Chapter VII: Wills of Famous Americans (1)

“ ... The past is all holy to us;
Sad and soft in the moonlight of memory.”

WILL OF JOHN QUINCY ADAMS

John Quincy Adams died February 23, 1848. His will is in part as follows:

“Know all men by these presents, “that I, John Quincy Adams, of Quincy in the County of Norfolk and Commonwealth of Massachusetts, Doctor of Laws, do make, ordain, publish and declare this to be my last will and testament hereby revoking all wills by me heretofore made and particularly one made on or about the 30th day of October, 1832, the last will made by me preceding the present, which has become mislaid among my papers so that I cannot find it; I therefore revoke and annul the same in all and every particular of the same; of which said will, as far as my memory retains it, Joseph Hall, Edward Cruft and James H. Foster were subscribing witnesses.

“1st. I do hereby constitute and appoint my only surviving son Charles Francis Adams of Boston Esquire, my sole Executor for all my property in this Commonwealth or in the District of Columbia or elsewhere; and I direct him hereby to take out Letters of Administration as well in the County of Norfolk in this Commonwealth as in the County of Washington in the District of Columbia, and if necessary in the State of Pennsylvania, so that he may administer upon any property, real, personal or mixed pertaining to me in any part of the United States at the time of my decease, and I hereby constitute my said son residuary Legatee of all property, real, personal and mixed belonging to me, not otherwise disposed of by this will.

“2nd. But in the event of the decease of my said Son, which God forbid, my beloved wife still surviving, I do hereby constitute her the Sole Executrix of all my goods, estate and property not previously administered, with such assistants as she may name and as may be assented to by the Judge of Probate of the County wherein my said will may be proved and approved.”

He gives and bequeaths to his beloved wife Louisa Catherine Adams, his dwelling house and lot in the city of Washington, and the dwelling house and farm at Quincy “including the lots of Salt Marsh heretofore leased in Connexion therewith.”

He also gives to his wife the dwelling-house and land situated on F. Street in the city of Washington, being his residence in the capital.

He gives to his said wife the furniture in the dwelling-house at Quincy, with the exception of such articles as are specifically otherwise bequeathed, also all carriages and horses, china, plate and plated ware, as well at Quincy as at Washington, excepting such articles thereinafter otherwise bequeathed, and all the wines in the cellars and closets in dwelling-houses in both places.

He gives to his said wife in lieu and as a full equivalent for her right of dower in all the rest and residue of his real estate, whether in Massachusetts or in Washington, or elsewhere, provided she consent to renounce the same, the sum of $2000 per annum, to be paid to her during her natural life, constituting the same a charge upon his estate, to be paid to her in cash every year she may live.

To his son, Charles Francis Adams, he gives all shares and certificates of stocks in the Middlesex & Quincy Canals, Braintree and Weymouth Turnpike, Banks, Insurance Companies, Markets and Hotels; also all interest in mortgages upon real estate and city stocks, and generally all and singular the personal property of every description, not otherwise bequeathed, in trust upon the following conditions and for the following purposes: That he shall, “during the natural life of my said wife, Louisa Catherine Adams, pay over to her one entire third part of the revenue in each and every year; and of the remaining two-thirds of said revenue, he shall reserve one-half to himself and his own use and behoof, and of the other half he shall pay over to my daughter-in-law, Mrs. Mary Catherine Adams one moiety thereof during her natural life, and the remaining moiety to my granddaughter, Mary Louisa Adams, daughter of my son John Adams, deceased, and said Mary Catherine.”

Upon the death of his wife, Louisa Catherine Adams, a division is to be made of the principal of the personal property thus held by his son and executor, by which one-half is to be given to his said son Charles Francis Adams, and of the income arising from the other half of the same, the sum of $6000 is to be paid to his daughter-in-law, Mary Catherine Adams, and the remainder of said income and proceeds shall be paid to his granddaughter, Mary L. Adams, during the natural life of her mother, and “upon the decease of her mother the whole of said half part of said property as well as all other personal property held in trust by said executor for the benefit of said Mary L. Adams” is to be settled upon said Mary L. Adams by said executor.

He gives to his son, Charles Francis Adams, his estate at Mount Wollaston in the town of Quincy, with the dwelling-house and barns thereon situated.

He gives to his son, Charles Francis Adams, and the heirs of his body all the rest and residue of real estate, including all wood lots, quarry lands and salt marsh, of which he shall die seized within the limits of the towns of Quincy, Braintree or Milton: “Provided there be secured to be paid by said son, the principal sum of $20,000, said sum to be a capital for the benefit of my granddaughter, Mary L. Adams.”

He gives to his son, Charles Francis Adams, realty situated in Fremont Street and in Court Street, city of Boston, and county of Suffolk.

He gives and bequeaths to his granddaughter, Mary L. Adams, the estate in Beach Street, city of Boston, and also the estate of which he stands possessed under breach of condition of mortgage in Curve Street in Boston, “should the same become mine, as is probable, by foreclosure, in regular course of law,” also all right, title and interest he has or may have in two stores on Eastern Railway Avenue, in said Boston, over and above amounts for which they are respectively mortgaged, to her and her heirs and assigns forever.

He gives to his son, Charles Francis Adams, the estate in Weston, in this commonwealth, bequeathed to him by his friend Ward Nicholas Boylston, Esq., and the whole of his estate situated in city and county of Washington, D.C., consisting of house in F. Street, and the land appertaining, subject to life estate already granted to his wife, also store and house situated in Pennsylvania Avenue, also estate known under name of Columbia Mills, also Square numbered 592 and all other lands of which he may die seized and possessed in the District of Columbia, to have and to hold to him, his heirs and assigns, in trust, however, for the benefit of his granddaughter, Mary L. Adams.

He constitutes and creates a charge upon all various devises of real estate made for the benefit of his granddaughter, Mary L. Adams; that out of the annual proceeds, rents and profits of same there be paid during the life or widowhood of his mother, Mary Catherine Adams, the sum of $600 in each and every year to the said Mary Catherine Adams.

He gives to Elizabeth C. Adams, Isaac H. Adams, John Quincy Adams and Joseph H. Adams, surviving children of his brother, the late Thos. B. Adams, of Quincy, the house and farm in Braintree and house and farm in Medford, which were mortgaged to him by said brother, and of which he had taken legal possession for breach of condition of said mortgage.

He gives his library of books, manuscript books and papers and those of his father and all his family pictures, except such as may be therein otherwise specifically devised to his son, Charles Francis Adams, “trusting that his mother shall at all times have the use of any of the books in the library at her discretion”; and recommends that his said son, as soon as suits his own convenience, shall “cause a building to be erected, made fireproof, in which to keep the said library, books, documents and manuscripts safe, but always to be subject to his convenience,” and especially recommends to his care the said library, manuscripts, books and papers, and that he will as far as may be in his power keep them together as one library to be transmitted to his eldest son as one property to remain in the family, and not to be sold or disposed of as long as may be practicable, being always confided to the faithful custody of the person holding the legal title in the same.

He gives to his granddaughter Mary L. Adams, “Portrait of my father, painted by Stewart and all the other family portraits now in house in F. Street which I occupy.”

He gives to the people of the U.S. of America an ivory cane presented to him by Julius Pratt of Meriden in Connecticut and by him deposited in the custody of the Commissioner of Patents at Washington to remain in his custody until called for by him, the said cane bearing on it an inscription in honor of the repeal by the House of Representatives of a bill prohibiting the reception of petitions on the subject of slavery, December 3, 1844.

He gives to his grandson, John Quincy Adams, son of Charles Francis Adams, “a gold-headed cane cut from the timbers of the frigate Constitution and presented to me by Minot Thayer, Samuel A. Turner, Ebenezer T. Fogg, Solomon Richards and Harvey Field, Committee, April 1st, 1837, on the head of which is engraved the members of the House of Representatives of Massachusetts from the several towns of my District in the year 1837, in token of their sense of my public services in defending in the Congress of the United States the right of petition of the people of the U.S. in that body; and I request my son to have the custody of this bequest until his said son John Quincy shall come of age.”

“20th. I give and bequeath to my grandson Charles Francis Adams second son of my son, aforesaid, a cane also cut from the timbers of the frigate Constitution, and given to me by its Commander Commodore Isaac Hull in the year 1836, which is marked upon a silver ring immediately under the head of said cane.

“21st. I give to my grandson Henry Brooks Adams, third son of my son aforesaid, a cane made of olive from Mount Olivet in Jerusalem, given to me by my nephew Joseph Harrod Adams by whom it was caused to be cut on the spot, he being personally there as an officer of the United States.

“22nd. I have given to my daughter A. B. Adams, wife of my son Charles Francis Adams, the portfolio of engravings of pictures of Colonel Trumbull, presented to me by him. I now give to her a silver tankard which was my mother’s, from her grandfather John Quincy--also the portrait of the said John Quincy at two years of age now in her house at Quincy, and that of his mother, being Anna Shepard, daughter of the celebrated Thomas Shepard, minister of Charleston, by whom the estate at Mount Wollaston was bequeathed by will to the said John Quincy. These pictures were given to me by will of Norton Quincy, only son of the said John Quincy.

“23rd. I give and bequeath to my friend the Reverend Dr. Nathaniel L. Frothingham, a seal with a device of an oak acorn, and the motto ‘alteri seculo’ as a small token of my personal esteem and friendship for him.

“24th. I give and bequeath to my friend Dr. George Parkman of Boston a seal enchased with the image of General George Washington as a small token of the esteem and affection which I bear to him.

“25th. I give and bequeath to my grandson John Quincy Adams my Chronometer made by French, bearing his initials, being the same as my own, to be kept by his father until he shall think proper to deliver it to him.

“26th. I give to my granddaughter Mary Louisa Adams, my seal bearing a Lion engraved upon a Silesian stone, which I had engraved there at the time of my tour through that country; the gold medal presented to me by the Corporation of the City of New York struck on the opening of the Grand Canal, the silver cup with the inscription ‘Circes pocula nosti’--and the seal engraved on a Sardonyx with my cipher on one side and the Boylston arms on the other. I give all other medals, coins, or presents of small value which I have received, a silver wafer box, and pair of portable candlesticks, my own cushion, seal at arms on a cornelian and my seal with the device of the Eagle and Lyre to my son Charles Francis Adams. Also a bronze medal given to me by Commodore Jesse D. Elliot struck by his order in honor of Thomas Cooper Esqr. and also another medal in silver which he directed to be given to the historical society of Rhode Island, refused by that society shortly before his death and held by me subject to their order. Also the history of the Croton Aqueduct a present from the City of New York.

“27th. I give to my daughters in law Mary Catharine Adams, widow of my son John Adams, and to Abigail Brown Adams, wife of my son Charles Francis Adams, one hundred dollars each to purchase some permanent token of remembrance of me which they may leave to their daughters; and I further give to my said daughter Mary Catherine Adams the clock with the device of Penelope in my chamber at Washington.

“28th. I give to my nephew and namesake John Quincy Adams my small seal with my cipher engraved upon a cornelian; and a pair of gold sleeve buttons, with the motto ‘aequam memento servare memtem’ which I wore when I was President of the United States.”

He gives to each of his two granddaughters, Mary Louise Adams, daughter of his son, John Adams, deceased, and to Louisa Catherine Adams, daughter of his son, Charles Francis Adams, one-half of the sums deposited in his name in the Institution for Savings in the City of Boston, the said sums to remain on deposit there until the thirteenth day of August 1852, when the younger of the two would, if living, attain the age of twenty-one years.

“30th. I also give to my son Charles Francis Adams and to his heirs and assigns the Pew numbered Fifty four in the Stone Meeting house at Quincy, also the Pew in the Gallery Numbered Five, and the family tomb in the grave yard opposite the said meeting house.

“31st. I also give to my wife Louisa Catherine Adams the pew which I own in St. Johns Church at Washington, and also the pew which I own in Christ Church at Quincy.

“32nd. I give and devise to the supervisors of the Adams Temple and school fund at Quincy all the remaining pews in the Stone Meeting house at Quincy of which I retain the property to be by them held or sold as in their judgment shall be deemed best; and the proceeds of the same shall be applied to the erection of a stone school house over the cellar which was under the house formerly built by the Reverend John Hancock, conformably to the deed of gift of my deceased father John Adams, of the twenty fifth of July in the year eighteen hundred and twenty two to the Inhabitants of the Town of Quincy.

“33rd. I give and bequeath to my cousin Louisa Catherine Smith the sum of fifty dollars per annum as an annuity to be paid by my Executor during her life and as a slight token of my regard for her.

“In testimony whereof I have hereunto set my hand and seal at the City of Boston this Eighteenth day of January in the year of our Lord eighteen hundred and forty seven.

“JOHN QUINCY ADAMS.”

WILL OF CAPTAIN JOHN ALDEN

The gravestone of Captain John Alden, who died at Boston, Massachusetts, on the 14th day of March, 1702, at 5 o’clock in the afternoon, at the age of seventy-five, is now in the porch of the New Old South Church. He was the son of John Alden who was engaged in making repairs on the _Mayflower_ at Southampton, and sailed in her with the Pilgrim Fathers, afterwards marrying Priscilla Mullens, whose name is familiarized by Longfellow’s poem, “The Courtship of Myles Standish.”

Captain John Alden’s will is dated the seventeenth day of February, 1701. He directed that his body should be decently buried, at the discretion of his executors in said will named. After the payment of his just debts and funeral expenses and legacies, the remainder of his estate in “housing, lands, money, plate, debts, goods & moveables wheresoever lying or to be found,” was to be divided into five equal parts or shares: one part was to be given to his son, John Alden, and the remaining fifths divided among other children and grandchildren. And his children are given the liberty of using his kitchen “for washing, brewing and baking” and all his garden “for the hanging and drying of their cloathes.”

WILL OF BENEDICT ARNOLD

Benedict Arnold, the traitor of his country, died in London, June 14, 1801. Any one interested in seeing the original of his will can find it in the Recorder’s Office at Somerset House, London. As many of our readers will be interested in knowing how he ended his days, his last will is here given in full:

“I, Benedict Arnold of the city of London, being of sound mind and memory, do make and constitute this my last will and testament in manner following:

“Imprimis. It is my will that all my just debts and funeral expenses be first paid, the latter I request may be only decent, but by no means attended with any expense that can be possibly avoided.

“Item. I give to my sister Hannah Arnold forty pounds sterling per annum during her natural life, to be paid to her annually out of the interest of such monies or income of such estate as I may die possessed of, provided she shall and does give up to my heirs or executors all obligations that she may have against me and also does relinquish all claims against my estate except for the annuity before mentioned.

“Item. I give and bequeath to my sons Richard and Henry all sums of money that they are in anywise indebted to me and having in the course of the last and present year written to them to draw Bills of Exchange upon me in London for the following sums of money, vizt: one hundred and eighty pounds sterling (to make up a sum of three hundred pounds part of which I have paid to them) to enable them to build and stock their farm in Canada, also two hundred and thirty pounds sterling to enable them to pay two protested Bills as also three hundred and sixty pounds sterling to enable them to pay all their debts due in January 1801, to the total amount adding these sums, of seven hundred and seventy pounds sterling. I give and bequeath the before mentioned sums of money to my sons Richard and Henry equally, and it is my will and pleasure that their Bills of Exchange for the before mentioned sums be honored by my executors and paid out of the estate I may die possessed of.

“Item. I give, devise and bequeath to my beloved wife, heirs, executors and administrators all my estate both real and personal that I may die possessed of, after paying my debts and legacies as before and hereinafter mentioned, for her own use and benefit during her continuing a widow and to be disposed of among all my children at her death, as she may think proper not doubting her doing them all equal justice; but should she marry again, then it is in that case my will and pleasure that all my property shall be divided among my children upon her second marriage, and in that case I do hereby give, devise and bequeath all my estate both real and personal that I now have or may die possessed of to my children to be divided among them in such equal proportions as my beloved wife shall think just and proper, consideration being had for the sums of money that they have already received and that have been expended upon them for their education &c; and consideration being also had to their respective ages and situations in life not doubting that she will do them all equal justice as she well knows it is and has always been my intention (as my affection has been equally divided amongst them) to make an equal provision for them all.

“Item. I give, devise and bequeath to John Sage, now in Canada living with my sons there (being about fourteen years of age) twelve hundred acres of land being part of a Grant of thirteen thousand four hundred acres of land made to me as an half-pay Officer for myself and family by Order of the Duke of Portland by his letter directed to Peter Russel Esquire President of the Council in Upper Canada, dated the 12 June 1798, which said 1200 acres of land I give to him to be counted altogether in one place out of the before mentioned grant as my executrix may judge equal and fair. I also do hereby give and bequeath to the said John Sage twenty pounds per annum to be paid to my sons Richard and Henry for his use for board cloathing and education until he shall be of the age of twenty-one years, to be paid out of the estate I may die possessed of. I also give and bequeath to the said John Sage fifty pounds, to be paid to him when he shall attain the age of twenty one years. I do hereby constitute and appoint my beloved wife sole Executrix to this my last will and testament and in case my wife should marry again or die intestate I do hereby constitute and appoint Miss Ann Fitch and Miss Sarah Fitch of Devonshire Street joint trustees to manage my estate and carry this my will into execution, and they are hereby authorised (should it be necessary to sell any part of my real estate for that purpose) to give receipts to the purchasers for the purchase money, which shall be considered as good and valid; but should my wife die intestate I do hereby give, devise and bequeath to all my children all my estate both real and personal that I may die possessed of, after paying my legacies &c. to be divided among them in the following manner, vizt: the whole to be divided into twelve equal shares & to Sophia I give four shares, to William I give two shares, to George I give two shares, and to Richard, Henry, Edward and James I give each one share, and I do hereby appoint the before named trustees to see the same carried into execution, and I do hereby constitute and appoint my beloved wife sole Executrix of this my last will and testament, in witness whereof, I have hereunto set my hand and seal in London this 30th day of August in the year of our Lord one thousand eight hundred.

“BENEDICT ARNOLD.”

WILL OF JOHN JAMES AUDUBON

John James Audubon died January 27, 1851. His will is a short document and is as follows:

“In the Name of God Amen.

“I, John James Audubon of the City and State of New York do make and publish this my last Will and Testament as follows:

“1st. First: I order and direct that all my just debts and funeral expenses be paid as soon after my decease as conveniently can be done.

“2d. Second: I give devise and bequeath to my wife Lucy Audubon and to my two sons Victor Gifford Audubon and John Woodhouse Audubon all my real and personal property of whatever nature or kind soever excepting my household furniture articles of silver and silver plate share and share alike.

“3rd. Thirdly: I give, devise and bequeath to my wife all my household furniture articles of silver and silver plate.

“Lastly. I nominate, constitute and appoint my said two sons Executors and my wife Executrix of this my last Will and Testament hereby revoking and annulling all other and former Wills by me made.

“In witness whereof I have hereunto signed my name and affixed my seal this nineteenth day of April in the year of our Lord one thousand eight hundred and forty one.

“JOHN JAMES AUDUBON.”

WILL OF PHINEAS TAYLOR BARNUM

Phineas Taylor Barnum died April 7, 1891. The Probate Court of Bridgeport, Connecticut, will, on request, furnish you with a copy of his will; it would seem that printer’s ink is used by Barnum’s executors, following the testator’s example, for the will is in the shape of a booklet containing fifty-three pages, and is the most lengthy testamentary document which has come under our observation. The legacies and gifts under it exceed one hundred and fifty in number and several million dollars in amount. Then are added to the will, eight codicils of unusual length and of great particularity. The will itself is dated the 30th day of January, 1882, the last codicil, the year in which he died, 1891.

By the will, the testator gives an annuity of $9000 to his wife, Nancy, together with the use of certain personal property; there is also given her, the use for life of his residence, “Waldemere,” which was a villa in imitation of the Brighton Pavilion. He says: “I love the pleasant city of my adoption (Bridgeport), and ardently hope for its moral and material improvement; a large share of my income, during my residence here of nearly forty years, has been devoted to its public and private charities, and to improving and developing its parks, avenues, and its waste places, erecting houses, factories, &c. Having thus preferred to see my money used here, under my own eyes, rather than to leave it to be used by others.” There is an annuity of $1500 given a daughter, Helen, during her natural life, subject to certain legacies and annuities; the residue of his estate is placed in the hands of trustees to be divided equally between a daughter, Caroline C. Thompson, the children of a deceased daughter, Pauline T. Seeley, and the children of a daughter, Helen M. Buchtel. The old family Bible, the bust of Jenny Lind, and the contract with Jenny Lind, are given to his daughter, Caroline: seven gifts of books are made to publishers, “as a faint recognition of the Public Press, to which I am so much indebted.”

From the profits of the “show business,” the executors are directed to reserve a fund of $200,000, “to meet the outlays yearly required for the successful prosecution of said business in an honorable, respectable and strictly moral manner with a view to refine and elevate such recreations and to edify and instruct as well as innocently amuse those who attend them; and the agents employed for the purpose must be qualified and of temperate habits, and undoubted integrity.”

By the first codicil, a diamond stud is given to his wife, Nancy, to be hers absolutely: numerous bequests are made, many of them for charitable purposes, including an endowment fund for “Barnum Institute” for scientific purposes. The testator states, that having no son, the name Barnum will not be continued, and on condition that his grandson, Clinton H. Seeley, will call himself Barnum Seeley, and take legal steps to change his name, he is to receive $25,000.

In codicil number two, numerous bequests and legacies are made, and an estimated value of three million dollars is placed on his estate. Reference is made to a gift of $2500 for “preaching the Gospel and distributing Universalist Literature.”

Codicil number three revokes certain provisions of codicil number one.

Codicil number four contains legacies to Tufts College, the Barnum Museum of Natural History, Bridgeport Scientific Society, and other institutions, including the “Boys’ Club” and “Girls’ Club” of Bridgeport.

Codicil number five gives to the city of Bridgeport $1000 for the erection of a statue of Henry Bergh, the founder of the society for the prevention of cruelty to animals. To his wife, Nancy, he gives, absolutely, $100,000 and $40,000 a year during her natural life, these in lieu of the legacies and annuities given her by the will and former codicils.

Codicil number six directs that Thomas Ball, a sculptor, of Florence, Italy, be consulted with reference to a piece of ornamental statuary to be placed on the testator’s burial lot, not to exceed in cost $8000.

Codicil number seven gives $500 to his family physician, as a mark of gratitude.

Codicil number eight mentions the erection of a building in Bridgeport, to be known as “The Barnum Institute of Science and History.”

WILL OF HENRY WARD BEECHER

Henry Ward Beecher died March 8, 1887. His will is as follows:

“In the Name of God, Amen.

“I, Henry Ward Beecher, of the City of Brooklyn, and State of New York, hereby revoking all, other and former Wills by me heretofore made, do make, publish and declare this to be my last Will and Testament.

“I. I hereby authorize and direct my Executors, or such of them as shall qualify, upon my death to collect and receive the amount of my life insurance, to invest the same, and to pay the proceeds of such investment to my wife during her life, in equal quarter yearly payments.

“II. I hereby give, bequeath and devise unto my executors, or such of them as shall qualify, the rest, residue and remainder of my estate, both real and personal, of every kind, in trust for the benefit of my children. And I hereby direct that my said Executors, distribute and apportion my said estate, among my said children, in such manner and form, and at such time or times, as shall in their Judgment be for the best interest of my said children; giving unto my said Executors full powers to sell and Mortgage such and so much of my real and personal property, as they shall deem best, and to invest or distribute the proceeds of such sale or sales, as herein provided.

“III. It is my Will, that, if any of my said children should die, before the complete distribution of my estate as above provided, leaving issue them surviving, that such issue shall stand and take in the place and stead of their parent, taking _per stirpes_, and not _per capita_.

“IV. I hereby nominate, constitute and appoint my sons, Henry B. Beecher, William C. Beecher and Herbert F. Beecher, all of Brooklyn, New York, and my son-in-law, Rev. Samuel Scoville, of Norwich, New York, the Executors and Trustees of this my will, and it is my will that no bonds shall be required of them or either of them.

“July 11th 1878. “HENRY WARD BEECHER.”

WILL OF THOMAS H. BENTON

Thomas H. Benton died April 10, 1858. His will is as follows:

“I, Thomas H. Benton of the State of Missouri, now in the City of Washington in the District of Columbia, do make and publish this my last will and testament, hereby revoking any and all wills made by me at any time heretofore.

“I hereby constitute and appoint my sons in law William Carvey Jones, John C. Fremont and Richard Taylor Jacob, and my friends Montgomery Blair and Samuel Phillips Lee, to be executors of this my last will and testament.

“After the payment of my just debts and charges, should there be any such at the time of my death, I dispose of my estate as follows:

“I give, devise and bequeath to my said executors and the survivor of them, and the heirs, executors, administrators and assigns of such survivor, my house and lot on C Street in said Washington city, now occupied by me, with all my furniture and other personal property, except my books, in trust to hold the same to the sole and separate use of my daughter Mrs. Eliza P. C. Jones, free from any control by, or liability for or on account of, her present or any future husband, and subject to such direction as to the disposition of the same as she may at any time give in writing to my said executors and trustees or to any of them; and should she in writing direct the said property, or any part thereof, to be commuted for other property, then to hold the property so received in commutation on the same trust as aforesaid. It is my intention and will that my said daughter Mrs. Eliza P. C. Jones may, if she be so pleased, direct the property hereby devised in trust for her, or any part thereof, to be sold, and receive and enjoy the proceeds of such sale.

“I give and bequeath all my library of books to my said son-in-law William Carvey Jones.

“I hereby will and direct that out of the first moneys which may be paid to my estate under subsisting contracts for a certain number of years with Messrs. Appleton & Co. of New York, publishers of my literary works, and out of the first proceeds of the sale thereof, my said executors shall pay to my daughter Mrs. Eliza P. C. Jones the sum of ten thousand dollars, and to my daughter Mrs. Susan T. Boileau the sum of five thousand dollars, or invest the same in trust for their sole and separate use respectively, as they may respectively direct,--and that my said executors shall divide the residue of the moneys which may arise, as the same shall be received from my literary works, equally among my four daughters Mrs. Eliza P. C. Jones, Mrs. Jessie Ann Fremont, Mrs. Sarah McD. Jacob and Mrs. Susan T. Boileau, or invest the same in trust for their sole and separate use respectively, as they may respectively direct.

“And I hereby will and direct that it shall be competent for any two of my aforesaid Executors and Trustees, to do any act in relation to the premises which the whole five could do. In witness whereof I have hereto set my hand and seal this thirteenth day of September in the year eighteen hundred and fifty-seven.

“THOMAS H. BENTON.”

WILL OF JAMES G. BLAINE

James G. Blaine died January 27, 1893. His will is a brief instrument, and is as follows:

“I, James G. Blaine of Augusta in the State of Maine, at present residing in the City of Washington, D.C., being of sound and disposing mind and memory do make, publish and declare this to be my last will and testament hereby revoking all former wills by me at any time made.

“1. I direct my executor hereinafter named to pay my just debts and funeral expenses.

“2. I give and bequeath to my daughter Margaret, to my son James, and to my daughter Harriet, to each the sum of fifty dollars:

“3. I give and bequeath to my grandchildren Emmons Blaine, Blaine Coppinger and Conor Coppinger, to each the sum of twenty five dollars:

“4. All the rest and residue of my property, real, personal or mixed wheresoever situate which I now own or may hereafter acquire and of which I shall die seized or possessed I give, devise and bequeath absolutely and in fee simple to my wife Harriet S. Blaine, her heirs and assigns forever:

“5. I name, constitute and appoint my said wife Harriet S. Blaine, Executrix of this my last will and testament, and I request that my Executrix be not required to give bond for the performance of her duty as such.

“Witness my hand this seventh day of January A.D. 1892.

“JAMES G. BLAINE.”

WILL OF EDWIN T. BOOTH

Edwin T. Booth died June 7, 1893. His will is as follows:

“I, Edwin Thomas Booth, Actor, do make, publish and declare this my last Will and Testament.

“First: I order and direct that all my just debts be paid as soon after my decease as may be practicable.

“Second: I give and bequeath to my Brother Joseph A. Booth, Ten thousand ($10,000) dollars.

“To my niece Marie Booth Douglass, Ten thousand ($10,000) dollars.

“To my nieces and nephews Asia, Clarke Morgan, Andrienne Clarke, Junius B. Booth, Sidney Booth, Creston Clarke and Wilped Clarke, to each Five thousand ($5000) dollars.

“To my Cousins Charlotte Mitchell of Baltimore and Robert Mitchell of North Carolina, to each, Twenty-five hundred ($2500) dollars.

“To my friend Mrs. Maria Anderson, Five thousand ($5000) dollars.

“To my friends John H. Magonigle and his wife Catherine, to each Ten thousand ($10,000) dollars.

“To my friend Mrs. Margaret Devlin, a sister of Mrs. Catherine Magonigle, Five thousand ($5000) dollars.

“To the ‘Actors Fund,’ the ‘Actors Order of Friendship,’ both of the City of New York, the ‘Actors Order of Friendship’ of Philadelphia, the ‘Trustees of the Masonic Hall and Asylum Fund of New York’ and the ‘Home for Incurables’ at West Farms, New York, to each, Five thousand ($5000) dollars.

“Third. I order and direct that my Executors transfer and convey all the rest, residue and remainder of my estate, real and personal to the Central Trust Company of New York, as Trustee for the following uses and purposes: That said Trustee invest and re-invest the same and pay the income thereof to my daughter Edwina Booth Grossmann during her natural life and upon her sole and separate receipt, and that upon her decease the said Trustee divide the said principal of said Trust together with the income accrued thereon into as many parts as my said daughter shall leave children her surviving, the issue of any deceased child of my said daughter counting one in making such division and pay the income of one of such portions to each of her said children until he or she shall attain the age of twenty one years, in which event, the principal of such portion shall be paid to him or her.

“In the event any of her children shall die before attaining the age of twenty one years without leaving issue the portion which he or she would have received if living at that age, shall be divided, added to and disposed of as part of the portions of the other children surviving or of their issue if deceased.

“The issue of any deceased child of my said daughter shall in every event take what its parent would have taken if living at the time of the decease of my daughter.

“Fourth: I authorize and empower my Executors or any of them who may qualify as such Executors their survivor or survivors, successor or successors to sell and convey at Public Auction or private sale and upon such terms as they may approve any or all of the real or personal estate of which I shall die possessed wheresoever the same may be situate.

“Fifth: I authorize and empower my Trustee hereinbefore named or its successor in said Trust, to hold and retain any security, bonds, stocks or investments of which I shall die possessed as part of the said Trust fund to be held by it under this my Will.

“Sixth: I hereby nominate and appoint my friends Elias C. Benedict, William Bispham and John H. Magonigle, all of New York City, Executors of this my last Will and Testament hereby revoking all other and former Wills by me made and I request that no bond or other security be required from my said Executors for the faithful performance of their trust.

“In Witness Whereof I have hereunto signed my name and affixed my seal this Fifteenth day of June A.D. 1892.

“EDWIN T. BOOTH.”

WILL OF DAVID J. BREWER

David J. Brewer, late Chief Justice of the United States, died on March 29, 1910.

His will, together with a codicil thereto, is as follows:

“In the name of God; Amen--

“I David J. Brewer being of sound mind & memory do make publish & declare the following to be my last will & testament--

“Item First--

“I give & devise my home No. 1923--16th Str. N. W. Washington D.C. to my wife Emma M. Brewer--the legal title is now in her--Probably this is sufficient, but as most of the cost was paid by me, I make this devise to avoid all question--

“Item Second--

“I give devise & bequeath to my daughters Harriet B. Jetmore, Henrietta B. Karrick & Elizabeth B. Wells, share & share alike, my cottage at Thompson’s Point with all the personal property in or connected with it--On the 35th anniversary of my marriage to my then wife Louise L. Brewer I deeded this property to her--whether such a deed from husband to wife is good under the laws of Vermont I do not know & so make this devise & bequest to avoid all question of our children’s full title--

“Item Third--

“I have $30,000 life insurance which was made payable to my wife Louise L. Brewer--I find in the several policies different provisions respecting the beneficiaries in case of her death--To carry out the intent with which these policies were taken out I give & bequeath to my said daughters, share and share alike, those policies & all sums which may be due thereon--The policy in the N. Y. Mutual provides for a 20 year 5 per ct. gold bond--I desire that this be taken out in the name of Harriet B. Jetmore & be her share in said life insurance--I prefer a registered bond if obtainable--

“Item Fourth--

“I give & bequeath to my wife Emma M. Brewer all the furniture, including therein pictures, in my home, which has been purchased since our marriage--

“Item Fifth--

“I give & bequeath all other personal property to my said daughters share & share alike--

“I appoint my wife Emma M. Brewer & my son in law James L. Karrick to execute this my will & desire that no bonds be required of them.

“In witness whereof I have hereto signed my name this 25th day of Oct., 1906.

“DAVID J. BREWER.”

CODICIL TO THE FOREGOING WILL

“I David J. Brewer the testator in said will attach thereto & make the following additional provisions--

“Item (1) The gold watch given me by the lawyers of Leavenworth County, I give unto my grandson David Brewer Karrick--the watch given me by my wife Emma M. Brewer I give to her grandnephew David Brewer Hall--the ring I wear on the little finger of my left hand given me by my wife Louise L. Brewer I give to my grandson David Brewer Jetmore--my scrap books & the books edited by me as well as the bound volumes of my talks & writings I give to my daughter Etta B. Karrick--the Bible given me by my wife Louise L. Brewer I give to my granddaughter Harriet Louise Jetmore--Out of my other personal property I wish my executor & executrix to select for each of my grandchildren not specifically named herein some suitable article as a special gift from grandfather--

“Item (2) I wish to be buried in Leavenworth by the side of my wife Louise L. Brewer--

“Item (3) In case of the death of my wife Emma M. Brewer before my own death then I direct that all the gifts to her are annulled & revoked & my entire property with the special bequests excepted I give devise & bequeath to my daughters share & share alike--In witness whereof I have hereto set my hand & seal this 7th day of March 1908.

“DAVID J. BREWER.”

WILL OF AARON BURR

Aaron Burr died September 14, 1836. His will is in part as follows:

“I, Aaron Burr, of the City of New York, now residing at number 23 Nassau Street, do make and publish this my Last Will and Testament as follows: I appoint Matthew L. Davis, Peter Townsend, and Henry P. Edwards, Attorney and Counsellor at Law, my Executors. I give the charge and custody of my private papers to the said M. L. Davis, to be disposed of at his discretion. I propose in a Codicil to be hereunto annexed to give a list of my debts, and to point out the resources from which they are to be paid, and I authorize my said Executors to settle all suits and claims which I may have against any person whatsoever, and to give receipts and acquittances thereupon, and to sell any land or real estate to which I may be entitled at the time of my death, and to give deeds therefor. And I do hereby revoke and annul all former and other Wills and Testaments by me made. In Testimony whereof I have hereunto subscribed my name, this twenty-first day of April, in the year of our Lord one thousand eight hundred and thirty four.

“A. BURR.”

“Witnesses:

“Charles F. Hill,

“Henry Oscar Taylor.”

* * * * *

There are three codicils of considerable length to this will. A part of one codicil reads as follows:

“I direct that all my private papers, except my law papers appertaining to suits now depending, be delivered to my friend, Matthew L. Davis, Esq., to be disposed of at his discretion, directing him nevertheless to destroy or to deliver to the parties interested, all such as may in his estimation be calculated to affect injuriously the feelings of individuals against whom I have no complaint.”

Another item reads:

“I give to my friend and kinsman, Theodosia Provost, the picture of my daughter, which is enamelled on a china cup, which is believed to be in the upper drawer of my yellow desk.”

WILL OF BENJAMIN F. BUTLER

Benjamin F. Butler died January 11, 1893. A copy of his will, together with a codicil thereto, is as follows:

“In the Name of God Amen. I, Benjamin F. Butler of Lowell, Esquire, being of sound and disposing mind and memory do make and publish this my last will and testament.

“First. After payment of all my just debts and liens--upon my estate I direct as much thereof as will raise the sum of one hundred and forty dollars <u>nett</u> income to be securely invested and said amount paid semi-annually to my Mother Charlotte Butler, which with the Estate upon Willow Street, of which I have given her a life lease upon a nominal Rent is all that I feel myself able to secure to my Mother for her declining years, and I hope and trust that my brother Andrew will add enough to make her independent as I have endeavored to relieve her from want. This sum to be paid her during her natural life or <u>untill</u> she shall <u>recieve</u> a pension from Government equal at least to such sum during her said life.

“Second. All the rest and residue of my estate real personal or mixed, saving some specific legacies I bequeath and devise as follows: The use and improvement of one entire and just third thereof to my wife Sarah H. Butler during her natural life whether she shall remain sole after my decease or marry again. But in case of her marriage then to be her <u>seperate</u> estate free from all control of her husband.

“Third. The remainder of my estate is to be equally divided between the children of myself and wife _in esse_ at the time of my decease. The portion thereof which may go to any female child of mine to be her own <u>seperate</u> estate and free from all control of her husband whensoever she may marry.

“Fourth. To my Brother Andrew my seal ring with my love in token of affection.

“Fifth. To F. A. Hildreth my watch & chain and I commend to his care my wife and children; he knows my affairs and will deal justly by them; and,

“Lastly, I appoint my beloved wife sole executrix of this my last will & testament with full faith that right will be done to all.

“Signed, sealed and published as my last will and testament in presence of the <u>witness</u> whose names are hereto affixed this third day of July in the year one thousand eight hundred and fifty four.

“BENJ. F. BUTLER.”

“Be it remembered that I, Benj. F. Butler, the above named testator being about to depart upon a dangerous service do alter this my last will and testament in this. Having sold the estate on Willow Street herein spoken of and bought another whereon my mother now lives, consisting of two houses one of which is now rented, I devise and bequeath to my Mother the use and improvement of all said estate during her natural life instead of the estate sold. This with the sum of money bequeathed to her or her pension will take care of her in comfort during her life.

“Witness my hand and seal, published as my last will and codicil this twentieth day of February in the year one thousand eight hundred and sixty two.

“BENJ. F. BUTLER.”

WILL OF SALMON P. CHASE

Salmon P. Chase died May 7, 1873. A copy of his will is as follows:

“I appoint Henry D. Cooke of Washington, sole Executor of this my last Will and Testament.

“I require that all my just debts be paid and discharged from the assets which will come into his hands.

“Of the residue it is my will that an income at Seven per cent on Six Thousand Dollars be paid to my Niece, Jane Auld, during her life, and that if her daughters survive her that the principal thereof be paid to them equally.

“It is my further will that of the residue of my Estate there be transferred to the Wilberforce University, Nine Thousand Dollars, in a bond or bonds of the Western Union Telegraph Company, and One Thousand Dollars in a bond of the Cleveland and Pittsburg Railroad Company; and to Dartmouth College Three Thousand Dollars in the bonds of the Washington and Georgetown Railroad Company, and Seven Thousand Dollars in the bonds of the Warren and Franklin Railroad Company.

“It is my will that whatever sum may be due to me from my late brother Edward I. Chase, may be wholly remitted to his widow and administratrix, of Lockport, N.Y.

“I bequeath the picture of Chief Justice Marshall, presented to me by the members of the Bar and other citizens of New York, to the United States for the use of the Supreme Court.

“It is my will that the remainder of my Estate be distributed in equal parts to my two dear Children, Katharine Chase Sprague and Janet Ralston Chase.

“I commit my Soul to the mercies of God, in Christ Jesus our Saviour, through the Holy Spirit.

“Signed and sealed in the presence of Jacobs W. Schuckers and R. C. Parsons as my last Will and Testament this 19th day of November in the year of Our Lord One Thousand Eight Hundred and Seventy.

“S. P. CHASE.”

WILL OF HENRY CLAY

Henry Clay died June 29, 1852. After the usual formal opening, his will has the following provision:

“I give and devise to my wife during her life, the use and occupation of Ashland, with the exception of the piece thereof hereinafter devised to my son John, and also during her life all my slaves except those heretofore or hereinafter otherwise disposed of without her being liable to any account for the profits thereof. I also give to her in fee all my furniture, plate, paintings, library, carriages and Horses, and such of my other horses, mules, working beasts, Milch Cows and other live stock as she may select and choose to retain but upon this condition nevertheless, that either during her life, or by her last Will and Testament she dispose of the same among our children and our other descendants in such way as she may think proper according to her own sense of their kindness, affection and obedience to her. If she die without making such disposition the same is to be considered as part of my residuary estate.

“Should my wife not desire to reside at Ashland after my death I will and direct that a house and lot be purchased, built, or rented for her wherever she may prefer to dwell.”

The next provision invests his executors with full power and authority to sell and convey any part of his estate wherever situated, which is not in the will specifically devised or bequeathed. He next directs that in the event of the sale of his Ashland property, the proceeds shall be loaned out upon good and sufficient security, and that the interest accruing thereon be regularly paid to his wife during her life, and upon her death, the property in trust should pass into his residuary estate after the payment of the legacies mentioned in the will.