Chapter VI: Wills of Famous Foreigners (4)

After legacies to private friends and servants, and to various charities, and the bequests of his valuable works to the nation, under very special and stringent conditions, this eccentric, wealthy, and benevolent artist ordered that the residue of his estate should be devoted to the founding and maintaining of an “institution for the support of poor and decayed male artists, born in England and of English parents only, and lawful issue.”

“Unfortunately for the poor artists of England,” says Turner’s biographer, “the will being a most cloudy document, full of confusions and interpolations, it was disputed by the next of kin, who endeavoured to establish that the testator was of unsound mind. But this effort to annihilate its validity failed, the testator being held to be of sound mind and capable of making a legal disposition of his estate.

“The trustees and executors thereupon filed a bill in Chancery on the 25th of April, 1852, praying the court to construe the will, and enable them to administer the estate. The next of kin, by their answer, contended that since it was impossible to place any construction upon the will at all, it was necessarily void.”

The testator’s property, we may remark, was sworn under £140,000.

The documents in this Chancery suit, which extended to four years, are of several tons weight. The bills of costs alone would fill a butcher’s cart. How Turner would have groaned to see the lawyers fattening on his hard-earned savings!

A compromise was eventually effected between all parties to the suit, and on March 19, 1856, a decree was pronounced, with their consent, to the following effect:

1. The real estate to go to the heir-at-law.

2. The pictures, etc., to the National Gallery.

3. £1000 for the erection of the monument in St. Paul’s Cathedral.

4. £20,000 to the Royal Academy, free of legacy duty.

5. Remainder to be divided among next of kin.

WILL OF VAUGELAS

Claude Favre de Vaugelas the French Grammarian, one of the lights of the “Salon Bleu,” and honored by the friendship of Madame de Rambouillet, was born at Bourg en Bresse in 1585, and after making an illustrious name in the annals of literature, and being rewarded by several pensions, died in a condition of abject poverty in Paris, in 1650. It is difficult to account for the sad circumstances under which he ended his days, unless, like many of the literary characters found in history, he led a life of reckless expenditure, possibly good-naturedly lending to those who never repaid him, and generally neglected to keep any kind of order in his affairs.

Fréron, in his “Année Littéraire,” reports a singular clause in his will, but one which does honor to his sense of rectitude and his conscientiousness.

“Vaugelas,” says he, “died, so to speak, in penury; he was so deeply in debt that he was obliged to remain all day at home (a single room), and could only go out at night for fear he should fall into the hands of his creditors. On this account he was named the ‘Hibou.’ His will was remarkable: after having ordered his little all to be sold for the payment of his debts, he adds, ‘But as, after all has been distributed, there may remain some creditors whose claims will not be satisfied, my last will is that my body be sold to the surgeons for the highest price that can be obtained, and the product applied to the liquidation of the debts I may still owe, so that, if I have been unable to be of any use during my life, I may at least serve some purpose after my death.’”

WILL OF VOLTAIRE

Among Voltaire’s papers was found a note, endorsed “Mon Testament,” which, on being opened, exhibited these lines in his own hand:

“Je meurs en adorant Dieu,
En aimant mes amis,
En ne haissant point mes ennemis,
En detestant la superstition.”

Voltaire spent his last days in Paris, dying there in 1778. It was there Benjamin Franklin took to him his grandson on whom he asked Voltaire to pronounce a blessing. Voltaire placed his hand upon the young man’s head, uttering at the same time in English, “God and liberty.”

WILL OF IZAAK WALTON

“Simon Peter saith unto them, I go a fishing.
They say unto him, we also go with thee.”

Izaak Walton died December 15, 1683, at the age of ninety, and was buried in the north transept of Winchester Cathedral. He is best known and loved by his work, “The Compleat Angler, or Contemplative Man’s Recreation;” for quaintness and pastoral freshness it has never been excelled and has passed through more than a hundred editions. Of the book Charles Lamb said: “It would sweeten a man’s temper at any time to read it.” The following verses in praise of tobacco, are taken from a poem of considerable length, Gosden’s edition of the “Journey to Beresford Hall.”

“Me thinks I see Charles Cotton, and his friend,
The modest Walton, from Augusta’s town,
Enter the Fishing-house an hour to spend,
And by the marble table set them down.

“‘Boy, bring me in the jug of Derby Ale,
My best tobacco, and my smoking tray;’
The boy, obedient, brings the rich regale,
And each assumes his pipe of polished clay.

* * * * *

“Now cloud on cloud pervades the fishers’ room,
The Moreland Ale rich sparkles to the sight;
They draw fresh wisdom from the circling gloom,
And deal a converse pregnant with delight.

* * * * *

“Me thinks I see them with the mental eye,
I hear their lessons with attentive ear,
Of early fishing with the summer fly,
And many a pleasing tale to Anglers dear.”

The Fishing-house of Charles Cotton, where Walton visited and where Piscator and Viator communed, stood “in a kind of peninsula,” as Cotton describes it, “with a delicate clear river about it;” this “little house” was on the river Dove in Staffordshire: over the arched door were the words “Piscatoribus Sacrum” and on the Key-stone the Cypher of Cotton and Walton. In 1835 this venerable and historic building was restored to nearly the same state as when originally built, by its owner, the Marquis of Beresford.

The will of Walton is deposited in the great registry of English wills at Somerset House, London, and may there be seen by the visitor. An exact copy recently taken from the original is here given, word for word:

“In the name of God, Amen: I, Izaak Walton, the elder, of Winchester, being the present day in the ninetyeth yeare of my age and in perfect memory, for which praysed be God, but considering how suddainly I may be deprived of both, doe therefore make this my last will and testament as followeth; and first, I doe declare my beleife to be that their is only one God who hath made the whole world and mee and all mankind, to whome I shall give an account of all my actions which are not to be justified but I hope pardoned for all the merrets of my saviour Jesus, and because the profession of Christianity does at this time seeme to be subdivided into papist and protestant I take it at least to be convenient to declare my beleife to be in all points of ffaith as the Church of England now professeth and this I doe, the rather because of a very long and a very true friendship with some of the Roman Church and for my worldly estate (which I have neither got by falsehood or flattery or the extreame Cruelty of the law of this nation) I doe hereby give and bequeath it as followeth: first I give my sonne in law Doc^{t.} Hawkins and to his wife to them I give all my title and right of or in a part of a house and shop in Pater noster rowe in London which I hold by lease from the Lord Bishop of London for about ffifty years to come, and I doe alsoe give to them all my right and title of or to a house in Chansery Lane London wherein M^{r.} Greinwood now dwelleth in which is now about sixteene yeares to come I give these two leases to them they saving my Executor from all damage concerning the same; and I give to my sonne Izaak all my right and title to a lease of Norington Farme which I hold from the Lord Bishop of Winton and I doe also give him all my right and title to a Farme or land neare to Stafford which I bought of Mr. Walter Noell; I say I give it to him and his heires for ever but upon the condicon following namely; if my sonne shall not marry before he shall be of the age of forty and one yeare, or being married shall dye before the said age and leave noe sonne to inherit the said Farme or Land, or if his sonne or sonns shall not live to obtaine the age of twenty and one yeares, to dispose otherwayes of it then I give the said Farme or land to the Towne or Corporation of Stafford (in which I was borne) for the good and benefit of some of the said towne as I shall direct and as followeth, but first note that it is at this present time rented for twenty one pounds tenn shillings a yeare (and is like to hold the said rent if care be taken to keepe the barne and houseing in repaire) and I wood have and doe give ten pound of the said rent to bind out yearly two boyes, the sonns of honest and poore parents, to be aprentizes to some Tradesmen or handycraft men to the intent the said boyes may the better afterward get their owne liveing; and I doe alsoe give five pound yearly out of the said rent to be given to some maide Servant that hath attained the age of twenty and one yeare (not lesse) and dwelt long in one service or to some honest poore mans daughter that hath attained to that age, to be paid her at or on the day of her marriage and this being done my will is that what rent shall remaine of the said Farme or land shall be disposed of as Followeth: first I doe give twenty shillings yearly to be spent by the Mayor of Stafford and those that shall collect the said rent and dispose of it as I have and shall hereafter direct, and that what mony or rent shall remaine undisposed off shall be imployed to buy Coales for some poore people that shall most need them in the said towne, the said Coales to be delivered the first weeke in January or in every first weeke in February; I say then because I take that time to be the hardest and most pinching times with poore people and God reward those that shall doe this without partialitie and with honestie and a good conscience; and if the said Mayor and others of the said towne of Stafford shall prove so negligent or dishonest as not to imploy the rent by mee given as intended and exprest in this my will (which God forbid) then I give the said rents and profitts of the said Farme or land to the Towne and cheife magastraits or governers of Ecles-hall to be disposed by them in such manner as I have ordered the disposall of it by the towne of Stafford, the said Farme or land being near the Towne of Ecles-hall; and I give to my sonne in Law Doctor Hawkins (whome I love as my owne sonn) and to my daughter, his wife, and my sonne Izaak to each of them a ring with these words or motto--“love my memory I: W. obiet;” to the Lord Bishop of Winton a ring with this motto “a mitt for a million I: W. obiet;” and to the friends hereafter named I give to each of them a ring with this motto “A friend’s farewell I: W. obiet;” and my will is the said rings be delivered within forty dayes after my death, and that the price or value of all the said rings shall be thirteen shillings and four pence a peece. I give to Doctor Hawkins Doctor Donn’s Sermons, which I have heard preacht and read with much content; to my sonn Izaak I give Doctor Sibbs his Soules conflict, and to my daughter his brused reed desireing them to read them for as to be well acquainted with them; and I alsoe give unto her all my bookes at Winchester and Droxford and whatever in those two places are or I can call mine except a Trunck of Linnen which I give to my sonne Izaak; but if he doe not live to Marry or make use of it then I give the same to my Granddaughter, Anne Hawkins, and I give my daughter Doctor Halls works which be now at Farnham: to my sonn Izaak I give all my bookes (not yet given) at Farnham Castell and a deske of prints and pictures, alsoe a Cabinet nere my bedshead in which are some little things that he will value, tho of noe great worth, and my will and desire is that he will be kind to his Aunt Beachame and his Aunt Rose Ken by allowing the first about fifty shillings a yeare in or for Bacon and Cheese (not more) and paying four pound a yeare toward the boarding of her sonnes dyet to M^{r.} John Whitehead; for his Aunt Ken I desire him to be kind to her according to her necessity and his own abilitie and I commend one of her children to breed up (as I have said I intend to do) if he shall be able to doe it, as I know he will, for they be good folke. I give--to M^{r.} John Darbishire the Sermons of M^{r.} Anthony Faringdon or of Do^{r.}: Sunderson, which my Executor thinks fitt: to my servant, Thomas Edghill, I give five pound in mony and all my Clothes linnen and wollen (except one sute of Clothes which I give to M^{r.} Holinshed and forty shillings) if the said Thomas be my servant at my death, if not my Clothes only; and I give my old friend, M^{r.} Richard Marriot, tenn pound, in mony to be paid him within three Months after my death, and I desire my sonne to shew kindness to him if he shall neede and my son can spare it; and I doe hereby will and declare my sonn Izaak to be my sole Executor of this my last will and testament and doctor Hawkins to see that he performes it, which I doubt not but he will. I desire my burial may be neare the place of my death and free from any ostentation or charge but privately: this I make to be my last will (to which I shall only add the Codicell for rings) this sixteenth day of August, One Thousand Six hundred eighty three. Izaak Walton. Witnesse to this will

“The Rings I give are as on the other side.

“To my brother, Jon Ken; to my sister, his wife; to my brother, Doctor Ken; to my Sister Pye; to M^{r.} Francis Morley; to M^{r.} George Vernon; to his wife; to his three daughter; to Mristris Nelson; to M^{r.} Richard Walton; to M^{r.} Palmer; to M^{r.} Taylor; to M^{r.} Tho Garrard; to the Lord Bp of Sarum; to M^{r.} Rede, his servant; to my cozen Dorothy Kenrick; to my Cozen Lewin; to M^{r.} Walter Higgs; to M^{r.} Charles Cotton; to M^{r.} Rich: Marryot 22; to my brother Beacham; to my Sister, his wife; to the Lady Anne How; to M^{rs.} King Doctor Philips wife; to M^{r.} Valentine Harecourt; to M^{rs.} Eliza: Johnson; to M^{rs.} Mary Rogers; to M^{rs.} Eliza: Milward; to M^{rs.} Dorothy Wallop; to M^{r.} Will Milward of Christ church, Oxford; to M^{r.} John Darbesheire; to M^{rs.} Unedvill; to M^{rs.} Rock; to M^{r.} Peter White; to M^{r.} John Lloyde; to my Cozen Greinsells widdow, M^{rs.} Dalbin, must not be forgotten 16; Izaak Walton note that severall lines are blotted out of this will for they were twice repeated and that this will is now Signed and Sealed this twenty and fourth day of October, One thousand Six hundred eighty three, in the presence of us Witnesse Abra: Markland, Jos: Taylor, Thomas Crawley.”

WILL OF DUKE OF WELLINGTON

Arthur Wellesley, first Duke of Wellington, died September 14, 1852: he was probably born in Dublin, though both the place and date of birth are uncertain. He is buried in St. Paul’s Cathedral, London.

His will, taken from the original on file at Somerset House, London, is as follows:

“An attempt having been made to assassinate me on the night of the 10th instant, which may be repeated with success, and being desirous of settling my worldly affairs and there being no professional person at Paris to whom I can entrust the task of drawing my Will, I now draw it in my own hand writing, hereby revoking all former Wills particularly one likewise in my own hand writing made in the year 1807 previous to the Expedition to Copenhagen.

“I hereby leave to the trustees appointed by Act of Par^{t} to carry into execution the objects of the various Grants to me, my house in Piccadilly London with its furniture and all I possess in money and other valuables in the funds in Exchequer Bills and elsewhere according to the schedule annexed in trust for the following purposes:

“_First_: To carry into execution my Marriage Settlement with the Duchess of Wellington.

“_Secondly_: To pay to all my servants one year’s wages beyond what may be due to each on the day of my death.

“_Thirdly_: To pay all my just debts.

“_Fourthly_: To pay to my second son, Lord Charles Wellesley, the sum of one thousand pounds per annum for his life, besides what he will be entitled to under my Marriage Settlement and by the operation of the Acts conveying the Parliamentary Grants to my family. In case he should marry or when he will be thirty years of age, he is to have the option of continuing to receive this annuity or the sum of twenty thousand pounds sterling which is to be paid to him out of the funds aforesaid.

“_Fifthly_: To purchase a freehold estate in England with the whole money aforesaid or such part thereof as they the said trustees may think proper, charging it with the provisions above specified for the Duchess of Wellington and Lord Charles Wellesley.

“_Sixthly_: To give to my eldest son Arthur, Marquis of Douro, and the heirs male of his body the use of the House in Piccadilly, of the furniture thereto belonging, and to pay him and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which the trustees may think proper to purchase with the said money. In case of the death without heirs male of my eldest son Arthur, Marquis of Douro,

“_Seventhly_: I give to my second, The Lord Charles Wellesley, and the heirs male of his body the use of the said house in Piccadilly and of the furniture thereunto belonging, and to pay him The Lord Charles Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which the trustees may think proper to purchase with the said money. In case of the death without heirs male of my sons, Arthur, Marquis of Douro and Lord Charles Wellesley,

“_Eighthly_: To give my nephew, Arthur Wellesley, the eldest son of my brother The Hble. and Revd. Gerald Wellesley, by Lady Emily his wife, and the heirs male of his body, the use of my house in Piccadilly and the furniture thereunto belonging, and to pay him the said Arthur Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which may be purchased by the trustees with the said money. In case of the death of both my sons Arthur, Marquis of Douro, and Lord Charles Wellesley and of my nephew, Arthur Wellesley, aforesaid all without heirs male,

“Ninthly: To give to my nephew, Gerald Wellesley, the third son of my brother, The Honble. Henry Wellesley, by Lady Charlotte his wife, and the heirs male of his body, the use of my house in Piccadilly and the furniture thereunto belonging, and to pay him the said Gerald Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which may be purchased by the trustees with the said money. In case of the death without heirs male of both my sons and both my nephews aforesaid Arthur Wellesley and Gerald Wellesley,

“_Tenthly_: To give to my nephew Henry Wellesley, the eldest son of my brother, the Honble. Henry Wellesley, by Lady Charlotte his first wife, and the heirs male of his body, the use of my house in Piccadilly and the furniture thereunto belonging, and to pay him the said Henry Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which may be purchased by the trustees with the said money. My son Arthur, Marquis of Douro, will have all that has been granted to me by Parl^{t.}, the Estate granted to me by the Cortes and King of Spain, the Pension granted to me by the King of Portugal and the Estate granted to me by the King of the Netherlands, and in case of his death without heirs male, my second son, Lord Charles Wellesley, will succeed to the same. In case of the death without heirs male of my two sons above mentioned, I leave and bequeath to my nephew Arthur Wellesley, the eldest son of my brother Gerald Wellesley, by Lady Emily his wife, and the heirs male of his body all the money which has been granted to me by Parl^{t.} and the estates purchased with the said money. In case of the death without heirs male of my sons aforesaid and of my nephew, the said Arthur Wellesley, I leave and bequeath to my nephew Gerald Wellesley, the third son of my brother Henry Wellesley, by Lady Charlotte his first wife, and the heirs male of his body all the money which has been granted to me by Parl^{t.} and the estates purchased with the said money. In case of the death without heirs male of both my sons and nephews aforesaid, I leave and bequeath to my nephew, Henry Wellesley the eldest son of my brother Henry Wellesley, by Lady Charlotte his wife, and the heirs male of his body all the money which has been granted to me by Parl^{t}. and the estates purchased with the said money.

“I request the trustees appointed by Parl^{t}. to carry into execution the objects of the different Grants made to me, to be the Guardians of my sons. I wish them both, as well as my nephews above mentioned, to serve the King in his Army and that they should receive the best education which can be given to them in order to qualify them to do so with advantage to the King and honour to themselves. They should therefore finish their studies at Eton and at one of the Universities, besides obtaining a knowledge of the Sciences necessary for those who enter the Military Profession.

“I wish my Secretary, Col. Hervey, to take charge of my Private papers at Paris and to burn such as he may think proper.

“WELLINGTON (LS).

* * * * *

“Signed and Sealed at Paris on the 17th of February, 1818, in the presence of--C. Campbell, Col. and Capt. Ad Guards--Geo. Cathcart 6th D.G.--Arthur Hill Capt. 2nd Drag^{ns}.”