas, State of Louisiana, the same being the place on which her Father resided.

“3. I give and bequeath to Mary Ridgely Dorsey, eldest daughter of William H. G. Dorsey, of Howard County, State of Maryland, all of my right, title and interest in and to the ‘Limerick’ plantation, being and situated in the Parish of Tensas, State of Louisiana, viz. the interest in and to so much of said plantation as was the property of the late Mrs. Sarah A. Dorsey.

“4. I give and bequeath to my daughter Varina Anne Davis, all the other property, real, personal and mixed, which was inherited by me from Mrs. Sarah A. Dorsey, deceased, and of which I may die seized and possessed.

“5. To my wife, Varina Davis, and to my daughters Margaret Davis Hayes, and Varina Anne Davis, as residuary Legatees, I give and bequeath all the property real, personal and mixed of which I may die seized and possessed, and which has not been disposed of by the preceding articles.

“6. I appoint my tried and true friend Jacob U. Payne, of New Orleans, La. and my son in law, J. Addison Hayes, Jr., of Memphis, Tenn. Executors of this my last Will and Testament, they to serve without bond, and to have immediate seizure and possession of all my property cotemporaneously with the happening of my death, and to each I delegate the power to select and appoint his successor, to take effect in the contingency of the death of either, before the affairs of the estate have been finally settled.

“In testimony whereof this Will written by my own hand is signed on the day and date below written, and in the presence of Frank Kennedy, R. W. Foster and A. Evans.

“Jefferson Davis.

“Saturday 20th Feb. 1886.”

Will of Stephen A. Douglas

Stephen A. Douglas died June 11, 1861. A copy of his will, together with a codicil thereto, is as follows:

“Know all men by these presents that I, Stephen A. Douglas of the City of Chicago and State of Illinois, in view of the uncertainty of life and the certainty of death at such time as an all wise Providence shall ordain, do hereby declare and subscribe the following as my will which I desire all persons to respect after my death, to wit:

“It is also my will after my said debts shall be paid, all the residue of my property, personal and real shall be divided by my executors into two equal parts, and that one part thereof shall belong to my two children, Robert M. Douglas and Stephen Douglas, and that the other part thereof, that is to say, one-half of all my property real and personal and of all moneys or debts due me shall belong to and is hereby declared to belong to my dear and beloved wife, Adele Cutts Douglas.

“It is also my will and positive direction that my said wife shall be and she is hereby declared to be the sole guardian of my said children, and that she shall have the possession, control and education of them until they shall respectively arrive at the age of twenty-one years, knowing her to be the best person in the world to perform this sacred trust.

“It is also my will that my said wife, Adele Cutts Douglas and my friend and relative, Daniel P. Rhodes, of Cleveland, Ohio, be and they are hereby declared my executors to carry this will into effect, and to that end I do hereby waive all legal process and letters of administration and dispense with any and all security on the part of my said executors and direct that they may proceed and execute this will the same that I could do were I alive.

“Having thus provided for all my worldly affairs, I commit my soul to God and ask the prayers of the good for His divine blessing.

“In testimony whereof I have hereunto set my hand and seal this 4th day of September A.D. 1857.

“S. A. Douglas.”

CODICIL ADDED JULY 30, 1859

“Be it known that I, Stephen A. Douglas, do hereby add the following supplement to the above as my last will and testament, to wit: that in event that my said wife shall have any child or children by me, whether born before or after my death, it is my will and direction that in the distribution of my estate an amount of property shall first be set apart and allotted to said child or children equal to the amount which my other children will receive from their mother’s estate, and that the residue of my property after paying all just debts shall be divided into two equal parts and one of said parts shall belong to my said wife, to her sole use and benefit and the other to my said children, born or to be born as aforesaid, in equal proportions, it being my wish and intention that such children should inherit an equal amount of property with reference to the estate from which it shall be derived.

“In witness whereof I have hereunto set my hand and seal at the City of Washington, this 30th day of July, A.D. 1859.

“Stephen A. Douglas.”

Will of Mary Baker G. Eddy

Mary Baker G. Eddy died December 3, 1910. Up to the age of fifty, her life had been a complete failure, filled with domestic misfortunes and discouraging experiences. She was an exception to the rule, that the leaders of great religious systems and reforms have been men. That late in life she exerted an astonishing influence, both in spiritual and material affairs, gained a prodigious success, and developed a wonderful personality, the world is willing to admit. Her recent death, and the popular interest in her life work and leadership in the Christian Science Church, justify the insertion of her will in full. This document is duly attested by four witnesses, the two codicils thereto each having three.

“Be it known that I, Mary Baker G. Eddy, of Concord, New Hampshire, being of sound and disposing mind and memory, do make, publish and declare this to be my last will and testament in manner and form following, that is to say;

“1. I hereby nominate and appoint Honorable Henry M. Baker, of Bow, New Hampshire, sole executor of this my last will and testament; and, having ample confidence in his ability and integrity, I desire that he shall not be required to furnish sureties on his official bond.

“2. Having already transferred and given to my son, George W. Glover, of Lead City, South Dakota, four certain mortgage deeds bought of the Farmers’ Loan and Trust Company, of the State of Kansas, and having already given him a house and lot located in Lead City, South Dakota, and monies at various times, I hereby confirm and ratify said transfers and gifts, and, in addition thereto, I give and bequeath to my said son, George W. Glover, the sum of ten thousand dollars.

“3. I give and bequeath to George H. Moore, of Concord, New Hampshire, the sum of one thousand dollars; to each of the five children of my son, George W. Glover, the sum of ten thousand dollars; to Mrs. Mary A. Baker, of Boston, Massachusetts, widow of my late brother, the sum of five thousand dollars; to Frances A. Baker, of Concord, New Hampshire, the sum of one thousand dollars; to Henrietta E. Chanfrau, of Philadelphia, Penn., the sum of one thousand dollars; to Fred N. Ladd, of Concord, New Hampshire, the sum of three thousand dollars; to my adopted son, Benjamin J. Foster, M.D., the sum of five thousand dollars; to Calvin A. Frye, of Concord, New Hampshire, the sum of ten thousand dollars, provided he continues in my service to the date of my decease; to Pauline Mann, of Concord, New Hampshire, the sum of one thousand dollars, provided she continues in my service to the date of my decease; to Joseph G. Mann, of Concord, New Hampshire, three thousand dollars, provided he continues in my service to the date of my decease; to Laura E. Sargent, of Concord, New Hampshire, three thousand dollars, provided she continues in my service to the date of my decease.

“4. I give and bequeath to the Mother Church—First Church of Christ, Scientist, in Boston, Massachusetts, the sum of fifty thousand dollars.

“5. I give and devise to Calvin A. Frye and Joseph G. Mann, above named, provided they shall respectively remain in my service to the date of my decease, the right, during the term of their respective natural lives, to occupy and use my homestead and grounds called ‘Pleasant View,’ in Concord, New Hampshire, as their residence and home, but the rights hereby conditionally granted to said Frye and Mann shall not be assignable to any other person. Said homestead and grounds connected therewith shall not be leased to, or occupied by, any persons, except as herein provided. No part of said homestead, or lands connected therewith, shall be devoted to any other uses or purposes than those of a home for said Frye and Mann during their respective lives (provided they respectively remain in my service to the date of my decease) and a home for my grandchildren according to the terms of this will and, after the termination of the rights of said Frye and Mann and my grandchildren as herein provided, as a place for the reception, entertainment, and care of Christian Science visitors and their friends, and to such other purposes looking to the general advancement of the Christian Science religion as may be deemed best by the residuary legatee. All the personal property, except my jewelry, in and about said homestead and lands shall be kept and carefully used on said premises.

“In my contract with Edward A. Kimball of Chicago, dated October 9, 1899, provision is made for the creation of a trust fund for the purpose of procuring an annual revenue or income which shall be used for maintaining in a perpetual state of repair my said homestead. A further provision is also made for that purpose in said contract. If, for any reason, sufficient funds for such purposes shall not be provided from the sources named in said contract, then I direct that my residuary legatee shall provide and expend such sums, from time to time, as may be necessary for the purpose of maintaining said homestead and grounds in a perpetual state of repair and cultivation.

“I hereby give and devise to my grandson, George W. Glover, Jr., the right and privilege of living and having a home at Pleasant View and of being supported therein in a reasonable manner at the expense of my estate while he is obtaining his education preparatory to admission to Dartmouth College, provided he shall select and choose to obtain his education at that institution. I also direct my executor to pay all of said George W. Glover, Jr.’s, reasonable expenses while at said college, giving him, in the meantime, the privilege of a home at Pleasant View.

“I also give and devise to my granddaughters the right and privilege of living and having a home at Pleasant View, and of being supported therein in a reasonable manner at the expense of my estate, while they, or either of them, are obtaining a high school education, provided they, or either of them, desire the advantages of such course.

“6. I give and bequeath to the Christian Science Board of Directors of the Mother Church—The First Church of Christ, Scientist, in Boston, Massachusetts—and their successors in office, the sum of one hundred thousand dollars, but, nevertheless, in trust for the following purposes, namely; said trustees shall hold, invest, and reinvest the principal of said fund and conservatively manage the same, and shall use the income and such portion of the principal, from time to time, as they may deem best, for the purpose of providing free instruction for indigent, well-educated, worthy Christian Scientists at the Massachusetts Metaphysical College and to aid them thereafter until they can maintain themselves in some department of Christian Science.

“I desire that the instruction for which provision is hereby made shall be at the said College, but my said trustees are hereby authorized to provide said instruction elsewhere, if, in the unanimous judgment of all said trustees for the time being, such course shall seem best. The judgment and discretion of said trustees with reference to the persons to be aided as herein provided and the amount of aid furnished to each of said persons shall be final and conclusive.

“7. I hereby ratify and confirm the following trust agreements and declarations, viz.

“(1) The deed of trust dated September 1, 1892, conveying land for church edifice in Boston and on which the building of the First Church of Christ, Scientist, now stands.

“(2) The trust agreement dated January 25, 1898, conveying to Edward P. Bates, James A. Neal, and William P. McKenzie, and their successors, the property conveyed to me by the Christian Science Publishing Society, by bill of sale dated January 21, 1898, the said trust being created for the purpose of more effectually promoting and extending the religion of Christian Science as taught by me.

“(3) The trust agreement dated February 12, 1898, specifying the objects, purposes, terms, and conditions on which the First Church of Christ, Scientist, in Boston, Massachusetts, shall hold the real estate situated at #385 Commonwealth Avenue, in Boston, Massachusetts, which was conveyed by me to said church on said February 12, 1898.

“(4) The trust agreement dated January 31, 1898, whereby certain real estate was conveyed to George H. Moore, Calvin A. Frye, and Ezra M. Buswell, and their successors, and, in addition thereto, the sum of one hundred thousand dollars, for the purpose of a Christian Science church to be erected on said real estate.

“(5) The trust agreement dated May 20, 1898, under which the sum of four thousand dollars was transferred to The First Church of Christ, Scientist, in Boston, for the benefit of the children contributors of the Mother’s room in said church.

“(6) The deed of trust dated December 21, 1895, transferring five hundred dollars to the trustees of Park Cemetery Association of Tilton, New Hampshire.

“8. I give, bequeath and devise all the rest, residue and remainder of my estate, of every kind and description, to the Mother Church—The First Church of Christ, Scientist, in Boston, Massachusetts, in trust for the following general purposes; I desire that such portion of the income of my residuary estate as may be necessary shall be used for the purpose of keeping in repair the church building and my former house at #385 Commonwealth Avenue in said Boston, which has been transferred to said Mother Church, and any building or buildings which may be, by necessity or convenience, substituted therefor; and, so far as may be necessary, to maintain my said homestead and grounds (‘Pleasant View’ in Concord, New Hampshire) in a perpetual state of repair and cultivation for the uses and purposes heretofore in this will expressed; and I desire that the balance of said income, and such portion of the principal as may be deemed wise, shall be devoted and used by said residuary legatee for the purpose of more effectually promoting and extending the religion of Christian Science as taught by me.

“Witness my hand and seal this thirteenth day of September, A.D. 1901.

“Mary B. G. Eddy.”

“Be it known that I, Mary Baker G. Eddy, of Concord, New Hampshire, do hereby make, publish and declare a codicil to my last will and testament, originally dated September 13, 1901, a duplicate of said will having been this day reËxecuted by me upon the discovery of the loss of the original, dated September 13, 1901, as aforesaid, in manner following, namely;

“1. I hereby revoke the bequest, in paragraph numbered 5 of my said will, to Joseph G. Mann, of the right to occupy with Calvin A. Frye my homestead premises known as ‘Pleasant View,’ during the lifetime of the said Mann, and I hereby bequeath unto Irving C. Tomlinson, of Concord, New Hampshire, and to his sister Mary E. Tomlinson the right during the term of their respective lives to occupy and use as a home said premises known as ‘Pleasant View,’ said occupancy and use by them to be personal to them and not assignable to any other person by them or either of them and shall be exercised with due regard to the rights of other persons named in said will, excepting said Mann, to occupy and enjoy said premises.

“2. I give and bequeath to Laura E. Sargent the sum of five thousand dollars ($5000), this legacy to be in lieu of the legacy provided for her in paragraph numbered 3 of my said will, and to be unconditional.

“3. I give, devise and bequeath to the Second Church of Christ, Scientist, in New York City, a sum not exceeding one hundred and seventy-five thousand dollars ($175,000) sufficient to pay the indebtedness which may exist at the time of my decease upon the church edifice of said Second Church of Christ, Scientist, and direct that said sum of one hundred and seventy-five thousand dollars ($175,000), or so much thereof as may be necessary for the purpose, shall be applied as soon as may be after my decease to or towards the extinguishment of said indebtedness; if the amount required for this purpose shall not be as much as one hundred and seventy-five thousand dollars ($175,000), then this legacy shall be limited to the amount actually required.

“4. I give and bequeath to Mrs. Pamelia J. Leonard, of Brooklyn, New York, the sum of three thousand dollars ($3000); to Mrs. Augusta E. Stetson, of New York City, my “crown of diamonds” breastpin; to Mrs. Laura Lathrop, of New York City, my diamond cross; to Mrs. Rose Kent, of Jamestown, New York, my gold watch and chain; and to Henry M. Baker, of Bow, New Hampshire, my portrait set in diamonds.

“5. Mrs. Mary A. Baker, to whom I have bequeathed five thousand dollars (5000), by my will, having deceased since the original execution of said will on September, 13, 1901, I hereby revoke the legacy therein provided for her.

“6. The bequest in my will to Calvin A. Frye is hereby increased to twenty thousand dollars, but subject to the same condition as therein provided.

“I hereby ratify and reaffirm my will as originally executed on September 13, 1901, and as again executed this day, in all respects except as herein modified.

“In witness whereof I have hereunto set my hand and seal at Concord, New Hampshire, this seventh day of November, A.D. 1903.

“Mary Baker G. Eddy.”

“Be it known that I, Mary Baker G. Eddy, of Concord, New Hampshire, do hereby make, publish, and declare this second codicil to my last will and testament originally dated September 13, 1901, a duplicate of said will having been reËxecuted by me on November 7, 1903, in manner following, namely;

“1. I hereby direct and require that the executor of my will shall sell, within three months after his appointment, at public auction or, if he sees fit, at private sale, for such price as he may determine upon and to such purchaser as he may see fit, my real estate in said Concord known as ‘Pleasant View,’ consisting of my homestead and the grounds occupied in connection therewith, and I hereby direct that the proceeds of such sale shall be forthwith paid over to the Directors of the First Church of Christ, Scientist, in Boston, Massachusetts, to be used for such purposes in connection with said Church as said Directors may determine. Nothing contained in my will or codicils thereto shall be considered inconsistent with said Church purchasing said real estate, if the Directors may consider it desirable so to do.

“I hereby revoke the provisions of my will and first codicil providing for the occupancy of said real estate by various persons, the preservation and maintenance thereof at the expense of my estate, and all other provisions of my will and codicil inconsistent with the foregoing direction to my executor to sell said real estate.

“2. I hereby give and bequeath to The First Church of Christ, Scientist, in Boston, Massachusetts, all the contents of my said homestead and of the other buildings at ‘Pleasant View,’—except so far as any of the same may be specifically bequeathed in my will and codicils thereto, which specific bequests I do not modify by this provision,—the same to be kept or disposed of as may be determined by the Directors of said Church; but I direct that Calvin A. Frye shall have the privilege of selecting from said articles such keepsakes or mementos, not exceeding in intrinsic value the sum of five hundred dollars, as he may desire, and I give and bequeath the same to him when so selected.

“3. I hereby direct that said Calvin A. Frye shall be provided with a suitable home in my house at No. 385 Commonwealth Avenue, Boston, if he so desires, he to have the exclusive occupancy of two furnished rooms therein, to be designated by my executor, and to have his board, suitable heat, light, and all other things necessary for his comfortable occupancy of said premises during his natural life, the expense thereof to be provided out of the income from the residue of my estate which I have left to said The First Church of Christ, Scientist, in Boston, Massachusetts.

“4. I give and bequeath to Lydia B. Hall, of Brockton, Massachusetts, the sum of one thousand dollars.

“5. I give and bequeath to Irving C. Tomlinson, of said Concord, the note which I hold signed by him, it being my intention hereby to release him from said indebtedness.

“In all other respects except as herein specified, I hereby ratify and reaffirm my will and codicil above mentioned.

“In witness whereof I have hereunto set my hand and seal at Concord, New Hampshire, this fourteenth day of May, A.D. 1904.

“Mary Baker G. Eddy.”

Burial of Mrs. Mary Baker G. Eddy

On January 26, 1911, at Boston, in a concrete grave on the shores of Lake Halcyon, in Mount Auburn Cemetery, was deposited a bronze coffin containing the body of Mrs. Mary Baker G. Eddy, the founder of Christian Science.

On the coffin rested a bronze box inclosing a complete set of the works of Mrs. Eddy, together with all recent Christian Science publications, while the silver plate beneath gave her name and the dates of her birth and death.

The ceremony was attended by the directors of the church and a score of its strongest supports. Judge Clifford P. Smith, the first reader of the First Church, read the ninety-first Psalm and the last two verses in Jude which were read at the funeral December 8, 1910.

Then the grave was sealed. Later, the spot will be marked by a mausoleum.

Since the funeral service of Mrs. Eddy the bronze coffin had reposed in the receiving tomb at Mount Auburn, with a guard beside it day and night.

That guard was relieved shortly after noon Jan. 26, when half a dozen carriages rolled up to the door of the tomb, and an hour later the coffin was drawn out and placed on the bier.

The bronze plate covering the features of Mrs. Eddy was pushed back, and one by one the little party gazed for the last time on her face. It had changed but little in the seven weeks.

In the construction of the grave the skill of engineers was invoked to make it impervious to desecration, or even to decay. The coffin rests on four feet of concrete and is incased in steel uprights.

Upon it rests the copper box with the Christian Science literature, and above are alternate layers of concrete and steel network to the level of the turf.

Will of Ralph Waldo Emerson

Ralph Waldo Emerson died at Concord, Massachusetts, April 27, 1882. His will is as follows:

“I, Ralph Waldo Emerson, of Concord, in the County of Middlesex and Commonwealth of Massachusetts, make this as my last will and testament, hereby revoking all other wills by me at any time made.

“First. (1) I give all my real estate, wherever situated, excepting only my house and homestead estate in Concord, equally to my three children Edward Waldo Emerson, Ellen Tucker Emerson and Edith Emerson Forbes, wife of William Hathaway Forbes of Milton, and their heirs. But the pasture land and wood land in Concord is given, subject to certain rights reserved for the benefit of my wife and my daughter Ellen, as hereinafter named.

“(2) I give my library to my three children equally. All my manuscripts and unpublished writings I give to my three children and the survivors and survivor of them in joint tenancy.

“(3) The copyright and plates and ownership of all my published writings I give to my son Edward; and I also assign to him for his own benefit all my contracts for the publication of said writings.

“(4) I give to my daughter Edith the book of selections known in my family as the ‘Black Anthology;’ and to the five children of my daughter Edith I give as follows:—to Ralph my watch, to Edith my bronze image of Goethe, to Cameron the cane cut at the Grotto of Egeria and given to me by my valued friend, Judge Hoar, to John my cane of teak wood, and to Edward my small brass candle-sticks and Roman lamp.

“(5) To the oldest child of my son Edward I give my sole leather trunk.

“(6) I give to my son Edward the sum of thirteen hundred dollars ($1300) and to my daughter Ellen the sum of twenty-three hundred dollars ($2300). In naming these sums and in not here giving any sum to my daughter Edith I am influenced by the fact that I have heretofore made certain advancements to Edith and to Edward at the time when they were married.

“Second.—As to all the residue and remainder of my property of every kind whatever, I give it as follows:

“(1) In case my wife should survive me (a) I give to my daughter Ellen the sum of three thousand dollars ($3000); and while I do not in this place give a like sum to Edward and my daughter Edith, because the immediate enjoyment of the property is likely to be of less importance to them, I nevertheless direct that in the final division of my property the share of Ellen shall contribute to each of the shares of Edward and Edith the sum of one thousand dollars as of the date of the payment of this legacy to Ellen; and (b) all the rest of said residue I give to my son Edward to hold it during his mother’s lifetime in trust for her benefit, to keep the income-bearing part of the property well invested, to pay all taxes and to make all necessary or proper repairs, and to pay over the net income and proceeds of the property, quarterly or oftener as may be convenient to my wife, during her life. As to the house and homestead estate in Concord and all the furniture, plate, pictures and other articles of household use or ornament therein, except what is herein otherwise disposed of, the trustee is to take care that my wife has the full use and enjoyment thereof during her life, and he shall also provide wood for her use at the house from the Concord woodlots and pasturage on the Concord farm for the cows.

“(2) In case my wife should not survive me, and also in the event of her death, if she should survive me, I give all the said residue of my property not otherwise disposed of, as aforesaid, equally to my three children and their heirs, executors and administrators. But I qualify this division in two particulars: first, the share of my daughter Ellen shall contribute to the shares of Edward and Edith in case of the payment of said legacy of three thousand dollars ($3000); and second, in addition to her one-third of the said residue of my property, I direct that my daughter Ellen shall have the right, during her lifetime and free from all charge or payment therefor, to occupy my said house and homestead estate and to have, from my other land in Concord, wood for her use at the house and pasturage for her cows; and also that if she should prefer not to occupy said house she shall have the right to take for her use elsewhere and as her own property, such part as she may select of the furniture, plate, pictures and other articles of household use or ornament in my house, not herein otherwise disposed of.

“Third.—I appoint my friend James Elliot Cabot to be my literary executor, giving him authority, acting in cooperation with my children or the survivors or survivor of them, to publish or to withhold from publication any of my unpublished papers.

“Fourth.—I appoint my son Edward Waldo Emerson and my son-in-law William A. Forbes to be the executors of my will; and in case of the death of either of them, whether before or after my death, I appoint my daughter Ellen to be executrix in his place.

“Fifth.—I request that neither of my executors or my trustee, herein named, shall be required to give surety on his official bond.

“In witness whereof I have hereunto set my hand and seal this fourteenth day of April in the year eighteen hundred and seventy-six.

“R. Waldo Emerson.”

Will of Edwin Forrest

Edwin Forrest died December 12, 1872, at his home in Philadelphia. He was regarded one of the ablest representatives of Shakespearian characters of the age in which he lived and died; he accumulated a large fortune. It will be recalled that his unfortunate quarrel with Macready resulted in 1849 in a riot in New York, which was accompanied by a serious loss of life. His will is dated April 5, 1866; there are two codicils, but they are of no very great importance. After making numerous bequests to friends and servants, the bulk of his large estate was directed to be placed in the hands of trustees, under an elaborate scheme “for the support and maintenance of actors and actresses decayed by age or disabled by infirmity.” The institution was to be known as “The Edwin Forrest Home.” His will is a most interesting and unique document, and for this reason the whole of that portion which created “The Edwin Forrest Home” is here exactly copied from the original.

“The following is an outline of my plan for said Home, which may be filled out in more detail by the charter and by-laws:

“ARTICLE I

“The said Institution shall be for the support and maintenance of actors and actresses decayed by age or disabled by infirmity, who, if natives of the United States, shall have served at least five years in the theatrical profession, and if of foreign birth shall have served in that profession at least ten years, whereof three years next previous to the application shall have been in the United States, and who shall in all things comply with the laws and regulations of the Home, otherwise be subject to be discharged by the Managers, whose decision shall be final.

“ARTICLE II

“The number of inmates in the Home shall never exceed the annual net rent and revenue of the Institution, and after the number of inmates therein shall exceed twelve, others to be admitted shall be such only as shall receive the approval of the majority of the inmates, as well as of the Managers.

“ARTICLE III

“The said Corporation shall be managed by a Board of Managers, seven in number, who shall in the first instance be chosen by the said Trustees and shall include themselves, so long as any of them shall be living, and also the Mayor of the City of Philadelphia for the time being, and as vacancies shall occur the existing Managers shall from time to time fill them, so that, if practicable, only one vacancy shall ever exist at a time.

“ARTICLE IV

“The Managers shall elect one of their number to be the President of the Institution, appoint a Treasurer and Secretary, Steward and Matron, and, if needed, a Clerk; the said Treasurer, Secretary, Steward, Matron and Clerk subject to be at any time discharged by the Managers. Except the Treasurer, the said officers may be chosen from the inmates of the Home, and the Treasurer shall not be a Manager, nor either of his sureties. The Managers shall also appoint a physician for the Home.

“ARTICLE V

“Should there be any failure of the Managers to fill any vacancy which may occur in their Board for three months, or should they in any respect fail to fulfill their trust according to the intent of my will and the charter of the Institution, it is my will that upon the petition of any two or more of said Managers, or of the Mayor of the City, the Orphans’ Court of Philadelphia County shall make such appointments to fill any vacancy or vacancies and all orders and decrees necessary to correct any failure or breach of trust which shall appear to said Court to be required, as in case of any other testamentary trust, so that the purposes of this charity may never fail or be abused.

“ARTICLE VI

“The purposes of the said ‘Edwin Forrest Home’ are intended to be partly educational and self-sustaining, as well as eleemosynary, and never to encourage idleness or thriftlessness in any who are capable of any useful exertion. My library shall be placed therein in precise manner as now it exists in my house in Broad street, Philadelphia. There shall be a neat and pleasant theatre for private exhibitions and histrionic culture. There shall be a picture gallery for the preservation and exhibition of my collection of engravings, pictures, statuary and other works of art, to which additions may be made from time to time, if the revenues of the Institution shall suffice. These objects are not only intended to improve the taste, but to promote the health and happiness of the inmates and such visitors as may be admitted.

“ARTICLE VII

“Also, as a means of preserving health and, consequently, the happiness of the inmates, as well as to aid in sustaining the Home, there shall be lectures and readings therein upon oratory and histrionic art, to which pupils shall be admitted, upon such terms and under such regulations as the Managers may prescribe. The garden and grounds are to be made productive of profit, as well as of health and pleasure, and, so far as capable, the inmates, not otherwise profitably occupied, shall assist in farming, horticulture and the cultivation of flowers in the garden and conservatory.

“ARTICLE VIII

“‘The Edwin Forrest Home’ may also, if the revenue shall suffice, embrace in its plan lectures on science, literature and the arts, but preferably oratory and the histrionic art, in manner to prepare the American citizen for the more creditable and effective discharge of his public duties, and to raise the education and intellectual and moral tone and character of actors, that thereby they may elevate the drama and cause it to subserve its true and great mission to mankind, as their profoundest teacher of virtue and morality.

“ARTICLE IX

“‘The Edwin Forrest Home’ shall also be made to promote the love of liberty, our country and her institutions, to hold in honor the name of the great dramatic Bard, as well as to cultivate a taste and afford opportunity for the enjoyment of social rural pleasures. Therefore, there shall be read therein to the inmates and public, by an inmate or pupil thereof, the immortal Declaration of Independence, as written by Thomas Jefferson, without expurgation, on every Fourth Day of July, to be followed by an oration under the folds of our national flag. There shall be prepared and read therein before the like assemblage, on the birthday of Shakespeare, the twenty-third of April, in every year, an eulogy upon his character and writings, and one of his plays, or scenes from his plays, shall on that day be represented in the theatre. And on the first Mondays of every June and October ‘The Edwin Forrest Home,’ and grounds shall be opened for the admission of ladies and gentlemen of the theatrical profession and their friends, in the manner of social picnics, when all provide their own entertainments.

“The foregoing general outline of my plan of the Institution I desire to establish has been sketched during my preparations for a long voyage by sea and land, and, should God spare my life, it is my purpose to be more full and definite; but should I leave no later will or codicil, my friends who sympathize in my purposes will execute them in the best and fullest manner possible, understanding that they have been long meditated by me, and are very dear to my heart. They will also remember that my professional brothers and sisters are often unfortunate, and that little has been done for them, either to elevate them in their profession or to provide for their necessities under sickness or other misfortunes. God has favored my efforts and given me great success, and I would make my fortune the means to elevate the education of others and promote their success, and to alleviate their sufferings and smooth the pillows of the unfortunate, in sickness or other disability, or the decay of declining years.

“These are the grounds upon which I would appeal to the Legislature of my native State, to the Chief Magistrate of my native city, to the Courts and my fellow-citizens, to assist my purposes, which I believe to be demanded by the just claims of humanity, and by that civilization and refinement which springs from intellectual and moral culture.

“I, therefore, lay it as a duty upon my Trustees to frame a bill which the Legislature may enact, as and for the charter of said Institution, which shall ratify the articles in said outline of plan; shall authorize the Mayor of the city to act as one of its Managers, and the said Court to exercise the visitatorial jurisdiction invoked, and prevent streets from being run through so much of the Springbrook grounds as shall include the buildings and sixty acres of ground. Such a charter being obtained, the Corporation shall be authorized, at a future period, to sell the grounds outside said space, the proceeds to be applied to increase the endowment and usefulness of the Home. And so far as I shall not have built to carry out my views, I authorize the said Managers, with consent of my sisters, or survivor of them, having a right to reside at Springbrook, to proceed to erect and build the buildings required by my outline of plan, and towards their erection apply the income accumulated or current of my estate, and should my sisters consent, or the survivor of them consent, in case of readiness to open the Home, to remove therefrom, a comfortable house shall be procured for them elsewhere, furnished and rent and taxes paid, as required in respect to Springbrook, at the cost and charge of my estate or of the said Corporation, if then in possession thereof. Whensoever the requisite charter shall be obtained and the Corporation be organized and ready to proceed to carry out its design, then it shall be the duty of said Trustees to assign and convey all my said property and estate unto the said ‘Edwin Forrest Home,’ their successors and assigns forever, and for the latter to execute and deliver, under the corporate seal, a full and absolute discharge and acquittance forever,—with or without auditing of accounts by an auditor of the Court, as they may think proper,—unto the said Executors and Trustees.

“In testimony whereof, I have hereunto set my hand and seal this fifth day of April, eighteen hundred and sixty-six.

“Edwin Forrest.”

The State of Pennsylvania heartily cooperated with the Trustees, but they found themselves powerless to realize fully the hopes and wishes of the testator. It was necessary to make a settlement with the divorced wife of the testator, whose legal claims had been entirely overlooked by him. This and other legal complications hampered the Trustees, and the amounts of money necessarily expended seriously crippled the estate. The Home, however, was established upon his beautiful property known as “Springbrook,” where it yet exists under excellent management, and its doors are still open to those who are entitled to enter under the conditions fixed by the testator.

Will of Benjamin Franklin

In the “Life of Benjamin Franklin,” by Jared Sparks, is to be found Franklin’s will, a document of great length and unusual interest. Franklin died in 1790: the will is dated July 17, 1788; a codicil of almost equal length is dated June 23, 1789. The will in part reads:

“I, Benjamin Franklin, of Philadelphia, printer, late Minister Plenipotentiary from the United States of America to the Court of France, now President of the State of Pennsylvania, do make and declare my last will and testament as follows:

“To my son, William Franklin, late Governor of the Jerseys, I give and devise all the lands I hold or have a right to in the Province of Nova Scotia, to hold to him, his heirs and assigns forever. I also give to him all my books and papers which he has in his possession, and all debts standing against him on my account books, willing that no payment for, nor restitution of the same be required of him by my Executors. The part he acted against me in the late war, which is of public notoriety, will account for my leaving him no more of an estate he endeavored to deprive me of.

“I give and devise my dwelling house, my said three new houses, my printing office and also my silver plate, pictures and household goods of every kind, now in my said dwelling house, to my daughter, Sarah Bache, and to her husband, Richard Bache, to hold to them for and during their natural lives, and the life of the longest liver of them: and from and after the death of the survivor of them, I do give, devise and bequeath the same to all children already born or to be born of my said daughter, and to their heirs and assigns forever, as tenants in common and not as joint tenants.

“All lands near the Ohio and the lots near the centre of Philadelphia, which I lately purchased from the State, I give to my son-in-law, Richard Bache, his heirs and assigns forever: I also give him the bond I have against him of 2072 pounds 5 shillings and direct the same to be delivered up to him by my Executors cancelled, requesting that in consideration thereof, he would immediately after my decease manumit and set free his negro man, Bob: I leave to him also the money due me from the State of Virginia for types: I also discharge him, my son-in-law, from all claims of rent and moneys due to me, on book account or otherwise. I also give him all my musical instruments.

“The King of France’s picture, set with four hundred and eight diamonds, I give to my daughter, Sarah Bache, requesting, however, that she would not form any of those diamonds into ornaments, either for herself or daughters, and thereby introduce or countenance the expensive, vain and useless pastime of wearing jewels in this country.

“The philosophical instruments I have in Philadelphia, I give to my ingenious friend, Francis Hopkinson.

“I was born in Boston, New England, and owe my first instructions in literature to the free grammar schools established there: I therefore give 100 pounds sterling to my Executors to be by them paid over to the managers or directors of the free schools in my native town of Boston.”

The fund has been successfully applied and is or was formerly employed in purchasing medals for distribution in the schools of Boston.

There is a gift to the State of Pennsylvania of 2000 pounds to be employed in making the Schuylkill River navigable.

He concludes with this clause: “I would have my body buried with as little expense or ceremony as may be.”

In the codicil to the will are found these expressions and gifts:

“It has been my opinion, that he who receives an estate from his ancestors is under some kind of obligation to transmit the same to their posterity: this obligation does not lie on me, who never inherited a shilling from any ancestor or relation.”

One thousand pounds was given to Boston and another thousand to Philadelphia, to be held by trustees, which sums he directed should be “let out on interest at 5 per cent per annum to young married artificers under the age of twenty-five years.” These cities accepted the sums, and they have been wisely used.

“I wish to be buried by the side of my wife, if it may be, and that a marble stone be made by Chambers, six feet long, four feet wide, plain, with only a small moulding around the upper edge, with this inscription,

to be placed over us both.”

This request was carried out.

“My fine crabtree walking-stick, with gold head curiously wrought in the form of the cap of liberty, I give to my friend, and the friend of mankind, General Washington. If it were a sceptre, he has merited it and would become it. It was a present to me from that excellent woman, Madame de Forbach, the Dowager Duchess of Deux Ponts, connected with some verses, which should go with it.”

“I give my gold watch to my son-in-law, Richard Bache, and also the gold watch-chain of the thirteen United States, which I have not yet worn. My time-piece that stands in my library, I give to my grandson, William Temple Franklin. I give him also my Chinese gong. To my dear old friend, Mrs. Mary Hemson, I give one of my silver tankards marked, for her use during her life, and after her decease, I give it to her daughter, Eliza. I give to her son, William Hemson, who is my godson, my new quarto Bible, Oxford edition, to be for his family Bible, and also the botanic description of the plants in the Emperor’s garden at Vienna, in folio, with colored cuts. And to her son, Thomas Hemson, I give a set of Spectators, Tatlers, and Guardians, handsomely bound.

“I give twenty guineas to my good friend and physician, Dr. John Jones.

“I request my friend, Mr. Duffield, to accept my French Wayweiser, a piece of clockwork in brass, to be fixed on the wheel of any carriage.

“My picture drawn by Martin in 1767, I give to the Supreme Executive Council of Pennsylvania, if they shall be pleased to do me the honor of accepting it and placing it in their chamber.

“I give to my Executors, to be divided equally among those that act, the sum of sixty pounds sterling as some compensation for their trouble in the execution of my will.”

Will of Melville W. Fuller

The late Chief Justice Melville W. Fuller of the United States Supreme Court died at his summer home near Bar Harbor, Maine, July 4, 1910. By his last will and testament, he disposed of an estate of nearly one million dollars. The estate is to be held in trust for the daughters and the son of the Chief Justice, and their heirs. Nothing was left to charity or to parties other than the direct descendants of the testator. The will was signed at Washington, February 23, 1910. In substance it is as follows:

“I devise to the Merchants’ Loan and Trust Company and my old friend Stephen S. Gregory, or their survivors, or such successors as may be appointed for them, in case of both of them becoming unable to act, all of my property, real, personal and mixed, to be held in trust until the decease of the last survivor of my children, to pay and discharge my just debts and obligations, and to collect and to pay over the net revenue of the property in such reasonable allowances as shall from time to time be determined by them in view of the existing circumstances; but each of the children, or their children, in case of my death, shall receive finally an equal share.

“I empower my said trustees to sell any of the property, if and as deemed by them or their survivors or successors advisable, and to reinvest and hold the proceeds upon the same trust, to make and to renew loans and secure the same by trust deed or mortgages; to lease and to build or rebuild. In short, I impart to my said trustees the same powers I myself possess, subject to effectuating the foregoing trust.”

Will of Stephen Girard

Stephen Girard was born in Bordeaux, France, the son of a sea captain. He died December 26, 1831. His immense wealth was accumulated in Philadelphia, where he spent the greater part of his life.

It was during the financial panic of 1810, that Girard loaned the government of the United States five million dollars, when it could not be had elsewhere; this, it is said, exhausted his entire fortune.

Girard was also something of a farmer, and Girard College is located on what was formerly his farm; it was there that he labored with his trees and his flowers. History says that a large, shaggy dog followed him in his travels, and that each of his ships which went to sea, carried one.

By his will, he left large sums for the betterment of humanity; it is stated that up to that time, it was the largest amount ever given away by an individual philanthropist in the history of this country, if not of the world. While his gifts to charitable and other institutions in the City of Philadelphia and the State of Pennsylvania were numerous and large, he is best known by a bequest of two million dollars for the founding of Girard College; besides this sum, there was a residue of a large amount which also went to this college. This endowment fund now amounts to sixteen million dollars, and the income is over one million dollars a year.

That famous section of this famous will, with reference to clergymen, which has produced so much discussion, is set out in full below. The injunction with reference to ministers and ecclesiastics holding office or entering the premises is still at least outwardly respected.

The heirs of Girard attempted to break his will; their argument was partly based on the provision with reference to religion: the Supreme Court of the United States upheld the will, notwithstanding the contestants had the assistance of Daniel Webster.

Girard College has an attendance of over two thousand boys: the scope and plan of the Institution has been greatly enlarged, and it has met with marked success in its ability to place many of its students in permanent and often valuable commercial positions.

The section in question is as follows:

“Article XXI. Section 9. Those scholars, who shall merit it, shall remain in the College until they shall respectively arrive at between fourteen and eighteen years of age; they shall then be bound out by the Mayor, Aldermen and Citizens of Philadelphia, or under their direction, to suitable occupations, as those of agriculture, navigation, arts, mechanical trades, and manufactures, according to the capacities and acquirements of the scholars respectively, consulting, as far as prudence shall justify it, the inclinations of the several scholars, as to the occupation, art or trade, to be learned.

“In relation to the organization of the College and its appendages, I leave, necessarily, many details to the Mayor, Aldermen, and Citizens of Philadelphia, and their successors; and I do so with the more confidence, as, from the nature of my bequests, and the benefits to result from them, I trust that my fellow-citizens of Philadelphia will observe and evince especial care and anxiety in selecting members for their City Councils, and other agents.

“There are, however, some restrictions, which I consider it my duty to prescribe, and to be, amongst others, conditions on which my bequest for said College is made, and to be enjoyed, namely; first, I enjoin and require, that if at the close of any year, the income of the fund devoted to the purposes of the said College shall be more than sufficient for the maintenance of the Institution during that year, then the balance of the said income, after defraying such maintenance, shall be forthwith invested in good securities, thereafter to be and remain a part of the capital; but in no event, shall any part of the said capital be sold, disposed of, or pledged, to meet the current expenses of the said Institution, to which I devote the interest, income and dividends thereof, exclusively: Secondly, I enjoin and require that no ecclesiastic, missionary, or minister of any sect whatsoever, shall ever hold or exercise any station or duty whatever in the said College; nor shall any such person ever be admitted for any purpose, or as a visitor, within the premises appropriated to the purposes of the said college:—In making this restriction, I do not mean to cast any reflection upon any sect or person whatsoever; but as there is such a multitude of sects, and such a diversity of opinion amongst them, I desire to keep the tender minds of the orphans, who are to derive advantage from this bequest, free from the excitement which clashing doctrines and sectarian controversy are so apt to produce; my desire is, that all the instructors and teachers in the College, shall take pains to instil into the minds of the scholars, the purest principles of morality, so that, on their entrance into active life, they may from inclination and habit, evince benevolence toward their fellow creatures, and a love of truth, sobriety, and industry, adopting at the same time, such religious tenets as their matured reason may enable them to prefer. If the income, arising from that part of the said sum of two millions of dollars, remaining after the construction and furnishing of the College and out-buildings, shall, owing to the increase of the number of orphans applying for admission, or other cause, be inadequate to the construction of new buildings, or the maintenance and education of as many orphans as may apply for admission, then such further sum as may be necessary for the construction of new buildings and the maintenance and education of such further number of orphans, as can be maintained and instructed within such buildings as the said square of ground shall be adequate to, shall be taken from the final residuary fund hereinafter expressly referred to for the purpose, comprehending the income of my real estate in the city and county of Philadelphia, and the dividends of my stock in the Schuylkill Navigation Company—my design and desire being, that the benefits of said institution shall be extended to as great a number of orphans, as the limits of the said square and buildings therein can accommodate.”

Will of Jay Gould

Jay Gould died December 2, 1892. By his will, he transferred, as is well known, an immense fortune. After giving certain legacies to his children, relatives and friends, including one to a son for services rendered, and establishing a trust for the benefit of a grandson, he gives his residuary estate to trustees for the benefit of his children for life in equal separate trusts with gifts over to their issue as appointed by the beneficiaries, and in default thereof “in the proportions provided in and by the statutes of this State in the case of intestacy,” and if no issue then “to my surviving children and to the issue of any deceased child share and share alike per stirpes and not per capita.”

The testator directs that the securities of each trust be separately invested, and that the accounts thereof shall be separately kept.

A son and daughter are appointed guardians of his minor children.

The seventh item in his will reads as follows:

“Seventh. I hereby declare and provide that if any of my children shall marry without my consent during my lifetime, or thereafter without the consent of a majority of the then executors and trustees under this will, then and in that event the share allotted to the child so marrying in and by said will and codicil, shall be reduced one-half, and the principal of the other half of the said share shall be paid, assigned, transferred or set over to such persons as under the laws of the State of New York would take the same if I had died intestate.”

There is a marked similarity in many of the provisions of this will to those of the late William H. Vanderbilt.

Will of Horace Greeley

Horace Greeley died at Pleasantville, New York, November 29, 1872. His will is as follows:

“I, Horace Greeley, being nearly sixty years old and in medium health but admonished by recent illness of the uncertainty of life, do make and publish this my last will and testament superseding and revoking all of earlier date which may be found or exist.

“Item: I will and bequeath to my daughter, Ida Lillian Greeley, requesting her to share the proceeds therefrom with her sister Gabrielle Miriam Greeley all my books, copyrights and sums which may be due and owing me from publishers, at the time of my decease naming especially my ‘American Conflict,’ ‘Recollections of a Busy Life,’ ‘Political Economy,’ and ‘What I Know of Farming,’ as works wherefrom some income may accrue from copyrights after my decease.

“Item: I will and bequeath to my two daughters aforesaid all the real estate whereof I may die possessed or be entitled to, except the farm on which my brother Nathan Barnes Greeley lives, in Wayne Township, Erie County, Pennsylvania, directing that my daughter Ida Lillian aforesaid be and hereby is authorized and empowered during the minority of her sister Gabrielle Miriam to manage, let, improve, lease or sell the whole or any portion of the same as she shall judge expedient and advantageous to herself and her sister aforesaid, the same to be subject to the right of dower inhering in my wife Mary Young Greeley unless and until she shall see fit to release the same to my two daughters aforesaid.

“Item: I bequeath to my brother Nathan Barnes Greeley aforesaid and his wife Ruhanna the full and uninterrupted use for life of either of them of my farm lying in the Township of Wayne, Erie County, Pennsylvania, aforesaid. And I further bequeath to whichever of his sons the said Nathan Barnes Greeley may designate the reversion or remainder of one-half of said farm, it being my understanding and purpose that said son shall live with and take care of said Nathan Barnes and Ruhanna Greeley to the end of their several lives.

“Item: I direct that if any share or shares in the Tribune Association shall remain to me at my decease one of them shall be sold under the rules of said association to the highest bidder and the proceeds without deduction or abatement be paid over as my bequest to the Childrens Aid Society, whereof New York City is the focus of operations, to be invested or disbursed as its proper authorities shall direct. If more than one share of stock in the Tribune Association shall remain to me at my death and if my wife, Mary Young Greeley, shall survive me, I bequeath to her one-half of such remaining shares of stock in lieu of all other dower, except those reserved to her as aforesaid, and I hereby renounce and disclaim in favor of my said wife all claim on my part or on that of my heirs to the real estate once mine but now wholly hers near the Village of Chappaqua in the Township of New Castle, Westchester County, New York, as also to the two shares of Tribune stock now standing in her name and which were never mine but wholly purchased by her money, and I further renounce and disclaim in her favor all right to the stock and funds of the Northern Pacific Rail Road which I have paid for with her money and which now stands in her name on the books of the Company and I give and bequeath unto my said wife all the animals, implements, machinery, crops, products and materials which may at the time of my death exist upon or pertain to her farm and buildings in New Castle township aforesaid:

“Item: I direct that whatever stock in the Tribune Association may remain to me at the time of my death after fulfilling and satisfying the foregoing bequests be sold in accordance with the rules of said association and that from the proceeds thereof and from the proceeds of such portions of the debts due or owing to me from all persons whatever as may at anytime be collected, there be paid the following bequests in their order namely:

“1. Two thousand dollars to my sister Margaret Greeley Bush, in case she survive me, and in case she should not but her daughter Evangeline Bush shall survive me then the said sum of two thousand dollars shall be paid to her my said sister’s daughter Evangeline Bush.

“2. One thousand dollars each to my sister Arminda, wife of Lovewell Greeley and Esther, wife of John F. Cleveland or to their surviving children respectively in case they or either of them shall die before I do.

“3. I give or bequeath all the residue or remainder of my property of whatever name or nature to my daughters Ida Lillian and Gabrielle Miriam Greeley and to the survivor in case but one of them shall survive me.

“I hereby appoint Samuel Sinclair, Publisher Tribune, Charles Storrs, merchant now of 73 Worth Street, New York City and Richard C. Manning now residing in Clinton Avenue, Brooklyn or any two of them who may survive me and accept the trusts, executors of this my last will and testament.

“In witness whereof, I have hereunto set my hand and seal this ninth day of January in the year of our Lord one thousand eight hundred and seventy-one.

“Horace Greeley.”

Will of Alexander Hamilton

“In the name of God, Amen. I, Alexander Hamilton, of the City of New-York, Counsellor at Law, do make this my last Will and Testament as follows:

“First. I appoint John B. Church, Nicholas Fish, and Nathaniel Pendleton, of the city aforesaid, Esquires, to be Executors and Trustees of this my Will; and I devise to them, their heirs and assigns, as joint tenants and not as tenants in common, all my estate real and personal whatsoever, and wheresoever, upon trust at their discretion to sell and dispose of the same, at such time and times, in such manner, and upon such terms, as they, the survivors and survivor, shall think fit; and out of the proceeds to pay all the debts which I shall owe at the time of my decease; in whole, if the fund be sufficient; proportionably, if it shall be insufficient; and the residue, if any there shall be, to pay and deliver to my excellent and dear wife Elizabeth Hamilton.

“Though, if it should please God to spare my life, I may look for a considerable surplus out of my present property; yet, if He should speedily call me to the eternal world, a forced sale, as is usual, may possibly render it insufficient to satisfy my debts. I pray God that something may remain for the maintenance and education of my dear wife and children. But should it on the contrary happen, that there is not enough for the payment of my debts, I entreat my dear children, if they, or any of them, should ever be able, to make up the deficiency. I, without hesitation, commit to their delicacy a wish which is dictated by my own.—Though conscious that I have too far sacrificed the interests of my family to public avocations, and on this account have the less claim to burthen my children, yet I trust in their magnanimity to appreciate as they ought, this my request. In so unfavourable an event of things, the support of their dear mother, with the most respectful and tender attention, is a duty, all the sacredness of which they will feel. Probably her own patrimonial resources will preserve her from indigence. But in all situations they are charged to bear in mind, that she has been to them the most devoted and best of mothers.”

Alexander Hamilton was, perhaps, the most finished character in the history of the United States, and the value of his services to this country cannot be overestimated: after the lapse of more than a hundred years, his greatness and usefulness are still revered, and his untimely death lamented.

On June 18, 1804, Aaron Burr addressed to Hamilton, a communication calling attention to a letter published by Charles B. Cooper, wherein he said, “I could detail to you a still more despicable opinion which General Hamilton has expressed of Mr. Burr,” together with a further statement that Burr was “a dangerous man and one who ought not to be trusted with the reins of government:” the lengthy and dignified answer of Hamilton was not satisfactory to Burr, and again on June 21st, he wrote, “Political opposition can never absolve gentlemen from a rigid adherence to the laws of honour and rules of decorum.” Further unsatisfactory correspondence followed, with the result that the two met at seven o’clock A.M., July 11th, 1804, at Weehawken, New Jersey, opposite New York, and fought a duel; Hamilton fell at Burr’s first shot, mortally wounded, dying the next day at two o’clock: on the day before the duel, Hamilton wrote Nathaniel Pendleton, who accompanied him to the field, a letter containing his motives for accepting the challenge, and his reflections on the situation, which is in part as follows:

“On my expected interview with Col. Burr, I think it proper to make some remarks explanatory of my conduct, motives, and views.

“I was certainly desirous of avoiding this interview for the most cogent reasons.

“1. My religious and moral principles are strongly opposed to the practice of duelling, and it would ever give me pain to be obliged to shed the blood of a fellow creature in a private combat forbidden by the laws.

“2. My wife and children are extremely dear to me, and my life is of the utmost importance to them, in various views.

“3. I feel a sense of obligation towards my creditors; who in case of accident to me, by the forced sale of my property, may be in some degree sufferers. I did not think myself at liberty as a man of probity, lightly to expose them to this hazard.

“4. I am conscious of no ill will to Col. Burr, distinct from political opposition, which, as I trust, has proceeded from pure and upright motives.

“Lastly, I shall hazard much, and can possibly gain nothing by the issue of the interview.

“But it was, as I conceive, impossible for me to avoid it. There were intrinsic difficulties in the thing, and artificial embarrassments from the manner of proceeding on the part of Col. Burr.

“ ... I have resolved, if our interview is conducted in the usual manner, and it pleases God to give me the opportunity, to reserve and throw away my first fire, and I have thoughts even of reserving my second fire—and thus giving a double opportunity to Col. Burr to pause and to reflect.

........

“To those who, with me, abhorring the practice of duelling, may think that I ought on no account to have added to the number of bad examples, I answer, that my relative situation, as well in public as private, enforcing all the considerations which constitute what men of the world denominate honour, imposed on me (as I thought) a peculiar necessity not to decline the call.

........

“A. H.”

Hamilton was buried on the following Saturday with every possible evidence of respect and sorrow; in the funeral procession his gray horse dressed in mourning was led by two black servants dressed in white; the streets of New York were lined with people, and doors and windows were filled, and housetops occupied, and every civic and military organization was represented. Gouverneur Morris delivered the funeral oration from a stage erected in the portico of Trinity Church to an immense concourse. When Hamilton’s distracted wife and children, seven in number, were brought to his bedside, shortly before his death, he said to her, “Remember, my Eliza, you are a Christian.”

General Hamilton married Elizabeth Schuyler, a daughter of General Philip Schuyler, thus allying himself with one of the most distinguished founders of New York.

Aaron Burr lived to be eighty years old. The loss of his only daughter, Theodosia Alston, at sea, left him without family ties. There is a tradition that Burr, a broken and sorrowing man, watched the sea ever afterward, hoping that the lost Theodosia might be returned to him. At the age of seventy-eight he married the second time; he and this wife separated, but were never divorced.

Will of Edward H. Harriman

This will is unique in its brevity, containing only ninety-nine words, and has been criticised for its omissions: it will be seen that there is no mention of the testator’s children, and that the will has but two witnesses, which is unusual where so vast an estate is disposed of and the property located in many states. It will also be noted that the testator’s wife, who is made executrix, is not exempted from giving bond as such. Mr. Harriman, at the time of his death, controlled perhaps the largest corporate interests of any person in the United States, particularly those of railways. He died in September, 1909. His will is as follows:

“I, Edward H. Harriman of Arden in the State of New York, do make, publish and declare this as and for my last will and testament that is to say:

“I give, devise and bequeath all of my property real and personal of every kind and nature to my wife, Mary W. Harriman to be hers absolutely and forever and I do hereby nominate and appoint the said Mary W. Harriman to be executrix in this my will.

“In witness whereof, I have hereunto set my hand and seal this 8th day of June in the year 1903.

“Edward H. Harriman.”

Will of Patrick Henry

“There is no retreat but in submission and slavery. Our chains are already forged. Their clanking may be heard on the plains of Boston. The next gale that sweeps from the north will bring the clash of resounding arms. Our brethren are already in the field. Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty or give me death!”

Patrick Henry was born in Hanover County, Virginia, on May 29, 1736; he died at his county seat, Red Hill, in Charlotte County, Virginia, on June 6, 1799. The will of this distinguished orator and statesman is given at length; notwithstanding the conditions imposed in restraint of marriage, his widow took unto herself another spouse, Judge Edmund Winston, who was Patrick Henry’s cousin.

“In The Name of God, Amen:—I, Patrick Henry, of Charlotte County, at my leisure and in my health do make this my last Will and Testament in manner following, and do write it throughout with my own hand. I, knowing my ever dear wife Dorethea to be worthy of the most full and entire confidence, I do will and devise to her the Guardianship of my children, and do direct and order that she shall not in any manner be accountable to any person for her management therein. I do give to my said wife Dorethea all my Lands at and adjoining my dwelling place called Red Hill, purchased from Fuqua, Booker, Watkins, & others, out of the tract called Watkins’s Order, to hold during her life, together with twenty of my slaves, her choice of them all, and at her death the said Lands are to be equally divided in value in fee simple between two of my sons by her; and she is to name and point out the two Sons that are to take the said Lands in fee simple at her discretion. I will and direct all my Lands in my Long Island estate in Campbell County to be divided into two parts by Randolph’s old road, till you come along it to the place where the new road going from the Overseer’s house to Davis’s mill crosses it at two white oaks and the stump of a third, from thence by a straight line a few hundreds yards to Potts’s Spring at the old Quarter place, from thence as the water runs to the river which is near to the upper part where Mr. Philip Payne lives is to be added the Long Island and other Islands, to the lower part the Overseer’s residence and also one hundred and fifty acres of the back land out of the upper part most convenient for both parts for Timbers to the lower. These two estates to be in fee simple to two of my other sons by my said wife, whom she is also to name and point out. I will and direct that there be raised towards paying my debts one thousand pounds by sale in fee simple, out of my following Lands, viz.—Leatherwood, Prince Edward Lands, Kentucky Lands, Seven Island Lands, and those lately purchased of Marshall Mason, Nowell, Wimbush, Massy, and Prewett, or such parts thereof as my Executors may direct, and the residue thereof I will and direct to be allotted equally in value into two parts for a provision for other two of my sons in fee simple by my said wife, which sons she shall in like manner name and point out. But if the payment of my debts is or can be accomplished without selling any of my slaves or personal estate, then I desire none of these Lands to be sold, but they are to be allotted as the provision aforesaid for two of my sons. Thus I have endeavored to provide for my six sons by my dear Dorethea; their names are Patrick, Fayette, Alexander Spotswood, Nathaniel, Edward Winston, and John. I will my slaves to be equally divided amongst my children by my present wife except my daughter Winston, who has received hers, or nearly so; but the twenty slaves given to my said wife for her life, I desire she may give as she pleases amongst her children by me. I will that my wife have power to execute Deeds for any Lands I have agreed to sell, in the most ample manner. I give to my Grandson Edmund Henry, when he arrives to the age of twenty-one years and not before, in fee simple, the thousand acres of Land where his father died, joining Perego’s line, Cole’s line, and the line of the land intended for my son Edward, dec’d., together with the negroes and other property on the said one thousand acres of Land. But in case the said Edmund shall die under the age of twenty-one years, and without Issue then alive, I will the said Land, Slaves, and other property to my six sons above mentioned equally in fee simple. I have heretofore provided for the children of my first marriage, but I will to my daughters, Roane and Aylett, two hundred pounds each of them as soon as my estate can conveniently pay it by cropping. In case either of my six sons, viz.—Patrick, Fayette, Alexander Spotswood, Nathaniel, Edward Winston, or John, shall die under the age of twenty-one, unmarried and without Issue then living, I will that the estate of such decedent be divided among the Survivors of them in such manner as my said wife shall direct.

“All the rest and residue of my estate, whether Lands, Slaves, personal estate, Debts and rights of every kind, I give to my ever dear and beloved wife Dorethea, the better to enable her to educate and bring up my Children by her, and in particular I desire she may at her discretion collect, accommodate, manage, and dispose of the debt due to me from the late Judge Wilson in such manner as she thinks best, without being accountable to any person, but so as that the produce, whether in Lands, Slaves, or other effects, be by her given amongst her children by me, as I do hereby direct all the said residue to be given by her after her decease. If the said debt from the said Wilson cannot be recovered, then I give the Lands I covenanted to sell to him, the said Wilson, lying in Virginia and North Carolina, to my said wife in fee simple to make the most of and apply for the benefit of her children by me as aforesaid. But in case my said wife shall marry again, in that case I revoke and make void every gift, legacy, authority, or power herein mentioned, and order, will, and direct, She, my said wife, shall have no more of my estate than she can recover by Law; nor shall she be Guardian to any of my children, or Executrix of this my Will.

“I will that my daughters, Dorethea S. Winston, M. Catharine Henry, and Sarah Butler Henry, be made equal in their negroes. In case the debt from Judge Wilson’s estate be recovered, I do desire and will that five hundred dollars each be paid to my dear Daughters, Anne Roane & Elizabeth Aylett, and Martha Fontaine.

“This is all the inheritance I can give to my dear family. The religion of Christ can give them one which will make them rich indeed.

“I appoint my dear wife Dorethea, Executrix, my friends Edmund Winston, Philip Payne, and George D. Winston, Executors, of this my last Will, revoking all others. In witness whereof I have hereunto set my hand and seal this 20th November, 1798.

“P. Henry, L. S.”

“Codicil to my Will, written by myself throughout, and by me annexed and added to the said Will and made part thereof in manner following, that is to say: Whereas, since the making of my said Will, I have covenanted to sell my Lands on Leatherwood to George Hairston, including the 1000 acres intended for my Grandson Edmund Henry, and have agreed to purchase from General Henry Lee two shares of the Saura Town Lands, amounting to about 6,314 acres certain, and the debt due me from Wilson’s estate is agreed to go in payment for the said purchase, whereby there will exist no necessity to sell any of my estate for payment of my debts, I do therefore give the said Saura Town Lands in fee simple equally to be divided in value to two of my sons by my dear wife Dorethea, and desire her to name the sons who are to take that estate, and it is to be in Lieu and place of the Leatherwood, Prince Edward, Kentucky, and Seven Islands, and other lands allotted for two of my sons in my said Will, so that the Red Hill estate, Long Island estate, and the Saura Town estate will furnish seats for my six sons by my wife.

“In case any part of my Lands be evicted or lost for want of title, I will that a contribution of my other sons make good such loss in Lands of equal value.

“I give to my Daughter Fontaine five hundred dollars; to each of my Daughters, Anne Roane and Elizabeth Aylett, one thousand dollars; to my Daughter Dorethea S. Winston, one thousand dollars, as soon as my estate can conveniently raise these sums. To my Daughters, Martha Catharine and Sarah Butler, I give one thousand pounds each, and these legacies to all and each of my daughters are to be in Lieu and place of everything before intended for them, and if it is not in the power of my Executors to pay my said Daughters their legacies in money from my estate, then and in that case all my said Daughters are to take property, real or personal, at fair valuation, for their legacies respectively. And to this end I give my Lands in Kentucky, Prince Edward, at the Seven Islands, all my Lands lately purchased near Falling River and its waters, containing about 17 or 1800 acres, and all others not mentioned herein, to my Executors for the aforesaid purpose of paying Legacies and for allowing my Grandson Edmund Henry eight hundred pounds in Lieu of the Leatherwood Lands in case he shall attain the age of twenty one years or marries, but not otherwise. His Land, if he has it at all, is to be in fee simple, as also all the Lands that may be allotted in Lieu of money are to go in fee simple.

“I also will that my said Dear wife shall at her discretion dispose of three hundred pounds worth of the said last mentioned Lands to any of her children by me, and finally of whatsoever residue there may happen to be after satisfying the foregoing demands, and that she shall have in fee simple all the residue of my estate, real or personal, not disposed of for the intent and purpose of giving the same amongst her children by me. If she chooses to set free one or two of my slaves, she is to have full power to do so. In case Judge Wilson’s debt is lost by General Lee not taking it in payment, whereby the contract for Saura Town Lands becomes void, this Codicil is to become of no effect, and is to be void and null, and my Executors are to compensate the two of my sons to whom my Leatherwood Lands were to go, by the Lands sold to Judge Wilson, and they are in that case to have all the Lands directed to be joined with the Leatherwood, and so much money as will make their Lotts equal in value with the Lotts of my other sons by my present wife.

“In witness whereof I have hereunto set my hand and seal this 12th day of February, 1799.

“P. Henry, L. S.

“Indorsements: The within is my Will written throughout by my own hand this 20th November, 1798.

“P. Henry.

“The Codicil also written by myself, February 12th, 1799.

“P. Henry.

Will of Oliver Wendell Holmes

Oliver Wendell Holmes died October 7, 1894. His will is as follows:

“Know all men by these presents, that, I Oliver Wendell Holmes of Boston, in the County of Suffolk and Commonwealth of Massachusetts, being of sound and disposing mind and memory, do make this my last will and testament, hereby revoking all former wills and codicils by me at any time made.

“Imprimis. I direct my executor hereinafter named to pay all my just debts and funeral expenses as soon as may be after my decease.

“Item. I give to my grandson Edward Jackson Holmes, son of my youngest child Edward Jackson Holmes, five thousand dollars.

“Item. All the rest and residue of the property, real and personal, of which I shall die seized or possessed, or to which I shall be in any way entitled or over which I shall have any power of appointment at the time of my decease, I give, devise, bequeath and appoint to my son Oliver Wendell Holmes junior, to his own use, absolutely and in fee simple.

“Item. I appoint said Oliver Wendell Holmes junior, executor of this my will and request that no surety be required on his official bond.

“In witness whereof I hereto set my hand and seal, and declare this to be my last will and testament, this first day of June, a.d., eighteen hundred and eighty nine.

“Oliver W. Holmes.”

Will of Johns Hopkins

Johns Hopkins, an American financier and philanthropist, and the founder of the Hospital and University which bear his name, died in Baltimore, Maryland, December 24, 1873.

The first item in his will is as follows:

“First and principally, I commit, with humble reverence, my soul to the keeping of Almighty God.”

Then follows in great detail, the provisions for the establishment of the Johns Hopkins University and the Johns Hopkins Hospital. It was directed that the Hospital should have buildings, not only for the whites, but for the sick, poor colored people, and also a building for the reception and care of colored orphans and destitute children. Both the University and the Hospital were corporations which the will declares had been already created at the instance of the testator. The hopes of the testator with reference to the success of these institutions, has been fully realized, for they are recognized throughout the country as models of their kind.

The amount given to these two institutions was approximately seven and one-half million dollars.

Will of Stephen Hopkins

Stephen Hopkins, a passenger of the voyage of the Mayflower died at Plymouth on or about June 6, 1644; his will in part is as follows:

“The sixt of June 1644 I Stephen Hopkins of Plymouth in New England being weake yet in good and prfect memory blessed be God yet considering the fraile estate of all men I do ordaine and make this to be my last will and testament in manner and forme following.... I do bequeath by this my will to my sonn Giles Hopkins my great Bull w^ch is now in the hands of M^ris Warren Also I do give to Stephen Hopkins my sonn Giles his sonne twenty shillings in M^ris Warrens hands for the hire of the said Bull Also I give and bequeath to my daughter Constanc Snow the wyfe of Nicholas Snow my mare also I give unto my daughter Deborah Hopkins the brodhorned black cowe and her calf and half the Cowe called Motley Also I doe give and bequeath unto my daughter Damaris Hopkins the Cowe called Damaris heiffer and the white faced calf and half the cowe called Mottley Also I give to my daughter Ruth the Cowe called Red Cole and her calfe and a Bull at Yarmouth w^ch is in the keepeing of Giles Hopkins w^ch is an yeare and advantage old and half the curld Cowe Also I give and bequeath to my daughter Elizabeth the Cowe called Smykins and her calf and thother half of the Curld Cowe w^th Ruth and an yearelinge heiffer w^thout a tayle in the keepeing of Gyles Hopkins at Yarmouth. Also I do give and bequeath unto my foure daughters ... all the mooveable goods the w^ch do belong to my house, as linnen woollen beds bed-cloathes pott kettles pewter or whatsoev^r are moveable ... and foure silver spoones that is to say to eich of them....”

The inventory shows a long list of personal property, including the bulls, cows, the “heiffer without a tayle,” spoons and other household goods.

Will of Sam Houston

Sam Houston died July 25, 1863; here is his will:

“In the name of God, the Father, the Son and Holy Spirit, I, Sam Houston, of the County of Walker and State of Texas, being fully aware of the uncertainty of life, and the certainty of death, do ordain and declare this my last Will and Testament.

“First: I will that all my just debts be paid out of my personal effects, as I think them sufficient without disposing of any of the family servants.

“Second: I bequeath my entire remaining estate to my beloved wife, Margaret and our children, and I desire that they may remain with her so long as she may remain in widowhood, and should she at any time marry, I desire that my daughters should be subject to her control, so long as their minority lasts.

“Third: My will is that my sons should receive solid and useful education, and that no portion of their time may be devoted to the study of abstract science. I greatly desire that they may possess a thorough knowledge of the English language, with a good knowledge of the Latin language. I also request that they be instructed in the knowledge of the Holy Scripture, and next to these that they may be rendered thorough in a knowledge of Geography & History. I wish my sons early taught an utter contempt for novels & light reading. In all that pertains to my sons I wish particular regard paid to their morals as well as to the character and morals of those with whom they may be associated or instructed.

“Fourth: I leave to my wife, as Executrix, and to the following gentlemen as my Executors, Thomas Gibbs, Thomas Carothers, J. Carroll Smith, and Anthony M. Branch, my much beloved friends in whom I place my entire confidence, to make such disposition of my personal and real estate as may seem to them best for the necessities and interests and welfare of my family.

“Fifth: To my dearly beloved wife, Margaret, I confide the rearing, education and moral training of our sons and daughters.

“Sixth: To my eldest son, Sam Houston, Jr., I bequeath my sword, worn in the battle of San Jacinto, never to be drawn only in defense of the constitution, the laws and liberties of his country. If any attempt should ever be made to assail one of these, I wish it to be used in its vindication.

“Seventh: It is my will that my library should be left at the disposition of my dear wife.

“Eighth: To my dearly beloved wife I bequeath my watch, and all my jewelry, subject to her disposition.

“Ninth: I hereby appoint my dearly beloved wife, Margaret, Testamentary Guardian of my children, their persons and estates during minority. But should a wise Providence, through its inscrutable decrees see fit to deprive our offspring of both parents and make them orphans indeed, it is hereby delegated to my Executors who are hereby confirmed, J. Carroll Smith, Thomas Carothers, Thomas Gibbs, and Anthony M. Branch, to make such disposition in regard to their welfare as they may think best calculated to carry out the designs as expressed in this my last Will and Testament.

“Tenth: And I direct and enjoin my Executrix and Executors that after the probate and registry of this my last Will, and return of Inventory of my estate, the County or other Court of Probate, have no further control over my Executors or Testamentary Guardian or of my estate.

“Done at Huntsville the second day of April, 1863.

“Sam Houston.”

Will of Julia Ward Howe

Julia Ward Howe, poet, philanthropist and advocate of abolition and of the legal and political rights of women, died October 17, 1910, at the age of ninety-one.

The “Battle Hymn of the Republic,” her most famous creation, was written in 1861; inspired, it is said, by the sight of troops marching to the tune of “John Brown’s Body.”

Her will was filed for probate in November 1910; it is in these words:

“I, Julia Ward Howe, of Boston, in the County of Suffolk and Commonwealth of Massachusetts, widow, do make this my last will and testament.

“I give and devise to George H. Richards, of Boston aforesaid, counsellor at law, and to his heirs, all my real estate in Tumwater, Thurston County, in the State of Washington, but in trust nevertheless, for the benefit of my grandchildren, Samuel P. Hall and Alice M. Richards and their heirs, with power to sell the same or any portion or portions thereof and to invest and re-invest the proceeds of any such sales in either real estate or personal property, and in trust to pay the net income of this trust equally to my said grandchildren or their heirs, and at the end of five years from the time of my death to sell all property, both real and personal, then held in this trust and pay over the proceeds of the same equally to my said grandchildren or their heirs, unless by their joint written request they shall name a later date for the termination of this trust.

“All the rest and residue of my property, real and personal, I give, devise and bequeath to my four children, Florence M. Hall, Henry M. Howe, Laura E. Richards and Maud H. Elliott, and to the issue of any that may have deceased by right of representation.

“I appoint the said George H. Richards, executor of this my will and I request that no sureties be required on his official bond either as executor or trustee.

“In witness whereof, I, the said Julia Ward Howe, have hereunto set my hand and seal this eleventh day of November, A.D. 1897.

“Julia Ward Howe. (Seal)

“Signed, sealed and published by the said Julia Ward Howe, as and for her last will and testament, in the presence of us, who at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses.

“Margaret Livingston Chanler
“Henry Jaques
“Hannah McRae”

Will of John James Ingalls

John J. Ingalls died August 16, 1900. His will was dated August 24, 1889, and is as follows:

“In the Name of God, Amen.

“I, John James Ingalls, of the City and County of Atchison in the State of Kansas, Gentleman, mindful of the uncertainty of life and the certainty of death, do make, publish and declare this my last Will and Testament.

“I give, bequeath and devise unto my beloved wife, Anna Louisa, all my property and estate, real, personal and mixed of every description and wherever situated, and appoint her the sole executrix hereof without bond, surety or undertaking.

“In witness whereof, I have hereunto set my hand this 24th day of August, 1889.

“John J. Ingalls.”

Will of Washington Irving

Washington Irving died November 28, 1859.

The following is an abstract of his will, which was drawn by himself. It bears date the 3rd day of December, 1858, not quite a year before his death. He declared his general intention to be, to dispose of all his estate so that it might be, as far as possible, kept together as a maintenance for his brother Ebenezer and his daughters, who had been accustomed to reside with him, to enable them to live with the same degree of comfort and in the same respectable style they had been accustomed to under his roof.

He gives to his nephew, Pierre Munro Irving, the copyright of his “Life of Washington,” with the stereotype and electrotype plates which had been executed for the same, and the plates engraved for its illustration, together with the printed copies of the work that might have been stricken off, leaving him to do with the copyright, types, etc., what he might think proper for his pecuniary benefit. He bequeaths to him, also, all his letters and unpublished manuscripts.

All the rest of his personal estate, he gives to his brother Ebenezer for his life; and, on his death, to his daughters, then surviving him and unmarried. The will then proceeds:

“Second. I give and devise my land and dwelling house in Westchester County, which I have called ‘Sunnyside,’ to my brother, Ebenezer Irving, for his life. On his death, I give the same in fee to his daughters or daughter surviving him, and unmarried; trusting they will endeavor, as I have endeavored, to make this homestead a rallying point, where the various branches of the family connection may always be sure of a cordial welcome.

“I trust, also, they will never sell nor devise this particular property out of the family—though circumstances may render it expedient or necessary for them to rent it out or lease it for a term; but it is my wish that the last survivor of those to whom I thus bequeath my estate will, in turn, bequeath it entire to some meritorious member of the family bearing the family name, so that ‘Sunnyside’ may continue to be, as long as possible, an Irving homestead.

“I give all the residue of my estate, real and personal, to accompany the devise of ‘Sunnyside’ to the same persons, for the like interests, and subject to the like contingencies and power.

“Third. I authorize my executors to make sale of, or otherwise convert into money or productive funds, all other lands and tenements I may own, wheresoever situated.

“Last. I appoint my brother, Ebenezer Irving, and my nephew Pierre M. Irving, executors of this my will. I revoke all other and former wills.”

*******

“Washington Irving.”

Will of Andrew Jackson

Andrew Jackson died June 8, 1845. Extracts from his will, together with a synopsis of its interesting provisions, are here given:

“And whereas since executing my will of the 30th of September, 1833, my estate has become greatly involved by my liabilities for the debts of my well beloved and adopted son Andrew Jackson Jnr., which makes it necessary to alter the same.”

“First. I bequeath my body to the dust whence it came, and my soul to God who gave it: hoping for a happy immortality through the atoning merits of our Lord Jesus Christ, the Saviour of the World.”

He desires that his body be buried by the side of his wife in the garden at the Hermitage, in the vault prepared in the garden.

He desires that all of his just debts be paid out of his personal and real estate by his Executor, including the debt of “my good friends Gen’l J. B. Planche & Co. of New Orleans, for the sum of six thousand dollars with the interest accruing thereon, loaned to me to meet the debts due by A. Jackson Jnr., for the purchase of the Plantation, from Hiram G. Runnels, lying on the East bank of the River Mississippi in the State of Mississippi. Also a debt due by me of ten thousand dollars borrowed of my friends Blair and Rives, of the City of Washington and District of Columbia, with the interest accruing thereon being applied to the payment of the land bot. of Hiram G. Runnels as aforesaid, and for the faithful payment of the aforesaid recited debts, I hereby bequeath all my real and personal estate. After those debts are fully paid &c.”

After the before recited debts are fully paid, he gives to his adopted son Andrew Jackson, Junier, the tract of land “whereon I now live, known by the Hermitage, with all my negroes that I may die possessed of, with the except on hereinafter named, with all their increase, all household furniture, farming tools, stock of all kind, both on the Hermitage tract farms as well as those on the Mississippi plantation, and his heirs forever.”

To his beloved granddaughter, Rachel Jackson, daughter of A. Jackson, Jr., and Sarah, his wife, he gives several negroes (conveyance theretofore deposited with wife of Andrew Jackson, Jr.), and to his beloved grandson Andrew Jackson, son of A. Jackson, Jr., he gives a negro boy named “Ned, son of Blacksmith Aaron and Hannah his wife”; to his grandson, Samuel Jackson, he gives “one negro boy Davy or George, son of Squire and his wife Gincy.”

To Sarah Jackson, wife of his adopted son, Andrew Jackson, of whom he speaks in very affectionate terms, “I hereby recognize by this bequest, the gift I made her on her marriage, of the negro girl Gracy which I bought for her, ... as her maid and seamster with her increase, and my house servant Hannah, and her two daughters, ... to her and her heirs forever.” “This gift and bequest is made for my great affection for her; as a memento of her uniform attention to me, and kindness on all occasions, and particularly when worn down with sickness, pain and debility, she has been more than a daughter to me and I hope she will never be disturbed in the enjoyment of this gift, and bequest by any one.”

To his nephew, Andrew J. Donelson, he gives “the elegant sword presented to me by the State of Tennessee,” with an injunction.

To his grandnephew, Andrew Jackson Coffee, “I bequeath the elegant sword presented to me by the Rifle Company of New Orleans, commanded by Capt Beal, as a memento of my regard and to bring to his recollection the gallant services of his deceased father Genl. John Coffee in the late Indian and British war under my command, and his gallant conduct in defence of New Orleans in 1814 and 1815, with this injunction, that he wield it in the protection of the rights secured to the American citizen under our glorious constitution, against all invaders whether foreign foes or intestine traitors.”

To his grandson, Andrew Jackson, “the sword presented to me by the citizens of Philadelphia, with this injunction, that he will always use it in defence of the constitution of our glorious union, and the perpetuation of our republican system—remembering the motto ‘draw me not without occasion nor sheath me without honor!’”

“The pistols of Genl. Lafayette which was presented by him to Genl. George Washington and by Col. Wm. Robertson presented to me, I bequeath to George Washington Lafayette as a memento of the illustrious personages thro whose hands they have passed, his father and the father of his Country.”

“The gold box presented to me by the Corporation of the City of New York—the large silver vase presented to me by the Ladies of Charleston, South Carolina, my native State, with the large picture representing the unfurling of the American banner, presented to me by the Citizens of South Carolina, when it was refused to be accepted by the United States Senate, I leave in trust to my son A. Jackson Jnr. with directions that should our happy Country not be blessed with peace, an event not always to be expected, he will at the close of the war or end of the conflict, present each of said articles of inestimable value, to that patriot residing in the City or State from which they were presented who shall be adjudged by his Countrymen, or the Ladies, to have been the most valient in defence of his Country and our Country’s rights.”

To General Robert Armstrong he bequeaths his case of pistols and sword worn by himself throughout his military career.

To his son he leaves all his walking canes, and other relics, to be distributed amongst his young relatives, namesakes—first, to his namesake, Andrew J. Donelson, son of his nephew, A. J. Donelson, first choice, and then to be distributed as his son may think proper.

“Lastly, I appoint my adopted son Andrew Jackson Jnr., my whole and sole Executor of this my last will and testament.”

Will of John Jay

The will of Mr. John Jay, who died at his residence, Bedford, Westchester County, New York, May 17, 1829, in the eighty-fourth year of his age, is as follows:

“I, John Jay, of Bedford, in the county of Westchester, and State of New York, being sensible of the importance and duty of so ordering my affairs as to be prepared for death, do make and declare my last will and testament in manner and form following, viz.:—Unto Him Who is the author and giver of all good, I tender sincere and humble thanks for His manifold and unmerited blessings, and especially for our redemption and salvation by His beloved Son. He has been pleased to bless me with excellent parents, with a virtuous wife, and with worthy children. His protection has accompanied me through many eventful years, faithfully employed in the service of my country; and His providence has not only conducted me to this tranquil situation, but also given me abundant reason to be contented and thankful. Blessed be His holy name. While my children lament my departure, let them recollect that in doing them good, I was only the agent of their Heavenly Father, and that He never withdraws His care and consolations from those who diligently seek Him.

“I would have my funeral decent, but not ostentatious. No scarfs—no rings. Instead thereof, I give two hundred dollars to any one poor deserving widow or orphan of this town, whom my children shall select.”

*******

“I appoint all my children, and the survivors or survivor of them, executors of this my last will and testament. I wish that the disposition which I have therein made of my property, may meet with their approbation, and the more so, as their conduct relative to it, has always been perfectly proper, reserved, and delicate. I cannot conclude this interesting act, without expressing the satisfaction I have constantly derived from their virtuous and amiable behavior. I thank them for having largely contributed to my happiness by their affectionate attachment and attention to me, and to each other. To the Almighty and Beneficent Father of us all, to His kind providence, guidance, and blessing, I leave and commend them.”

Will of Joseph Jefferson

Joseph Jefferson, the distinguished American comedian, died in 1905, in his seventy-sixth year. Aside from his reputation as a great actor, he was a landscape painter of considerable ability. His will, executed in duplicate, is dated the 27th day of October, 1899, and is signed “Joseph Jefferson” and “J. Jefferson.” To certain friends, he bequeaths the sum of twenty-three thousand dollars ($23,000), one of whom was Joseph Sefton, of Fitzroy, Melbourne, Australia.

Unto his wife, Sarah Jefferson, he gives his books, pictures, horses, carriages and other personal property in and about his residence at Buzzards Bay; he also gives her his residence and lands constituting said estate, together with one-third of his bonds, stocks, mortgages and money, as well as one-half of the proceeds of his real estate in Louisiana, and one-third of the proceeds of all other real estate.

His oil paintings, painted by himself, he directed should be equally divided among his wife and children, in the following manner: “My wife shall first choose such paintings as she prefers to an extent equalling her share thereof: then my eldest child shall make a like selection; and my other children shall then in turn make their several selections.”

All the rest of his estate, real and personal, he directs shall be sold and equally divided among his children. The will concludes:

“I desire that my remains shall be deposited in such burial plot or place as shall be selected by my family, and that my funeral shall be strictly private and without show or ostentation of any kind.”

A codicil written at “The Reefe,” Palm Beach, Florida, December 14th, 1904, is in the following words:

“To my Wife and to my Executor:

“I, Joseph Jefferson, being sound of mind, do make and authorize this document as a codicil to my last will and testament.

“I bequeath to my faithful attendant, Carl Kettler, if in my employ at the time of my death, the sum of $1000.00.

“Also I bequeath to George McQueen if in my employ at the time of my death, the sum of $500.00.

“I bequeath to the Actors’ Home $1000.00; to the actors and actresses who are inmates of said Home $500.00; to be equally divided between them.

“I bequeath to the Theatrical Woman’s League $500.00.

“I bequeath to the Actors’ Fund $500.00.

“To my old friend, William Winter, Sr. the sum of $500.00 and one of my pictures painted by myself.

“To my friend, Honorable Grover Cleveland, my best Kentucky reel.

“My fishing and sporting tackle to be divided between my five sons.

“To my friend, Earnest Gittings of Baltimore, one of my own paintings to be selected by my wife.

“J. Jefferson.”

Will of Thomas Jefferson

Thomas Jefferson, the author of the Declaration of Independence, and the third President of the United States, died on July 4, 1826, the same day that his predecessor in office, John Adams, passed away.

His will is dated the 16th day of March, 1826, and on the following day a codicil of equal length was added. Both the will and the codicil will be found attractive and entertaining, and are here fully transcribed.

“I, Thomas Jefferson, of Monticello, in Albemarle, being of sound mind and in my ordinary state of health, make my last will and testament in manner and form as follows:

“I give to my grandson Francis Eppes, son of my dear deceased daughter Mary Eppes, in fee simple, all that part of my lands at Poplar Forest lying west of the following lines, to wit: beginning at Radford’s upper corner near the double branches of Bear Creek and the public road, and running thence in a straight line to the fork of my private road, near the barn; thence along that private road (as it was changed in 1817), to its crossing of the main branch of North Tomahawk Creek; and from that crossing, in a direct line over the main ridge which divides the North and South Tomahawk, to the South Tomahawk, at the confluence of two branches where the old road to the Waterlick crossed it, and from that confluence up the northermost branch, (which separate M’Daniels’ and Perry’s fields) to its source; and thence by the shortest line to my western boundary. And having, in a former correspondence with my deceased son-in-law, John W. Eppes, contemplated laying off for him, with remainder to my grandson Francis, a certain portion in the southern part of my lands in Bedford and Campbell, which I afterwards found to be generally more indifferent than I had supposed, and therefore determined to change its location for the better; now to remove all doubt, if any could arise on a purpose merely voluntary and unexecuted, I hereby declare that what I have herein given to my said grandson, Francis, is instead of, and not additional to, what I had formerly contemplated. I subject all my other property to the payment of my debts in the first place. Considering the insolvent state of the affairs of my friend and son-in-law, Thomas Mann Randolph, and that what will remain of my property will be the only resource against the want in which his family would otherwise be left, it must be his wish, as it is my duty, to guard that resource against all liability for his debts, engagements or purposes whatsoever, and to preclude the rights, powers, and authorities over it, which might result to him by operation of law, and which might, independently of his will, bring it within the power of his creditors, I do hereby devise and bequeath all the residue of my property, real and personal, in possession or in action, whether held in my own right, or in that of my dear deceased wife, according to the powers vested in me by deed of settlement for that purpose, to my grandson, Thomas J. Randolph, and my friends Nicholas P. Trist and Alexander Garrett, and their heirs, during the life of my said son-in-law, Thomas M. Randolph, to be held and administered by them, in trust, for the sole and separate use and behoof of my dear daughter, Martha Randolph, and her heirs; and aware of the nice and difficult distinction of the law in these cases, I will further explain by saying, that I understand and intend the effect of these limitations to be, that the legal estate and actual occupation shall be vested in my said trustees, and held by them in base fee, determinable on the death of my said son-in-law, and the remainder during the same time be vested in my said daughter and her heirs and of course disposable by her last will, and that at the death of my said son-in-law the particular estate of the trustees shall be determined, and the remainder in legal estate, possession, and use, become vested in my said daughter and her heirs, in absolute property forever. In consequence of the variety and indescribableness of the articles of property within the house at Monticello, and the difficulty of inventorying and appraising them separately and specifically, and its inutility, I dispense with having them inventoried and appraised; and it is my will that my executors be not held to give any security for the administration of my estate. I appoint my grandson Thomas Jefferson Randolph, my sole executor during his life, and after his death, I constitute executors my friends Nicholas P. Trist and Alexander Garrett, joining to them my daughter Martha Randolph, after the death of my said son-in-law Thomas M. Randolph. Lastly, I revoke all former wills by me heretofore made; and in witness that this is my will, I have written the whole with my own hand on two pages, and have subscribed my name to each of them this sixteenth day of March, one thousand eight hundred and twenty-six.

“Thomas Jefferson.”

“I, Thomas Jefferson, of Monticello, in Albemarle, make and add the following codicil to my will, controlling the same so far as its provisions go:

“I recommend to my daughter Martha Randolph, the maintenance and care of my well beloved sister Anne Scott, and trust confidently that from affection to her, as well as for my sake, she will never let her want a comfort. I have made no specific provision for the comfortable maintenance of my son-in-law Thomas M. Randolph, because of the difficulty and uncertainty of devising terms which shall vest any beneficial interest in him, which the law will not transfer to the benefit of his creditors, to the destitution of my daughter and her family, and disablement of her to supply him: whereas, property placed under the exclusive control of my daughter and her independent will, as if she were a feme sole, considering the relation in which she stands both to him and his children, will be a certain resource against want for all.

“I give to my friend James Madison, of Montpelier, my gold-mounted walking staff of animal horn, as a token of the cordial and affectionate friendship which for nearly now an half century, has united us in the same principles and pursuits of what we have deemed for the greatest good of our country.

“I give to the University of Virginia my library, except such particular books only, and of the same edition, as it may already possess, when this legacy shall take effect: the rest of my said library, remaining after those given to the University shall have been taken out, I give to my two grandsons-in-law Nicholas P. Trist and Joseph Coolidge. To my grandson Thomas Jefferson Randolph, I give my silver watch in preference of the golden one, because of its superior excellence. My papers of business going of course to him, as my executor, all others of a literary or other character I give to him as of his own property.

“I give a gold watch to each of my grandchildren, who shall not have already received one from me, to be purchased and delivered by my executors to my grandsons, at the age of twenty-one, and granddaughters at that of sixteen.

“I give to my good, affectionate, and faithful servant Burwell, his freedom, and the sum of three hundred dollars, to buy necessaries to commence his trade of glazier, or to use otherwise, as he pleases.

“I give also to my good servants John Hemings and Joe Fosset, their freedom at the end of one year after my death; and to each of them respectively, all the tools of their respective shops or callings; and it is my will that a comfortable log-house be built for each of the three servants so emancipated, on some part of my lands convenient to them with respect to the residence of their wives, and to Charlottesville and the University, where they will be mostly employed, and reasonably convenient also to the interests of the proprietor of the lands, of which houses I give the use of one, with a curtilage of an acre to each, during his life or personal occupation thereof.

“I give also to John Hemings the service of his two apprentices Madison and Eston Hemings, until their respective ages of twenty-one years, at which period respectively, I give them their freedom; and I humbly and earnestly request of the legislature of Virginia a confirmation of the bequest of freedom to these servants, with permission to remain in this State, where their families and connections are, as an additional instance of the favor, of which I have received so many other manifestations in the course of my life, and for which I now give them my last solemn, and dutiful thanks.

“In testimony that this is a codicil to my will of yesterday’s date, and that it is to modify so far the provisions of that will, I have written it all with my own hand in two pages, to each of which I subscribe my name, this seventeenth day of March, one thousand eight hundred and twenty-six.

“Thomas Jefferson.”

Will of Robert E. Lee

General Robert E. Lee died October 12, 1870. The following is a literal copy of his will, together with a schedule of his property:

“I, Robert E. Lee of the U. S. Army, do make ordain & declare this instrument to be my last will & testament revoking all others.

“1. All my debts, whatever they may be, & of which there are but few, are to be punctually, & speedily paid.

“2. To my dearly beloved wife Mary Custis Lee I give & bequeath the use profit & benefit of my whole Estate real & personal, for the term of her natural life, in full confidence that she will use it to the best advantage in the education & care of my children.

“3. Upon the decease of my wife it is my will & desire that my Estate be divided among my children, in such proportions to each, as their situations & necessities in life may require; and as may be designated by her; & I particularly request that my second daughter Anne Carter, who from an accident she has recd. in one of her eyes, may be more in want of aid than the rest, may if necessary be particularly provided for.

“Lastly I constitute & appoint my dearly beloved wife Mary Custis Lee & my eldest son George Washington Custis Lee (when he shall have arrived at the age of twenty one years) executrix & executor of this my last will & testament, in the construction of which I hope & trust no dispute will arise.

“In witness of which I have set my hand & seal this thirty first day of August in the year one thousand eight hundred & forty six.

“R. E. Lee.”

“SCHEDULE OF PROPERTY

Nancy & her children at the White House New Kent all of whom I wish liberated, so soon as it can be done to their advantage & that of others. An undivided third part of the tract of land in Floyd Va. devised to me by my mother, of which I am negotiating a sale with M. N. Burwell for $2,500. My share of property in Hardy Va belonging to the estate of my father. My share of a claim of the property leased to the Government by my father at Harpers Ferry & believed to belong to his estate. My share or ? of 200 acres of land in Fairfax Co: Va:

“R. E. Lee.”

Will of James Lick

James Lick was born at Fredericksburg, Lebanon County, Pennsylvania, on August 25, 1796. He began life as an organ and piano maker, first at Hanover, Pennsylvania, and afterwards at Baltimore, Maryland. In 1820, he started business on his own account in Philadelphia, and shortly afterward emigrated to Buenos Ayres, where for ten years he successfully prosecuted his trade; subsequently, he moved to Valparaiso and later to California, where he arrived with a moderate fortune in 1847. He spent his remaining days in California, dying there October 1, 1876, leaving an estate valued at about $4,000,000. He is said to have been of an unlovable, eccentric, solitary and avaricious character. Had it not been for his last will and testament, he would have died “unwept, unhonored, and unsung.” This one act of his life was a contradiction of the whole. By a trust deed, which was to be fully effective at his death, after bequeathing a number of small legacies to friends and relatives, and reserving for his own use $25,000 per year during his life, he provided for the expenditure of $700,000 for the construction and equipment of an astronomical observatory for the University of California; $25,000 was bequeathed to the San Francisco Protestant Asylum; $10,000 to the California Society for the Prevention of Cruelty to Animals: he also set aside an amount equal to $20,000 for monuments to be erected to the memory of his father, mother, grandfather and sister; $100,000 for the founding of the Old Ladies’ Home of San Francisco; $150,000 for the erection and maintenance of free public baths in San Francisco; $60,000 for the erection of a bronze monument in Golden Gate Park, San Francisco, “to the memory of Francis Scott Key, author of the song, ‘The Star-Spangled Banner;’” $100,000 for a group of bronze statuary representing in three periods the history of California; $540,000 for the founding and erection of a California School of Mechanical Arts: the residue of his estate, he directed should be equally divided between the California Academy of Sciences and the Society of California Pioneers.

The observatory constitutes the astronomical department of the University of California, and was the most cherished of all Mr. Lick’s schemes of public benefaction; it is claimed that he had nursed the idea for many years before he began to put it into practical shape; he directed that the telescope should be superior and more powerful than any yet made, and it was such at the time of its erection; it is now the second largest refracting telescope in the world, being surpassed only by that of the Yerkes Observatory of the University of Chicago, located at Williams Bay, Wisconsin. The situation on Mount Hamilton is particularly advantageous, giving, as it does, an unobstructed view for a radius of one hundred miles, and an opportunity for observation during the greater part of the year,—clear nights occurring regularly for six or seven months out of the year. In its construction, the wishes and hopes of the testator were fully carried out, for, up to that time, no such instrument had ever been cast or attempted.

Will of Henry Wadsworth Longfellow

Longfellow, probably the most popular of American poets, died March 24, 1882.

Certain words were erased in his will, as indicated by the dashes; the instrument follows:

“The last will and testament of Henry Wadsworth Longfellow of Cambridge, in the County of Middlesex and State of Massachusetts, gentleman.

“I devise to my sister Mrs. Anna L. Pierce the sum of Five hundred dollars annually, during her life; and I direct my Executor hereinafter named, to retain in his hands an amount of property sufficient to yield the above sum in each and every year; the principal to be finally distributed among my heirs at law, as hereinafter provided.

“I also give the following sums as legacies to and among my relatives and friends.

“Five —— to my brother Samuel Longfellow. —— the children of my brother Stephen Longfellow. Five Thousand dollars to my brother Alexander Wadsworth Longfellow. —— the children of George W. Greene of East Greenwich, Rhode Island.

“The residue of my property I give to my children, in the same manner, as the same would have descended to them by the statutes of distribution in this Commonwealth, had I died intestate.

“I appoint my friend Richard H. Dana, Sr., Esquire of Cambridge, Executor of this my last will and testament.

“In witness whereof I have hereto set my hand and seal this twenty fifth day of May in the year eighteen hundred and sixty eight.

“Henry W. Longfellow.”

Will of William McKinley

William McKinley died at Buffalo, New York, September 14, 1901. His will is as follows:

“Executive Mansion, Washington.

“I publish the following as my latest will and testament, hereby revoking all former wills.

“To my beloved wife Ida S. McKinley I bequeathe all of my real estate wherever situate, and the income of any personal property of which I may be possessed at death, and during her natural life.

“I make the following charge upon all of my property both real and personal. To pay my Mother during her life One thousand dollars a year, and at her death said sum to be paid to my sister Helen McKinley.

“If the income from property be insufficient to keep my wife in great comfort, & pay the anuity above provided, then I direct that such of my property be sold so as to make a sum adequate for both purposes. Whatever property remains at the death of my wife I give to my brothers & sisters share & share alike. My chief concern is that my wife from my estate shall have all she requires for her comfort & pleasure, & that my Mother shall be provided with whatever money she requires, to make her old age comfortable and happy.

“Witness my hand and seal this 22ond day of October 1897, to my last will and testament made at the City of Washington Dist. of Columbia.

“William McKinley.”

Will of Dolly P. Madison

The will of Dolly P. Madison, Washington’s first social queen, wife of President James Madison, is as follows:

“In the name of God, Amen.

“I, Dolly P. Madison, widow of the late James Madison of Virginia, being of sound & disposing mind and memory but feeble in body having in view the uncertainty of life & the rapid approach of death do make publish and declare the following to be my last will and testament: That is to say I hereby give and bequeath to my dear son John Payne Todd the sum of ten thousand dollars being the one half of the sum appropriated by the Congress of the United States for the purchase of my husbands papers, which sum stands invested in the names of James Buchanan, John G. Mason & Richard Smith as trustees:

“Secondly I give and bequeath to my adopted daughter Annie Payne ten thousand dollars, the remaining half of the said sum of twenty thousand dollars, appropriated as aforesaid by Congress and standing in the names of said trustees, for her lifetime; hereby directing the said sum of ten thousand dollars to remain in the names of the said trustees for the use of my said adopted daughter for her life and that they the said trustees pay the interest as it becomes due on the same, to her, during her life.

“And I further will & devise that should my said son John Payne Todd survive my said daughter that upon her death the sum so devised to her shall be paid over to him & his executors; but in the event of my said adopted daughter Annie Payne, surviving the said John Payne Todd that the sum above devised to her for life shall be held by the said trustees for her & her executors forever free from all condition; leaving all the rest and residue of my property to be administered and distributed according to law.

“D. P. Madison.”

Will of James Madison

Ex-President James Madison, fourth President of the United States, died on June 28, 1836. By his will, he devises unto his wife, during her life, the tract of land whereon he lived; provided that within three years after his death, she would pay the sum of Nine Thousand Dollars for certain lands, but in the event she should not pay said sum, then the land should be sold for cash and divided as afterwards directed in the will.

Unto his wife, he devises his grist-mill with the land attached thereto, for her use during her life, to be sold at her death, and the purchase money to be divided between his nephews and nieces.

Unto his wife, he devises his house and lots in the city of Washington. He likewise gives unto his wife, the negroes owned by him, with the request, however, that none of them should be sold without their consent, unless for misbehavior; except that infant children might be sold with their parents, who would consent for them.

All his personal estate of every description, ornamental, as well as useful, except as otherwise bequeathed, is given to his wife, together with all manuscript papers, with the statement that the testator has entire confidence in her discreet and proper use of them.

He suggests that the report made by him of the Convention at Philadelphia in 1787, would be particularly gratifying to the people of the United States and to all who take an interest in the progress of political science and the cause of true liberty. This report he desires to be published under the authority of his wife and by her direction; the proceeds to be paid out as follows: Two Thousand Dollars to Mr. Gurley, Secretary of the Colonization Society; Fifteen Hundred Dollars to the University of Virginia; One Thousand Dollars to the College of Nassau Hall at Princeton, New Jersey; and One Thousand Dollars to the College of Uniontown, Pennsylvania, for the benefit of their respective libraries. This fund is also to embrace a trust created for the education of the sons of two deceased nephews, Robert S. Madison and Ambrose Madison.

Unto the University of Virginia, the testator gives all that portion of his library which is not possessed by the University and which the board of visitors might deem worthy of a place therein, reserving, however, to his wife, the right to select such books and pamphlets as she should choose, not exceeding three hundred volumes.

To his brother-in-law, John C. Payne, he devises two hundred and forty acres of land on which the said John C. Payne was living.

Unto his stepson, John Payne Todd, he gives the case of medals presented by George W. Erving, and the walking staff made from a timber of the frigate, Constitution, which was presented to the testator by Commodore Elliot, her commander.

His mounted walking staff, bequeathed to the testator by Thomas Jefferson, he directs shall be delivered to Thomas J. Randolph.

There is a codicil to this will, wherein the testator directs that the proceeds of the sale of the grist-mill, upon the death of his wife, shall be paid to the American Colonization Society. The codicil is written with the hand of the testator.

Will of Chief Justice Marshall

The will of the great expounder of the Constitution of the United States is on file in Richmond, Virginia. Included in its provisions is the forest home of Lord Fairfax, Greenway Court, that George Washington surveyed, and where he was frequently a guest. The Chief Justice bought a portion of this land, and received the rest as a fee for arranging the disputed questions between the State of Virginia and the heirs of Lord Fairfax.

The will is dated April 9, 1832, and has five codicils, the last written a short time before his death. The will begins:

“I, John Marshall, do make this my last will and testament entirely in my own handwriting this ninth day of April, 1832. I owe nothing on my own account.”

He mentions a suit for some property he had purchased, and some paper he was on, as surety for a friend. The suit mentioned in the will was one that was not settled until forty years after his decease, and his heirs were so numerous at that time that each received only eleven dollars out of a considerable sum.

The estate is divided equally between an only daughter and five sons, the wife having predeceased him. The share of the daughter is left in trust, and the testator states that common prudence dictates that a daughter should be protected from distress whatever casualties might happen.

His great affection for his wife is evidenced throughout the instrument. In carrying out some of her wishes, he spoke of her as one “whose sainted spirit has fled from the sufferings inflicted on her in this life.” He also requests his daughter to remember that the departed wife “was the most affectionate of mothers.” Accompanying the will was a beautiful eulogy to his wife, which he had written on the first anniversary of her death.

To each of his grandsons named John he gave one thousand acres of land.

The will concludes with the statement that, having prior to that time appointed his sons and son-in-law executors, but fearing so many executors would produce confusion in the management of the estate, he selected for this duty only one, namely, James Keith Marshall, directing that no surety be required of him as such, and allowing him a thousand dollars for his care and pains.

The favorite servant Robin it was directed should be emancipated, and if he desired to go to Liberia, he was to have a hundred dollars for that purpose. If he did not go, he was to receive fifty dollars. If under the law he could not be consistently emancipated, then he was to choose his own master among the sons, or, if he preferred, the daughter of the testator.

Will of James Monroe

James Monroe died July 4, 1831. His will, dated the sixteenth day of May, 1831, is in part as follows:

“Having given my estate called Ashfield to my daughter Elizabeth, which estate cost me about six thousand dollars, it is my will and intention to pay my daughter Maria that sum, to put them on an equality in the first instance; and then divide my property remaining after paying my just debts equally between them, my said daughters; with respect to the works in which I am engaged and leave behind, I commit the care and publication of them to my son in law Samuel L. Gouvernieur, giving to him one third of the profits arising therefrom for his trouble in preparing them for publication, one third to my daughter Maria and one third to my daughter Elizabeth.

“I appoint and constitute my son in law Samuel L. Gouvernieur my sole and exclusive executor of this my last will and testament, hereby revoking all others, giving him full powers to carry it into effect. I recommend my daughter E. K. Hay to the fraternal care and protection of my son in law Samuel L. Gouvernieur.

“James Monroe.”

A codicil to the will is as follows:

“My very infirm and weak state of health, having rendered it altogether impossible for me to manage my own concerns in any one circumstance, I have committed them to Mr. Gouvernieur, in whose integrity I have perfect confidence. This has been extended to the grant lately made me by Congress, which I have authorized him, to enter and dispose of, in his own name, well knowing that he will apply it in that way, with more advantage than if entered in mine—I mention this, as a particular & interesting example, with which I wish my family, as well as he and myself to be acquainted. The whole will be under the operation after my departure of my present testament. He will, of course, pay particular attention to my other debts, as well as to that which I owe to himself, and I further request Captain James Monroe & William M. Price, to adjust and settle my account between Mr. Gouvernieur & myself—this request having been made at his suggestion. Signed sealed published and declared in the presence of —— this seventeenth day of June in the year of our Lord one thousand eight hundred and thirty one.

“James Monroe.”

Will of Gouverneur Morris

Gouverneur Morris, the celebrated orator and statesman of New York, died in 1816. He had great affection for his wife, whom he married late in life. This lady was Miss Ann Randolph, a cousin of John Randolph of Roanoke, and was much younger than himself; their married life was one of great happiness. He bequeathed to her a very handsome income and then provided that in case she remarried the income should be doubled. It must be noted that such cases are rare.

It was Gouverneur Morris who delivered funeral orations on Washington, Hamilton and Clinton, and these addresses are masterpieces in composition and literary finish.

Will of George Peabody

George Peabody died in London, November 4, 1869. He was born in the parish of Danvers, Massachusetts, in 1795: twice during the War of 1812 he was a volunteer in defence of the United States.

He established the house of Peabody & Company in London, and died there, but ever maintained the liveliest interest in his native land; he remained unmarried; during his lifetime, he gave away nearly ten millions of dollars, largely for the betterment of society; the objects of his bounty are too well known to be stated; the most influential during his life being three millions for the promotion of education in the Southern States, and three millions to erect model tenements for the poor of London.

When he died, the Queen attended his funeral in person, accompanied by the Royal Guard, and ordered that his body be placed in Westminster Abbey; Gladstone was one of his pall-bearers; by his will, however, he had directed that his body should rest in Harmony Grove in his native village, by the side of his father and mother and in a spot known to his boyish feet. The body was removed from the Abbey and placed on board the British man-of-war, Monarch, in the presence of the Prime Minister, the Secretary of Foreign Affairs and many distinguished citizens; the Monarch was convoyed to America by a French and an American man-of-war.

The Rev. Newman Hall said, in his funeral oration: “George Peabody waged a war against want and woe. He created homes—he never desolated one. He sided with the friendless, the houseless, and his life was guided by a law of love which none could ever wish to repeal. His was the task of cementing the hearts of Briton and American, pointing both to their duty to God and to Humankind.”

The philanthropy of Peabody was not in secret, or posthumous; he did not clutch his treasures until death should release the grasp; he parted with his millions in his lifetime. Mr. Moody, the Evangelist, relates this incident:

“I was a guest of John Garrett once, and he told me that his father used to entertain George Peabody and Johns Hopkins. Peabody went to England, and Hopkins stayed in Baltimore. They both became immensely wealthy; Garrett tried to get Hopkins to make his will, but he wouldn’t. Finally, Garrett invited both to dinner and afterward asked Peabody which he enjoyed most, the making of money or giving it away. Hopkins cocked up his ears, and then Peabody told him that he had a struggle at first, and it lasted until he went into his model London houses, and saw the little children so happy. ‘Then,’ said Peabody, ‘I began to find out it was pleasanter to give money away than it was to make it.’ Forty-eight hours later Hopkins was making out his will, founding the University and Hospital which bear his name.”

Will of James K. Polk

Mr. Polk had held distinguished positions in the State of Tennessee, but he was in no sense a national figure at the time of his nomination by the Democratic party. His will was written with his own hand at the Executive Mansion in Washington, at a time when he was President of the United States; he was a lawyer of recognized ability, and his will was witnessed by one who had been his law partner, but who was then a senator of the United States. It was evidently the result of much careful deliberation on his part. He died at Nashville on June 15, 1849, comparatively a young man, not long after quitting the office of President of the United States. His widow continued to reside on the Polk place in the City of Nashville, and she survived him some forty years. This venerable lady became one of the most unique social characters in America. An annual pension of five thousand dollars voted by Congress, maintained her in a position of ease and comfort, if not of retired elegance. The legislature of Tennessee, at every one of its sessions, adjourned and paid a ceremonial visit to her at her residence.

The life estate in the home place, which was devised to her by the will of her husband, terminated at her death, some years ago.

President Polk had seven brothers and sisters now dead, but all of whom left numerous children. Many of them joined together in a chancery suit to set aside his will on the ground that it was void as being contrary to the provision of the constitution of the State of Tennessee against perpetuities. It has been suggested that the meanness of these persons was extreme, as the estate was not large, and their action served to upset Mr. Polk’s attempt to perpetuate his memory. The court did set aside the will.

The heirs claimed that the State of Tennessee had no power to accept the trust; that the trust was too vague and uncertain; that it created a perpetuity; that it established a house of nobility, and secured through the instrumentality of the State, a succession to persons related in blood, privileges and honors inconsistent with the laws of the State. The State of Tennessee affirmed that the main object of the testator was to set aside a small lot of land for a tomb for himself and his wife, and that the other matters devised were but incidents.

It was the desire of Polk that his homestead should never pass into the hands of strangers, and also that the most worthy of his name and blood might occupy it from generation to generation. The will also provided that the tomb should be kept in repair forever by the tenant, as a small return for the privilege of being permitted to occupy the home.

Will of George M. Pullman

George M. Pullman, of Pullman Palace Car fame, died October 19, 1897. The will opens with the statement that his wife is not appointed executrix or trustee, because the testator wishes to relieve her of the labors, cares and responsibilities of these positions. Certain friends are appointed executors of the will.

He directs his executors to set aside certain securities of great value, which he gives to a trustee, and directs the income therefrom to be paid to his wife during her life, and upon her death, the principal becomes a part of the residuary estate. A similar provision is made for his daughters. Upon the death of the daughters, however, leaving issue, the property held in trust shall become absolutely the property of such issue in equal shares. Upon the death of either daughter, leaving no issue, but leaving a husband, one-half of the property then held in trust for such daughter shall become absolutely the property of such husband, and the other half shall pass into the residuary estate, as shall all property so held in trust for either daughter dying without having issue or husband.

The eighth item of the will reads as follows:

“Inasmuch as neither of my sons has developed such a sense of responsibility as in my judgment is requisite for the wise use of large properties and considerable sums of money, I am painfully compelled, as I have explicitly stated to them, to limit my testamentary provisions for their benefit to trusts producing only such income as I deem reasonable for their support.” Accordingly he established trusts for their benefit sufficient in the judgment of his executors to yield a fixed income for each with capital over to their issue.

Out of the remainder of his estate, after satisfying the provisions mentioned, the testator provides for his brothers and sisters by pecuniary legacies or trust provisions. In like manner, he also provides for other relatives, friends and employees, including household servants. A number of charitable corporations are also given legacies.

To a daughter, he gives an island in the St. Lawrence River, one of “The Thousand Islands,” on which the testator had erected an edifice known as “Castle Rest,” which was intended for a summer home for his mother, and which was used by her as such until the time of her death. This island and the castle, with all its appurtenances, furniture and pictures, is given to the daughter, as stated. The will then recites:

“It is my special wish that my said daughter shall each year keep open said island and Castle Rest from not later than the 26th day of July, which was my father’s birthday, until after the 14th day of August, which was my mother’s birthday, for the accommodation and enjoyment of all the descendants of my parents who may wish to visit and remain at said Castle Rest for the period during which it is so opened, or for any shorter time within said period.”

The power is given the daughter to dispose of this property by her last will and testament, and if this right is not exercised, the property is to pass to her issue in equal shares.

Full power is given the executors to sell or dispose of the estate at their discretion. He directs that if any residue of the estate remain after the devises, trusts and legacies specifically set forth, have been satisfied, that such excess be divided into two equal shares and held as a trust fund for his daughters.

Will of John Randolph

John Randolph—of Roanoke, as he styled himself—was born at Cawsons, near the mouth of the Appomattox River, on the 3rd of June, 1773. He died of consumption at Philadelphia on the 24th of June, 1833, at the age of sixty years.

He was one of the most remarkable characters that this country has ever produced. As is well known, he was noted both for his brilliancy and his eccentricity; he was repeatedly elected to Congress, served a short time as Minister to Russia, and was also a United States senator.

After his death, it was ascertained that he had left several wills: one was written in 1819; another, without date, though written in 1821, had four codicils, and still another was dated the first day of January, 1832. The first will was not admitted to probate; the last one was set aside, because he was not considered of sound mind at the time he wrote it. The will of 1821, however, after a long contest, was finally upheld; by this instrument, he freed over three hundred slaves. This will and the four codicils are here given literally.

“In the name of God, Amen.

“I, John Randolph, of Roanoke, do ordain this my last will and testament, hereby revoking all other wills whatsoever.

“1. I give and bequeath all my slaves their freedom, heartily regretting that I have ever been the owner of one.

“2. I give to my ex’or a sum not exceeding eight thousand dollars, or so much thereof as may be necessary to transport and settle said slaves to and in some other State or territory of the U.S., giving to all above the age of forty not less than ten acres of land each.

“To my old and faithful servants, Essex and his wife Hetty, who, I trust, may be suffered to remain in the State, I give and bequeath three-and-a-half barrels of corn, two hundred weight of pork, a pair of strong shoes, a suit of clothes, and a blanket each, to be paid them annually; also, an annual hat to Essex, and ten pounds of coffee and twenty of brown sugar.

“To my woman servant Nancy, the like allowance as to her mother. To Juba (alias Jupiter) the same; to Queen the same; to Johnny, my body servant, the same, during their respective lives.

“I confirm to my brother, Beverly, the slaves I gave him, and for which I have a reconveyance.

“I bequeath to John Randolph Clay four hundred dollars annually to complete his education, until he shall have arrived at the age of twenty-four years, earnestly exhorting him never to eat the bread of idleness or dependence.

“I bequeath to my namesake, John Randolph Bryan, my gold watch, chain and seals, and the choice of my horses.

“I bequeath to his brother, Thomas, the choice of two of my horses.

“To William Leigh, of Halifax, I bequeath to him and his heirs forever all the land on which I live, lying between the Owen’s ferry road and Carrington’s, Cooke’s, Lipscomb’s and Morton’s lines. Also, the books, plate, linen, household and kitchen furniture, liquors, stock, tools, and everything as it now stands, hereby appointing him my sole executor. And I do desire that he may not be required to give security, or to make any inventory of anything here; that is, at my mansion-house or the middle-quarter.”

[Cut out in the original.]

“B. Dudley, all the interest I have under the will of Mrs. Martha Corran.

“My interest, under the will of Mrs. Judith Randolph, I desire my executor to sell if he shall see fit, but not otherwise.

“The land above the Owen’s ferry road and the lower quarter, and the land I bought of the Reads, to be sold at my said executor’s discretion, and whatever m[cut out in the original]y debts I give and bequeath to Francis Scott Key and the Rev. Wm. Meade, to be disposed of towards bettering the condition of my manumitted slaves.

“I have not included my mother’s descendants in my will, because her husband, besides the whole profits of my father’s estate during the minority of my brother and myself, has contrived to get to himself the slaves given by my grandfather Bland, as her marriage portion when my father married her, which slaves were inventoried at my father’s death as part of his estate, and were as much his as any that he had. One-half of them, now scattered from Maryland to Mississippi, were entitled to freedom at my brother Richard’s death, as the other would have been at mine.

“Witness my hand and seal.”
The name [cut out in the original].
(Seal.)
“In the presence of
“Richard Randolph, Jr.”

“Codicil to this my will, made the 5th day of December, 1821. I revoke the bequest to T. B. Dudley, and bequeath the same to my executor, to whom also I give in fee simple all my lots and houses in Farmville, and every other species of property whatever that I die possessed of, saving the aforesaid specifications in my will.”

[The name cut out of the original.]

“Amelia County.

“The reason of the above revocation I have communicated to Wm. J. Barksdale, Esq.”

The codicil of 1826.

“In the name of God, Amen. I, John Randolph, of Roanoke, being of sound mind and memory, but of infirm health, do ordain this codicil to my last will and testament, now in the possession of Wm. Leigh, Esquire, of Halifax county, Virginia, executor thereof, which said appointment I do hereby confirm, with all the bequests made to him therein, and bequests to or for the benefit of all, each and every of my slaves, whether by name or otherwise, and all bequests to him and them which may be contained in my codicil to my last will. I make the same provision for my body servant John that I made in my will for his father Essex, and the same provision for the said John’s wife Betsy that I made for Hetty, the wife of Essex aforesaid, and similar provision for my man servant Juba, and his wife Celia, and the same for mulatto Nancy at the Lower Quarter, Archer’s wife. And I humbly request the General Assembly (the only request that I ever preferred to them) to let the above named, and such other of my old and faithful slaves as desire it, to remain in Virginia, recommending them, each and all, to the care of my said ex’or, who I know is too wise, just and humane, to send them to Liberia, or any other place in Africa, or the West Indies.

“I revoke all and every bequest in my said will, or in any former codicil thereto (except as aforesaid, to my executor Wm. Leigh, and my slaves, whether by name or otherwise), of every description whatsoever, whether of my own proper estate or in expectancy or reversion from the Bland and Bizaree estate, or from any other contingency or source whatsoever. These reversions or remainders, or executor’s devises, or whatsoever the law chooses to call them, I bequeath to my said executor, as a fund to be used at his discretion for the benefit of my slaves aforesaid, the surplus, if any, to be his own.

“I also give and bequeath to the said Wm. Leigh, my executor, the land that I bought of Pleasant Lipscomb’s estate, to him and his heirs forever.

“I also give and bequeath to my said executor and his heirs forever the lot of fifty-three acres of land lying at the deep gut on Staunton river, in Halifax county, that I bought of Wm. Sims Daniel, and I request my said executor not to sell or lease the same, but to work it in three shifts, and to enable him to do so, I give and bequeath to him the lot of one hundred and seventy-five acres of land in Halifax county, which I also bought of Wm. Sims Daniel, to have and to hold during his natural life, and at his decease to that one of his children to whom he shall bequeath the aforesaid lot of fifty-three acres at the deep gut.

“I give and bequeath to my friend, Thomas H. Benton, all that part of the tract of land that I bought of Jonathan Read’s heirs, that lies on the south-eastern side of Little Roanoke, containing about six hundred acres, as a mark of my regard to one whose friendship toward me was not expressed merely in words. I also give him my large pistols, made by Woydon & Burton.

“To my friend, Doctor John Brokenbough, I leave all my plate made by Rundle, Bridge & Rundle, viz.: 1 tea pot, one coffee pot, 1 sugar dish and tongs, two tureens, 4 sauce dishes. All the rest and residue of my plate, furniture of every sort, plantation utensils, &c., I give to my said executor, Wm. Leigh, and all my books, maps, charts, pictures, prints, and &c., except three folio manuscript volumes, bound in parchment, which I bequeath to the master and fellows (and their successors) of Trinity College, Cambridge, Old England, the first college of the first University of the world.

“To my friend Wm. J. Barksdale, of Haw Branch, Esquire, I bequeath my new English saddle and bridle, my silver spurs, my new English boots, and shoes, two pair each, my gold watch made by Baiwese, with the chain and seals, except the oldest seal with the Randolph arms and motto nil admirari, which I leave to R. Kidder Randolph, of Rhode Island.

“I also leave to the said W. J. Barksdale the choice of any of my mares or fillies.

“I leave to Edmond Irby, of Nottoway, the next choice of my mares or fillies, and any one of my horses or colts, to be selected by himself; also, my double barrel gun.

“To Peyton Randolph, of Buck river, Prince Edward, I leave my small cockney gun by Mortimer.

“All the rest and residue of my estate, real or personal, I leave to my executor, Wm. Leigh, hereby directing that no inventory or appraisement be made of my estate, and that no security shall be required of my said executor for the faithful discharge of the trust reposed in him—his own character being the best security, and where that is wanting, all other is unavailing.

“In witness whereof I have hereunto set my hand and affixed my seal (the following interlineation and expungings being first made; in the second paragraph the word ‘Essex’ interlined; in the third paragraph the word ‘former’ interlined, and the word ‘or’ expunged; and in the 7th paragraph the words ‘and tongs’ interlined) this thirty-first day of January, one thousand eight hundred and twenty-six (the whole of this codicil being written in my own hand).

“John Randolph, of Roanoke, (Seal).

“In presence of
“M. Alexander,
“Nath. Macon.

“Memorandum.—The folio volumes of Ms. bound in parchment, containing the records, &c., of the old London company.”

The Codicil of 1828.

“Being in great extremity, but in my perfect senses, I write this codicil to my will in the possession of my friend Wm. Leigh, of Halifax county, Esquire, to declare that will is my sole last will and testament, and that if any other be found of subsequent date whether will or codicil, I do hereby revoke the same.

“Witness my hand and seal.

“John Randolph, of Roanoke, (Seal.)

“May 6, 1828.

“Witness,
“Edmund Morgan,
“Jo. M. Daniel,
“Robert Carrington.

“N.B.—When I was about to embark for Europe, in 1822, I did write a codicil on board the steamboat that was carrying me to the packet ship Amity, which codicil by my direction, Mr. Leigh destroyed.

“Since writing the above, it has occurred to me that the will referred to, as being in Mr. Leigh’s possession, makes no disposition of the land that I purchased of Walter Coles and Letty his wife; also the land I bought of ... Daniel, consisting of two small tracts in Halifax; also, of the land purchased of Pleasant Lipscomb’s heirs. Now this writing witnesseth, that I give and bequeath the whole of the above recited lands, purchased since the date of my will aforesaid, to William Leigh, Esquire, my faithful friend, who has given me aid and comfort, not with words only, but by deeds.

“I also give and bequeath to him and his heirs forever, not each and every of the aforesaid tracts of land, but all the property of every description and kind whatsoever that I may have acquired since the date of that will aforesaid.

“Witness my hand and seal this same sixth day of May, 1828.

“John Randolph, of Roanoke, (Seal.)

“Edmund Morgan,
“Jo. M. Daniel,
“Robt. Carrington.

“In the will above recited, I give to my said ex’or, Wm. Leigh, the refusal of the land above Owen’s (now Clark’s) ferry road, at a price that I then thought very moderate, but which a change in the times has rendered too high to answer my friendly intentions towards my said executor in giving him that refusal. I do, therefore, so far, but so far only, modify my said will as to reduce that price 50 per cent.; in other words, one-half, at which he may take all the land above the ferry road that I inherited from my father, all that I bought of the late John Daniel, deceased, and of Tom Beaseley, Charles Beaseley, and others of that name and family, this last being the land that Gabriel Beaseley used to have in possession, and whereon Beverly Tucker lived, and which I hold by deed from him and his wife, of record in Charlotte county court.

“Witness my hand and seal —— day and year aforesaid.

“John Randolph, of Roanoke, (Seal.)

(The words ‘but so far only,’ and the word ‘from’ in the preceding page, first interlined.)

“Witness,
“Edmund Morgan,
“Jo. M. Daniel,
“Robt. Carrington.”

“As lawyers and courts of law are extremely addicted to making wills for dead men, which they never made when living, it is my will and desire that no person who shall set aside, or attempt to set aside, the will above referred to, shall ever inherit, possess, or enjoy any part of my estate, real or personal.

“John Randolph, of Roanoke, (Seal.)

“Teste,
“Robt. Carrington,
“Edmund Morgan,
“Jo. M. Daniel.”

Codicil of 1831.

“On the eve of embarking for the U.S., considering my very feeble health, to say nothing of the dangers of the seas, I add this codicil to my last will and testament and the codicils thereto, affirming them all, except so far as they may be inconsistent with the following disposition of my estate:

“1. It is my will and desire that my dear niece, Elizabeth Tucker Bryan, shall have my lower quarter, with the lands purchased of Coles and wife and of Allen Gilliam’s estate, with the mill; and I do hereby bequeath the same to her and her heirs forever.

“2. To my brother, Henry St. George Tucker, I give and bequeath all my Bushy Forrest estate, on both sides of Little Roanoke, bought of the Reads, and all my interest in the estate of Mrs. Martha Corran, and my lots and houses in Farmville.

“3. I have upwards of two thousand pounds sterling in the hands of Barring Brothers & Co., of London, and upwards of one thousand pounds of like money in the hands of Gowane Marx; this money I leave to my ex’r, Wm. Leigh, as a fund for carrying into execution my will respecting my slaves. And in addition to the provision which I have made for my faithful servant John, sometimes called John White, I charge my whole estate with an annuity to him during his life of fifty dollars; and, as the only favor that I ever asked of any government, I do entreat the Assembly of Virginia to permit the said John and his family to remain in Virginia; and I do earnestly recommend him and them to my executor aforesaid and to my dear brother and niece aforesaid.

“4. My plate and library I leave to my dear niece, E. T. Bryan.

“Witness my hand, in Warwick street, Charing Cross, London, this twenty-ninth day of August, one thousand eight hundred and thirty-two, to which I have also appended my seal.

“John Randolph, of Roanoke, (L. S.)”

[Endorsement on the envelope,]
“J. R., of R.

In case of accident, to be sent to the U.S.”

Will of Paul Revere

Paul Revere died May 10, 1818; his will is dated the 15th day of November, 1816, and a codicil, the 14th day of March, 1818.

“In the name of God, Amen. I, Paul Revere of Boston in the County of Suffolk and Commonwealth of Massachusetts, Esquire, being in good health and of sound memory, but knowing that all men must die, do make and declare this to be my last will and testament.”

The payment of his just debts is directed, and the executor is to sell the real estate, if the personal property is not sufficient for that purpose.

“Item. I give, bequeath and devise unto my five children hereafter named, Mary Lincoln, wife of Jedediah Lincoln, Joseph Warren Revere, John Revere, Harriet Revere, Marie, wife of Joseph Balestier, each and every of them four thousand dollars.”

Item. Unto each of certain grandchildren, eighteen in number, the children of his deceased daughters, Deborah, Frances and Elizabeth, and a deceased son, Paul, he gives the sum of five hundred dollars.

“Item. It is my will that my grandson Frank (who now writes his name Francis) Lincoln, eldest son of my late daughter Deborah, shall have no part of my estate, except one dollar, which is here bequeathed to him.”

Item. He desired that Joseph Warren Revere, his son, should be appointed guardian of the children of his deceased daughters, who should be under age at the time of the division of his estate. Joseph Warren, who had been of great assistance to his father in bringing the “copper business to the state in which it now is,” is given the right to take, at a certain valuation, “all my real estate in the town of Canton, and County of Norfolk, whether lands, houses, mills, furnaces, together with the tools and instruments thereunto belonging, with all my stock, manufactured and unmanufactured, in Canton, Boston, or elsewhere.”

Item. A preference of five hundred dollars over other heirs is given his grandson, Frederick Walker Lincoln, and to Joseph Eayres, another grandson, a preference of two hundred and fifty dollars.

Item. Unto his daughter, Harriet, should she be unmarried at the time of his death, he gives and bequeaths all household furniture for her sole use forever.

Item. John Revere, his son, was appointed sole executor.

“Item. I give the residue of my estate, real and personal, if any remain, after the payment of my debts and the legacies herein given, to my son, Joseph Warren, and his heirs forever.” All former wills were revoked.

By a codicil, the amount given Mary Lincoln, Harriet Revere, and Marie Balestier, twelve thousand dollars, is annulled, and that sum is given in trust to his son, Joseph W. Revere, for the benefit of said daughters, the interest to be paid them during their natural lives, and after their deaths, respectively, the said fund is to be paid to their heirs (if the beneficiaries had not disposed of the same by will).

Will of Russell Sage

Russell Sage died July 21, 1906. His will is a clear, concise and pointed document, and might well serve as a model of its kind. Under it, safely passed one of the largest fortunes ever accumulated in the United States. It reads:

“I, Russell Sage, of the City and State of New York, do hereby make, publish and declare this my last Will and Testament, in manner and form following:

“First: I direct that all my just debts and funeral expenses be paid as soon after my decease as conveniently can be done.

“Second: I give and bequeath to my sister, Fanny Chapin, wife of Samuel Chapin, of Oneida, New York, should she survive me, the sum of Ten thousand ($10,000) dollars.

“Third: I give and bequeath to each and every of my nephews and nieces of my own blood me surviving, the sum of Twenty five thousand ($25,000) dollars; and in the event that any of such nephews or nieces shall have died before me, leaving lawful issue him or her surviving, then I give and bequeath a like sum of Twenty five thousand ($25,000) dollars to the surviving lawful issue of each nephew or niece so dying before me, the same to be distributed among such issue share and share alike, per stirpes and not per capita.

“Fourth: All the rest, residue, and remainder of my estate, real, personal and mixed, wheresoever situate, of which I may die seized or possessed, or to which I may be entitled at the time of my decease, I give, devise and bequeath to my wife, Margaret Olivia Sage, to have and to hold the same to her, absolutely and forever.

“Fifth: This provision for my wife is to be in lieu of all right of dower in my estate.

“Sixth: I authorize and empower my executors hereinafter named, and the survivors and survivor of them, to sell and dispose of all or any of the real estate of which I shall die seized or possessed, at public or private sale, at such times and on such terms and conditions as they, the survivors or survivor of them shall deem meet or proper, and to execute, acknowledge and deliver all proper writings, deeds of conveyance and transfers therefor.

“Seventh: Should any of the gifts and bequests made by me in the second and third paragraphs of this my will lapse or fail for any reason, I direct that the bequests so lapsing or failing shall go to and form part of my residuary estate, and be disposed of under and in accordance with the provisions of the fourth paragraph of this my will.

“Eighth: I nominate, constitute and appoint my wife, Margaret Olivia Sage; Dr. John P. Munn, of the City of New York; Almon Goodwin of said City, and Charles W. Osborne long my confidential and trusted assistant, the survivors and survivor of them, executrix and executors of this my last Will and Testament.

“In the event of the death, refusal or inability to act of said Charles W. Osborne, I hereby nominate and appoint Edward C. Osborne, also for some years past in my employment, as Executor in his place and stead. I further direct that none of the persons above named as executors shall be required to give any bond or security for the proper discharge of their duties.

“Ninth: I hereby authorize and direct my said executors to rent a suitable office for the transaction of the business of my estate, and to employ and pay out of the funds of my estate all the clerks and bookkeepers that may be necessary for the proper care and management thereof.

“Tenth: I hereby revoke all former or other wills and testamentary dispositions by me at any time heretofore made.

“Eleventh: Should any of the beneficiaries under this my will, other than my said wife, object to the probate thereof, or in any wise, directly or indirectly, contest or aid in contesting the same, or any of the provisions thereof, or the distribution of my estate thereunder, then and in that event I annul any bequest herein made to such beneficiary, and it is my will that such beneficiary shall be absolutely barred and cut off from any share in my estate.

“In witness whereof I have hereunto subscribed my name and affixed my seal at No. 2 Wall Street, New York City, Borough of Manhattan, this eleventh day of February, 1901, in the presence of Edward Townsend and Richard W. Freedman, whom I have requested to become attesting witnesses hereto.

“Russell Sage. (Seal.)

“The foregoing instrument was subscribed, sealed, published and declared by Russell Sage as and for his last Will and Testament, in our presence and in the presence of each of us, and we, at the same time, at his request, in his presence and in the presence of each other, hereunto subscribe our names and residences as attesting witnesses this 11th day of February, 1901.

“Edward Townsend, 130 West 121st St., New York.
“R. W. Freedman, 32 West 123rd St., N. Y. City.”

Will of John Sherman

John Sherman died Oct. 22, 1900. His will is as follows:

“Impressed with the uncertainty of human life I, John Sherman now a Senator of the United States and from the State of Ohio and a Citizen of Mansfield, do make and declare and publish this as my last will and testament.

“Article One.. As the property I own has been mainly acquired since my marriage with Cecilia Stewart Sherman and my highest obligation is to her, I wish to secure her an ample provision during her life with reasonable means of bequest at her death; Therefore I hereby give, devise and bequeath to her as follows:

“First. All my furniture, books, clothing, chattels and live stock and carriages wherever they may be at my Death (except such Books and papers as may be herein otherwise disposed of) to have and to hold in her own right without inventory and with power to dispose of as she deems proper.

“Second. I give and devise to her in fee simple all that part of the South east quarter of section Twenty (20) in Madison Township, Richland County, Ohio: Known as the Stewart farm and not disposed of at my death, my interest being three parts thereof and her interest by inheritance being one fourth, this is to include all sums due or accruing at the time of my death on contracts for the sale of any part of said farm.

“Third. I give and devise to her for and during her natural life, and for one year after her Death the use and occupation of my residence in Mansfield, Ohio, including all the lands and lots I now own, or may hereafter acquire, lying between West Market and Fourth Streets and Penn Avenue and Sycamore Street. And I give and devise to her for and during her Natural life and for One year after Death any House and the lot or lots on which it stands in the City of Washington then belonging to my estate which she may select and I direct my executors to pay all taxes General or special on the property described in this clause, and to keep it in good repair out of my General estate.

“Fourth. I give and bequeath to her for and during her natural life an annuity of Twelve Thousand dollars payable monthly or one thousand Dollars a month at the beginning of each month, and in addition I bequeath to her the sum of five thousand dollars payable Promptly at my Death and the further sum of Twenty Thousand dollars to be disposed of by her will or other gift after her death and to secure the prompt and certain payment of this annuity I charge it upon all my property or the proceeds of it, not required to meet the other provisions of this will, and I direct my executors within six months after my death to set aside as a special Fund enough income producing property to yield without reasonable doubt the said sum of Twelve Thousand Dollars a year free from all Taxes and repairs to be selected by her, one half or more of which shall be rentable real estate, and such property and the income thereof shall be held to secure the payment of said annuity and any deficiency shall be made good from my general estate, a descriptive inventory of the property so set aside shall be delivered to her, and no part of it shall be sold or disposed of without her written consent.

“At her death the said property shall revert to my estate. This provision for my wife shall be in full for her dower, her year’s allowance and any other allowance or provision provided by law for a widow, and I trust will be accepted by her as a just and ample one made with an earnest desire for her ease and comfort.

“Article Second. I give, devise and bequeath to my adopted Daughter, Mary Stewart Sherman the sum of One Hundred Thousand dollars as follows: I hereby direct my Executors within six months after my death with the consent and approval of my Daughter to set aside dedicate and designate as Mary’s separate property so much of my estate as is equal in Cash value to the said sum of One Hundred Thousand dollars, one half or more of which shall be productive real estate and the remainder in good income producing Stocks, Bonds and Mortgages and the said property shall be held by my wife as long as she lives, as trustee for Mary, with power to re-invest and change security; the income and rents of said property or so much thereof as is necessary for the support and maintenance of Mary shall be paid to her as needed. Upon the death of my wife the principal whether in real estate or securities shall be conveyed transferred and delivered to Mary or to her issue in full ownership. If Mary should die without issue before the Death of my wife this devise and bequest shall revert to my estate.”

Then follow legacies to brothers and sisters, amounting to $90,000.

“I give and bequeath to Kate Willock the only child of my sister Julia Willock (deceased) the sum of $600.00 a year (in lieu of an annuity I am now paying her) payable quarterly until the death of my wife, and if she survives my wife I give her five thousand dollars. The several bequests made in the third article are made (the 4th clause excepted) with the distinct condition that at the discretion of my executors they may be paid any time within two years after my death and either of them in whole or in part in any real estate of which I die seized at its fair market value.

“Article Four. I hereby constitute and appoint my wife Cecelia Stewart Sherman and my Nephew Henry Stoddart Sherman as the Executors of this my will and testament.

“I hereby will and direct that within two years after my Death my books and papers so far as needed shall be placed in the possession of some competent person and he shall prepare and publish an impartial Biography of me with selections of my speeches and writings and I appropriate for that purpose the sum of Ten Thousand dollars to be paid by my Executors as needed. This provision is made not to secure a eulogy for I am conscious of many faults, but I claim that in my duty to the public I have been honest, faithful and true. I hereby allow to Henry S. Sherman Two Thousand dollars a year commencing at the date of my death and continuing as long as he lives and my wife survives me, as full compensation for his services as executor and his acceptance of this trust shall be considered as his agreement to this rate of compensation. I trust my wife will take an active part as executrix for which I wish her paid liberally.

“After the death of my wife when the special fund provided for her support lapses to my estate I hereby give and bequeath:

“1st. To the President and Faculty of Kenyon College Ohio Five Thousand dollars. 2nd. To the president and Faculty of Oberlin College Ohio five Thousand dollars. 3rd. To the City of Mansfield, Ohio, Five Thousand dollars for the Improvement of the Sherman-Heineman Park each to be paid within one year after the Death of my wife.

*******

“Article Six. The rest and residue of my property and the accretion thereto after the death of my wife and the full execution of all the foregoing provisions of this will I hereby give, devise and bequeath in equal parts share and share alike to my Daughter Mary Stewart Sherman to Henry S. Sherman (son of my Brother Charles) to Hoyt Sherman (son of my Brother James) to Philemon Tecumseh Sherman (son of my Brother William T.) to Charles H. Sherman (son of my Brother Lampson) and to Charles M. Sherman (son of my Brother Hoyt) to be divided if practicable among the Six by amicable partition. In case of the Death of either of said residuary Legatees before this bequest accrues then his or her Share is hereby granted to his or her heirs at Law.

“Having made and declared this will after full consideration not in view of Death but of its ever constant possibility I appeal to my relatives to aid my Executors in a spirit of forbearance to carry it into full effect. I allow my Executors two years without interest to pay the legacies in article three of this will.

“I hope to live long enough to execute many provisions of this will, when they Shall cease and terminate. Any person contesting this will shall receive no gift or devise or legacy under it and my Executors are authorized and enjoined not to pay any such nor shall such person receive any portion of my estate by inheritance.

“John Sherman.”

There is a codicil to this will, dated the 15th day of January, 1900; in it two executors are named, one of those mentioned in the will having died: provision is made for the compensation of the executors, and other matters of minor importance are set forth.

Will of Myles Standish

Captain Myles Standish, Longfellow’s hero, died at Duxbury, Massachusetts, on Friday, October 3, 1656; his will was made March 7, 1656.

“1 my will is that out of my whole estate my funerall charges be taken out & my bod[y] to bee buried in Decent manor and if I Die att Duxburrow my body to bee layed as neare as Conveniently may bee to my two Daughters Lora Standish my daughter and Mary Standish my Daughterinlaw

“2 my will is that out of the remaining prte of my whole estate that all my Jus[t] and lawfull Debts which I now owe or att the Day of my Death may owe bee paied

“3 out of what remaines according to the order of this Gov^rment: my will is that my Dear and loveing wife Barbara Standish shall have the third prte

“4 I have given to my son Josias Standish upon his marriage one young horse five sheep and two heiffers which I must upon that contract of marriage make forty pounds yett not knowing whether the estate will bear it att p^rsent; my will is that the resedue remaine in the whole stocke that every one of my four sons viz Allexander Standish Myles Standish Josias Standish and Charles Standish may have forty pounds appeec; if not that they may have proportionable to y^e remaining prte bee it more or lesse

“5 my will is that my eldest son Allexander shall have a Doubble share in land

“6 my will is that soe long as they live single that the whole bee in prtenership betwix[t] them

“7 I Doe ordaine and make my Dearly beloved wife Barbara Standish Allexander Standish Myles Standish and Josias Standish Joynt Exequitors of this my last will and Testament

“8 I Doe by this will make and appoint my loveing frinds M^r Timothy Hatherly and Capt: James Cudworth Supervissors of this my last will and that they wilbee pleased to Doe the office of Christian love to bee healpfull to my poor wife and Children by theire Christian Counsell and advisse....

“By mee Myles Standish”

Will of Jane Lathrop Stanford

Jane Lathrop Stanford, late of San Francisco, California, together with her husband, Leland Stanford, founded the Leland Stanford Junior University. By her will, which is dated the 28th day of July, 1903, she gives many pecuniary legacies to relatives, friends and charitable institutions. Item XXII of her will reads as follows:

“All the rest, residue and remainder of my property and estate, of every kind and nature and wheresoever situated, not hereinbefore disposed of, I give, devise and bequeath to the Board of Trustees of the Leland Stanford Junior University as founded and endowed by my husband and myself by our joint grant of November eleventh, 1885, ... to have and to hold to the said Trustees and to their successors forever as an integral part of the endowment of the said University, upon the trust that the principal thereof shall forever remain intact, and that the rents, issues and profits thereof shall be devoted to the maintenance of said University.”

The will concludes with a beautiful expression of her faith in God and of her belief in a future life, in these words:

“I wish thus publicly to acknowledge my great gratitude to an allwise, loving Heavenly Father for His sustaining grace through the past ten years of bereavement, trial and disappointments. In all I have leaned hard on this Great Comforter and found rest and peace. I have no doubt about a future life beyond this; a fair land where no more tears will be shed and no more partings had.”

Will of Alexander Stephens

Alexander H. Stephens died March 4, 1883. His will is as follows:

“Georgia, Taliaferro County.

“In the name of God, Amen: I, Alexander H. Stephens, of the State and County aforesaid, being of sound mind and disposing memory, do make and declare the following to be my last will and testament hereby revoking and annulling all other wills heretofore made by me, and codicils thereto:

“Item First: It is my will and desire that my friend Quinea O. Neal shall have a home at ‘Liberty Hall’ and comfortable support out of my estate as long as he lives:

“Item 2nd: Eliza Stephens widow of Harry Stephens is to have a home in the house she now occupies as long as she may feel disposed to, free from rent or charge:

“Item 3rd: I will and bequeath to the children of my deceased Brother Linton Stephens the sum of Ten thousand dollars in money the same to be divided into six equal shares of Sixteen hundred and Sixty six dollars and sixty six cents each; the share which would go to Rebecca Salter, daughter of my said Brother were she in life, I bequeath to her two children to wit: John and Agnes Emiline Salter: the share which would go to Emiline Stephens, daughter of my said Brother, I bequeath also to the said John and Agnes Salter. The other four shares I bequeath to Claude, Nora, Alexander and Rose Mary Stephens, children of my said Brother Linton, each separately and severally.

“Item 4th. I hereby constitute my sister in law, Mary W. Stephens testamentary guardian of the property herein bequeathed to John and Agnes Emiline Salter and also of the property in like manner bequeathed to Nora, Alexander and Rose Mary Stephens.

“Item 5th: The share given to my niece Claude Stephens, I wish to go in any way she may by written instructions, direct, by will or otherwise even if made before my death.

“Item 6th: The portrait of my brother Linton, by Healy, I leave to sister Mary W. Stephens, his widow, to dispose of as she sees proper; and if she dies without disposing of it, then to the State Library at Atlanta.

“Item 7th: The portrait by the same artist of my said Brothers first wife which I intended for Emma Stephens, her daughter, I wish if she shall so direct, to go to Agnes Emiline Salter:

“Item 8th: I wish sister Mary W. Stephens, widow of my said Brother Linton to have all his letters, which are in my possession except such as she may agree to let my Executor have:

“Item 9th: If my Nephew Alexander Stephens son of my Brother Linton, lives to the age of Twenty one years, I wish him to have if he desires them, all the letters in my possession, which passed between his father and myself, which run through a period of nearly forty years.

“Item 10th: According to a promise made to Micajah L. Jones, the house and lot which he occupied at the time of his death, and whereon his widow now lives, I bequeath to his said widow Minervia Jones for and during her natural life, and at her death to her children by the said Micajah L. Jones. And if her said children shall die without issue living at their death then the remainder to go to my Nephew, Clarence Stephens. Provided further that if her son Carey Jones shall pay to my Executor the sum of two hundred dollars, then he is to have said lot after the death of his mother, and full titles to this effect shall be made to him the said Carey by my Executor: and my Executor shall pay over said sum of two hundred dollars to the said Clarence Stephens:

“Item 11th: To my nephew Linton A. Stephens I bequeath my Baptist Church, Atlanta fair Gold headed cane, besides what I have given him:

“Item 12th: To my Nephew Alexander Stephens, son of my Brother Linton, I give my Gold headed Oglethorpe County cane.

“Item 13th: To my Niece Mary S. Carey, I give my marble top centre table, which belongs to my parlor:

“Item 14th: To my faithful servant, Alexander Kent, I give the sum of two hundred dollars for his kind attention to me.

“Item 15th: To Jane Moore, daughter of Harry Stephens, and Quinea and Fanny Stephens, I give the sum of Ten dollars each.

“Item 16th: To Dora Stephens I give the gold watch which she now has in her possession.

“Item 17th: To all the other of my old servants, I wish my Executor to give such articles of furniture or other things, as mementos he may see fit and proper:

“Item 18th: My property I think upon a fair valuation is worth twelve thousand dollars. All this after payment of the foregoing specific legacies and charges, I give to my Nephew John A. Stephens, who is hereby constituted Executor of this will. All the remainder of my Estate, consisting of real and personal property, and everything of value I may die possessed of, including my Library, Manuscripts, &c. I bequeath to him on condition that he shall pay all my debts: and the foregoing specific legacies. The payment of the legacies to the minor children of my Brother Linton, and Rebecca Salters two children, I wish to be in three annual installments if my Executor shall desire: the interest on all legacies to commence one year after my death at the rate of seven per cent per annum: In this way, the minor children will have plenty to pay their annual school bills: And my said Executor may be able, by sale if necessary, to raise the funds to meet his engagements without embarrassment: I will also add that I have never before given to my brother Lintons children anything but a few small presents; while I have given to my brother John and his children quite as much, perhaps, if not more than I now leave to Lintons children: And I with my brother Linton have also given to the children of our sister Catherine Grier several thousand dollars, the exact amount I do not now remember, nor is it material, but quite as much as I feel able to give them: The foregoing four pages penned by John A. Stephens, my Executor and written at my dictation, I have carefully read, with the three interlineations on the third page and the erasure of the word in the second line from the bottom on same page; and pronounce the whole, as the 18 items now stand to be correct and as I wish and will it.

“In witness whereof I have hereto set my hand and seal, this 15th day of July, 1881.

“Alexander H. Stephens.”

Will of Harriet Beecher Stowe

Harriet Beecher Stowe died at Hartford, Connecticut, July 1, 1896. Her will is as follows:

“I, Harriet Beecher Stowe of Hartford Conn. being of sound and disposing mind and memory do make and ordain this my last will and testament.

“1. I direct that all my just debts and funeral charges be first paid.

“2. I give and devise to my son Charles the large silver inkstand given me by the women of England, also the cabinet of signatures standing in the hall. I give to my daughter Harriet the large silver waiter given to me by the women of England, and to my daughter Eliza the silver cake basket given to me by the women of England, and I give to my daughter Georgiana the gold bracelet given to me by the Duchess of Sutherland.

“3. I give all my pictures to my children to be divided among them by each choosing one beginning with the oldest and so in succession until they are all chosen.

“4. All the rest and residue of my property I give and devise as follows:

I give one third thereof to my son Charles, to him and his heirs for ever.

The remaining two thirds I give to John C. Parsons of the City of Hartford, as Trustee for the following purposes.

To safely invest and hold the same, and pay over half the income thereof quarterly to each of my two daughters Harriet and Eliza, so long as they both live, upon the death of either, said Trustee shall pay the whole of said income to the survivor so long as she shall live. If it shall become necessary, I authorize said trustee to expend from the principal such sums as shall be needed for the support of my said two daughters, if for any reason the income thereof shall not be sufficient for their support, but not otherwise. Upon the death of both my said daughters said trust shall cease, and the principal then in the hands of said Trustee or his successor I give to my son Charles, or his descendants if he should then be deceased. I make no provision out of my estate for my daughter Georgiana at her special request alone.

“5. I direct my executor to sell all my real estate as soon as practicable, and turn the same into personal property before the above division is made.

“6. I revoke all former wills and testaments and appoint my son Charles E. Stowe as executor of this will, and direct that he be required to give only the smallest bond as executor which the law will admit.

“In witness whereof I have hereunto set my hand and seal on this 3rd day of November a.d. 1885.

“Harriet Beecher Stowe.”

Will of Samuel J. Tilden

Samuel J. Tilden died August 4, 1886. The failure of the trust created by his will has been extensively commented on by the lay and legal journals of the United States.

By a decision of the New York Court of Appeals, in the case of Tilden v. Green, the trust provision was overthrown. The late Professor J. B. Ames remarked: “Melancholy the spectacle must always be when covetous relatives seek to convert to their own use the fortune which a testator has devoted to a great public benefaction.”

The learned author then, without quoting the exact provisions of the will creating what is known as the “Tilden Trust,” transcribes as substantially correct, the summary of the same made by a majority of the judges of the New York Court of Appeals in the case in which the will was overthrown: “I request you (the executors) to cause to be incorporated an institution to be called the ‘Tilden Trust,’ with capacity to maintain a free library and reading-room in the city of New York, and such other educational and scientific objects as you shall designate; and if you deem it expedient—that is, if you think it advisable and the fit and proper thing to do—convey to that institution all or such part of my residuary estate as you choose; and if you do not think that course advisable, then apply it to such charitable, educational, and scientific purposes as, in your judgment, will most substantially benefit mankind.” “The trustees,” continues the learned commentator, “procured the incorporation of the ‘Tilden Trust,’ and elected to convey the entire residue to that institution. An admirable will and willing trustees—and yet the bequest was not sustained. If the trustees had not elected to give the property to the ‘Tilden Trust,’ that institution would have had no claim, nor would there have been, under the law of New York, any means of compelling them to apply it to the alternative charitable purposes. Therefore, the Court of Appeals decided, the trustees could not dispose of the property in either of the two modes indicated in the will, and the entire residue, amounting to some $5,000,000, must be distributed among the heirs and next of kin.”

Will of Martin Van Buren

Martin Van Buren, Governor of New York, United States Senator and eighth President of the United States, was born at Kinderhook, New York, on December 5, 1782, and died there on July 24, 1862. He attained eminence at the bar and as a politician was surpassed by few, if any, men of his day.

His will deals largely with domestic affairs, yet it is a carefully conceived and well drawn document:

“I, Martin Van Buren of the Town of Kinderhook, County of Columbia, and State of New York, heretofore Governor of the State, and more recently President of the United States, but for the last and happiest years of my life, a farmer in my native Town, do make & declare the following to be my last will & testament.

“First. I direct my Executors hereinafter named, to pay without delay, my funeral expenses, & all outstanding bills. Debts, in the ordinary acceptation of that term I owe none, & hope to leave none.

“Secondly. I direct that no account shall be taken of advances by me heretofore made to either of my sons, and that they shall be considered as settled, with the exceptions of a bond I hold against my son Abraham for two thousand dollars, and also a note against my son John for four thousand eight hundred and fifteen dollars, which were agreed to be considered as business transactions strictly, the amount due on each at my death (the interest having been punctually paid to the present year) is to be charged to them respectively, and deducted from their share of my estate. The like charge and deduction shall be made in respect to any future payments by me or by my estate in cases where I have made myself liable as surety for either of my sons, but in which nothing has yet been paid by me.

“Thirdly. In consideration of advances which I have made to my sons Abraham & John, whilst none have been made to my son Smith Thompson, I bequeath to the latter all my personal chattels and effects, excepting therefrom all the debts that may be due to me, and stocks that I may own at my death, and also my wine & stock on my farm. My miscellaneous library is intended to be included in this bequest, but not my law library, which I bequeath to my son John.

“Fourthly. I give to my grandson Singleton Van Buren a gold snuff box, presented to me with the Freedom of the City, by the corporation of the City of New York and to my grandson Martin, son of Abraham, the marble bust made of me by Powers, which I had previously presented to his mother, & now transfer to the son by her direction. I give to my grandson Martin, Son of my son Smith Thompson, a silver pitcher presented to me, some years since by my old and always sincere friend Benjamin F. Butler.

“Fifthly. I direct my executors to expend four hundred dollars, or so much thereof as may be necessary, in obtaining a copy of the bust of me by Powers, which copy I give to my grandson Edward Livingston Van Buren.

“Sixthly. I direct my executors to lay out five hundred dollars for keep sakes for my grand son Travis Van Buren, and for my grand daughters Anna, Ellen, Catharine & Eliza Van Buren.

“Seventhly. I request my executors to regard themselves as standing towards my best of sisters Dirike Van Buren, if she shall survive me, in the relation I occupied when living, & to omit nothing in the way of pecuniary advances that may contribute to her comfort, out of my estate.

“Eighthly. I direct my executors to pay to my niece Christina Cantine two hundred dollars & to each of my nieces Lucretia Van Buren & Jane Ann Van Buren the sum of one hundred dollars: and I give and devise to my nephew Martin Van Buren son of my brother Lawrence, & to his heirs and assigns forever, all my interest in a small dwelling with the lot on which it stands adjoining his father’s house conveyed to me by the latter as security for money lent, but the latter devise is upon condition that his father relieves me or my estate from my remaining securityship to the State of New York.

“Ninthly. I hereby appoint my three sons Abraham, John & Smith Thompson executors of my last & only will; and I do hereby authorize & empower them, or such of them as shall take upon themselves the execution thereof, and the survivors & survivor of them, to fulfill by the execution of conveyances and otherwise, as may be proper, any contracts for the sale of lands, made by me, which shall be outstanding at the time of my death.

“Lastly. I hereby give, devise & bequeath to my three sons Abraham, John & Smith Thompson all the remainder & residue of my personal estate not required for the purposes of my will under the provisions above made & all my real estate wheresoever situated, to be equally divided between them. To have & to hold their respective shares thereof to them, their heirs & assigns forever, subject to the following conditions & reservations, viz.; first that out of the avails of the sale of Lindenwald there shall be reserved & paid over to my son Smith Thompson, his heirs or assigns the sum of seven thousand five hundred dollars in full satisfaction for his advances towards the expenses incurred by the additions to and improvements upon the dwelling house & outbuildings with the expectation that the place would be devised to him upon terms that would be equitable in respect to his brothers, the payment to be without interest during my lifetime. Secondly that upon the sale of Lindenwald the preference shall be offered in succession to my sons, beginning for the reason above assigned & no other, with the youngest, if the son accepting the same is willing to pay therefor as much as the place can be sold for on the market.

“The three pieces of plate last presented to me by my deceased friend Benjamin F. Butler, I bequeath to my three sons Abraham, John & Smith Thompson to be equally divided between them.

“In Witness Whereof I have to this instrument set my hand & seal this eighteenth day of Janu^y in the year of our Lord one thousand eight hundred and sixty.

“M. Van Buren.” (Seal.)

“Subscribed, sealed, published and declared by the said testator Martin Van Buren to be his last will & testament in the presence of us the undersigned, who at his request & in his presence and in the presence of each other have hereunto subscribed our names as witnesses & affixed our respective places of residence this 18’ of Jan^y 1860.

“John M. Pruyn, M.D. of Kinderhook.

“Laura Collins of Albany.

“If my faithful James remains with me until my death I wish my executors to make him a present of one hundred dollars.

“M. Van Buren.”

Will of Matthew Vassar

Matthew Vassar was an Englishman by birth: he accumulated his wealth as a brewer at Poughkeepsie, New York: he died in 1868, and was the founder of Vassar College: he gave to the Institution 200 acres of land and $788,000 by gift and bequest, and further sums have been contributed by members of the Vassar family: the student attendance numbers about one thousand.

By his will, he gives directions as to his burial, then gives to his nephews and other relatives certain real estate and personal property; the residue he gives to Vassar College.

He established a “Lecture Fund” “to defray the expenses of having lectures on Literature, and the Arts and Sciences, to be delivered at said college by distinguished persons, not officers therein.”

There is also an “Auxiliary Fund,” established to assist students of “superior mind and high scholarship.”

There is the “Library, Art and Cabinet Fund” “to keep in good repair and condition, the library, cabinets and art gallery”; a “Repair Fund” for “making repairs, alterations and improvements.” On the repair fund there is a charge for the board and tuition of the daughters of a certain friend, for four years each, as well as not more than four of his own female blood relatives, living at the time of his decease, who might wish to attend the college. He also provided that any lapsed legacies should pass to the college.

The testator left with his will a letter of advice to the trustees of the college.

Mr. Remsen, in his excellent work on Wills, recommends the course pursued by Mr. Vassar in securing the incorporation of charitable institutions in advance of the death of the testator, and in making testamentary gifts to them for maintenance. He states that this is a favorite method, and was pursued by the founders of the Corcoran Gallery of Art, Cooper Institute, Johns Hopkins University, Leland Stanford Junior University, and many other well-known institutions; this plan giving the institution the benefit, in its early stages, of the guiding hand of its founder.

Will of George G. Vest

George G. Vest was one of Missouri’s most distinguished senators, a lawyer of great ability, and an orator of national fame. He died August 9, 1904.

By his will, which is dated March 25, 1903, he gave to his wife the sum of Five Thousand Dollars, also his residence and the sum of Two Thousand Dollars a year for her life; then appears this provision: “The acceptance by my wife of the provisions for her benefit contained in this will shall bar all claims by her of dower in any real estate heretofore or hereafter conveyed by me to any one”; this provision has occasioned much comment in view of the fact that it does not accomplish the purpose intended, as it does not preclude dower in realty owned at the time of his death. A few personal effects were given to friends, among them a cane “on which is a silver snake,” to Adolphus Busch of St. Louis.

The giving of canes and walking-sticks by distinguished men has always been a marked feature in wills.

The balance of the estate was to be equally divided among three children, the portions for the sons in trust, and that for the daughter absolutely, less an advancement.

Senator Vest had few equals as a brilliant orator; perhaps no speech ever made by him at the bar or in the Senate will be longer remembered than the one given below. It was an address to a jury, delivered at Warrensburg, Missouri, about the year 1870. Senator Vest was then about forty years of age. A farmer had sued a neighbor for killing his dog, an ordinary fox hound, and Senator Vest was asked to assist the plaintiff. He made a brief address, and the jury gave a verdict for the full amount claimed. The case finally reached the Supreme Court of Missouri, and the finding of the lower court was upheld:

“Gentlemen of the Jury:—

“The best friend a man has in this world, may turn against him and become his enemy.

“His son or daughter that he has reared with loving care may prove ungrateful. Those who are nearest and dearest to us, those whom we trust with our happiness and our good name, may become traitors to their faith.

“The money that a man has, he may lose. It flies away from him, perhaps when he needs it most.

“A man’s reputation may be sacrificed in a moment of ill-considered action. The people who are prone to fall on their knees to do us honor, when success is with us, may be the first to throw the stone of malice, when failure settles its cloud upon our heads.

“The one absolutely unselfish friend that man can have in this selfish world,—the one that never deserts him,—the one that never proves ungrateful or treacherous is the dog.

“Gentlemen of the jury, a man’s dog stands by him in prosperity and in poverty, in health and in sickness. He will sleep on the cold ground, where the wintry winds blow and the snow drives fiercely, if only he may be near his master’s side. He will kiss the hand that has no food to offer, and he will lick the wounds and sores that come in encounter with the roughness of the world.

“He guards the sleep of his pauper master, as if he were a prince. Whenever all other friends desert, he remains.

“When riches take wings, and reputation falls to pieces, he is as constant, in his love, as the sun in its journey through the heavens.

“If fortune drives the master forth, an outcast, in the world, friendless and homeless, the faithful dog asks no higher privilege than that of accompanying him to guard against danger, to fight against his enemies, and, when the last scene of all comes, and death takes the master in its embrace, and his body is laid away in the cold ground, no matter if all other friends pursue their way, there by the grave side will be found the noble dog, his head between his paws, his eyes sad, but open in alert watchfulness, faithful and true even in death.”

Will of George Washington

George Washington died December 14, 1799. His original will is on file somewhere in Virginia. A copy thereof is on file in the Office of the Register of Wills at Washington, D.C., having been recorded there on November 15, 1802: the instrument is voluminous, but by reason of its interesting nature and the greatness and fame of the testator, the document is here given in full, omitting only a few inconsequential details:

“In the Name of God, Amen

“I, George Washington, of Mount Vernon, a Citizen of the United States, and lately President of the same, Do make, ordain, and declare this Instrument which is written with my own Hand, and every page thereof subscribed with my Name, to be my last Will and Testament, revoking all others, Imprimis.

“All my debts, of which there are but few, and none of magnitude, are to be punctually and speedily paid, and the Legacies herein after bequeathed, are to be discharged as soon as circumstances will permit, and in the manner directed.

“Item. To my dearly beloved wife Martha Washington, I give and bequeath the use, profit, and benefit of my whole estate, real and personal, for the term of her natural life, except such parts thereof as are specially disposed of hereafter.—My improved Lot in the town of Alexandria, situated on Pitt and Cameron Streets, I give to her and her heirs for ever; as I also do my Houshold and Kitchen Furniture of every sort and kind with the Liquors and Groceries which may be on hand at the time of my decease, to be used and disposed of as she may think proper.

“Item. Upon the decease of my wife, it is my will and desire that all the Slaves which I hold in my own right shall receive their freedom. To emancipate them during her life, would, though earnestly wished by me, be attended with such insuferable difficulties on account of their intermixture by marriages with the dower Negroes, as to excite the most painful sensations, if not disagreeable consequences from the latter while both descriptions are in the occupancy of the same proprietor; it not being in my power, under the tenure by which the dower Negroes are held, to manumit them. And Whereas, among those who will receive freedom according to this devise, there may be some who from old age or bodily infirmities, and others who, on account of their infancy, that will be unable to support themselves, it is my will and desire that all who come under the first and second description, shall be comfortably clothed and fed by my heirs while they live; and that such of the latter description as have no parents living, or, if living, are unable or unwilling to provide for them, shall be bound by the court until they shall arrive at the age of twenty five years; and in cases where no record can be produced, whereby their ages can be ascertained, the judgment of the court upon its own view of the subject, shall be adequate and final. The Negroes thus bound, are (by their masters or mistresses) to be taught to read & write & to be bro’t up to some useful occupation, agreeably to the laws of the commonwealth of Virginia, providing for the support of orphan and other poor children.—And I do hereby expressly forbid the sale or transportation out of the said commonwealth of any Slave I may die possessed of under any pretence whatsoever. And I do moreover, most pointedly and most solemnly enjoin it upon my Executors hereafter named or the survivor of them to see that this clause respecting Slaves and every part thereof, be religiously fulfilled at the epoch at which it is directed to take place, without evasion, neglect, or delay, after the crops which may then be on the ground are harvested, particularly as it respects the aged and infirm; seeing that a regular and permanent fund be established for their support so long as there are subjects requiring it; not trusting to the uncertain provision to be made by individuals;—And to my mulatto man William (calling himself William Lee) I give immediate freedom, or if he should prefer it (on account of the accidents which have befallen him and which have rendered him incapable of walking or of any active employment) to remain in the situation he now is, it shall be optional in him to do so, in either case however, I allow him an annuity of Thirty Dollars during his natural life, which shall be independent of the victuals and cloaths he has been accustomed to receive if he chuses the last alternative; but in full with his freedom, if he prefers the first; and this I give him as a testimony of my sense of his attachment to me, and for his faithful services during the Revolutionary War.

“Item. To the Trustees (Governors, or by whatsoever other name they may be designated) of the Academy, in the Town of Alexandria, I give and bequeath, in trust, Four Thousand Dollars, or, in other words, twenty of the Shares which I hold in the Bank of Alexandria, towards the support of a Free School, established at, and annexed to, the said Academy, for the purpose of educating such Orphan Children, or the Children of such other poor and indigent persons as are unable to accomplish it with their own means; and who, in the judgment of the Trustees of the said Seminary, are best entitled to the benefit of this donation.

“Item. Whereas by a law of the commonwealth of Virginia, enacted in the year 1785, the legislature thereof was pleased (as an evidence of its approbation of the services I had rendered the public during the Revolution, and partly I believe, in consideration of my having suggested the vast advantages which the community would derive from the extension of its inland navigation under legislative patronage) to present me with one hundred Shares of one hundred Dollars each, in the incorporated company established for the purpose of extending the navigation of James River from tide water to the mountains;—and also with Fifty Shares of one hundred Pounds Sterling each, in the corporation of another company likewise established for the similar purpose of opening the navigation of the river Potomac from tide water to Fort Cumberland; the acceptance of which, although the offer was highly honourable and grateful to my feelings, was refused as inconsistent with a principle which I had adopted, and had never departed from—Namely—not to receive pecuniary compensation for any services I could render my country in its ardious struggle with Great Britain for its rights; and because I had evaded similar propositions from other States in the Union. Adding to this refusal, however, an intimation that, if it should be the pleasure of the legislature to permit me to appropriate the said Shares to public uses, I would receive them on those terms with due sensibility; and this it having consented to, in flattering terms, as will appear by a subsequent law and sundry resolutions, in the most ample and honourable manner, I proceed after this recital for the more correct understanding of the case, to declare—That as it has always been a source of serious regret with me to see the Youth of these United States sent to Foreign countries for the purpose of Education, often before their minds were formed, or they had imbibed any adequate ideas of the happiness of their own; contracting too frequently, not only habits of dissipation and extravagance, but principles unfriendly to Republican government, and to the true and genuine liberties of mankind; which, thereafter are rarely overcome.—For these reasons, it has been my ardent wish to see a plan devised on a liberal scale which would have a tendency to spread systematic ideas through all parts of this rising empire, thereby to do away local attachments and state prejudices, as far as the nature of things would, or indeed ought to admit, from our National Councils.—Looking anxiously forward to the accomplishment of so desirable an object as this is (in my estimation) my mind has not been able to contemplate any plan more likely to effect the measure than the establishment of a University in a central part of the United States, to which the Youths of fortune and talents from all parts thereof might be sent for the completion of their Education in all the branches of polite literature; in arts and sciences, in acquiring knowledge in the principles of politics and good government, and (as a matter of infinite importance in my judgment) by associating with each other and forming friendships in Juvenile years, be enabled to free themselves in a proper degree from those local prejudices and habitual jealousies which have just been mentioned; and which, when carried to excess, are never failing sources of disquietude to the public mind, and pregnant of mischevious consequences to this country; under these impressions, so fully dilated.

“Item. I give and bequeath in perpetuity the Fifty Shares which I hold in the Potomac Company (under the aforesaid acts of the legislature of Virginia) towards the endowment of a University to be established within the limits of the District of Columbia, under the auspices of the general government, if that government should incline to extend a fostering hand towards it.

“Item. The hundred Shares which I hold in the James River Company, I have given, and now confirm in perpetuity, to and for the use and benefit of Liberty Hall Academy, in the county of Rockbridge, in the Commonwealth of Virginia.

“Item. I release, exonerate and discharge the estate of my deceased Brother, Samuel Washington, from the payment of the money which is due to me for the land I sold to Philip Pendleton (lying in the county of Berkeley) who assigned the same to him, the said Samuel, who, by agreement, was to pay me therefor: And Whereas, by some contract (the purport of which was never communicated to me) between the said Samuel and his Son, Thornton Washington, the latter became possessed of the aforesaid land, without any conveyance having passed from me, either to the said Pendleton, the said Samuel, or the said Thornton, and without any consideration having been made, by which neglect neither the legal nor equitable title has been alienated; it rests therefore with me to declare my intentions concerning the premises; and these are to give and bequeath the said land to whomsoever the said Thornton Washington (who is also dead) devised the same, or to his heirs forever, if he died intestate; exonerating the estate of the said Thornton, equally with that of the said Samuel, from payment of the purchase money, which, with interest, agreeably to the original contract with the said Pendleton, would amount to more than a thousand pounds; And Whereas two other Sons of my deceased Brother, Samuel, namely, George Steptoe Washington, and Lawrence Augustine Washington, were by the decease of those, to whose care they were committed, brought under my protection, and in consequence have occasioned advances on my part for their education at College and other schools, for their board, clothing, and other incidental expenses, to the amount of near five thousand dollars over and above the sums furnished by their estate, which sum it may be inconvenient for them or their father’s estate to refund—I do, for these reasons, acquit them and the said estate from the payment thereof—my intention being that all accounts between them and me, and their father’s estate and me, shall stand balanced.

“Item. To my Nephew, Bushrod Washington, I give and bequeath all the Papers in my possession, which relate to my civil and military administration of the affairs of this country—I leave to him also, such of my private Papers as are worth preserving; and at the decease of my Wife, and before, if she is not inclined to retain them, I give and bequeath my Library of Books and Pamphlets of every kind.

“Item. To the Earl of Beuban I recommit ‘the Box made of the Oak that sheltered the great Sir William Wallace after the Battle of Falkirk’—presented to me by his Lordship, in terms too flattering for me to repeat, with a request ‘to pass it, on the event of my decease, to the man in my country, who should appear to merit it best, upon the same conditions that have induced him to send it to me.’ Whether easy or not, to select the Man who might comport with his Lordship’s opinion in this respect, is not for me to say; but conceiving that no disposition of this valuable curiosity can be more eligible than the recommitment of it to his own cabinet, agreeably to the original design of the Goldsmiths’ Company of Edinburg, who presented it to him, and, at his request, consented that it should be transferred to me—I do give and bequeath the same to his Lordship; and, in case of his decease, to his heir, with my grateful thanks for the distinguished honour of presenting it to me, and more especially for the favorable sentiments with which he accompanied it.

“Item. To my Brother, Charles Washington, I give and bequeath the Gold headed Cane left me by Dr. Franklin, in his will. I add nothing to it, because of the ample provision I have made for his issue. To the acquaintances and friends of my juvenile years, Lawrence Washington and Robert Washington, of Chotanck, I give my other two Gold headed Canes, having my arms engraved on them; and to each (as they will be useful where they live) I leave one of the Spyglasses, which constituted part of my equipage, during the late war. To my Compatriot in arms and old and intimate Friend, Dr. Craik, I give my Bureau (or, as the Cabinet Makers call it, Tambour Secretary) and the circular Chair, an appendage of my Study. To Dr. David Stuart I give my Large Shaving and Dressing Table, and my Telescope. To the Reverend, now Bryan Lord Fairfax, I give a Bible, in three large folio volumes, with notes,—presented to me by the Rt. Rev. Thomas Wilson, Bishop of Sodor and Man. To General De la Fayette I give a Pair of finely wrought Steel Pistols, taken from the enemy in the revolutionary war. To my Sisters-in-Law, Hannah Washington and Mildred Washington—to my friends Eleanor Stuart, Hannah Washington, of Fairfield, and Elizabeth Washington of Hayfield, I give, each, a Mourning Ring, of the value of one hundred Dollars. These bequests are not made for the intrinsic value of them, but as mementos of my esteem and regard. To Tobias Lear I give the use of the farm which he now holds, in virtue of a lease from me to him and his deceased wife (for and during their natural lives) free from rent during his life; at the expiration of which, it is to be disposed of as is herein after directed. To Sally B. Haynie (a distant relation of mine) I give and bequeath three hundred Dollars. To Sarah Green, daughter of the deceased Thomas Bishop, and to Ann Walker, daughter of John Alton, also deceased, I give each one hundred Dollars, in consideration of the attachment of their fathers to me; each of whom having lived nearly forty years in my family. To each of my Nephews, William Augustine Washington, George Lewis, George Steptoe Washington, Bushrod Washington, and Samuel Washington, I give one of the swords or Cutteaux of which I may die possessed; and they are to choose in the order they are named.—These swords are accompanied with an injunction not to unsheath them for the purpose of shedding blood, except it be for self-defence, or in defence of their country and its rights; and in the latter case, to keep them unsheathed, and prefer falling with them in their hands to the Relinquishment thereof.

“And Now, having gone through these specific Devises, with explanations for the more correct understanding of the meaning and design of them, I proceed to the distribution of the more important parts of my Estate, in manner following:

“First. To my Nephew, Bushrod Washington, and his heirs (partly in consideration of an intimation to his deceased Father, while we were Bachelors, and he had kindly undertaken to superintend my estate during my military services in the former war between Great Britain and France) that if I should fall therein, Mount Vernon (then less extensive in domain than at present) should become his property. I give and bequeath all that part thereof, which is comprehended within the following limits, Viz:—

“Fifth.—All the rest and residue of my estate, real and personal, not disposed of in manner aforesaid, in whatsoever consisting,—wheresoever lying—and whensoever found—a Schedule of which as far as is recollected, with a reasonable estimate of its value, is hereunto annexed—I desire may be sold by my Executors at such times—in such manner, and on such credits (if an equal, valid, and satisfactory distribution of the specific property cannot be made without) as in their judgment shall be most conducive to the interest of the parties concerned, and the monies arising therefrom to be divided into twenty-three equal parts, and applied as follows:” (Here follows the list of beneficiaries and description of property); “and by way of advice I recommend it to my Executors not to be precipitate in disposing of the landed property (herein directed to be sold) if from temporary causes the sale thereof would be dull; experience having fully evinced that the price of land (especially above the falls of the rivers and on the western waters) have been progressively rising and cannot be long checked in its encreasing value.

“The Family Vault at Mount Vernon, requiring repairs, and being improperly situated besides, I desire that a new one of brick, and upon a larger scale, may be built at the foot of what is commonly called the Vineyard Inclosure, on the ground which is marked out—In which my Remains, with those of my deceased Relations (now in the old Vault) and such others of my Family as may chuse to be entombed there, may be deposited. And it is my express desire, that my Corpse may be interred in a private manner, without parade or funeral Oration.

“Lastly, I constitute and appoint my dearly beloved Wife Martha Washington, my Nephews William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel Washington, and Lawrence Lewis, and my Ward George Washington Parke Custis (when he shall have arrived at the age of Twenty Years) Executrix and Executors of this Will and Testament—In the construction of which, it will readily be perceived that no professional character has been consulted, or has had any agency in the draught, and that although it has occupied many of my leisure hours to digest, and to throw it into its present form, it may, notwithstanding, appear crude and incorrect—but having endeavored to be plain and explicit in all the devises, even at the expence of prolixity, perhaps of tautology, I hope and trust that no disputes will arise concerning them; but if, contrary to expectation, the case should be otherwise from the want of legal expression, or the usual technical terms, or because too much or too little has been said on any of the devises to be consonant with law, my Will and Direction expressly is, that all disputes (if unhappily any should arise) shall be decided by three impartial and intelligent men, known for their probity and good understanding—two to be chosen by the disputants, each having the choice of one, and the third by those two—which three men thus chosen shall, unfettered by law or legal constructions, declare their sense of the Testator’s intentions; and such decision is, to all intents and purposes, to be as binding on the parties as if it had been given in the Supreme Court of the United States.

“In Witness of all, and of each of the things herein contained, I have set my Hand and Seal, this Ninth Day of July, in the Year One Thousand, Seven Hundred and Ninety —— [1] and of the Independence of the United States the Twenty-Fourth.

“George Washington.”

Will of Mary Washington

Mary Washington, mother of George Washington, died August 25, 1789. Her will, registered in the clerk’s office at Fredericksburg, Virginia, is a peculiarly interesting document, and is here given in full.

“In the name of God, Amen, I, Mary Washington, of Fredericksburg, in the County of Spotsylvania, being in good health, but calling to mind the uncertainty of this life, and willing to dispose of what remains of my worldly estate, do make and publish this, my last will, recommending my soul into the hands of my Creator, hoping for a remission of all my sins through the merits and mediation of Jesus Christ, the Saviour of mankind; I dispose of my worldly estate as follows:—

“Imprimis—I give to my son, General George Washington, all my land in Accokeek Run, in the County of Stafford, and also my negro boy George, to him and his heirs forever. Also my best bed, bedstead, and Virginia cloth curtains (the same that stands in my best bedroom) my quilted blue and white quilt and my best dressing glass.

“Item—I give and devise to my son, Charles Washington, my negro man Tom, to him and his assigns forever.

“Item—I give and devise to my daughter, Bettie Lewis, my phaeton and my bay horse.

“Item—I give and devise to my daughter-in-law, Hannah Washington, my purple cloth cloak lined with shag.

“Item—I give and devise to my grandson, Corbin Washington, my negro wench old Bet, my riding chair, and two black horses, to him and his assigns forever.

“Item—I give and devise to my grandson, Fielding Lewis, my negro man, Frederick, to him and his assigns forever, also eight silver tablespoons, half of my crockery ware and the blue and white tea china, with book case, oval table, one bedstead, one pair sheets, one pair blankets and white cotton counterpain, two table cloths, six red leather chairs, half my peuter and one-half of my kitchen furniture.

“Item—I give and devise to my grandson, Lawrence Lewis, my negro wench Lydia, to him and his assigns forever.

“Item—I give and devise to my granddaughter, Bettie Carter, my negro woman, little Bet, and her future increase, to her and her assigns forever. Also my largest looking glass, my walnut writing desk and drawers, a square dining table, one bed, bedstead, bolster, one pillow, one blanket and pair sheets, white Virginia cloth counterpains and purple curtains, my red and white tea china, teaspoons, and the other half of my peuter and crockery ware, and the remainder of my iron kitchen furniture.

“Item—I give and devise to my grandson, George Washington, my next best glass, one bed, bedstead, bolster, one pillow, one pair sheets, one blanket and counterpain.

“Item—I devise all my wearing apparel to be equally divided between my granddaughters, Bettie Carter, Fannie Ball, and Milly Washington, but should my daughter, Bettie Lewis, fancy any one, two or three articles, she is to have them before a division thereof.

“Lastly, I nominate and appoint my said son, General George Washington executor of this, my Will, and as I owe few or no debts, I direct my executor to give no security or appraise my estate, but desire the same may be allotted to my devisees, with as little trouble and delay as may be desiring their acceptance thereof as all the token I now have to give them of my love for them.

“In witness thereof, I have hereunto set my hand and seal the 20th day of May, 1788.

“Mary Washington.”

Will of Daniel Webster

Daniel Webster died October 24, 1852. His will is a lengthy document, and its chief features are here set out:

“In the name of Almighty God! I, Daniel Webster of Marshfield in the County of Plymouth and Commonwealth of Massachusetts, Esquire, now being confined at my house with a serious illness which, considering my time of life, is undoubtedly critical, but being nevertheless in the full possession of all my mental faculties, do make and publish this my last will and testament.

“I commit my soul into the hands of my heavenly Father, trusting in his infinite goodness and mercy.

“I direct that my mortal remains be buried in the family vault at Marshfield, where monuments are already erected to my deceased children and their mother. Two places are marked for other monuments, of exactly the same size and form. One of these, in proper time, is to be for me, and perhaps I may leave an epitaph. The other is for Mrs. Webster. Her ancestors and all her deceased kindred lie in a far distant city. My hope is, that after many years, she may come to my side, and join me and others whom God hath given me. I wish to be buried without the least show or ostentation, but in a manner respectful to my neighbors, whose kindness has contributed so much to the happiness of me and mine, and for whose prosperity I offer sincere prayers to God.

“Concerning my worldly estate, my will must be anomalous and out of the common form, on account of the state of my affairs. I have two large real estates. By marriage settlement, Mrs. Webster is entitled to a life estate in each, and after her death they belong to my heirs. On the Franklin estate, so far as I know, there is no encumbrance except Mrs. Webster’s life-estate. On Marshfield, Mr. Samuel Frothingham has an unpaid balance of a mortgage, now amounting to twenty five hundred dollars. My great and leading wish is, to preserve Marshfield, if I can, in the blood and name of my own family. To this end, it must go in the first place to my son, Fletcher Webster, who is hereafter to be the immediate prop of my house, and the general representative of my name and character.”

Then follow certain suggestions with reference to trustees, by which they are given the right to dispose of the estate as exigencies may require. Mrs. Webster, by marriage settlement, was entitled to a life-estate in certain valuable real estate owned by the testator, and he indicated his desire that this life-estate should be purchased as being the best means to provide for her welfare. He then appointed his wife, Caroline LeRoy Webster, his son, Fletcher Webster, and R. M. Blatchford of New York, to be his executors. He then named James W. Paige, Franklin Haven of Boston, and Edward Curtis of New York, Trustees of all the real estate in the town of Marshfield, in the State of Massachusetts, and the town of Franklin in the State of New Hampshire, being his two principal estates, upon certain trusts: First, to pay to his wife, Caroline LeRoy Webster, the estimated value of her life interest: Secondly, to pay to said wife from the rents, profits and income of said two estates, the sum of five hundred dollars per annum during her natural life, and so much of the revenue not needed for the purposes aforesaid for the use of his son, Fletcher Webster, during his natural life; and after the decease of said son, to convey the same in fee to such of his male descendants as a majority of said Trustees might elect. He expressed the desire that his grandson, Ashburton Webster, take one, and his grandson, Daniel Webster, Jr., take the other of said estates.

He directed that his wife, Caroline LeRoy Webster, should have the right, at all times during her life, to reside in the mansion he had at Marshfield.

Unto his Executors, he gave all the books, plate, pictures, statuary, furniture and other personal property in the mansion at Marshfield, except such articles as were given to others in a latter portion of his will, in trust, to preserve the same in the mansion house for the use of his son, Fletcher Webster, during his natural life, and after his death, to make over and deliver the same to the person who would then become owner of the estate of Marshfield; the testator expressing his intention that they remain attached to the house while it was occupied by any of his name and blood.

Unto his son, Fletcher Webster, he gave all his law books, wherever situated, for his own use. To his son-in-law, Samuel A. Appleton, he gave his California watch and chain. The picture of himself by Healy he gave to his granddaughter, Caroline LeRoy Appleton. His gold snuff-box with the head of General Washington, together with all his fishing-tackle and his Selden and Wilmot guns, he gave to his grandson, Samuel Appleton; to his grandson, Daniel Webster Appleton, his Washington medals; to his granddaughter, Julia Webster Appleton, he gave a clock presented to her grandmother by the Honorable George Blake.

An item of general interest in the will is as follows:

“I appoint Edward Everett, George Ticknor, Cornelius Conway Felton, and George Ticknor Curtis, to be my literary executors; and I direct my son, Fletcher Webster to seal up all my letters, manuscripts and papers, and at a proper time to select those relating to my personal history and my professional and public life, which in his judgment should be placed at their disposal, and to transfer the same to them, to be used by them in such manner as they may think fit. They may receive valuable aid from my friend George J. Abbot Esq. now of the State Department.”

The following provisions conclude the document:

“Item. My servant William Johnson is a freeman. I bought his freedom not long ago for six hundred dollars. No demand is to be made upon him for any portion of this sum, but so long as is agreeable, I hope he will remain with the family.”

“Item. Monicha McCarty, Sarah Smith and Ann Bean, colored persons now also, and for a long time in my service, are all free. They are very well deserving, and whoever comes after me must be kind to them.”

“Item. I request that my executors and trustees be not required to give bonds for the performance of their respective duties under this will.”

Will of John G. Whittier

The poet Whittier died September 7, 1892.

Omitting pecuniary legacies to various friends and relatives, amounting to $40,000, his Will is in the following words:

“Know all men by these Presents, That I, John G. Whittier of Amesbury in the County of Essex and Commonwealth of Massachusetts, being of sound mind and memory, but in enfeebled bodily health, do make this my last will and testament, hereby revoking any and all former wills by me before made.

“After the payment of all my just debts and funeral charges I give, bequeath and devise as follows:

“1st. I give, bequeath and devise to my niece Lizzie W. Pickard my homestead place in Amesbury, with all the books, pictures and furniture therein. I also give, bequeath and devise to my said niece my dwelling house known as the ‘Gove Place’ on the corner of Friend and Pleasant Streets in said Amesbury. I also give and bequeath to my said niece Fifteen Thousand dollars....”

“9th. I give and bequeath to the Haverhill City Hospital One thousand dollars....”

“14th. I give and bequeath to Caroline Johnson, Mary Johnson and Abby J. Woodman, my furniture, books and pictures at Oak Knoll, Danvers, not otherwise disposed of, to be equally divided among them. I also give and bequeath to each of them Five Hundred dollars....”

“18th. I give and bequeath to Lucy Larcom, Five hundred dollars; also the copyright of ‘Child Life,’ ‘Child Life in Prose’ and ‘Songs of Three Centuries.’....”

“22nd. I give and bequeath to my niece Lizzie W. Pickard before named, the Portrait of myself by Hoyt, at Oak Knoll, Danvers.

“23rd. I give and bequeath to Sarah O. Jewett of So. Berwick, Lanman’s picture of the Sea and its marshes at the mouth of the Merrimac River, also at Oak Knoll, Danvers.

“24th. I give and bequeath to Annie Fields the Picture of Venice, also at Oak Knoll, Danvers.

“25th. I give and bequeath to the American Peace Society, Five hundred dollars.

“26th. I give and bequeath to the Amesbury Charitable Society, Five hundred dollars.

“27th. I give and bequeath to the Friends in Amesbury, Two hundred dollars, for the care of their burial ground....”

“29th. The copyrights of my writings, with the exception of those given as aforesaid to Lucy Larcom, I place in the hands of my Executors, whom I hereby constitute and appoint as Trustees of the same; the income of which (as stipulated in an agreement with my publishers, Houghton, Mifflin & Co., dated August 12, 1883, to continue until ten years from that date) I hereby direct them to pay annually to Lizzie W. Pickard, Alice G. Berry, Charles F. Whittier, Louis H. Caldwell, Phebe J. Woodman and Addie P. Cammett, in the ratio and proportion of the cash legacies made to the above named persons in this Instrument: Nevertheless if in the judgment of my said Executors and Trustees it is deemed advisable, they are at liberty to dispose of said copyrights and divide the proceeds among the above named persons, in the proportion above named.

“30th. I give, bequeath and devise one half of the rest and residue of my estate, be it real, personal, or mixed, to Lizzie W. Pickard, Alice G. Berry, Charles F. Whittier, Louis H. Caldwell, Phebe J. Woodman, Addie P. Cammett and Adelaide G. Caldwell in the same ratio and proportion as mentioned in item 29th.

“31st. I give, bequeath and devise the remaining one half of the rest and residue of my estate, be it real, personal or mixed, in equal shares, to the Amesbury and Salisbury Home for Aged Women, The Anna Jaques Hospital in the City of Newburyport and the Normal and Agricultural Institute for Colored and Indian Pupils at Hampton, Va.

“32nd. I entrust my manuscripts, letters and papers to Samuel T. Pickard of Portland, Me., and request all who have letters of mine to refrain from publishing them, unless with his consent. It is my wish that my funeral may be conducted in the plain and quiet way of the Society of Friends with which I am connected, not only by birthright, but also by a settled conviction of the truth of its principles, and the importance of its testimonies.

“33rd. I hereby constitute and appoint George F. Bagley and George W. Cate both of Amesbury as Executors and Trustees of this my last Will and testament, and hereby request that they may be exempt from giving any surety or sureties on their bond as Executors or Trustees.

“In testimony whereof I hereunto set my hand, and in the presence of the three witnesses named below, declare this to be my last will and testament this eleventh day of February, in the year of our Lord one thousand eight hundred and ninety.

“John G. Whittier.”

Will of Mary Chilton Winslow

In the files of Suffolk County Registry of Probate at Boston, there are still preserved a number of wills of members of the Plymouth Colony, of Mayflower fame, which are both quaint and interesting. Among these is the original will of Mary Chilton Winslow, together with a bond of the administrators, signed by her son, John Winslow, and son-in-law, Richard Middlecott.

This will is written on one side of a sheet of paper, a little over eighteen by fourteen inches in size, and is in excellent condition, except in some of the creases made by folding. The instrument is dated July 31, 1676. It recites:

“I, Mary Winslow of Boston in New England Widdow being weake of Body but of Sound and perfect memory praysed be almighty God for the same Knowing the uncertainety of this present life and being desirous to settle that outward Estate the Lord hath Lent me. I doe make this my last Will and Testam^t in manner and forme following:”

The bequests are very numerous: she gives to her son, John Winslow, her “great Square table.” Unto her daughter, Sarah Middlecott, her “Best gowne and Pettecoat” and her “Silver beare bowle,” and to each of her children, “a Silver Cup with a handle.” Unto her daughter, Susanna Latham, one “long Table and one great Cupboard”; and unto her grandchild, Susanna Latham, one “Pette Coat with the silke Lace.” To Mary Winslow, daughter of her “sone,” Joseph Winslow, the “sume of twenty pounds in money to be paid unto said Mary when she attains the age of eighteen years or day of Marriage which of them should first happen.” Unto “Thomas Thacher paster of the third Church in Boston,” the sum of five pounds was given. The inventory attached to this will is an exceedingly interesting document, dealing as it does with the articles of dress and household use of those days.

Will of Brigham Young

It does not fall to the lot of many men to make such a testamentary disposition as that of Brigham Young. He died on August 29, 1877.

He provided for the payment of his debts and the current expenses of his numerous families: the bulk of his fortune of the estimated value of Two Million Five Hundred Thousand Dollars, was left in trust for his families; the trustees being George Q. Cannon, Brigham Young, Jr., and Albert Carrington.

His families were divided into classes, each class being represented by a wife and children, or a wife without children, or the children of a deceased wife. There were nineteen classes in all. At the time of his death, his living wives numbered eighteen, and there were three deceased: he was also “sealed” to a number of other women, in accordance with the ritual of the Mormon Church. The authorities vary as to the number of these spiritual wives. However, no mention is made of them in the will. He had forty-eight children, including an adopted child.

The estate was divided into nineteen parts, as stated; upon the death of the mother, the children taking the mother’s share, which was to be held in trust until they became of age, respectively.

Though Mr. Young is said to have given largely to charities during his life, no such bequests are included in his will.