An addition to the fifteen millions of books of which the world is now possessed demands an explanation, if not an apology.

In my experience as a lecturer on the Law of Wills, and in the practical administration of estates controlled by wills, in which I have been engaged for many years, it has been a subject of surprise to me that no one in America has seriously undertaken the collection of curious and famous wills. It has occurred to me that I might discharge the duty which every lawyer owes to his profession by making such a collection. The subject is very comprehensive, and the material required has been obtained, in most instances, from the original records of Probate and Court Registers in various parts of the world, by exhaustive research in libraries at home and abroad, and by reference to magazine and newspaper files.

It has been my effort to select from this collection the wills which appeared most interesting and entertaining. I recognize quite fully the wisdom of Lord Coke’s remark, that

“Wills, and the construction of them, do more perplex a man than any other learning; and to make a certain construction of them exceedeth jurisprudentum artem.”

Perplexity has likewise beset me in an attempt to classify the wills in this work and place them under convenient and appropriate headings.

It must not be forgotten that while all men may make wills, and should do so, yet all men have not done so. It is a remarkable trait in human character that wills are for the most part postponed, and that many men of wealth and distinction die without them. So great a man as Abraham Lincoln left no will, though he had a considerable estate. General Grant also died intestate, but his estate was small. It is to be regretted that men fail to perform the duty of making their wills, as history and experience demonstrate that this neglect has often resulted in a disastrous train of consequences.

The subject of Wills is not so prosaic as might be supposed; in fact, there are few subjects of more general interest. Wills reflect, as a mirror, the customs and habits of the times when written, as well as the characters of the writers.

Our earthly possessions are, after all, but life-holdings, and the grace with which we part with them at the end of life’s journey shows the heart in its least disguised form. The moment of will-writing is a solemn one. The insight we get into the character of the testator is genuine and unvarnished. Property does not always bring with it comfort and happiness, and those who have to deal with wills find that it is frequently as difficult to dispose of one’s possessions as it is to acquire them.

In this work, it has been deemed inadvisable to cite many authorities. The author has experienced too much embarrassment in his researches to ask others to follow in his footsteps. The wills found in these pages have been conscientiously copied and compared; in many cases, they have been obtained in places not easily accessible to the average reader. A number of wills set forth have been abridged, where found to be too voluminous in their entirety; and, in some instances, parts which were not of general interest have been omitted.

The wills have not been created by the author, but have been taken from trustworthy sources; some of them have appeared in English works, but very few in American publications.

I desire to acknowledge my obligations for material assistance, particularly to the late Hon. Jacob Klein of Saint Louis, Mr. John Marshall Gest of Philadelphia, Mr. Daniel Remsen of New York, Messrs. Harper & Brothers of New York, the Editors of the “Green Bag” of Boston and other legal publications, and to the valuable works of Mr. Proffatt, Mr. Tegg, Julia Clara Byrne, Mr. Nicholas and Mr. Nichols.

VIRGIL M. HARRIS.

Saint Louis, Missouri,
March 1, 1911.