“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.
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 Januy 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 Jany 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.”
[1] It appears that the testator omitted the word “nine.”
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 Testamt 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.
INDEX
A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, Y, Z