Chapter VI: Wills of Famous Foreigners (3)

“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.

WILLIAM PENN.

(Five Witnesses)

“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.

“WM. PENN.

(Seven Witnesses)

“Postcript in my own hand

“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.

WM. PENN.”

COMMENTS ON THE WILL

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.”

WILL OF SAMUEL PEPYS

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.

WILL OF CECIL JOHN RHODES

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.

“C. J. RHODES.”

(Subscribed by three witnesses.)

CODICIL

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.

WILL OF CARDINAL RICHELIEU

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.

Our readers will no doubt peruse with curiosity the last wishes of this pompous and magnificent minister, who contrived to rehabilitate himself after an early disgrace, to maintain his proud supremacy to the last, and to die bequeathing gifts to his sovereign and master.

Of his luxury and extravagance, his nepotism so costly to the country, his assumption of power, and the art with which he knew how to make himself obeyed and feared by all classes and conditions of men, history amply informs us in details scarcely credible at the present day; and that it was he who by his despotism and tyranny laid the foundations of that terrible revolution, which blasted the face of the country and cast its fatal blight, more or less fatally, over the whole civilized world, none are likely to forget.

If we wanted an instance of pomp, unexampled even in the history of the Roman Empire, of uncompromising consideration as claimed by and accorded to this _parvenu_ prince, whose personal expenses are estimated at more than a thousand crowns a day--considerably more than the monarch he served had at his private disposal--we may find it in the narrative of his (happily) last journey from Tarascon to Paris. It is to be regretted the famous Tarasque had not broken loose that day and devoured him before he started on his egotistical expedition.

Pronouncing himself unable to bear the fatigue of saddle, carriage, or litter, he ordered a room to be built of light boards covered with crimson satin damask, which was to be furnished with a bed, two chairs, and a table for his secretary; this movable house was hoisted on the shoulders of eighteen of the cardinal’s guards, to be relieved at stated distances; they were to walk on bareheaded, no matter what weather, and it was during the month of August, or about the hottest season in France.

When this singular _cortège_--for the cardinal was followed by carriages containing his numerous suite--arrived at the towns he had to pass through, they found the walls and gates already demolished and cleared away by the direction of a vanguard of attendants sent on before to see that room was made for his Eminence to pass without delay or interruption.

When he reached Paris, chains were stretched along both sides of the streets to keep back the people who crowded them to contemplate in wonder and silent awe the despot, who a few days before, had hurried to the scaffold the youthful Cinq-Mars and his virtuous friend De Thou.

This sight made a profound and lasting impression on the youthful Bossuet, who, being on that day fifteen years of age, arrived in Paris for the first time.

It would be superfluous to cite this will in its entirety; we therefore only transcribe such passages as we feel will be of general interest, and these we give verbatim.

It is dated Narbonne, 23d of May, 1642, and bears the signature of Pierre Falconis, notaire royal. It is contained in twelve quarto pages of very close printing.

After two paragraphs of pious preamble and directions for his funeral, it proceeds to appoint to his _niessce_, Madame la Duchesse d’Eguillon (_sic_), all the cash in gold and silver he might possess at his decease, except a sum of 1,500,000 livres to be placed in the hands of his Majesty immediately on his death for a purpose he will explain farther on. It then goes on to declare that by contract he had given to the Crown “ ... Mon grand hostel que j’ai basti sous le nom de Palais Cardinal, ma chapelle d’or enrichie de diamans, mon buffet d’argent ciselé, et un grand diamant que j’ai acheté a Lopez, toutes lesquelles choses le roi a eu agréable par sa bonté d’accepter à ma trez humble et très instante supplication....

“Je supplie S. M. d’avoir agréables huit tentures de tapisserie et trois lits que je prie Madame la Duchesse d’Eguillon, ma niessce, et M. de Noyers de choisir entre mes meubles, pour servir à une partie de l’ameublement des principaux appartemens du dit Palais Cardinal.

“Comme aussi je la supplie d’agréer la donation que je lui fais en outre de l’hostel qui est devant le Palais Cardinal, lequel j’ai acquis de feu M. le Commandeur de Sillery, pour au lieu d’icelui faire une place au devant du dit palais.

“Je supplie aussi très humblement S. M. de trouver bon que l’on lui mette entre les mains la somme de 1,500,000 livres dont j’ay fait mention cy-dessus, de laquelle somme je puis dire avec vérité de m’estre servi très utilement aux plus grandes affaires de son estat, en sort que si je n’eusse eu cet argent à ma disposition quelques affaires qui ont bien succédé eussent apparemment mal réussi, ce qui me donne sujet d’oser supplier S. M. de destiner ceste somme que je lui laisse, pour employer en diverses occasions, qui ne peuvent souffrir la longueur des formes de finance.”

He then orders all his property, whether _in esse_ or _in posse_, to be distributed as follows. The list supplies some idea of the shameless extent to which this man, who began life without any kind of fortune, enriched himself at the expense of the State.

“Je donne et légue à Armand de Maillé, mon nepveu et fileul, fils d’Arban de Maillé, Marquis de Brézé, Mareschal de France, et de Nicole du Plessis, ma seconde sœur, et en ce je l’institue mon héritier pour les droicts qu’il pourrait prendre en toutes les terres et autres qui se trouveront en ma succession ainsi que s’ensuit.”

These _biens_ consisted of (for the share of this nephew alone) the _duché et pairie_ of Fronsac et Caumont; of the lands and Marquisate of Graville; of the county of Beaufort en Vallée; of the lands and barony of Fresne; of 300,000 livres deposited at the Château de Saumur; and of the _ferme des poids de Normandie_, the returns from which amount to 50,000 livres annually.

Next comes the before-named niece who, over and above the _biens_ settled on her at her marriage, was to have “ ... la maison où elle loge à present, nommé le Petit Luxembourg, joignant le palais de la reine, mère du roi; ma maison et ma terre de Ruel; le domaine de Pontoise; la rente que j’ay à prendre sur les cinq grosses fermes de France qui monte à 60,000 livres par an.

“Item: A ma dite niessce, tous les cristaux, tableaux, et autres pièces qui sont dans le cabinet principal de la dite maison le Petit Luxembourg, sans y comprendre l’argenterie du buffet dont j’ay dejà disposé.

“Item: Je lui donne aussi toutes mes bagues et pierreries à l’exception seulement de ce que j’ay laissé à la Couronne, ensemble un buffet d’argent vermeil doré neuf, pesant 535 marcs 4 gros, contenu en deux coffres faits exprez.”

The next legatee is his nephew, François de Vignerot, to whom he leaves first the sum of 200,000 livres on condition that he shall lay it out in the purchase of an estate, to enjoy it during his lifetime, and after his decease to go to Armand, his eldest son, or to whichever of his sons succeeds to the title of Duc de Richelieu. He leaves him further his _duché-pairie_ de Richelieu with the appurtenances, dependencies, and lands thereto belonging.

Item: The lands and barony of Barbézieux;

Item: The lands and principality of Mortagne;

Item: The county of Cosnac, the baronies of Coze, Laugeon and d’Alvas, the domain of Hiers en Brouage, the hostel of Richelieu planned and ordered to be built adjoining the Palais Cardinal.

Item: The tapestries representing the history of Lucretia, bought of M. le Duc de Chevreuse, with all the figures, statues, busts, pictures, crystals, cabinets, tables, and other furniture at present in the _conciergerie_ of the Palais Cardinal, in order worthily to furnish and adorn the said Hostel de Richelieu, when it shall be completed; and besides these all other movables or immovables, claims upon the king or his domains, and generally all property not as yet disposed of by this will; but all and only on the condition that he shall assume the sole name of Du Plessis Richelieu, and that neither he nor his descendants shall ever be known by any other, or quarter any other arms, under the following penalties....

To this nephew, the cardinal also leaves his library, but with the proviso that it is to be at the service of all members of the family, and also of the public; and he desires, therefore, that on his decease, a full and complete catalogue be made under the directions of his executors, who are to call to their assistance two Doctors of the Sorbonne, who shall be present during the making of the said inventory; which, being made in duplicate, one copy was to be deposited in his own library, signed by his executors and by the said Doctors of the Sorbonne; and the other copy, similarly signed, in the Sorbonne itself.

There are further conditions attached to the ownership of the library, viz., that a librarian shall be appointed at a salary of one thousand livres per annum; three candidates having first been chosen by the Sorbonne and nominated by his successors. He desires further that a person shall be kept to sweep out the library every day, and to beat, dust, and wipe the books at stated and frequent intervals, at a yearly wage of four hundred livres. He also stipulates that one thousand livres shall be put by every year for the purchase of additional books.

He explains that his “niessce la Duchesse d’Enghien” having displeased him by her marriage, he leaves her nothing, “moyennant ce que je lui ai donné en dot, dont je veux et ordonne qu’elle se contente.”

After several clauses relating to the edifice of the Sorbonne, to his burial, to several constructions to be added to the Hostel de Richelieu, and to a legacy of sixty thousand livres to the “vingt pères de la mission établie à Richelieu,” he adds a very characteristic clause as follows:

“Et d’autant plus qu’il a plu à Dieu benir mes travaux et les faire considérer par le roy mon bon maistre, en les reconnoissant par sa munificence royale, audessus de ce que je pouvoir espérer, j’ay estimé, en faisant ma disposition présente, devoir obliger mes héritiers à conserver l’établissement que j’ay fait en ma famille, en sorte qu’elle se puisse maintenir longuement en la dignité et splendeur qu’il a plu au roi lui donner, afin que la posterité connoisse que si je l’ay servi fidellement, il a sçu par une vertu toute royale m’aymer et me combler de ses bienfaits.” And here follow certain conditions which need not be detailed.

In the next clause the pride of family crops up again: “Je defends à mes héritiers de prendre alliance en des maisons qui ne soient pas vrayement nobles, les laissant assez à leurs aise pour avoir plus d’égards à la naissance et à la vertu qu’aux commodités et aux biens.”

The clause relating to servants and their bequests is worth quoting, as testimony to the magnificence of his Eminence’s retinue:

“Pour marque de la satisfaction que j’ay des services qui m’ont esté rendus par mes domestiques et serviteurs je donne au Sieur Didier, mon aumosnier, 1500 liv.; au Sieur de Bar, 10,000 liv.; au Sieur de Manse, 6000 liv.; au Sieur de Belesbat, parceque je ne lui ay encore rien donné, 10,000 liv.; à Beaugensi, 3000 liv.; à Estoublon, 3000 liv.; au Sieur de Marsal, 3000 liv.; au Sieur de Palvoisin, parceque je ne lui ay jusques icy rien donné, 12,000 liv.; à Grenillé, 2000 liv.; à Blouin, 6000 liv.; au Sieur Cytois, 6000 liv.; au Sieur Renaudot, 2000 liv.; à Bertereau, 6000 liv.; à Des Bornais, mon valet de chambre, 6000 liv., et je desire qu’il demeure concierge, soutz mon petit neveu, du Pont de Courlay, dans le Palais Cardinal; au Cousin, 6000 liv.; à l’Espolette et à Prévost, chacun 3000 liv.; à Picot, 6000 liv.; à Robert, 3000 liv.; au Sieur de Graves et de Saint-Leger, mes escuyers, chacun 3000 liv.; et en outre, mes deux carosses avec leurs deux attelages de chevaux, ma litière et les trois mulets qui y servent, pour estre également partagés entre mes dits deux escuyers; à Chamarante et Du Plessis, chacun 3000 liv.; à Vilandry, 1500 liv.; à De Roques, dixhuit chevaux d’escole, après que les douze meilleurs de mon escurie auront esté choisies par mes parents; au Sieur de Fortes Cuieres, 6000 liv.; à Grandpré, capitaine de Richelieu, 3000 liv.; à la Jeunesse, concierge de Richelieu, 5000 liv.; au petit Mulat, qui escrit soutz le Sieur Charpentier, mon secrétaire, 1500 liv.; à la Garde, 3000 liv.; à mon premier cuisinier, 2000 liv.; à mon credencier, 2000 liv.; à mon premier cocher, 1500 liv.; à mon premier muletier, 1200 liv.; à chacun de mes valets de pied, 600 liv.; et généralement à tous les autres officiers de ma maison scavoir: de la cuisine sommeliers et escuyers, chacun six années de leurs gages outre ce qui leur sera deu jusques au jour de mon decez.

“Je ne donne rien au Sieur Charpentier, mon secrétaire, parceque j’ay eu soin de lui faire du bien pendant ma vie; mais je veux rendre ce temoignage de luy, que durant le longtemps qu’il m’a servy, je n’ay poinct connu de plus homme de bien, ny de plus loyal et plus sincère serviteur.

“Je ne donne rien aussi au Sieur Cherré, mon autre secrétaire, parceque je le laisse assez accommodé, estant néanmoins satisfait des services qu’il m’a rendus.

“Je donne au baron de Broye, héritier du feu Sieur Barbin, que j’ay sceu estre en nécessité, la somme de 30,000 livres.”

The remainder of the will consists of various, and we may add very numerous, formalities, signatures of witnesses, etc.

It is a curious fact that, on the death of the last surviving descendant of the Du Plessis family, 17th of May, 1822--a man, be it observed, of singular probity and true grandeur of character--the colossal fortune amassed by the cardinal had dwindled down to such small proportions that all that remained of it was swallowed up in paying off the debts of his profligate father, and of his grandfather, the notorious Duc de Richelieu who figures so largely in the “Chronique Scandaleuse” of his day.

WILL OF JEAN JACQUES ROUSSEAU

Although Rousseau’s will was made in 1737, it remained unknown to the world until 1820. It never was executed, nor ever became an effectual or a legal document; but it is, nevertheless, curious as testifying to the state of mind of the writer and the fervent sentiments of piety he entertained at the age of twenty-five.

The original, which is well authenticated, was found in the garret of an old house at Chambéry. It was among the forgotten minutes of a former notary of that town, named Rivoire, and occupied pages 104, 105, and 106 of the minute. It is dated June 7, 1737--a day on which, as stated in the will, Rousseau met with an accident which obliged him to keep his bed, and having a bandage on his forehead covering his eyes, was thus prevented signing his will; though, says the notary, “sain de ses sens ainsi qu’il a paru par la suite et solidité de ses raisonnements.” It seems to have been a case of “The devil was sick,” etc., and the will appears to be such as Rousseau was not likely to have written at any other moment.

The deed was received at the house of M. Le Comte de St. Laurent, Contrôleur-général des finances de S. M. le Roi de Sardaigne, inhabited at the time by Madame Warens, who afterwards occupied so large a place in the life of Rousseau.

The testator, after making the sign of the Cross, recommending his soul to God, and begging the intercession of the holy Virgin and of SS. John and James, his patrons, professes his intention of living and dying in the faith of the Catholic apostolic and Roman Church. He leaves his obsequies to the discretion of his heiress, and charges her to see that prayers are offered for the repose of his soul.

After these preliminaries he bequeaths 16 livres to each of the Convents of the Capuchins, the Augustinians, and the Clares of Chambéry, that they may celebrate masses for the repose of his soul.

He bequeaths his patrimony to his father, praying him to be content therewith as gratitude renders it his duty to dispose of his other possessions in favor of his benefactors.

He leaves 100 livres to the Sieur Jacques Barillot of Geneva; he appoints as his heir Madame Françoise-Louise de la Tour Comtesse de Warens, to whom he declares it his wish to pay over and above this, the sum of 2000 livres to cover the expenses of his board during ten years. Finally he recognizes a debt of 700 livres in favor of the Sieur Charbonnel, a tradesman of Chambéry, for goods delivered and money lent.

The will is signed by Claude Morel (procureur au sénat), Antoine Bonne des Echelles, Jacques Gros de Vanzy, Antoine Bouvard, Pierre Catagnole and Pierre Cordonnier. The seventh witness, Antoine Forraz de Bissy, is declared “illitéré.” This act was registered 22d of July, 1737, in fol. 662 of the second book of the year 1737.

According to all appearance this will was not engrossed, and Rousseau, whose life was so checkered, and who so often changed his domicile, probably forgot all about it, and about the accident which occasioned it, when he drew up his Confessions.

The _Journal de Savoie_, under date 7th of April, 1820, supplies some curious particulars as to the minutes of the above-named notary, Rivoire, among which were found a power of attorney to Jacques Barillot by Rousseau, to withdraw at Geneva the rights of his mother Suzanne Bernard. This document is dated 12th of July, 1737, and registered on the 15th of the same month.

Rousseau, born at Geneva, 28th of June, 1712, died at Ermenonville, 2d of July, 1778.

WILL OF LORD ST. LEONARDS

The necessity that there should be some better fashion for the safe keeping of wills, during the lifetime of testators, than at present exists, is, perhaps, more vividly portrayed in the case of the late Lord St. Leonards than in any other on record. In this case we have the loss of the will, not only, of one of the astutest of lawyers, the most orthodox of conveyancers, but of a man who had made it his chief pleasure and study during the last four years of his life to provide for the disposition of his worldly wealth, when his Creator should summon away his spirit from earth, and return his mortal frame to the dust from which He had made it. Moreover, the testator is no less a person than the very ingenious conveyancer, Lord Chancellor of England, and author himself of that famous “Handy-book,” in which men are exhorted in the most convincing manner to make due and thorough disposition of their earthly possessions. Here, during the years he had been engaged in making his will, the greatest care was evinced for the preservation of the precious document, as it was not only kept locked up in a box, but during his Lordship’s illness the Honorable Miss Charlotte Sugden, his daughter, took charge of the box and retained it in her custody until her father should be able to leave his room, when it was replaced by her in its ordinary position, and where it remained until his last illness, when she again took charge of it, and in whose custody it continued until his Lordship’s death in January, 1875. After the solemn ceremony of the funeral this well-cared-for box was opened, but, alas! the will was not there. How this strange circumstance occurred no one has been able to furnish any information; but the loss gave rise to litigation of the most serious character in the Court of Probate. The triumph gained in that court by Miss Sugden in establishing a will, carrying out the wishes of her father, on the simple basis of her recollection of the contents of the lost document, is as wondrous an achievement as any one well could imagine, and testifies to the grave respect with which her evidence must have been regarded by the searching judgment and scrutinizing eye of the learned judge.

Notwithstanding all this, the loss of the will has not escaped the attendance of great and grievous evils, unnecessary to be related.

The judge having in a most eloquent manner reviewed the case, as elucidated by the pleadings of the very learned counsel engaged on the trial, most admirably concluded his summing-up with the following remarks:

“Now let me call attention to a passage in one of Lord St. Leonards’ own works which has a bearing upon this subject, and it shows how the wisest of men may be mistaken, as I think, in the advice which they give to others. And I may say this case illustrates the false security in which Lord St. Leonards lived, and in which I dare say we all of us live. With the other members of his family, he lived in the belief that his Will was secure from the hands and eyes of either the curious or the dishonest. It was thought that the only means of access to it was by the only key which Lord St. Leonards carried about him; and that there was no means of access to the duplicate key, which would open the Will-box, and yet it turned out that there were no less than four keys in the house by which anybody might have opened the escritoire in which the duplicate key was kept, and so have obtained possession of it. Believing as I do that this Will has been lost, and not destroyed by the testator, and that the loss has arisen from its insecure custody, though that custody seemed to all concerned to be perfectly safe, it is well that it should be known and I particularly desire that it should be known to the public, that the law has provided a means of obtaining as nearly a certainty as can be obtained in human affairs that a Will will be forthcoming at the death of the testator....

“The result is that I find as a fact, that the Will of 1870 was duly executed and attested; that the several codicils also were duly executed and attested; that the Will was not revoked by the testator; and I further find that the contents of the Will were, with the exception I have mentioned, as set out in the declaration.”

WILL OF WILLIAM SHAKESPERE

“Vicesimo quinto die Martii, Anno Regni Domini nostri Jacobi nunc Regis Angliæ, &c., decimo quarto, et Scotiæ quadragesimo nono. Anno Domini 1616.

“In the name of God, Amen. I, William Shakespere, of Stratford-upon-Avon, in the county of Warwick, gent., in perfect health and memory, (God be praised!) do make and ordain this my last Will and testament in manner and form following; that is to say:

“First, I commend my soul into the hands of God my creator, hoping, and assuredly believing through the only merits of Jesus Christ my Saviour, to be made partaker of life everlasting; and my body to the earth whereof it is made.

“Item: I give and bequeath unto my daughter Judith one hundred and fifty pounds of lawful English money, to be paid unto her in manner and form following; that is to say, one hundred pounds in discharge of her marriage portion within one year after my decease, with consideration after the rate of two shillings in the pound for so long time as the same shall be unpaid unto her after my decease; and the fifty pounds residue thereof, upon her surrendering of, or giving of such sufficient security as the overseers of this my Will shall like of, to surrender or grant, all her estate and right that shall descend or come unto her after my decease, or that she now hath, of, in, or to, one copyhold tenement, with the appurtenances, lying and being in Stratford-upon-Avon aforesaid, in the said county of Warwick, being parcel or holden of the manor of Rowington, unto my daughter Susanna Hall, and her heirs for ever.

“Item: I give and bequeath unto my said daughter Judith one hundred and fifty pounds more, if she, or any issue of her body, be living at the end of three years next ensuing the day of the date of this my Will, during which time my executors to pay her consideration from my decease according to the rate aforesaid: and if she die within the said term without issue of her body, then my Will is, and I do give and bequeath one hundred pounds thereof to my niece Elizabeth Hall, and the fifty pounds to be set forth by my executors during the life of my sister Joan Hart, and the use and profit thereof coming, shall be paid to my said sister Joan, and after her decease the said fifty pounds shall remain amongst the children of my said sister, equally to be divided amongst them; but if my said daughter Judith be living at the end of the said three years, or any issue of her body, then my Will is, and so I devise and bequeath, the said hundred and fifty pounds to be set out by my executors and overseers for the best benefit of her and her issue, and the stock not to be paid unto her so long as she shall be married and covert baron; but my Will is, that she shall have the consideration yearly paid unto her during her life, and after her decease the said stock and consideration to be paid to her children, if she have any, and if not, to her executors or assigns, she living the said term after my decease: provided that if such husband as she shall at the end of the said three years be married unto, or at any (time) after, do sufficiently assure unto her, and the issue of her body, lands answerable to the portion by this my will given unto her, and to be adjudged so by my executors and overseers, then my Will is, that the said hundred and fifty pounds shall be paid to such husband as shall make such assurance, to his own use.

“Item: I give and bequeath unto my said sister Joan twenty pounds, and all my wearing apparel, to be paid and delivered within one year after my decease; and I do Will and devise unto her the house, with the appurtenances, in Stratford, wherein she dwelleth, for her natural life, under the yearly rent of twelve-pence.

“Item: I give and bequeath unto her three sons, William Hart, ---- Hart, and Michael Hart, five pounds a-piece, to be paid within one year after my decease.

“Item: I give and bequeath unto the said Elizabeth Hall all my plate (except my broad silver and gilt bowl) that I now have at the date of this my Will.

“Item: I give and bequeath unto the poor of Stratford aforesaid ten pounds; to Mr. Thomas Combe my sword; to Thomas Russel, esq., five pounds; and to Francis Collins of the borough of Warwick, in the county of Warwick, gent., thirteen pounds six shillings and eight-pence, to be paid within one year after my decease.

“Item: I give and bequeath to Hamlet (Hamnet) Sadler twenty-six shillings eight-pence, to buy him a ring; to William Reynolds, gent., twenty-six shillings eight-pence, to buy him a ring; to my godson William Walker, twenty shillings in gold; to Anthony Nash, gent., twenty-six shillings eight-pence; and to Mr. John Nash, twenty-six shillings eight-pence; and to my fellows, John Hemynge, Richard Burbage, and Henry Cundell, twenty-six shillings eight-pence a-piece, to buy them rings.

“Item: I give, Will, bequeath, and devise, unto my daughter Susanna Hall, for better enabling of her to perform this my Will, and towards the performance thereof, all that capital messuage or tenement, with the appurtenances, in Stratford aforesaid, called the New Place, wherein I now dwell, and two messuages or tenements, with the appurtenances, situate, lying, and being in Henley Street, within the borough of Stratford aforesaid; and all my barns, stables, orchards, gardens, lands, tenements and hereditaments whatsoever, situate, lying, and being, or to be had, received perceived, or taken, within the towns, hamlets, villages, fields, and grounds of Stratford-upon-Avon, Old Stratford, Bishopton, and Welcombe, or in any of them, in the said county of Warwick; and also all that messuage or tenement, with the appurtenances, wherein one John Robinson dwelleth, situate, lying, and being, in the Blackfriars in London, near the Wardrobe; and all other my lands, tenements, and hereditaments whatsoever; to have and to hold all and singular the said premises, with their appurtenances, unto the said Susanna Hall, for and during the term of her natural life; and after her decease to the first son of her body lawfully issuing, and to the heirs males of the body of the said first son lawfully issuing; and for default of such issue, to the second son of her body lawfully issuing, and to the heirs males of the body of the said second son lawfully issuing; and for default of such heirs, to the third son of the body of the said Susanna lawfully issuing, and to the heirs males of the body of the said third son lawfully issuing; and for default of such issue, the same to be and remain to the fourth, fifth, sixth, and seventh sons of her body, lawfully issuing one after another, and to the heirs males of the bodies of the said fourth, fifth, sixth, and seventh sons lawfully issuing, in such manner as it is before limited to be and remain to the first, second, and third sons of her body, and to their heirs males: and for default of such issue, the said premises to be and remain to my said niece Hall, and the heirs males of her body lawfully issuing; and for default of such issue, to my daughter Judith, and the heirs males of her body lawfully issuing; and for default of such issue, to the right heirs of me the said William Shakespere for ever.

“Item: I give unto my wife my second best bed, with the furniture.

“Item: I give and bequeath to my said daughter Judith my broad silver gilt bowl. All the rest of my goods, chattels, leases, plate, jewels, and household-stuff whatsoever, after my debts and legacies paid, and my funeral expenses discharged, I give, devise and bequeath to my son-in-law, John Hall, gent., and my daughter Susanna his wife, whom I ordain and make executors of this my last Will and testament. And I do entreat and appoint the said Thomas Russel, esq., and Francis Collins, gent., to be overseers hereof. And do revoke all former Wills, and publish this to be my last Will and testament. In witness whereof I have hereunto put my hand, the day and year first above written.

“By me,

“William Shakespere.

“Witness to the publishing hereof,

Fra. Collyns, Julius Shaw, John Robinson, Hamnet Sadler, Robert Whattcoat.”

WILL OF M. SILHOUETTE

M. Silhouette died in 1767 in Paris. His will is as dry as the political and financial details of a period of history insipid in itself could make it; but the history of the man who wrote it is singular and suggestive, and shows how greatly the success of a public functionary depends on the circumstances in which he is placed, and far less than we are apt to suppose on his genius or skill.

Etienne Silhouette, Contrôleur-général and Minister of State, only held office during nine months, but at a time when the Treasury was already in an exhausted state in consequence of ruinous wars and the lavish expenditure of his predecessors. He had no choice but to replenish the coffers of the State by the imposition of new taxes, as economy alone would not have sufficed, though it might have aided to fill the alarming void. So far, however, from commending this needful, if not indispensable measure, his policy was turned into ridicule; and the people whom he did his best to serve and to save, heaped upon him every kind of obloquy. Among other insults they changed the name of a street issuing from the Place des Victoires, which had been styled after him La Rue Silhouette, into La Rue Vide Gousset, which it retains to this day; and as among other articles, he had imposed a tax upon likenesses taken in black paper, cut out, and pasted on a white card, which were then extremely popular, not only these portraits, but thence all black outlines received the name of _silhouettes_, which has adhered to them ever since.

WILL OF DEAN SWIFT

Dean Swift died October 19, 1745. The “Last Will of Jonathan Swift, D.D., taken out of the Prerogative Court of Dublin” in book form, neatly rebound and covering twenty-seven pages of written matter can yet be found in the bookstores of London. The instrument is dated the third day of May, 1740, and the document itself was printed a few years later. In turning its pages, a feeling of awe and reverence is experienced by the reader as he reviews the last words of the noted Irish clergyman, satirist and author of “Gulliver’s Travels.” Several important items of the Will follow:

“In the Name of God, Amen. I, Jonathan Swift, Doctor in Divinity, and Dean of the Cathedral Church of St. Patrick, Dublin, being at this Present of sound Mind, although weak in Body, do here make my last Will and Testament, hereby revoking all my former Wills.

“_Imprimis_, I bequeath my Soul to God, (in humble Hopes of his Mercy through Jesus Christ) and my Body to the Earth. And I desire that my Body may be buried in the great Isle of the said Cathedral, on the South Side, under the Pillar next to the Monument of Primate Narcissus Marsh, three Days after my Decease, as privately as possible, and at Twelve o’Clock at Night: And, that a Black Marble of ---- Feet square, and seven Feet from the Ground, fixed to the Wall, may be erected, with the following Inscription in large Letters, deeply cut, and strongly gilded.”

HIC DEPOSITUM EST CORPUS
JONATHAN SWIFT, S. T. P.
HUJUS ECCLESIÆ CATHEDRALIS
DECANI,
UBI SÆVA INDIGNATIO
ULTERIUS COR LACERARE NEQUIT.
ABI, VIATOR,
ET IMITARE, SI POTERIS,
STRENUUM PRO VIRILI LIBERTATIS
VINDICEM.
OBIIT ANNO [MDCCXLV.]
MENSIS [OCTOBRIS] DIE [19.]
ÆTATIS ANNO [LXXVIII.]

“Item: I give and bequeath to my Executors all my worldly Substance, of what Nature or Kind soever (excepting such Part thereof as is herein after particularly devised) for the following Uses and Purposes, that is to say, to the Intent that they, or the Survivors or Survivor of them, his Executors, or Administrators, as soon as conveniently may be after my Death, shall turn it all into ready Money, and lay out the same in purchasing Lands of Inheritance in Fee simple, situate in any Province of Ireland, except Connaught, but as near to the City of Dublin, as conveniently can be found, and not incumbered with, or subject to any Leases for Lives renewable, or any Terms for Years longer than Thirty-one:”

He provides that a considerable sum be laid out in the purchase of lands near Dublin and a building be erected thereon “An Hospital for the Reception of as many Idiots and Lunaticks as the annual income of the said lands and worldly Substance shall be sufficient to maintain: And, I desire said Hospital may be called St. Patrick’s Hospital.”

He then goes into great detail as to the management of the Hospital.

“Item: Whereas I purchased the Inheritance of the Tythes of the Parish of Essernock near Trim in the County of Meath, for Two Hundred and Sixty Pounds Sterling, I bequeath the said Tythes to the Vicars of Laracor for the Time being, that is to say, so long as the present Episcopal Religion shall continue to be the National Established Faith and Profession in this Kingdom: But whenever any other Form of Christian Religion shall become the Established Faith in this Kingdom, I leave the said Tythes of Essernock to be bestowed, as the Profits come in, to the Poor of the said Parish of Laracor, by a weekly Proportion, and by such Officers as may then have the Power of distributing Charities to the Poor of the said Parish, while Christianity under any Shape shall be tolerated among us, still excepting professed Jews, Atheists, and Infidels.

“Item: I bequeath also to the said Martha, the Sum of Three Hundred Pounds Sterling, to be paid her by my Executors out of my ready Money, or Bank Bills, immediately after my Death, as soon as the Executors meet. I leave, moreover, to the said Martha, my repeating Gold Watch, my yellow Tortoise Shell Snuff Box, and her Choice of four Gold Rings, out of seven which I now possess.

“Item: I bequeath to Mrs. Mary Swift alias Harrison, Daughter of the said Martha, my plain Gold Watch made by Quare; to whom also I give my Japan Writing Desk, bestowed to me by Lady Worseley, my square Tortoise Shell Snuff Box, richly lined and inlaid with Gold, given to me by the Right Honourable Henrietta now Countess of Oxford, and the Seal with a Pegasus, given to me by the Countess of Granville.

“Item: I bequeath to Mr. Ffolliott Whiteway, eldest Son of the aforesaid Martha, who is bred to be an Attorney, the Sum of Sixty Pounds; as also Five Pounds to be laid out in the Purchase of such Law Books as the Honourable Mr. Justice Lyndsay, Mr. Stannard, or Mr. McAullay shall judge proper for him.

“Item: I bequeath to my dearest Friend Alexander Pope of Twittenham, Esq., my Picture in Miniature, drawn by Zinck, of Robert late Earl of Oxford.

“Item: I leave to Edward now Earl of Oxford, my Seal of Julius Cæsar, as also another Seal, supposed to be a young Hercules, both very choice Antiques, and set in Gold: Both which I chuse to bestow to the said Earl, because they belonged to her late Most Excellent Majesty Queen Anne, of ever Glorious, Immortal, and truly Pious Memory, the real nursing Mother of all her Kingdoms.

“Item: I leave to the Reverend Mr. James Stopford, Vicar of Finglass, my Picture of King Charles, the First, drawn by Vandyke, which was given to me by the said James; as also my large Picture of Birds, which was given to me by Thomas, Earl of Pembroke.

“Item: I bequeath to the Reverend Mr. Robert Grattan, Prebendary of St. Audeon’s, my Gold Bottle Screw, which he gave me, and my strong Box, on Condition of his giving the sole Use of the said Box to his Brother Dr. James Grattan, during the Life of the said Doctor, who hath more Occasion for it, and the second best Beaver Hat I shall die possessed of.

“Item: I bequeath to Mr. John Grattan, Prebendary of Clonmethan, my Silver Box in which the Freedom of the City of Cork was presented to me; in which I desire the said John to keep the Tobacco he usually cheweth, called Pigtail.

“Item: I bequeath all my Horses and Mares to the Reverend Mr. John Jackson, Vicar of Santry, together with all my Horse Furniture: Lamenting that I had not Credit enough with any chief Governor (since the Change of Times) to get some additional Church Preferment for so virtuous and worthy a Gentleman. I also leave him my third best Beaver Hat.

“Item: I bequeath to the Reverend Doctor Francis Wilson, the Works of Plato in three Folio Volumes, the Earl of Clarendon’s History in the three Folio Volumes, and my best Bible; together with thirteen small Persian Pictures in the Drawing Room, and the small Silver Tankard given to me by the Contribution of some Friends, whose Names are engraved at the Bottom of the said Tankard.

“Item: I bequeath to the Earl of Orrery the enamelled Silver Plates to distinguish Bottles of Wine by, given to me by his excellent Lady, and the Half-length Picture of the late Countess of Orkney in the Drawing Room.

“Item: I bequeath to Alexander McAullay, Esq., the Gold Box in which the Freedom of the City of Dublin was presented to me, as a Testimony of the Esteem and Love I have for him, on Account of his great Learning, fine natural Parts, unaffected Piety and Benevolence, and his truly honourable Zeal in Defence of the legal Rights of the Clergy, in Opposition to all their unprovoked Oppressors.

“Item: I bequeath to Deane Swift, Esq., my large Silver Standish, consisting of a large Silver Plate, an Ink Pot, a Sand Box and a Bell of the same Metal.

“Item: I bequeath to Mrs. Mary Barber the Medal of Queen Anne and Prince George, which she formerly gave me.

“Item: I leave to the Reverend Mr. John Worrall my best Beaver Hat.

“Item: I bequeath to the Reverend Doctor Patrick Delany my Medal of Queen Anne in Silver, and on the Reverse the Bishops of England kneeling before her Most Sacred Majesty.

“Item: I bequeath to the Reverend Mr. James King, Prebendary of Tipper, my large gilded Medal of King Charles the First, and on the Reverse a Crown of Martyrdom, with other Devices. My Will, nevertheless, is, that if any of the above named Legatees should die before me, that then, and in that Case, the respective Legacies to them bequeathed, shall revert to myself, and become again subject to my Disposal.

“In witness whereof, I have hereunto set my Hand and Seal, and published and declared this as my last Will and Testament, this Third Day of May, 1740.

“JONATHAN SWIFT.”

WILL OF J. M. W. TURNER, R.A.

The great painter, J. M. W. Turner, R.A., died in 1851. It is unnecessary to quote this lengthy and well-known document; indeed, we might speak of the unfortunate will and its numerous codicils in the plural.

It was dated June 10, 1831, and was attested by George Cobb, John Saxon, and Charles Tall. It is written in various legal hands, all except the first codicil, the whole of which is in autograph.