The section in question is as follows:
“Article XXI. Section 9. Those scholars, who shall merit it, shall remain in the College until they shall respectively arrive at between fourteen and eighteen years of age; they shall then be bound out by the Mayor, Aldermen and Citizens of Philadelphia, or under their direction, to suitable occupations, as those of agriculture, navigation, arts, mechanical trades, and manufactures, according to the capacities and acquirements of the scholars respectively, consulting, as far as prudence shall justify it, the inclinations of the several scholars, as to the occupation, art or trade, to be learned.
“In relation to the organization of the College and its appendages, I leave, necessarily, many details to the Mayor, Aldermen, and Citizens of Philadelphia, and their successors; and I do so with the more confidence, as, from the nature of my bequests, and the benefits to result from them, I trust that my fellow-citizens of Philadelphia will observe and evince especial care and anxiety in selecting members for their City Councils, and other agents.
“There are, however, some restrictions, which I consider it my duty to prescribe, and to be, amongst others, conditions on which my bequest for said College is made, and to be enjoyed, namely; first, I enjoin and require, that if at the close of any year, the income of the fund devoted to the purposes of the said College shall be more than sufficient for the maintenance of the Institution during that year, then the balance of the said income, after defraying such maintenance, shall be forthwith invested in good securities, thereafter to be and remain a part of the capital; but in no event, shall any part of the said capital be sold, disposed of, or pledged, to meet the current expenses of the said Institution, to which I devote the interest, income and dividends thereof, exclusively: Secondly, I enjoin and require that no ecclesiastic, missionary, or minister of any sect whatsoever, shall ever hold or exercise any station or duty whatever in the said College; nor shall any such person ever be admitted for any purpose, or as a visitor, within the premises appropriated to the purposes of the said college:—In making this restriction, I do not mean to cast any reflection upon any sect or person whatsoever; but as there is such a multitude of sects, and such a diversity of opinion amongst them, I desire to keep the tender minds of the orphans, who are to derive advantage from this bequest, free from the excitement which clashing doctrines and sectarian controversy are so apt to produce; my desire is, that all the instructors and teachers in the College, shall take pains to instil into the minds of the scholars, the purest principles of morality, so that, on their entrance into active life, they may from inclination and habit, evince benevolence toward their fellow creatures, and a love of truth, sobriety, and industry, adopting at the same time, such religious tenets as their matured reason may enable them to prefer. If the income, arising from that part of the said sum of two millions of dollars, remaining after the construction and furnishing of the College and out-buildings, shall, owing to the increase of the number of orphans applying for admission, or other cause, be inadequate to the construction of new buildings, or the maintenance and education of as many orphans as may apply for admission, then such further sum as may be necessary for the construction of new buildings and the maintenance and education of such further number of orphans, as can be maintained and instructed within such buildings as the said square of ground shall be adequate to, shall be taken from the final residuary fund hereinafter expressly referred to for the purpose, comprehending the income of my real estate in the city and county of Philadelphia, and the dividends of my stock in the Schuylkill Navigation Company—my design and desire being, that the benefits of said institution shall be extended to as great a number of orphans, as the limits of the said square and buildings therein can accommodate.”
Will of Jay Gould
Jay Gould died December 2, 1892. By his will, he transferred, as is well known, an immense fortune. After giving certain legacies to his children, relatives and friends, including one to a son for services rendered, and establishing a trust for the benefit of a grandson, he gives his residuary estate to trustees for the benefit of his children for life in equal separate trusts with gifts over to their issue as appointed by the beneficiaries, and in default thereof “in the proportions provided in and by the statutes of this State in the case of intestacy,” and if no issue then “to my surviving children and to the issue of any deceased child share and share alike per stirpes and not per capita.”
The testator directs that the securities of each trust be separately invested, and that the accounts thereof shall be separately kept.
A son and daughter are appointed guardians of his minor children.
The seventh item in his will reads as follows:
“Seventh. I hereby declare and provide that if any of my children shall marry without my consent during my lifetime, or thereafter without the consent of a majority of the then executors and trustees under this will, then and in that event the share allotted to the child so marrying in and by said will and codicil, shall be reduced one-half, and the principal of the other half of the said share shall be paid, assigned, transferred or set over to such persons as under the laws of the State of New York would take the same if I had died intestate.”
There is a marked similarity in many of the provisions of this will to those of the late William H. Vanderbilt.
Will of Horace Greeley
Horace Greeley died at Pleasantville, New York, November 29, 1872. His will is as follows:
“I, Horace Greeley, being nearly sixty years old and in medium health but admonished by recent illness of the uncertainty of life, do make and publish this my last will and testament superseding and revoking all of earlier date which may be found or exist.
“Item: I will and bequeath to my daughter, Ida Lillian Greeley, requesting her to share the proceeds therefrom with her sister Gabrielle Miriam Greeley all my books, copyrights and sums which may be due and owing me from publishers, at the time of my decease naming especially my ‘American Conflict,’ ‘Recollections of a Busy Life,’ ‘Political Economy,’ and ‘What I Know of Farming,’ as works wherefrom some income may accrue from copyrights after my decease.
“Item: I will and bequeath to my two daughters aforesaid all the real estate whereof I may die possessed or be entitled to, except the farm on which my brother Nathan Barnes Greeley lives, in Wayne Township, Erie County, Pennsylvania, directing that my daughter Ida Lillian aforesaid be and hereby is authorized and empowered during the minority of her sister Gabrielle Miriam to manage, let, improve, lease or sell the whole or any portion of the same as she shall judge expedient and advantageous to herself and her sister aforesaid, the same to be subject to the right of dower inhering in my wife Mary Young Greeley unless and until she shall see fit to release the same to my two daughters aforesaid.
“Item: I bequeath to my brother Nathan Barnes Greeley aforesaid and his wife Ruhanna the full and uninterrupted use for life of either of them of my farm lying in the Township of Wayne, Erie County, Pennsylvania, aforesaid. And I further bequeath to whichever of his sons the said Nathan Barnes Greeley may designate the reversion or remainder of one-half of said farm, it being my understanding and purpose that said son shall live with and take care of said Nathan Barnes and Ruhanna Greeley to the end of their several lives.
“Item: I direct that if any share or shares in the Tribune Association shall remain to me at my decease one of them shall be sold under the rules of said association to the highest bidder and the proceeds without deduction or abatement be paid over as my bequest to the Childrens Aid Society, whereof New York City is the focus of operations, to be invested or disbursed as its proper authorities shall direct. If more than one share of stock in the Tribune Association shall remain to me at my death and if my wife, Mary Young Greeley, shall survive me, I bequeath to her one-half of such remaining shares of stock in lieu of all other dower, except those reserved to her as aforesaid, and I hereby renounce and disclaim in favor of my said wife all claim on my part or on that of my heirs to the real estate once mine but now wholly hers near the Village of Chappaqua in the Township of New Castle, Westchester County, New York, as also to the two shares of Tribune stock now standing in her name and which were never mine but wholly purchased by her money, and I further renounce and disclaim in her favor all right to the stock and funds of the Northern Pacific Rail Road which I have paid for with her money and which now stands in her name on the books of the Company and I give and bequeath unto my said wife all the animals, implements, machinery, crops, products and materials which may at the time of my death exist upon or pertain to her farm and buildings in New Castle township aforesaid:
“Item: I direct that whatever stock in the Tribune Association may remain to me at the time of my death after fulfilling and satisfying the foregoing bequests be sold in accordance with the rules of said association and that from the proceeds thereof and from the proceeds of such portions of the debts due or owing to me from all persons whatever as may at anytime be collected, there be paid the following bequests in their order namely:
“1. Two thousand dollars to my sister Margaret Greeley Bush, in case she survive me, and in case she should not but her daughter Evangeline Bush shall survive me then the said sum of two thousand dollars shall be paid to her my said sister’s daughter Evangeline Bush.
“2. One thousand dollars each to my sister Arminda, wife of Lovewell Greeley and Esther, wife of John F. Cleveland or to their surviving children respectively in case they or either of them shall die before I do.
“3. I give or bequeath all the residue or remainder of my property of whatever name or nature to my daughters Ida Lillian and Gabrielle Miriam Greeley and to the survivor in case but one of them shall survive me.
“I hereby appoint Samuel Sinclair, Publisher Tribune, Charles Storrs, merchant now of 73 Worth Street, New York City and Richard C. Manning now residing in Clinton Avenue, Brooklyn or any two of them who may survive me and accept the trusts, executors of this my last will and testament.
“In witness whereof, I have hereunto set my hand and seal this ninth day of January in the year of our Lord one thousand eight hundred and seventy-one.
“Horace Greeley.”
Will of Alexander Hamilton
“In the name of God, Amen. I, Alexander Hamilton, of the City of New-York, Counsellor at Law, do make this my last Will and Testament as follows:
“First. I appoint John B. Church, Nicholas Fish, and Nathaniel Pendleton, of the city aforesaid, Esquires, to be Executors and Trustees of this my Will; and I devise to them, their heirs and assigns, as joint tenants and not as tenants in common, all my estate real and personal whatsoever, and wheresoever, upon trust at their discretion to sell and dispose of the same, at such time and times, in such manner, and upon such terms, as they, the survivors and survivor, shall think fit; and out of the proceeds to pay all the debts which I shall owe at the time of my decease; in whole, if the fund be sufficient; proportionably, if it shall be insufficient; and the residue, if any there shall be, to pay and deliver to my excellent and dear wife Elizabeth Hamilton.
“Though, if it should please God to spare my life, I may look for a considerable surplus out of my present property; yet, if He should speedily call me to the eternal world, a forced sale, as is usual, may possibly render it insufficient to satisfy my debts. I pray God that something may remain for the maintenance and education of my dear wife and children. But should it on the contrary happen, that there is not enough for the payment of my debts, I entreat my dear children, if they, or any of them, should ever be able, to make up the deficiency. I, without hesitation, commit to their delicacy a wish which is dictated by my own.—Though conscious that I have too far sacrificed the interests of my family to public avocations, and on this account have the less claim to burthen my children, yet I trust in their magnanimity to appreciate as they ought, this my request. In so unfavourable an event of things, the support of their dear mother, with the most respectful and tender attention, is a duty, all the sacredness of which they will feel. Probably her own patrimonial resources will preserve her from indigence. But in all situations they are charged to bear in mind, that she has been to them the most devoted and best of mothers.”
Alexander Hamilton was, perhaps, the most finished character in the history of the United States, and the value of his services to this country cannot be overestimated: after the lapse of more than a hundred years, his greatness and usefulness are still revered, and his untimely death lamented.
On June 18, 1804, Aaron Burr addressed to Hamilton, a communication calling attention to a letter published by Charles B. Cooper, wherein he said, “I could detail to you a still more despicable opinion which General Hamilton has expressed of Mr. Burr,” together with a further statement that Burr was “a dangerous man and one who ought not to be trusted with the reins of government:” the lengthy and dignified answer of Hamilton was not satisfactory to Burr, and again on June 21st, he wrote, “Political opposition can never absolve gentlemen from a rigid adherence to the laws of honour and rules of decorum.” Further unsatisfactory correspondence followed, with the result that the two met at seven o’clock A.M., July 11th, 1804, at Weehawken, New Jersey, opposite New York, and fought a duel; Hamilton fell at Burr’s first shot, mortally wounded, dying the next day at two o’clock: on the day before the duel, Hamilton wrote Nathaniel Pendleton, who accompanied him to the field, a letter containing his motives for accepting the challenge, and his reflections on the situation, which is in part as follows:
“On my expected interview with Col. Burr, I think it proper to make some remarks explanatory of my conduct, motives, and views.
“I was certainly desirous of avoiding this interview for the most cogent reasons.
“1. My religious and moral principles are strongly opposed to the practice of duelling, and it would ever give me pain to be obliged to shed the blood of a fellow creature in a private combat forbidden by the laws.
“2. My wife and children are extremely dear to me, and my life is of the utmost importance to them, in various views.
“3. I feel a sense of obligation towards my creditors; who in case of accident to me, by the forced sale of my property, may be in some degree sufferers. I did not think myself at liberty as a man of probity, lightly to expose them to this hazard.
“4. I am conscious of no ill will to Col. Burr, distinct from political opposition, which, as I trust, has proceeded from pure and upright motives.
“Lastly, I shall hazard much, and can possibly gain nothing by the issue of the interview.
“But it was, as I conceive, impossible for me to avoid it. There were intrinsic difficulties in the thing, and artificial embarrassments from the manner of proceeding on the part of Col. Burr.
“ ... I have resolved, if our interview is conducted in the usual manner, and it pleases God to give me the opportunity, to reserve and throw away my first fire, and I have thoughts even of reserving my second fire—and thus giving a double opportunity to Col. Burr to pause and to reflect.
........
“To those who, with me, abhorring the practice of duelling, may think that I ought on no account to have added to the number of bad examples, I answer, that my relative situation, as well in public as private, enforcing all the considerations which constitute what men of the world denominate honour, imposed on me (as I thought) a peculiar necessity not to decline the call.
........
“A. H.”
Hamilton was buried on the following Saturday with every possible evidence of respect and sorrow; in the funeral procession his gray horse dressed in mourning was led by two black servants dressed in white; the streets of New York were lined with people, and doors and windows were filled, and housetops occupied, and every civic and military organization was represented. Gouverneur Morris delivered the funeral oration from a stage erected in the portico of Trinity Church to an immense concourse. When Hamilton’s distracted wife and children, seven in number, were brought to his bedside, shortly before his death, he said to her, “Remember, my Eliza, you are a Christian.”
General Hamilton married Elizabeth Schuyler, a daughter of General Philip Schuyler, thus allying himself with one of the most distinguished founders of New York.
Aaron Burr lived to be eighty years old. The loss of his only daughter, Theodosia Alston, at sea, left him without family ties. There is a tradition that Burr, a broken and sorrowing man, watched the sea ever afterward, hoping that the lost Theodosia might be returned to him. At the age of seventy-eight he married the second time; he and this wife separated, but were never divorced.
Will of Edward H. Harriman
This will is unique in its brevity, containing only ninety-nine words, and has been criticised for its omissions: it will be seen that there is no mention of the testator’s children, and that the will has but two witnesses, which is unusual where so vast an estate is disposed of and the property located in many states. It will also be noted that the testator’s wife, who is made executrix, is not exempted from giving bond as such. Mr. Harriman, at the time of his death, controlled perhaps the largest corporate interests of any person in the United States, particularly those of railways. He died in September, 1909. His will is as follows:
“I, Edward H. Harriman of Arden in the State of New York, do make, publish and declare this as and for my last will and testament that is to say:
“I give, devise and bequeath all of my property real and personal of every kind and nature to my wife, Mary W. Harriman to be hers absolutely and forever and I do hereby nominate and appoint the said Mary W. Harriman to be executrix in this my will.
“In witness whereof, I have hereunto set my hand and seal this 8th day of June in the year 1903.
“Edward H. Harriman.”
Will of Patrick Henry
“There is no retreat but in submission and slavery. Our chains are already forged. Their clanking may be heard on the plains of Boston. The next gale that sweeps from the north will bring the clash of resounding arms. Our brethren are already in the field. Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty or give me death!”
Patrick Henry was born in Hanover County, Virginia, on May 29, 1736; he died at his county seat, Red Hill, in Charlotte County, Virginia, on June 6, 1799. The will of this distinguished orator and statesman is given at length; notwithstanding the conditions imposed in restraint of marriage, his widow took unto herself another spouse, Judge Edmund Winston, who was Patrick Henry’s cousin.
“In The Name of God, Amen:—I, Patrick Henry, of Charlotte County, at my leisure and in my health do make this my last Will and Testament in manner following, and do write it throughout with my own hand. I, knowing my ever dear wife Dorethea to be worthy of the most full and entire confidence, I do will and devise to her the Guardianship of my children, and do direct and order that she shall not in any manner be accountable to any person for her management therein. I do give to my said wife Dorethea all my Lands at and adjoining my dwelling place called Red Hill, purchased from Fuqua, Booker, Watkins, & others, out of the tract called Watkins’s Order, to hold during her life, together with twenty of my slaves, her choice of them all, and at her death the said Lands are to be equally divided in value in fee simple between two of my sons by her; and she is to name and point out the two Sons that are to take the said Lands in fee simple at her discretion. I will and direct all my Lands in my Long Island estate in Campbell County to be divided into two parts by Randolph’s old road, till you come along it to the place where the new road going from the Overseer’s house to Davis’s mill crosses it at two white oaks and the stump of a third, from thence by a straight line a few hundreds yards to Potts’s Spring at the old Quarter place, from thence as the water runs to the river which is near to the upper part where Mr. Philip Payne lives is to be added the Long Island and other Islands, to the lower part the Overseer’s residence and also one hundred and fifty acres of the back land out of the upper part most convenient for both parts for Timbers to the lower. These two estates to be in fee simple to two of my other sons by my said wife, whom she is also to name and point out. I will and direct that there be raised towards paying my debts one thousand pounds by sale in fee simple, out of my following Lands, viz.—Leatherwood, Prince Edward Lands, Kentucky Lands, Seven Island Lands, and those lately purchased of Marshall Mason, Nowell, Wimbush, Massy, and Prewett, or such parts thereof as my Executors may direct, and the residue thereof I will and direct to be allotted equally in value into two parts for a provision for other two of my sons in fee simple by my said wife, which sons she shall in like manner name and point out. But if the payment of my debts is or can be accomplished without selling any of my slaves or personal estate, then I desire none of these Lands to be sold, but they are to be allotted as the provision aforesaid for two of my sons. Thus I have endeavored to provide for my six sons by my dear Dorethea; their names are Patrick, Fayette, Alexander Spotswood, Nathaniel, Edward Winston, and John. I will my slaves to be equally divided amongst my children by my present wife except my daughter Winston, who has received hers, or nearly so; but the twenty slaves given to my said wife for her life, I desire she may give as she pleases amongst her children by me. I will that my wife have power to execute Deeds for any Lands I have agreed to sell, in the most ample manner. I give to my Grandson Edmund Henry, when he arrives to the age of twenty-one years and not before, in fee simple, the thousand acres of Land where his father died, joining Perego’s line, Cole’s line, and the line of the land intended for my son Edward, dec’d., together with the negroes and other property on the said one thousand acres of Land. But in case the said Edmund shall die under the age of twenty-one years, and without Issue then alive, I will the said Land, Slaves, and other property to my six sons above mentioned equally in fee simple. I have heretofore provided for the children of my first marriage, but I will to my daughters, Roane and Aylett, two hundred pounds each of them as soon as my estate can conveniently pay it by cropping. In case either of my six sons, viz.—Patrick, Fayette, Alexander Spotswood, Nathaniel, Edward Winston, or John, shall die under the age of twenty-one, unmarried and without Issue then living, I will that the estate of such decedent be divided among the Survivors of them in such manner as my said wife shall direct.
“All the rest and residue of my estate, whether Lands, Slaves, personal estate, Debts and rights of every kind, I give to my ever dear and beloved wife Dorethea, the better to enable her to educate and bring up my Children by her, and in particular I desire she may at her discretion collect, accommodate, manage, and dispose of the debt due to me from the late Judge Wilson in such manner as she thinks best, without being accountable to any person, but so as that the produce, whether in Lands, Slaves, or other effects, be by her given amongst her children by me, as I do hereby direct all the said residue to be given by her after her decease. If the said debt from the said Wilson cannot be recovered, then I give the Lands I covenanted to sell to him, the said Wilson, lying in Virginia and North Carolina, to my said wife in fee simple to make the most of and apply for the benefit of her children by me as aforesaid. But in case my said wife shall marry again, in that case I revoke and make void every gift, legacy, authority, or power herein mentioned, and order, will, and direct, She, my said wife, shall have no more of my estate than she can recover by Law; nor shall she be Guardian to any of my children, or Executrix of this my Will.
“I will that my daughters, Dorethea S. Winston, M. Catharine Henry, and Sarah Butler Henry, be made equal in their negroes. In case the debt from Judge Wilson’s estate be recovered, I do desire and will that five hundred dollars each be paid to my dear Daughters, Anne Roane & Elizabeth Aylett, and Martha Fontaine.
“This is all the inheritance I can give to my dear family. The religion of Christ can give them one which will make them rich indeed.
“I appoint my dear wife Dorethea, Executrix, my friends Edmund Winston, Philip Payne, and George D. Winston, Executors, of this my last Will, revoking all others. In witness whereof I have hereunto set my hand and seal this 20th November, 1798.
“P. Henry, L. S.”
“Codicil to my Will, written by myself throughout, and by me annexed and added to the said Will and made part thereof in manner following, that is to say: Whereas, since the making of my said Will, I have covenanted to sell my Lands on Leatherwood to George Hairston, including the 1000 acres intended for my Grandson Edmund Henry, and have agreed to purchase from General Henry Lee two shares of the Saura Town Lands, amounting to about 6,314 acres certain, and the debt due me from Wilson’s estate is agreed to go in payment for the said purchase, whereby there will exist no necessity to sell any of my estate for payment of my debts, I do therefore give the said Saura Town Lands in fee simple equally to be divided in value to two of my sons by my dear wife Dorethea, and desire her to name the sons who are to take that estate, and it is to be in Lieu and place of the Leatherwood, Prince Edward, Kentucky, and Seven Islands, and other lands allotted for two of my sons in my said Will, so that the Red Hill estate, Long Island estate, and the Saura Town estate will furnish seats for my six sons by my wife.
“In case any part of my Lands be evicted or lost for want of title, I will that a contribution of my other sons make good such loss in Lands of equal value.
“I give to my Daughter Fontaine five hundred dollars; to each of my Daughters, Anne Roane and Elizabeth Aylett, one thousand dollars; to my Daughter Dorethea S. Winston, one thousand dollars, as soon as my estate can conveniently raise these sums. To my Daughters, Martha Catharine and Sarah Butler, I give one thousand pounds each, and these legacies to all and each of my daughters are to be in Lieu and place of everything before intended for them, and if it is not in the power of my Executors to pay my said Daughters their legacies in money from my estate, then and in that case all my said Daughters are to take property, real or personal, at fair valuation, for their legacies respectively. And to this end I give my Lands in Kentucky, Prince Edward, at the Seven Islands, all my Lands lately purchased near Falling River and its waters, containing about 17 or 1800 acres, and all others not mentioned herein, to my Executors for the aforesaid purpose of paying Legacies and for allowing my Grandson Edmund Henry eight hundred pounds in Lieu of the Leatherwood Lands in case he shall attain the age of twenty one years or marries, but not otherwise. His Land, if he has it at all, is to be in fee simple, as also all the Lands that may be allotted in Lieu of money are to go in fee simple.
“I also will that my said Dear wife shall at her discretion dispose of three hundred pounds worth of the said last mentioned Lands to any of her children by me, and finally of whatsoever residue there may happen to be after satisfying the foregoing demands, and that she shall have in fee simple all the residue of my estate, real or personal, not disposed of for the intent and purpose of giving the same amongst her children by me. If she chooses to set free one or two of my slaves, she is to have full power to do so. In case Judge Wilson’s debt is lost by General Lee not taking it in payment, whereby the contract for Saura Town Lands becomes void, this Codicil is to become of no effect, and is to be void and null, and my Executors are to compensate the two of my sons to whom my Leatherwood Lands were to go, by the Lands sold to Judge Wilson, and they are in that case to have all the Lands directed to be joined with the Leatherwood, and so much money as will make their Lotts equal in value with the Lotts of my other sons by my present wife.
“In witness whereof I have hereunto set my hand and seal this 12th day of February, 1799.
“P. Henry, L. S.
“Indorsements: The within is my Will written throughout by my own hand this 20th November, 1798.
“P. Henry.
“The Codicil also written by myself, February 12th, 1799.
“P. Henry.
Will of Oliver Wendell Holmes
Oliver Wendell Holmes died October 7, 1894. His will is as follows:
“Know all men by these presents, that, I Oliver Wendell Holmes of Boston, in the County of Suffolk and Commonwealth of Massachusetts, being of sound and disposing mind and memory, do make this my last will and testament, hereby revoking all former wills and codicils by me at any time made.
“Imprimis. I direct my executor hereinafter named to pay all my just debts and funeral expenses as soon as may be after my decease.
“Item. I give to my grandson Edward Jackson Holmes, son of my youngest child Edward Jackson Holmes, five thousand dollars.
“Item. All the rest and residue of the property, real and personal, of which I shall die seized or possessed, or to which I shall be in any way entitled or over which I shall have any power of appointment at the time of my decease, I give, devise, bequeath and appoint to my son Oliver Wendell Holmes junior, to his own use, absolutely and in fee simple.
“Item. I appoint said Oliver Wendell Holmes junior, executor of this my will and request that no surety be required on his official bond.
“In witness whereof I hereto set my hand and seal, and declare this to be my last will and testament, this first day of June, a.d., eighteen hundred and eighty nine.
Will of Johns Hopkins
Johns Hopkins, an American financier and philanthropist, and the founder of the Hospital and University which bear his name, died in Baltimore, Maryland, December 24, 1873.
The first item in his will is as follows:
“First and principally, I commit, with humble reverence, my soul to the keeping of Almighty God.”
Then follows in great detail, the provisions for the establishment of the Johns Hopkins University and the Johns Hopkins Hospital. It was directed that the Hospital should have buildings, not only for the whites, but for the sick, poor colored people, and also a building for the reception and care of colored orphans and destitute children. Both the University and the Hospital were corporations which the will declares had been already created at the instance of the testator. The hopes of the testator with reference to the success of these institutions, has been fully realized, for they are recognized throughout the country as models of their kind.
The amount given to these two institutions was approximately seven and one-half million dollars.
Will of Stephen Hopkins
Stephen Hopkins, a passenger of the voyage of the Mayflower died at Plymouth on or about June 6, 1644; his will in part is as follows:
“The sixt of June 1644 I Stephen Hopkins of Plymouth in New England being weake yet in good and prfect memory blessed be God yet considering the fraile estate of all men I do ordaine and make this to be my last will and testament in manner and forme following.... I do bequeath by this my will to my sonn Giles Hopkins my great Bull wch is now in the hands of Mris Warren Also I do give to Stephen Hopkins my sonn Giles his sonne twenty shillings in Mris Warrens hands for the hire of the said Bull Also I give and bequeath to my daughter Constanc Snow the wyfe of Nicholas Snow my mare also I give unto my daughter Deborah Hopkins the brodhorned black cowe and her calf and half the Cowe called Motley Also I doe give and bequeath unto my daughter Damaris Hopkins the Cowe called Damaris heiffer and the white faced calf and half the cowe called Mottley Also I give to my daughter Ruth the Cowe called Red Cole and her calfe and a Bull at Yarmouth wch is in the keepeing of Giles Hopkins wch is an yeare and advantage old and half the curld Cowe Also I give and bequeath to my daughter Elizabeth the Cowe called Smykins and her calf and thother half of the Curld Cowe wth Ruth and an yearelinge heiffer wthout a tayle in the keepeing of Gyles Hopkins at Yarmouth. Also I do give and bequeath unto my foure daughters ... all the mooveable goods the wch do belong to my house, as linnen woollen beds bed-cloathes pott kettles pewter or whatsoevr are moveable ... and foure silver spoones that is to say to eich of them....”
The inventory shows a long list of personal property, including the bulls, cows, the “heiffer without a tayle,” spoons and other household goods.
Will of Sam Houston
Sam Houston died July 25, 1863; here is his will:
“In the name of God, the Father, the Son and Holy Spirit, I, Sam Houston, of the County of Walker and State of Texas, being fully aware of the uncertainty of life, and the certainty of death, do ordain and declare this my last Will and Testament.
“First: I will that all my just debts be paid out of my personal effects, as I think them sufficient without disposing of any of the family servants.
“Second: I bequeath my entire remaining estate to my beloved wife, Margaret and our children, and I desire that they may remain with her so long as she may remain in widowhood, and should she at any time marry, I desire that my daughters should be subject to her control, so long as their minority lasts.
“Third: My will is that my sons should receive solid and useful education, and that no portion of their time may be devoted to the study of abstract science. I greatly desire that they may possess a thorough knowledge of the English language, with a good knowledge of the Latin language. I also request that they be instructed in the knowledge of the Holy Scripture, and next to these that they may be rendered thorough in a knowledge of Geography & History. I wish my sons early taught an utter contempt for novels & light reading. In all that pertains to my sons I wish particular regard paid to their morals as well as to the character and morals of those with whom they may be associated or instructed.
“Fourth: I leave to my wife, as Executrix, and to the following gentlemen as my Executors, Thomas Gibbs, Thomas Carothers, J. Carroll Smith, and Anthony M. Branch, my much beloved friends in whom I place my entire confidence, to make such disposition of my personal and real estate as may seem to them best for the necessities and interests and welfare of my family.
“Fifth: To my dearly beloved wife, Margaret, I confide the rearing, education and moral training of our sons and daughters.
“Sixth: To my eldest son, Sam Houston, Jr., I bequeath my sword, worn in the battle of San Jacinto, never to be drawn only in defense of the constitution, the laws and liberties of his country. If any attempt should ever be made to assail one of these, I wish it to be used in its vindication.
“Seventh: It is my will that my library should be left at the disposition of my dear wife.
“Eighth: To my dearly beloved wife I bequeath my watch, and all my jewelry, subject to her disposition.
“Ninth: I hereby appoint my dearly beloved wife, Margaret, Testamentary Guardian of my children, their persons and estates during minority. But should a wise Providence, through its inscrutable decrees see fit to deprive our offspring of both parents and make them orphans indeed, it is hereby delegated to my Executors who are hereby confirmed, J. Carroll Smith, Thomas Carothers, Thomas Gibbs, and Anthony M. Branch, to make such disposition in regard to their welfare as they may think best calculated to carry out the designs as expressed in this my last Will and Testament.
“Tenth: And I direct and enjoin my Executrix and Executors that after the probate and registry of this my last Will, and return of Inventory of my estate, the County or other Court of Probate, have no further control over my Executors or Testamentary Guardian or of my estate.
“Done at Huntsville the second day of April, 1863.
“Sam Houston.”
Will of Julia Ward Howe
Julia Ward Howe, poet, philanthropist and advocate of abolition and of the legal and political rights of women, died October 17, 1910, at the age of ninety-one.
The “Battle Hymn of the Republic,” her most famous creation, was written in 1861; inspired, it is said, by the sight of troops marching to the tune of “John Brown’s Body.”
Her will was filed for probate in November 1910; it is in these words:
“I, Julia Ward Howe, of Boston, in the County of Suffolk and Commonwealth of Massachusetts, widow, do make this my last will and testament.
“I give and devise to George H. Richards, of Boston aforesaid, counsellor at law, and to his heirs, all my real estate in Tumwater, Thurston County, in the State of Washington, but in trust nevertheless, for the benefit of my grandchildren, Samuel P. Hall and Alice M. Richards and their heirs, with power to sell the same or any portion or portions thereof and to invest and re-invest the proceeds of any such sales in either real estate or personal property, and in trust to pay the net income of this trust equally to my said grandchildren or their heirs, and at the end of five years from the time of my death to sell all property, both real and personal, then held in this trust and pay over the proceeds of the same equally to my said grandchildren or their heirs, unless by their joint written request they shall name a later date for the termination of this trust.
“All the rest and residue of my property, real and personal, I give, devise and bequeath to my four children, Florence M. Hall, Henry M. Howe, Laura E. Richards and Maud H. Elliott, and to the issue of any that may have deceased by right of representation.
“I appoint the said George H. Richards, executor of this my will and I request that no sureties be required on his official bond either as executor or trustee.
“In witness whereof, I, the said Julia Ward Howe, have hereunto set my hand and seal this eleventh day of November, A.D. 1897.
“Julia Ward Howe. (Seal)
“Signed, sealed and published by the said Julia Ward Howe, as and for her last will and testament, in the presence of us, who at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses.
“Margaret Livingston Chanler
“Henry Jaques
“Hannah McRae”
Will of John James Ingalls
John J. Ingalls died August 16, 1900. His will was dated August 24, 1889, and is as follows:
“I, John James Ingalls, of the City and County of Atchison in the State of Kansas, Gentleman, mindful of the uncertainty of life and the certainty of death, do make, publish and declare this my last Will and Testament.
“I give, bequeath and devise unto my beloved wife, Anna Louisa, all my property and estate, real, personal and mixed of every description and wherever situated, and appoint her the sole executrix hereof without bond, surety or undertaking.
“In witness whereof, I have hereunto set my hand this 24th day of August, 1889.
“John J. Ingalls.”
Will of Washington Irving
Washington Irving died November 28, 1859.
The following is an abstract of his will, which was drawn by himself. It bears date the 3rd day of December, 1858, not quite a year before his death. He declared his general intention to be, to dispose of all his estate so that it might be, as far as possible, kept together as a maintenance for his brother Ebenezer and his daughters, who had been accustomed to reside with him, to enable them to live with the same degree of comfort and in the same respectable style they had been accustomed to under his roof.
He gives to his nephew, Pierre Munro Irving, the copyright of his “Life of Washington,” with the stereotype and electrotype plates which had been executed for the same, and the plates engraved for its illustration, together with the printed copies of the work that might have been stricken off, leaving him to do with the copyright, types, etc., what he might think proper for his pecuniary benefit. He bequeaths to him, also, all his letters and unpublished manuscripts.
All the rest of his personal estate, he gives to his brother Ebenezer for his life; and, on his death, to his daughters, then surviving him and unmarried. The will then proceeds:
“Second. I give and devise my land and dwelling house in Westchester County, which I have called ‘Sunnyside,’ to my brother, Ebenezer Irving, for his life. On his death, I give the same in fee to his daughters or daughter surviving him, and unmarried; trusting they will endeavor, as I have endeavored, to make this homestead a rallying point, where the various branches of the family connection may always be sure of a cordial welcome.
“I trust, also, they will never sell nor devise this particular property out of the family—though circumstances may render it expedient or necessary for them to rent it out or lease it for a term; but it is my wish that the last survivor of those to whom I thus bequeath my estate will, in turn, bequeath it entire to some meritorious member of the family bearing the family name, so that ‘Sunnyside’ may continue to be, as long as possible, an Irving homestead.
“I give all the residue of my estate, real and personal, to accompany the devise of ‘Sunnyside’ to the same persons, for the like interests, and subject to the like contingencies and power.
“Third. I authorize my executors to make sale of, or otherwise convert into money or productive funds, all other lands and tenements I may own, wheresoever situated.
“Last. I appoint my brother, Ebenezer Irving, and my nephew Pierre M. Irving, executors of this my will. I revoke all other and former wills.”
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“Washington Irving.”
Will of Andrew Jackson
Andrew Jackson died June 8, 1845. Extracts from his will, together with a synopsis of its interesting provisions, are here given:
“And whereas since executing my will of the 30th of September, 1833, my estate has become greatly involved by my liabilities for the debts of my well beloved and adopted son Andrew Jackson Jnr., which makes it necessary to alter the same.”
“First. I bequeath my body to the dust whence it came, and my soul to God who gave it: hoping for a happy immortality through the atoning merits of our Lord Jesus Christ, the Saviour of the World.”
He desires that his body be buried by the side of his wife in the garden at the Hermitage, in the vault prepared in the garden.
He desires that all of his just debts be paid out of his personal and real estate by his Executor, including the debt of “my good friends Gen’l J. B. Planche & Co. of New Orleans, for the sum of six thousand dollars with the interest accruing thereon, loaned to me to meet the debts due by A. Jackson Jnr., for the purchase of the Plantation, from Hiram G. Runnels, lying on the East bank of the River Mississippi in the State of Mississippi. Also a debt due by me of ten thousand dollars borrowed of my friends Blair and Rives, of the City of Washington and District of Columbia, with the interest accruing thereon being applied to the payment of the land bot. of Hiram G. Runnels as aforesaid, and for the faithful payment of the aforesaid recited debts, I hereby bequeath all my real and personal estate. After those debts are fully paid &c.”
After the before recited debts are fully paid, he gives to his adopted son Andrew Jackson, Junier, the tract of land “whereon I now live, known by the Hermitage, with all my negroes that I may die possessed of, with the except on hereinafter named, with all their increase, all household furniture, farming tools, stock of all kind, both on the Hermitage tract farms as well as those on the Mississippi plantation, and his heirs forever.”
To his beloved granddaughter, Rachel Jackson, daughter of A. Jackson, Jr., and Sarah, his wife, he gives several negroes (conveyance theretofore deposited with wife of Andrew Jackson, Jr.), and to his beloved grandson Andrew Jackson, son of A. Jackson, Jr., he gives a negro boy named “Ned, son of Blacksmith Aaron and Hannah his wife”; to his grandson, Samuel Jackson, he gives “one negro boy Davy or George, son of Squire and his wife Gincy.”
To Sarah Jackson, wife of his adopted son, Andrew Jackson, of whom he speaks in very affectionate terms, “I hereby recognize by this bequest, the gift I made her on her marriage, of the negro girl Gracy which I bought for her, ... as her maid and seamster with her increase, and my house servant Hannah, and her two daughters, ... to her and her heirs forever.” “This gift and bequest is made for my great affection for her; as a memento of her uniform attention to me, and kindness on all occasions, and particularly when worn down with sickness, pain and debility, she has been more than a daughter to me and I hope she will never be disturbed in the enjoyment of this gift, and bequest by any one.”
To his nephew, Andrew J. Donelson, he gives “the elegant sword presented to me by the State of Tennessee,” with an injunction.
To his grandnephew, Andrew Jackson Coffee, “I bequeath the elegant sword presented to me by the Rifle Company of New Orleans, commanded by Capt Beal, as a memento of my regard and to bring to his recollection the gallant services of his deceased father Genl. John Coffee in the late Indian and British war under my command, and his gallant conduct in defence of New Orleans in 1814 and 1815, with this injunction, that he wield it in the protection of the rights secured to the American citizen under our glorious constitution, against all invaders whether foreign foes or intestine traitors.”
To his grandson, Andrew Jackson, “the sword presented to me by the citizens of Philadelphia, with this injunction, that he will always use it in defence of the constitution of our glorious union, and the perpetuation of our republican system—remembering the motto ‘draw me not without occasion nor sheath me without honor!’”
“The pistols of Genl. Lafayette which was presented by him to Genl. George Washington and by Col. Wm. Robertson presented to me, I bequeath to George Washington Lafayette as a memento of the illustrious personages thro whose hands they have passed, his father and the father of his Country.”
“The gold box presented to me by the Corporation of the City of New York—the large silver vase presented to me by the Ladies of Charleston, South Carolina, my native State, with the large picture representing the unfurling of the American banner, presented to me by the Citizens of South Carolina, when it was refused to be accepted by the United States Senate, I leave in trust to my son A. Jackson Jnr. with directions that should our happy Country not be blessed with peace, an event not always to be expected, he will at the close of the war or end of the conflict, present each of said articles of inestimable value, to that patriot residing in the City or State from which they were presented who shall be adjudged by his Countrymen, or the Ladies, to have been the most valient in defence of his Country and our Country’s rights.”
To General Robert Armstrong he bequeaths his case of pistols and sword worn by himself throughout his military career.
To his son he leaves all his walking canes, and other relics, to be distributed amongst his young relatives, namesakes—first, to his namesake, Andrew J. Donelson, son of his nephew, A. J. Donelson, first choice, and then to be distributed as his son may think proper.
“Lastly, I appoint my adopted son Andrew Jackson Jnr., my whole and sole Executor of this my last will and testament.”
Will of John Jay
The will of Mr. John Jay, who died at his residence, Bedford, Westchester County, New York, May 17, 1829, in the eighty-fourth year of his age, is as follows:
“I, John Jay, of Bedford, in the county of Westchester, and State of New York, being sensible of the importance and duty of so ordering my affairs as to be prepared for death, do make and declare my last will and testament in manner and form following, viz.:—Unto Him Who is the author and giver of all good, I tender sincere and humble thanks for His manifold and unmerited blessings, and especially for our redemption and salvation by His beloved Son. He has been pleased to bless me with excellent parents, with a virtuous wife, and with worthy children. His protection has accompanied me through many eventful years, faithfully employed in the service of my country; and His providence has not only conducted me to this tranquil situation, but also given me abundant reason to be contented and thankful. Blessed be His holy name. While my children lament my departure, let them recollect that in doing them good, I was only the agent of their Heavenly Father, and that He never withdraws His care and consolations from those who diligently seek Him.
“I would have my funeral decent, but not ostentatious. No scarfs—no rings. Instead thereof, I give two hundred dollars to any one poor deserving widow or orphan of this town, whom my children shall select.”
*******
“I appoint all my children, and the survivors or survivor of them, executors of this my last will and testament. I wish that the disposition which I have therein made of my property, may meet with their approbation, and the more so, as their conduct relative to it, has always been perfectly proper, reserved, and delicate. I cannot conclude this interesting act, without expressing the satisfaction I have constantly derived from their virtuous and amiable behavior. I thank them for having largely contributed to my happiness by their affectionate attachment and attention to me, and to each other. To the Almighty and Beneficent Father of us all, to His kind providence, guidance, and blessing, I leave and commend them.”
Will of Joseph Jefferson
Joseph Jefferson, the distinguished American comedian, died in 1905, in his seventy-sixth year. Aside from his reputation as a great actor, he was a landscape painter of considerable ability. His will, executed in duplicate, is dated the 27th day of October, 1899, and is signed “Joseph Jefferson” and “J. Jefferson.” To certain friends, he bequeaths the sum of twenty-three thousand dollars ($23,000), one of whom was Joseph Sefton, of Fitzroy, Melbourne, Australia.
Unto his wife, Sarah Jefferson, he gives his books, pictures, horses, carriages and other personal property in and about his residence at Buzzards Bay; he also gives her his residence and lands constituting said estate, together with one-third of his bonds, stocks, mortgages and money, as well as one-half of the proceeds of his real estate in Louisiana, and one-third of the proceeds of all other real estate.
His oil paintings, painted by himself, he directed should be equally divided among his wife and children, in the following manner: “My wife shall first choose such paintings as she prefers to an extent equalling her share thereof: then my eldest child shall make a like selection; and my other children shall then in turn make their several selections.”
All the rest of his estate, real and personal, he directs shall be sold and equally divided among his children. The will concludes:
“I desire that my remains shall be deposited in such burial plot or place as shall be selected by my family, and that my funeral shall be strictly private and without show or ostentation of any kind.”
A codicil written at “The Reefe,” Palm Beach, Florida, December 14th, 1904, is in the following words:
“To my Wife and to my Executor:
“I, Joseph Jefferson, being sound of mind, do make and authorize this document as a codicil to my last will and testament.
“I bequeath to my faithful attendant, Carl Kettler, if in my employ at the time of my death, the sum of $1000.00.
“Also I bequeath to George McQueen if in my employ at the time of my death, the sum of $500.00.
“I bequeath to the Actors’ Home $1000.00; to the actors and actresses who are inmates of said Home $500.00; to be equally divided between them.
“I bequeath to the Theatrical Woman’s League $500.00.
“I bequeath to the Actors’ Fund $500.00.
“To my old friend, William Winter, Sr. the sum of $500.00 and one of my pictures painted by myself.
“To my friend, Honorable Grover Cleveland, my best Kentucky reel.
“My fishing and sporting tackle to be divided between my five sons.
“To my friend, Earnest Gittings of Baltimore, one of my own paintings to be selected by my wife.
“J. Jefferson.”
Will of Thomas Jefferson
Thomas Jefferson, the author of the Declaration of Independence, and the third President of the United States, died on July 4, 1826, the same day that his predecessor in office, John Adams, passed away.
His will is dated the 16th day of March, 1826, and on the following day a codicil of equal length was added. Both the will and the codicil will be found attractive and entertaining, and are here fully transcribed.
“I, Thomas Jefferson, of Monticello, in Albemarle, being of sound mind and in my ordinary state of health, make my last will and testament in manner and form as follows:
“I give to my grandson Francis Eppes, son of my dear deceased daughter Mary Eppes, in fee simple, all that part of my lands at Poplar Forest lying west of the following lines, to wit: beginning at Radford’s upper corner near the double branches of Bear Creek and the public road, and running thence in a straight line to the fork of my private road, near the barn; thence along that private road (as it was changed in 1817), to its crossing of the main branch of North Tomahawk Creek; and from that crossing, in a direct line over the main ridge which divides the North and South Tomahawk, to the South Tomahawk, at the confluence of two branches where the old road to the Waterlick crossed it, and from that confluence up the northermost branch, (which separate M’Daniels’ and Perry’s fields) to its source; and thence by the shortest line to my western boundary. And having, in a former correspondence with my deceased son-in-law, John W. Eppes, contemplated laying off for him, with remainder to my grandson Francis, a certain portion in the southern part of my lands in Bedford and Campbell, which I afterwards found to be generally more indifferent than I had supposed, and therefore determined to change its location for the better; now to remove all doubt, if any could arise on a purpose merely voluntary and unexecuted, I hereby declare that what I have herein given to my said grandson, Francis, is instead of, and not additional to, what I had formerly contemplated. I subject all my other property to the payment of my debts in the first place. Considering the insolvent state of the affairs of my friend and son-in-law, Thomas Mann Randolph, and that what will remain of my property will be the only resource against the want in which his family would otherwise be left, it must be his wish, as it is my duty, to guard that resource against all liability for his debts, engagements or purposes whatsoever, and to preclude the rights, powers, and authorities over it, which might result to him by operation of law, and which might, independently of his will, bring it within the power of his creditors, I do hereby devise and bequeath all the residue of my property, real and personal, in possession or in action, whether held in my own right, or in that of my dear deceased wife, according to the powers vested in me by deed of settlement for that purpose, to my grandson, Thomas J. Randolph, and my friends Nicholas P. Trist and Alexander Garrett, and their heirs, during the life of my said son-in-law, Thomas M. Randolph, to be held and administered by them, in trust, for the sole and separate use and behoof of my dear daughter, Martha Randolph, and her heirs; and aware of the nice and difficult distinction of the law in these cases, I will further explain by saying, that I understand and intend the effect of these limitations to be, that the legal estate and actual occupation shall be vested in my said trustees, and held by them in base fee, determinable on the death of my said son-in-law, and the remainder during the same time be vested in my said daughter and her heirs and of course disposable by her last will, and that at the death of my said son-in-law the particular estate of the trustees shall be determined, and the remainder in legal estate, possession, and use, become vested in my said daughter and her heirs, in absolute property forever. In consequence of the variety and indescribableness of the articles of property within the house at Monticello, and the difficulty of inventorying and appraising them separately and specifically, and its inutility, I dispense with having them inventoried and appraised; and it is my will that my executors be not held to give any security for the administration of my estate. I appoint my grandson Thomas Jefferson Randolph, my sole executor during his life, and after his death, I constitute executors my friends Nicholas P. Trist and Alexander Garrett, joining to them my daughter Martha Randolph, after the death of my said son-in-law Thomas M. Randolph. Lastly, I revoke all former wills by me heretofore made; and in witness that this is my will, I have written the whole with my own hand on two pages, and have subscribed my name to each of them this sixteenth day of March, one thousand eight hundred and twenty-six.
“Thomas Jefferson.”
“I, Thomas Jefferson, of Monticello, in Albemarle, make and add the following codicil to my will, controlling the same so far as its provisions go:
“I recommend to my daughter Martha Randolph, the maintenance and care of my well beloved sister Anne Scott, and trust confidently that from affection to her, as well as for my sake, she will never let her want a comfort. I have made no specific provision for the comfortable maintenance of my son-in-law Thomas M. Randolph, because of the difficulty and uncertainty of devising terms which shall vest any beneficial interest in him, which the law will not transfer to the benefit of his creditors, to the destitution of my daughter and her family, and disablement of her to supply him: whereas, property placed under the exclusive control of my daughter and her independent will, as if she were a feme sole, considering the relation in which she stands both to him and his children, will be a certain resource against want for all.
“I give to my friend James Madison, of Montpelier, my gold-mounted walking staff of animal horn, as a token of the cordial and affectionate friendship which for nearly now an half century, has united us in the same principles and pursuits of what we have deemed for the greatest good of our country.
“I give to the University of Virginia my library, except such particular books only, and of the same edition, as it may already possess, when this legacy shall take effect: the rest of my said library, remaining after those given to the University shall have been taken out, I give to my two grandsons-in-law Nicholas P. Trist and Joseph Coolidge. To my grandson Thomas Jefferson Randolph, I give my silver watch in preference of the golden one, because of its superior excellence. My papers of business going of course to him, as my executor, all others of a literary or other character I give to him as of his own property.
“I give a gold watch to each of my grandchildren, who shall not have already received one from me, to be purchased and delivered by my executors to my grandsons, at the age of twenty-one, and granddaughters at that of sixteen.
“I give to my good, affectionate, and faithful servant Burwell, his freedom, and the sum of three hundred dollars, to buy necessaries to commence his trade of glazier, or to use otherwise, as he pleases.
“I give also to my good servants John Hemings and Joe Fosset, their freedom at the end of one year after my death; and to each of them respectively, all the tools of their respective shops or callings; and it is my will that a comfortable log-house be built for each of the three servants so emancipated, on some part of my lands convenient to them with respect to the residence of their wives, and to Charlottesville and the University, where they will be mostly employed, and reasonably convenient also to the interests of the proprietor of the lands, of which houses I give the use of one, with a curtilage of an acre to each, during his life or personal occupation thereof.
“I give also to John Hemings the service of his two apprentices Madison and Eston Hemings, until their respective ages of twenty-one years, at which period respectively, I give them their freedom; and I humbly and earnestly request of the legislature of Virginia a confirmation of the bequest of freedom to these servants, with permission to remain in this State, where their families and connections are, as an additional instance of the favor, of which I have received so many other manifestations in the course of my life, and for which I now give them my last solemn, and dutiful thanks.
“In testimony that this is a codicil to my will of yesterday’s date, and that it is to modify so far the provisions of that will, I have written it all with my own hand in two pages, to each of which I subscribe my name, this seventeenth day of March, one thousand eight hundred and twenty-six.
Will of Robert E. Lee
General Robert E. Lee died October 12, 1870. The following is a literal copy of his will, together with a schedule of his property:
“I, Robert E. Lee of the U. S. Army, do make ordain & declare this instrument to be my last will & testament revoking all others.
“1. All my debts, whatever they may be, & of which there are but few, are to be punctually, & speedily paid.
“2. To my dearly beloved wife Mary Custis Lee I give & bequeath the use profit & benefit of my whole Estate real & personal, for the term of her natural life, in full confidence that she will use it to the best advantage in the education & care of my children.
“3. Upon the decease of my wife it is my will & desire that my Estate be divided among my children, in such proportions to each, as their situations & necessities in life may require; and as may be designated by her; & I particularly request that my second daughter Anne Carter, who from an accident she has recd. in one of her eyes, may be more in want of aid than the rest, may if necessary be particularly provided for.
“Lastly I constitute & appoint my dearly beloved wife Mary Custis Lee & my eldest son George Washington Custis Lee (when he shall have arrived at the age of twenty one years) executrix & executor of this my last will & testament, in the construction of which I hope & trust no dispute will arise.
“In witness of which I have set my hand & seal this thirty first day of August in the year one thousand eight hundred & forty six.
“R. E. Lee.”
“SCHEDULE OF PROPERTY
| “100 Shares of the Stock of the Bank of Virginia Richmond | $10,000.00 |
| 39 Shares of the Stock of the Valley of Virginia Winchester | 3,900.00 |
| $6,100. of Jas. R. & Kanawha Compy Bonds | 6,100.00 |
| $2,000. Virginia 6 per ct State Bonds | 2,000.00 |
| $2,000. Phil: Wil: & Baltimore R. R. 6 per ct loan | 2,000.00 |
| $2,000. Bonds of Kentucky 6 pr cts | 2,000.00 |
| 6 per cts Bonds of the State of Ohio | 5,000.00 |
| Bond of John Lloyd & wife | 3,000.00 |
| Bonds of Workner & Rice & of Louis Engel, St. Louis, Mo: | 4,500.00 |
| 1 Share of Nat: theatre, Washington City | 250.00 |
| $38,750.00 |
Nancy & her children at the White House New Kent all of whom I wish liberated, so soon as it can be done to their advantage & that of others. An undivided third part of the tract of land in Floyd Va. devised to me by my mother, of which I am negotiating a sale with M. N. Burwell for $2,500. My share of property in Hardy Va belonging to the estate of my father. My share of a claim of the property leased to the Government by my father at Harpers Ferry & believed to belong to his estate. My share or ⅓ of 200 acres of land in Fairfax Co: Va:
“R. E. Lee.”
Will of James Lick
James Lick was born at Fredericksburg, Lebanon County, Pennsylvania, on August 25, 1796. He began life as an organ and piano maker, first at Hanover, Pennsylvania, and afterwards at Baltimore, Maryland. In 1820, he started business on his own account in Philadelphia, and shortly afterward emigrated to Buenos Ayres, where for ten years he successfully prosecuted his trade; subsequently, he moved to Valparaiso and later to California, where he arrived with a moderate fortune in 1847. He spent his remaining days in California, dying there October 1, 1876, leaving an estate valued at about $4,000,000. He is said to have been of an unlovable, eccentric, solitary and avaricious character. Had it not been for his last will and testament, he would have died “unwept, unhonored, and unsung.” This one act of his life was a contradiction of the whole. By a trust deed, which was to be fully effective at his death, after bequeathing a number of small legacies to friends and relatives, and reserving for his own use $25,000 per year during his life, he provided for the expenditure of $700,000 for the construction and equipment of an astronomical observatory for the University of California; $25,000 was bequeathed to the San Francisco Protestant Asylum; $10,000 to the California Society for the Prevention of Cruelty to Animals: he also set aside an amount equal to $20,000 for monuments to be erected to the memory of his father, mother, grandfather and sister; $100,000 for the founding of the Old Ladies’ Home of San Francisco; $150,000 for the erection and maintenance of free public baths in San Francisco; $60,000 for the erection of a bronze monument in Golden Gate Park, San Francisco, “to the memory of Francis Scott Key, author of the song, ‘The Star-Spangled Banner;’” $100,000 for a group of bronze statuary representing in three periods the history of California; $540,000 for the founding and erection of a California School of Mechanical Arts: the residue of his estate, he directed should be equally divided between the California Academy of Sciences and the Society of California Pioneers.