The Project Gutenberg eBook of Ancient, Curious and Famous Wills, by Virgil M. Harris.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“I bequeath to God, a soul polluted by many sins, but I hope purified by Jesus Christ.”

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

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

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

“To the Right Honourable the Earl of Chesterfield

“February 7, 1755.

“My Lord,

“I have been lately informed, by the proprietor of The World, that two papers, in which my Dictionary is recommended to the public, were written by your lordship. To be so distinguished is an honour, which, being very little accustomed to favours from the great, I know not well how to receive, or in what terms to acknowledge.

“When, upon some slight encouragement, I first visited your lordship, I was overpowered, like the rest of mankind, by the enchantment of your address, and could not forbear to wish that I might boast myself Le vainqueur du vainqueur de la terre;—that I might obtain that regard for which I saw the world contending; but I found my attendance so little encouraged, that neither pride nor modesty would suffer me to continue it. When I had once addressed your lordship in public, I had exhausted all the art of pleasing which a retired and uncourtly scholar can possess. I had done all that I could; and no man is well pleased to have his all neglected, be it ever so little.

“Seven years, my lord, have now passed, since I waited in your outward rooms, or was repulsed from your door; during which time I have been pushing on my work through difficulties, of which it is useless to complain, and have brought it, at last, to the verge of publication, without one act of assistance, one word of encouragement, or one smile of favour. Such treatment I did not expect, for I never had a patron before.

“The shepherd in ‘Virgil’ grew at last acquainted with Love, and found him a native of the rocks.

“Is not a patron, my lord, one who looks with unconcern on a man struggling for life in the water, and, when he has reached ground, encumbers him with help? The notice which you have been pleased to take of my labours, had it been early, had been kind; but it has been delayed till I am indifferent, and cannot enjoy it; till I am solitary, and cannot impart it; till I am known, and do not want it. I hope it is no very cynical asperity, not to confess obligations where no benefit has been received, or to be unwilling that the public should consider me as owing that to a patron, which Providence has enabled me to do for myself.

“Having carried on my work thus far with so little obligation to any favourer of learning, I shall not be disappointed though I shall conclude it, if less be possible, with less; for I have been long wakened from that dream of hope, in which I once boasted myself with so much exultation,

“My Lord, your lordship’s most humble,
“Most obedient servant,
“Sam. Johnson.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“I, Florence Nightingale, Spinster, declare this to be my last Will, revoking all wills by me heretofore executed.

“1. I appoint my Cousins, Henry Bonham Carter, Esquire, Samuel Shore Nightingale and Louis Hilary Shore Nightingale, Esquires (sons of my late Cousin, William Shore Nightingale), and Arthur Hugh Clough, Esquire, to be the EXECUTORS of this my Will.

“2. I give my executors all my books, papers (whether manuscripts or printed) and letters relating to my Indian work (together with the two stones for Irrigation maps of India at Mr. Stanford’s, Charing Cross, and also the woodcut blocks for illustrations of those works at Messrs. Spottiswoodes), upon trust, in their absolute discretion or in that of the survivors or survivor of them to publish or prepare for publication such part, if any, as they or the majority of them for the time being may think fit, and I give them a sum of two hundred and fifty pounds for those purposes. And without limiting the exercise of such discretion I should wish my executors to consult my friend, Sir William Wedderburn, in the matter of such publication. And I declare that if my executors, within three years from my death, have taken no, or only partial, steps to publish or before that time have decided not to publish anything, the said sum of two hundred and fifty pounds, or any unexpended part thereof, shall fall into the residue of my estate. And subject to the foregoing, I authorize my executors to destroy all or any of the above mentioned books and papers, stones and blocks or otherwise to dispose of the same as they may think fit.

“3. I bequeath to the children of my late dear friend, Arthur Hugh Clough and his widow, my Cousin, Blanch Mary Shore Clough, the sum of seven thousand pounds to be divided between them in the following proportions:

“To the said Arthur Hugh Clough two thousand pounds;

“To Blanch Athena Clough two thousand five hundred pounds, and to Florence Anne Mary Clough two thousand five hundred pounds. I bequeath to each of them, the said Samuel Shore Nightingale and Louis Hilary Shore Nightingale, the sum of three thousand five hundred pounds. To each of them, Rosalind Frances Mary Nash and Margaret Thyra Barbara Shore Nightingale (daughters of my said late Cousin, William Shore Nightingale) the sum of one thousand five hundred pounds. I bequeath five hundred pounds to the said Henry Bonham Carter as a tiny sign of my gratitude for his wise and unfailing exertions in connection with our Training Schools for Nurses, and also the portraits of Sir Bartle Frere Mohl Hallam Bunsen and the Sidney Herberts. And I also give to him a further legacy of one thousand three hundred pounds for his objects, and to Joanna Frances Bonham Carter a legacy of one hundred pounds. I give to Francis Galton two thousand pounds for certain purposes and I declare that the same shall be paid in priority to all other bequests given by my Will for charitable or other purposes. I give one hundred pounds to Mary Ureth Frederica, the daughter of William Bacheler Coltman and Bertha Elizabeth Shore Coltman, his wife, and fifty pounds to each of their sons, William Hew Coltman and Thomas Lister Coltman. I bequeath three hundred pounds to J. I. Frederick, Esquire, Secretary of the Army Sanitary Commission, three hundred pounds to Sir Douglas Galton of Chester Street, London. I bequeath one hundred pounds each to Mary and Emily, daughters of the late Dr. William Farr of the General Register Office; two hundred and fifty pounds to Mother Stanislaus, Reverend Mother of the Hospital Sisters in Great Ormond Street, for her objects; one hundred pounds to John Croft, Esquire, late Instructor of the Nightingale Training School at St. Thomas’ Hospital, and two hundred and fifty pounds to the Mother Superior at the time of my death of the Devonport Sisters of Mercy. I direct my executors to purchase out of my estate an annuity of sixty pounds on the life of Miss Crossland, late ‘Home Sister’ of the Nightingale Training School at St. Thomas’ Hospital. And also an annuity of thirty pounds on the life of Miss Vincent, now Matron of St. Marylebone Infirmary. And I bequeath to each of those ladies respectively the annuity so purchased on her life absolutely: each annuity to commence from the date of my decease. I bequeath one hundred pounds to Miss Styring, now Matron of Paddington Infirmary; one hundred pounds to Miss Spencer, now Lady Superintendent of Edinburgh Royal Infirmary; one hundred pounds to Madame Caroline Werckner, who nursed the French Prisoners in the Franco-German War at Breslau (now at Lymington); one hundred pounds to the daughters of Margaret, wife of Sir Edmund Verney, in equal shares; one hundred pounds to the daughters of Frederick W. Verney (youngest son of the late Sir Harry Verney) in equal shares; Five hundred pounds to Paulina Irby of Serajevo, Bosnia, for her objects; One hundred and fifty pounds to Peter Grillage (from Balaclava) and Temperance, his wife, whose maiden name was Hatcher, now at Ridgway, Plympton, Devon, to be equally divided between them and in case one of them should predecease me the survivor to take the whole; Fifty pounds toFanny Dowding now McCarthy, formerly in my service; One hundred pounds to Robert Robinson now residing at 101 West Street, Grimsbury, Banbury; One hundred and seventy five pounds to my servant, Elizabeth Mary Coleman, if living with me at the time of my decease, and to Ellen Pearce twenty five pounds under the same condition; One hundred pounds to William Rathbone, Esquire, M.P. as a feeble sign of heartfelt gratitude for his

unbounded goodness to the cause of Trained Nursing and to me; Two hundred and fifty pounds to the said Sir William Wedderburn for certain purposes; One hundred pounds to each of my executors as an acknowledgment of his trouble in executing the provisions of my Will, in addition to any other legacy left to him. I bequeath one hundred pounds to Mr. William Yeomans of Holloway House, with thanks for his kindness to the people of Holloway for me; I leave twenty pounds for a small gold cross or crucifix to be chosen by the said Henry Bonham Carter for Miss Pringle, formerly Matron of St. Thomas’ Hospital.

“4. I give and bequeath the following specific legacies (namely), the jewels from the Queen and the bracelet from the Sultan and the other medals and Orders, together with my engraving of the ground round Sebastopol, to the Managers for the time being of the Reading Room at Herbert Hospital, or at Netley or at Aldershot or at some other place where soldiers may see them, as my executors may in their absolute discretion decide. All my prints, framed or otherwise (except those that I may otherwise dispose of), and including those of the Queen and Prince Albert given me by the Queen at Balmoral, in one thousand eight hundred and fifty six, and of Landseer’s ‘Highland Nurses’ to my executors to be distributed by them amongst the Nightingale Training Schools for Nurses and those connected with us, in such manner in all respects as my executors may in their absolute discretion decide. The framed Michael Angelo photographs, the portfolio of Venice photographs from Mrs. Bracebridge, the two lovely water colour sketches of Embley, and the copy of Turner’s ‘Rock’ by Louisa Elenor Shore Nightingale, my father’s watch and spectacles, the book case in the drawing room given me by the said William Shore Nightingale and Louisa Eleanor, his wife, the portrait of Sir John McNeill, the little Soutari clock and the box (Miss Coape’s) with all the ‘stuff’ in it, i.e. annotated in pencil by Mr. Stuart Mill and Mr. Jowett, with their letters, et cetera, upon it, to the children of the said William Shore Nightingale, living at my death, to be divided amongst them in such manner as they shall agree upon, and in default of agreement as my executors, other than the said Samuel Shore Nightingale and Louis Hilary Shore Nightingale, shall determine. The cutlery given me by the town of Sheffield and any Tallboy or book case or tall stand for papers he may choose to the said Samuel Shore Nightingale. The ‘Colas’ bronze of Sophocles, all copies of the printed three volumes entitled ‘Suggestions for Thought,’ the three volumes of Quetelet given me by Mr. Quetelet with my M. S. papers in the same parcel, and my Dante in three volumes quarto with illustrations, to the said Rosalind Frances Mary Nash. The sketch of the older Parthe to Mrs. Hawthorn, a bookcase or tallboy and the picture of the head of Christ with the Crown of Thorns (Nazarene), in my room, to the said Louis Hilary Shore Nightingale. The Titian ‘Virgin’ with the two sides of Angioletti and the (rare) cast of the Avignon Crucifix to the said Margaret Thyra Barbara Shore Nightingale. To each of them, the said Samuel Shore Nightingale and Louis Hilary Shore Nightingale, Rosalind Frances Mary Nash and Margaret Thyra Barbara Shore Nightingale, such six of my books as they shall select. The picture of Gordon in ‘The last Watch’ to the said Louisa Eleanor Shore Nightingale. The Bible given me by Pleasley to the said Frederick W. Verney. The Michael Angelo Sistine Chapel ceiling, stretched on two screen poles, and my chatelain with the blue seal ring, etc. upon it to the said Bertha Elizabeth Shore Coltman. The desk given me by Lea to Beatrice Lushington during her life, and after her death to the said Louis Hilary Shore Nightingale. The framed ‘Nile’ given me by the said Henry Bonham Carter and the Models of Highgate Infirmary and Chapel made by Patients there to Sibella, the wife of the said Henry Bonham Carter. The prints which belonged to dear Hilary, namely the Correggio ‘Magdalen’ and ‘Christ in the Garden,’ the large Michael Angelo of Isaiah (all framed), also a packet of papers of Hilary’s (in my despatch box) to be divided between Alice Bonham Carter and her sister, Elinor Dicey, or if either of them should die before me, all the said articles to the survivor, but if neither of them should survive me I direct that the said papers shall be burnt. The large framed photograph of her father, Sidney Herbert, given me by his wife, to Mary Herbert, now Baroness Hugel. The large framed Madonna di San Sisto (with a little secret between us about Gwendolen’s likeness) to Maude, wife of the said Frederick W. Verney; such of my blue books, War Office, India and Statistical and Hospital Reports and Books as he shall choose to the said J. J. Frederick, and the remainder of them to the said Sir Douglas. The volume of Prince Albert’s speeches given me by the Queen, with her autograph in the book, to the said Henry Bonham Carter. The life of the Prince Consort given me by the Queen, with her autograph in it, and the Athens photograph book given me by Emily Verney to the said Margaret Verney. The Illustrated New Testament and Prayer Book to my two little Goddaughters, Ruth, child of the said Margaret Verney, and Kathleen, child of the said Frederick W. Verney. The Roman Catholic books in English or French, some of which were given me by the Reverend Mother Clare of Bermondsey, who died in one thousand eight hundred and seventy four, to the said Mother Stanislaus; my Schiller to Miss Shalders, formerly Governess to the children of Mrs. Frederick Verney, and to Blanch Mary Shore Clough some article to be selected by her out of my personal chattels, not subject to other destinations.

“5. I give and bequeath all my remaining books, clothes, furniture, trinkets and personal chattels to my executors, requesting them thereout to give some remembrance of me to their children and to the children of my deceased friend, the said Arthur Hugh Clough the elder, and Blanch Shore Clough, his widow; the children of the said Bertha Elizabeth Shore Coltman, of the said Sir Edmund Verney, of the said Frederick W. Verney, of George Lloyd Verney and of Henry Bonham Carter and Sibella, his wife; to the widow of the said George Lloyd Verney and to Mr. Burton of Lea School. To my beloved and reverend friends, Mr. Charles H. Bracebridge and his wife, my more than mother, without whom Scutari and my life could not have been and to whom nothing that I could ever say or do would in the least express my thankfulness, I should have left some token of my remembrance had they, as I expected, survived me. I further request my executors to distribute the whole of the remainder of the said articles, including the useful furniture and books, amongst the Matrons Home Sisters, Ward Sisters, Nurses and Probationers trained by us for whom they know me to have a regard, particularly remembering the hospital of St. Thomas and of Edinburgh and the Infirmaries of St. Marylebone and Paddington, and including the successor of Miss Jones, formerly Superior of St. John’s, now at 30 Kensington Square. And I declare that the gifts hereinbefore directed or authorized to be made by my executors out of the articles aforesaid shall be entirely in the uncontrolled discretion of my executors, both as to selection of the gifts and of the donees, other than those mentioned by name.

“6. I request that all my letters, papers and manuscripts (with the exception of the papers relating to India and the other exceptions hereinbefore contained) may be destroyed without examination; also that the pencil notes in the pages of any religious books may be destroyed with the books, and I appeal to the love and feeling of my cherished friends and executors and earnestly entreat of them entirely to fulfil these my last wishes.

“7. I declare that every legacy hereinbefore given to a legatee for his (or her) objects, or for certain purposes, shall be considered in law as an absolute gift to such legatee and that every powder of appropriation, user or application, hereinbefore contained shall be exercisible by the legatee on whom the same is conferred without any liability to account for its exercise.

“8. I direct that all legacies, annuities and bequests given by this my Will or any Codicil thereto, whether pecuniary or specific, shall be free from duty, which shall be paid out of my residuary personal estate.

“9. In case any of the children of the said Arthur Hugh Clough, the father, or of the said William Shore Nightingale shall die in my lifetime, then I give and bequeath the legacy, or legacies (specific or pecuniary) hereinbefore given to such child, to his or her children (if any) who shall be living at my death and if more than one in equal shares.

“10. I devise and bequeath all the residue of my personal estate and effects whatsoever and wheresoever and all my real estate of every tenure and wheresoever situate unto and to the use of the children of the said William Shore Nightingale who shall be living at my death, and the child or children then living of any deceased child of his absolutely, and if more than one in equal shares, but so that the children of any deceased child of his shall take equally between them only the share which their parent would have taken had he or she survived me.

“11. I authorize my executors to determine what articles pass under any specific bequest contained in this my Will or any Codicil hereto and to determine all questions and matters of doubt arising under this my Will or any Codicil hereto. And I declare that every such determination, whether made upon a question actually raised or implied in the acts or proceedings of my executors, shall be conclusive and binding on all persons interested under this my Will. And I declare that all powers, authorities and discretions thereby expressed to be vested in or given to my executors shall be vested in and exercisible by the acting executors or executor for the time being of this my Will. And I declare that my executors may employ the said Louis Hilary Shore Nightingale professionally, if they think proper, and that if so employed he shall be entitled to charge and be paid all usual professional or other charges for any business done by him and whether in the ordinary course of his profession or business or not.

“12. I give my body for dissection or postmortem examination for the purposes of Medical Science and I request that the directions about my funeral given by me to my uncle, the late Samuel Smith, be observed; my original request was that no memorial whatever should mark the place where lies my ‘Mortal Coil.’ I much desire this but should the expression of such wish render invalid my other wishes, I limit myself to the above mentioned directions, praying that my body may be carried to the nearest convenient burial ground, accompanied by not more than two persons without trappings and that a simple cross, with only my initials, date of birth and of death, mark the spot.

“In witness whereof I have to this my last will and testament contained in six sheets of paper set my hand this twenty eighth day of July, one thousand eight hundred and ninety six.

“Florence Nightingale.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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