Chapter VII: Wills of Famous Americans (2)

Unto his son Thomas, he devises the place known as Mansfield, where the son resided, in trust, however, that it should be retained free from all debts or encumbrances as a residence for the son and his wife and children.

There is given to the son, Thomas, the sum of five thousand dollars, and he was acquitted from any debts which he owed the testator.

Unto his son John, he gives two hundred acres of the Ashland estate, to be taken off the south side thereof. He also gives to his son John, certain slaves, Harvey, Milton, Henry and Bob. There is also a gift to the son John, of certain horses, particularly “Margaret Woods and her Harold filly.”

The next reference is to his son Theodore, and he directs that “during his unhappy alienation of mind, he shall be decently and comfortably supported in whatever situation it may be deemed best to place him. If it should please God to restore him to reason, I will and direct that after the death of my wife, out of the proceeds of the sale of Ashland and other property herein directed to be sold the sum of ten thousand dollars be paid to him without interest.”

Unto the children “of my lamented Daughter Anne,” he gives the sum of seven thousand five hundred dollars, to be equally divided between them to be paid without interest after the death of his wife.

Unto the children of his son Henry, he gives the sum of seven thousand five hundred dollars, in addition to what had been given their father, to be equally divided between them.

Certain general provisions of the will are as follows:

“I give to my son Thomas my stock in the Lexington and Richmond Turnpike Road Company.

“I give to my grandson Henry, son of Henry, my breast pin containing his Father’s hair.

“I give to my grandson Henry Boyle, son of my son Thomas, the gold watch which I wear presented to me by my friend Dr. Mercer.

“I give to my friend Dr. B. W. Dudley the gold snuff box presented to me by Dr. Huntt late of Washington City.

“I give to my friend Dr. W. N. Mercer my snuff box inlaid with gold said to have belonged to Peter, the great Emperor of Russia.

“I give to my friend Henry T. Duncan my ring containing a piece of the Coffin of General Washington.

“I give to my granddaughter Lucy my diamond gold ring.

“I give to each of my sons Thomas, James and John one of my walking canes to be chosen by them in the order in which I have named them; my wife may distribute the residue of my walking canes and snuff boxes among such of our descendants or friends as she may think proper.”

The next item of interest in the will is with reference to the slaves owned by Mr. Clay, and as it reflects his views upon the subject of slavery, we quote it in full:

“In the sale of any of my slaves I direct that the members of families shall not be separated without their consent.

“My will is and I accordingly direct that the issue of all my female slaves, which may be born after the first day of January, 1850 shall be free at the respective ages of the males at twenty eight and of the females at twenty five and that the three years next preceding their arrival at the age of freedom, they shall be entitled to their hire or wages for those years or the fair value of their services to defray the expense of transporting them to One of the African Colonies and of furnishing them with an outfit on their arrival there. And I further direct that they be taught to read, to write and to Cipher, and that they be sent to Africa. I further will and direct that the issue of any of the females who are so to be entitled to their freedom at the age of twenty five shall be deemed free from their birth, and that they be bound out as apprentices to learn farming or some useful trade upon the condition also of being taught to read, to write and to Cipher. And I direct also that the age of twenty one having been attained, they shall be sent to one of the African Colonies; to raise the necessary funds for which purpose, if they shall not have previously earned them, they must be hired out a sufficient length of time.

“I request and enjoin my Executors and descendants to pay particular attention to the execution of this provision of my will, and if they should sell any of the females who or whose issue are to be free I especially desire them to guard carefully the rights of such issue by all suitable stipulations and sanctions in the contract of sale. But I hope that it may not be necessary to sell any such persons who are to be entitled to their freedom but that they may be retained in the possession of some of my descendants.”

All the rest, residue and remainder of his estate, after the death of his wife, and which is not needed to pay the legacies mentioned, nor for debts,--and he states, “I hope to leave none,”--he directs shall create a trust fund, a portion of the revenue from which shall be used for the comfortable support of his son Theodore; the remainder to be divided in equal portions between the sons Thomas and James during their lives, and to their respective heirs upon their deaths. He directs that the trust fund shall be invested in loans upon good security, so that the interest may be collected annually, and the sons Thomas and James are permitted to borrow the trust fund upon proper security. The sons Thomas and James are given the power to dispose of the trust fund by will, but in default of wills, the same shall pass to their heirs, under the Kentucky law.

Within five years after the death of the testator, the Trustees are directed to place in the residuary estate the sum of ten thousand dollars, given to the son Theodore, if he fails to be restored to reason.

A codicil to the will is in the following words:

“I give to my grandson Harry Clay, son of James B. Clay my Scotch pebble seal which has on it the initials of my name.”

WILL OF SAMUEL L. CLEMENS (Mark Twain)

Samuel L. Clemens died April 21, 1910; his will is dated August 17, 1909. He directs the payment of his just debts and obligations, and his funeral expenses. Article Second reads:

“I give and bequeath to my daughter Clara Langdon Clemens, her heirs, executors, administrators and assigns absolutely, five per cent (5%) of any and all moneys which at the time of my death, may be on deposit to my credit, and subject to withdrawal on demand in any bank or trust company, or in any banking institution.”

Article Third is identical, except his daughter Jean Lampton Clemens is named.

Article Fourth provides that all the rest, residue and remainder of the estate shall vest in three trustees for certain trust purposes. The Executors and Trustees named are Jervis Langdon, of Elmira, New York, Edward E. Loomis and Zoheth S. Freeman, both of New York City, and no bond is to be required of them as Executors or Trustees.

The residuary estate is divided into two equal parts for the benefit of the daughters, they to receive respectively, one-half of the income as long as they live: each daughter is given the right to dispose of her part of the estate, but failing to do so, and leaving issue, then such issue to take the mother’s share: but either dying without issue surviving, without leaving a last will, then that share to be held by the trustees for the other daughter: and should either daughter become entitled to the whole estate by the death of the other, then the trustees, at her death, are to convey the whole trust estate to such persons as she may by will direct, but in the event the estate is not disposed of by will, then the trustees are to convey it to the next of kin of the surviving daughter.

Each executor and trustee is given one vote in determining questions of administration, and full power is given them in the management, control and disposition of the estate.

The last article of the will reads in part as follows:

“As I have expressed to my daughter Clara Langdon Clemens, and to my Associate, Albert Bigelow Paine, my ideas and desires regarding the administration of my literary productions, and as they are especially familiar with my wishes in that respect, I request that my executors and trustees above named confer and advise with my said daughter Clara Langdon Clemens, and the said Albert Bigelow Paine, as to all matters relating in any way to the control, management and disposition of my literary productions, published and unpublished, and all my literary articles and memoranda of every kind and description, and generally as to all matters which pertain to copyrights and such other literary property as I may leave at the time of my decease.”

The testator then states that the foregoing suggestion as to consultation is subject to a contract with Albert Bigelow Paine for the publication of his letters and in full recognition thereof, and also subject to a contract with Albert Bigelow Paine and Harper Brothers with reference to his biography.

The testator’s daughters are the sole beneficiaries under the will.

WILL OF GROVER CLEVELAND

Ex-President Grover Cleveland died June 24, 1908. The following is an abstract of the copy of his will, dated at Princeton, New Jersey, February 21, 1906, which is on file in the Office of the Register of Wills, Washington, D.C.

He directs that after the payment of all debts and funeral expenses, an appropriate monument with brief inscription, and only moderately expensive, be erected at his grave and paid for out of his estate. “I desire to be buried wherever I may reside at the time of my death, and that my body shall always remain where it shall be at first buried--subject to its removal only if it shall be absolutely necessary in order that it shall repose by the side of my wife and in accordance with her desire.”

He gives to his niece Mary Hastings, daughter of his sister Anna Hastings, the sum of three thousand dollars to be paid to her as soon as practicable after his death; and to each of the four daughters of his nephew Richard Hastings, then or lately living with his sister Anna Hastings, the sum of two thousand dollars each.

“_Third._ I give to my friend Richard Watson Gilder, the watch given to me in 1893 by the said Gilder and E. C. Benedict and J. J. Sinclair--and also the chain attached to the same when last worn by me.”

“_Fifth._ I give to Frank S. Hastings, my good friend and Executor of this will, as the most personal memento I can leave to him, the seal ring I have worn for many years, which was given to me by my dear wife, and with whose hearty concurrence this gift is made.”

To his two daughters Esther and Marion, and his two sons, Richard F. and Francis G., he bequeaths the sum of two thousand dollars each, to be paid to them respectively as they each arrive at the age of twenty-one years, and until these legacies are paid, or shall lapse, they shall be kept invested, and the income derived therefrom shall be paid to his wife, and the aggregate of said income, shall be applied by her to the support, maintenance and education of the said children in such manner and in such proportions as she shall deem best, without any liability to any of said children on account thereof. If any of the said daughters, shall before her legacy becomes payable, cease for any reason to reside with her mother, then and from that time, the income arising from the investment of her legacy, shall be paid to said daughter. In case any of the said children shall die before his or her legacy shall be actually paid, leaving a child or children, then said legacy shall be paid to said child or children, but otherwise the said legacy shall lapse and become a part of the residuary estate disposed of by the instrument.

All the rest and residue of his estate and property he gives to his dear wife Frances F. Cleveland and to her heirs and assigns forever; and he appoints her guardian of all his children during their minority.

“_Eighth._ I hereby appoint my wife Frances F. Cleveland Executrix, and Frank S. Hastings Executor of this my last will and testament.”

WILL OF ROSCOE CONKLING

Roscoe Conkling died April 18, 1888. His will is as follows:

“I, Roscoe Conkling of Utica, N.Y., do make, publish and declare my last Will and Testament as follows:

“I give, devise and bequeath to my wife Julia, and to her heirs and assigns forever, all my property and estate whether real, personal or mixed, and I constitute and appoint my said wife sole executrix of this my Will.

“In Testimony whereof, I hereto sign my name this 21st of June, A.D. 1867.

“ROSCOE CONKLING.”

WILL OF WILLIAM W. CORCORAN

William W. Corcoran died February 24, 1888. By his will, after numerous bequests and legacies to friends and relatives, he gives the sum of seventeen thousand dollars to charitable institutions in the City of Washington, D.C., and adds, “All these sums to be held and invested by the institutions to which they are severally given, and a sufficient part of the income therefrom used to furnish the inmates with the usual Christmas and strawberry festivals and feasts, commenced by my daughter about forty years ago, and continued by me to the present time.”

A cane given to the testator by the widow of General Robert E. Lee, he gives to his eldest grandson, William Corcoran Eustis, as well as his diamond shirt studs and his library.

To his grandson, George Peabody Eustis, he gives his Palmetto cane, presented to him by the citizens of South Carolina in 1874.

The celebrated Corcoran Gallery of Art in Washington, is remembered in the following language:

“In addition to the gifts heretofore made by me to ‘The Trustees of the Corcoran Gallery of Art’ in the City of Washington, and now being enjoyed by said Gallery, and which amount to about the sum of $1,500,000, I give and bequeath to ‘The Trustees of the Corcoran Gallery of Art,’ in the District of Columbia, the sum of One Hundred Thousand Dollars to be applied by said Trustees, for the purposes of said Gallery, according to a request which I shall make in writing to said Trustees.”

To the Trustees of the Louise Home of the City of Washington, D.C., he gives the sum of fifty thousand dollars, which he states is in addition to the sum of five hundred thousand dollars, already given to said institution.

To his grandson, William Corcoran Eustis, he gives “the old brick house on Bridge Street in Georgetown, D.C., built in the year 1791 by my father, and in which I was born,” with the request that the same be not sold, but that the devisee pass it by will to his eldest son.

The rest of his estate he directs shall, from time to time, be divided between his grandchildren.

The will concludes with the following items:

“I give and bequeath to my barber George Gray, the sum of One Hundred Dollars.”

“I hereby direct that all my horsehaired furniture shall be equally divided between my said grandchildren.”

WILL OF JEFFERSON DAVIS

Jefferson Davis died at New Orleans, Louisiana, December 6, 1889. His will is as follows:

“I, Jefferson Davis, of the County of Harrison and State of Mississippi, being of sound and disposing mind, but of such advanced age, as to suggest a near approach of death, do make this my last Will and Testament, written with my own hand and signed in the presence of three competent witnesses.

“1. I give and bequeath to my wife Varina Davis, all of my personal belongings, including library, furniture, correspondence and the Brierfield plantation (proper) with all its appurtenances, being and situated in the County of Warren, State of Mississippi, and being the same on which we lived and toiled together for many years from the time of our marriage.

“2. I give and bequeath to Mary Routh Ellis of Philadelphia, Penn., all of my right, title and interest in and to the ‘Elliston’ plantation, being and situated in the Parish of Tensas, State of Louisiana, the same being the place on which her Father resided.

“3. I give and bequeath to Mary Ridgely Dorsey, eldest daughter of William H. G. Dorsey, of Howard County, State of Maryland, all of my right, title and interest in and to the ‘Limerick’ plantation, being and situated in the Parish of Tensas, State of Louisiana, viz. the interest in and to so much of said plantation as was the property of the late Mrs. Sarah A. Dorsey.

“4. I give and bequeath to my daughter Varina Anne Davis, all the other property, real, personal and mixed, which was inherited by me from Mrs. Sarah A. Dorsey, deceased, and of which I may die seized and possessed.

“5. To my wife, Varina Davis, and to my daughters Margaret Davis Hayes, and Varina Anne Davis, as residuary Legatees, I give and bequeath all the property real, personal and mixed of which I may die seized and possessed, and which has not been disposed of by the preceding articles.

“6. I appoint my tried and true friend Jacob U. Payne, of New Orleans, La. and my son in law, J. Addison Hayes, Jr., of Memphis, Tenn. Executors of this my last Will and Testament, they to serve without bond, and to have immediate seizure and possession of all my property cotemporaneously with the happening of my death, and to each I delegate the power to select and appoint his successor, to take effect in the contingency of the death of either, before the affairs of the estate have been finally settled.

“In testimony whereof this Will written by my own hand is signed on the day and date below written, and in the presence of Frank Kennedy, R. W. Foster and A. Evans.

“JEFFERSON DAVIS.

“Saturday 20th Feb. 1886.”

WILL OF STEPHEN A. DOUGLAS

Stephen A. Douglas died June 11, 1861. A copy of his will, together with a codicil thereto, is as follows:

“Know all men by these presents that I, Stephen A. Douglas of the City of Chicago and State of Illinois, in view of the uncertainty of life and the certainty of death at such time as an all wise Providence shall ordain, do hereby declare and subscribe the following as my will which I desire all persons to respect after my death, to wit:

“It is also my will after my said debts shall be paid, all the residue of my property, personal and real shall be divided by my executors into two equal parts, and that one part thereof shall belong to my two children, Robert M. Douglas and Stephen Douglas, and that the other part thereof, that is to say, one-half of all my property real and personal and of all moneys or debts due me shall belong to and is hereby declared to belong to my dear and beloved wife, Adele Cutts Douglas.

“It is also my will and positive direction that my said wife shall be and she is hereby declared to be the sole guardian of my said children, and that she shall have the possession, control and education of them until they shall respectively arrive at the age of twenty-one years, knowing her to be the best person in the world to perform this sacred trust.

“It is also my will that my said wife, Adele Cutts Douglas and my friend and relative, Daniel P. Rhodes, of Cleveland, Ohio, be and they are hereby declared my executors to carry this will into effect, and to that end I do hereby waive all legal process and letters of administration and dispense with any and all security on the part of my said executors and direct that they may proceed and execute this will the same that I could do were I alive.

“Having thus provided for all my worldly affairs, I commit my soul to God and ask the prayers of the good for His divine blessing.

“In testimony whereof I have hereunto set my hand and seal this 4th day of September A.D. 1857.

“S. A. DOUGLAS.”

CODICIL ADDED JULY 30, 1859

“Be it known that I, Stephen A. Douglas, do hereby add the following supplement to the above as my last will and testament, to wit: that in event that my said wife shall have any child or children by me, whether born before or after my death, it is my will and direction that in the distribution of my estate an amount of property shall first be set apart and allotted to said child or children equal to the amount which my other children will receive from their mother’s estate, and that the residue of my property after paying all just debts shall be divided into two equal parts and one of said parts shall belong to my said wife, to her sole use and benefit and the other to my said children, born or to be born as aforesaid, in equal proportions, it being my wish and intention that such children should inherit an equal amount of property with reference to the estate from which it shall be derived.

“In witness whereof I have hereunto set my hand and seal at the City of Washington, this 30th day of July, A.D. 1859.

“STEPHEN A. DOUGLAS.”

WILL OF MARY BAKER G. EDDY

Mary Baker G. Eddy died December 3, 1910. Up to the age of fifty, her life had been a complete failure, filled with domestic misfortunes and discouraging experiences. She was an exception to the rule, that the leaders of great religious systems and reforms have been men. That late in life she exerted an astonishing influence, both in spiritual and material affairs, gained a prodigious success, and developed a wonderful personality, the world is willing to admit. Her recent death, and the popular interest in her life work and leadership in the Christian Science Church, justify the insertion of her will in full. This document is duly attested by four witnesses, the two codicils thereto each having three.

“Be it known that I, Mary Baker G. Eddy, of Concord, New Hampshire, being of sound and disposing mind and memory, do make, publish and declare this to be my last will and testament in manner and form following, that is to say;

“1. I hereby nominate and appoint Honorable Henry M. Baker, of Bow, New Hampshire, sole executor of this my last will and testament; and, having ample confidence in his ability and integrity, I desire that he shall not be required to furnish sureties on his official bond.

“2. Having already transferred and given to my son, George W. Glover, of Lead City, South Dakota, four certain mortgage deeds bought of the Farmers’ Loan and Trust Company, of the State of Kansas, and having already given him a house and lot located in Lead City, South Dakota, and monies at various times, I hereby confirm and ratify said transfers and gifts, and, in addition thereto, I give and bequeath to my said son, George W. Glover, the sum of ten thousand dollars.

“3. I give and bequeath to George H. Moore, of Concord, New Hampshire, the sum of one thousand dollars; to each of the five children of my son, George W. Glover, the sum of ten thousand dollars; to Mrs. Mary A. Baker, of Boston, Massachusetts, widow of my late brother, the sum of five thousand dollars; to Frances A. Baker, of Concord, New Hampshire, the sum of one thousand dollars; to Henrietta E. Chanfrau, of Philadelphia, Penn., the sum of one thousand dollars; to Fred N. Ladd, of Concord, New Hampshire, the sum of three thousand dollars; to my adopted son, Benjamin J. Foster, M.D., the sum of five thousand dollars; to Calvin A. Frye, of Concord, New Hampshire, the sum of ten thousand dollars, provided he continues in my service to the date of my decease; to Pauline Mann, of Concord, New Hampshire, the sum of one thousand dollars, provided she continues in my service to the date of my decease; to Joseph G. Mann, of Concord, New Hampshire, three thousand dollars, provided he continues in my service to the date of my decease; to Laura E. Sargent, of Concord, New Hampshire, three thousand dollars, provided she continues in my service to the date of my decease.

“4. I give and bequeath to the Mother Church--First Church of Christ, Scientist, in Boston, Massachusetts, the sum of fifty thousand dollars.

“5. I give and devise to Calvin A. Frye and Joseph G. Mann, above named, provided they shall respectively remain in my service to the date of my decease, the right, during the term of their respective natural lives, to occupy and use my homestead and grounds called ‘Pleasant View,’ in Concord, New Hampshire, as their residence and home, but the rights hereby conditionally granted to said Frye and Mann shall not be assignable to any other person. Said homestead and grounds connected therewith shall not be leased to, or occupied by, any persons, except as herein provided. No part of said homestead, or lands connected therewith, shall be devoted to any other uses or purposes than those of a home for said Frye and Mann during their respective lives (provided they respectively remain in my service to the date of my decease) and a home for my grandchildren according to the terms of this will and, after the termination of the rights of said Frye and Mann and my grandchildren as herein provided, as a place for the reception, entertainment, and care of Christian Science visitors and their friends, and to such other purposes looking to the general advancement of the Christian Science religion as may be deemed best by the residuary legatee. All the personal property, except my jewelry, in and about said homestead and lands shall be kept and carefully used on said premises.

“In my contract with Edward A. Kimball of Chicago, dated October 9, 1899, provision is made for the creation of a trust fund for the purpose of procuring an annual revenue or income which shall be used for maintaining in a perpetual state of repair my said homestead. A further provision is also made for that purpose in said contract. If, for any reason, sufficient funds for such purposes shall not be provided from the sources named in said contract, then I direct that my residuary legatee shall provide and expend such sums, from time to time, as may be necessary for the purpose of maintaining said homestead and grounds in a perpetual state of repair and cultivation.

“I hereby give and devise to my grandson, George W. Glover, Jr., the right and privilege of living and having a home at Pleasant View and of being supported therein in a reasonable manner at the expense of my estate while he is obtaining his education preparatory to admission to Dartmouth College, provided he shall select and choose to obtain his education at that institution. I also direct my executor to pay all of said George W. Glover, Jr.’s, reasonable expenses while at said college, giving him, in the meantime, the privilege of a home at Pleasant View.

“I also give and devise to my granddaughters the right and privilege of living and having a home at Pleasant View, and of being supported therein in a reasonable manner at the expense of my estate, while they, or either of them, are obtaining a high school education, provided they, or either of them, desire the advantages of such course.

“6. I give and bequeath to the Christian Science Board of Directors of the Mother Church--The First Church of Christ, Scientist, in Boston, Massachusetts--and their successors in office, the sum of one hundred thousand dollars, but, nevertheless, in trust for the following purposes, namely; said trustees shall hold, invest, and reinvest the principal of said fund and conservatively manage the same, and shall use the income and such portion of the principal, from time to time, as they may deem best, for the purpose of providing free instruction for indigent, well-educated, worthy Christian Scientists at the Massachusetts Metaphysical College and to aid them thereafter until they can maintain themselves in some department of Christian Science.

“I desire that the instruction for which provision is hereby made shall be at the said College, but my said trustees are hereby authorized to provide said instruction elsewhere, if, in the unanimous judgment of all said trustees for the time being, such course shall seem best. The judgment and discretion of said trustees with reference to the persons to be aided as herein provided and the amount of aid furnished to each of said persons shall be final and conclusive.

“7. I hereby ratify and confirm the following trust agreements and declarations, viz.

“(1) The deed of trust dated September 1, 1892, conveying land for church edifice in Boston and on which the building of the First Church of Christ, Scientist, now stands.

“(2) The trust agreement dated January 25, 1898, conveying to Edward P. Bates, James A. Neal, and William P. McKenzie, and their successors, the property conveyed to me by the Christian Science Publishing Society, by bill of sale dated January 21, 1898, the said trust being created for the purpose of more effectually promoting and extending the religion of Christian Science as taught by me.

“(3) The trust agreement dated February 12, 1898, specifying the objects, purposes, terms, and conditions on which the First Church of Christ, Scientist, in Boston, Massachusetts, shall hold the real estate situated at #385 Commonwealth Avenue, in Boston, Massachusetts, which was conveyed by me to said church on said February 12, 1898.

“(4) The trust agreement dated January 31, 1898, whereby certain real estate was conveyed to George H. Moore, Calvin A. Frye, and Ezra M. Buswell, and their successors, and, in addition thereto, the sum of one hundred thousand dollars, for the purpose of a Christian Science church to be erected on said real estate.

“(5) The trust agreement dated May 20, 1898, under which the sum of four thousand dollars was transferred to The First Church of Christ, Scientist, in Boston, for the benefit of the children contributors of the Mother’s room in said church.

“(6) The deed of trust dated December 21, 1895, transferring five hundred dollars to the trustees of Park Cemetery Association of Tilton, New Hampshire.

“8. I give, bequeath and devise all the rest, residue and remainder of my estate, of every kind and description, to the Mother Church--The First Church of Christ, Scientist, in Boston, Massachusetts, in trust for the following general purposes; I desire that such portion of the income of my residuary estate as may be necessary shall be used for the purpose of keeping in repair the church building and my former house at #385 Commonwealth Avenue in said Boston, which has been transferred to said Mother Church, and any building or buildings which may be, by necessity or convenience, substituted therefor; and, so far as may be necessary, to maintain my said homestead and grounds (‘Pleasant View’ in Concord, New Hampshire) in a perpetual state of repair and cultivation for the uses and purposes heretofore in this will expressed; and I desire that the balance of said income, and such portion of the principal as may be deemed wise, shall be devoted and used by said residuary legatee for the purpose of more effectually promoting and extending the religion of Christian Science as taught by me.

“Witness my hand and seal this thirteenth day of September, A.D. 1901.

“MARY B. G. EDDY.”

“Be it known that I, Mary Baker G. Eddy, of Concord, New Hampshire, do hereby make, publish and declare a codicil to my last will and testament, originally dated September 13, 1901, a duplicate of said will having been this day reëxecuted by me upon the discovery of the loss of the original, dated September 13, 1901, as aforesaid, in manner following, namely;

“1. I hereby revoke the bequest, in paragraph numbered 5 of my said will, to Joseph G. Mann, of the right to occupy with Calvin A. Frye my homestead premises known as ‘Pleasant View,’ during the lifetime of the said Mann, and I hereby bequeath unto Irving C. Tomlinson, of Concord, New Hampshire, and to his sister Mary E. Tomlinson the right during the term of their respective lives to occupy and use as a home said premises known as ‘Pleasant View,’ said occupancy and use by them to be personal to them and not assignable to any other person by them or either of them and shall be exercised with due regard to the rights of other persons named in said will, excepting said Mann, to occupy and enjoy said premises.

“2. I give and bequeath to Laura E. Sargent the sum of five thousand dollars ($5000), this legacy to be in lieu of the legacy provided for her in paragraph numbered 3 of my said will, and to be unconditional.

“3. I give, devise and bequeath to the Second Church of Christ, Scientist, in New York City, a sum not exceeding one hundred and seventy-five thousand dollars ($175,000) sufficient to pay the indebtedness which may exist at the time of my decease upon the church edifice of said Second Church of Christ, Scientist, and direct that said sum of one hundred and seventy-five thousand dollars ($175,000), or so much thereof as may be necessary for the purpose, shall be applied as soon as may be after my decease to or towards the extinguishment of said indebtedness; if the amount required for this purpose shall not be as much as one hundred and seventy-five thousand dollars ($175,000), then this legacy shall be limited to the amount actually required.

“4. I give and bequeath to Mrs. Pamelia J. Leonard, of Brooklyn, New York, the sum of three thousand dollars ($3000); to Mrs. Augusta E. Stetson, of New York City, my “crown of diamonds” breastpin; to Mrs. Laura Lathrop, of New York City, my diamond cross; to Mrs. Rose Kent, of Jamestown, New York, my gold watch and chain; and to Henry M. Baker, of Bow, New Hampshire, my portrait set in diamonds.

“5. Mrs. Mary A. Baker, to whom I have bequeathed five thousand dollars (5000), by my will, having deceased since the original execution of said will on September, 13, 1901, I hereby revoke the legacy therein provided for her.

“6. The bequest in my will to Calvin A. Frye is hereby increased to twenty thousand dollars, but subject to the same condition as therein provided.

“I hereby ratify and reaffirm my will as originally executed on September 13, 1901, and as again executed this day, in all respects except as herein modified.

“In witness whereof I have hereunto set my hand and seal at Concord, New Hampshire, this seventh day of November, A.D. 1903.

“MARY BAKER G. EDDY.”

“Be it known that I, Mary Baker G. Eddy, of Concord, New Hampshire, do hereby make, publish, and declare this second codicil to my last will and testament originally dated September 13, 1901, a duplicate of said will having been reëxecuted by me on November 7, 1903, in manner following, namely;

“1. I hereby direct and require that the executor of my will shall sell, within three months after his appointment, at public auction or, if he sees fit, at private sale, for such price as he may determine upon and to such purchaser as he may see fit, my real estate in said Concord known as ‘Pleasant View,’ consisting of my homestead and the grounds occupied in connection therewith, and I hereby direct that the proceeds of such sale shall be forthwith paid over to the Directors of the First Church of Christ, Scientist, in Boston, Massachusetts, to be used for such purposes in connection with said Church as said Directors may determine. Nothing contained in my will or codicils thereto shall be considered inconsistent with said Church purchasing said real estate, if the Directors may consider it desirable so to do.

“I hereby revoke the provisions of my will and first codicil providing for the occupancy of said real estate by various persons, the preservation and maintenance thereof at the expense of my estate, and all other provisions of my will and codicil inconsistent with the foregoing direction to my executor to sell said real estate.

“2. I hereby give and bequeath to The First Church of Christ, Scientist, in Boston, Massachusetts, all the contents of my said homestead and of the other buildings at ‘Pleasant View,’--except so far as any of the same may be specifically bequeathed in my will and codicils thereto, which specific bequests I do not modify by this provision,--the same to be kept or disposed of as may be determined by the Directors of said Church; but I direct that Calvin A. Frye shall have the privilege of selecting from said articles such keepsakes or mementos, not exceeding in intrinsic value the sum of five hundred dollars, as he may desire, and I give and bequeath the same to him when so selected.

“3. I hereby direct that said Calvin A. Frye shall be provided with a suitable home in my house at No. 385 Commonwealth Avenue, Boston, if he so desires, he to have the exclusive occupancy of two furnished rooms therein, to be designated by my executor, and to have his board, suitable heat, light, and all other things necessary for his comfortable occupancy of said premises during his natural life, the expense thereof to be provided out of the income from the residue of my estate which I have left to said The First Church of Christ, Scientist, in Boston, Massachusetts.

“4. I give and bequeath to Lydia B. Hall, of Brockton, Massachusetts, the sum of one thousand dollars.

“5. I give and bequeath to Irving C. Tomlinson, of said Concord, the note which I hold signed by him, it being my intention hereby to release him from said indebtedness.

“In all other respects except as herein specified, I hereby ratify and reaffirm my will and codicil above mentioned.

“In witness whereof I have hereunto set my hand and seal at Concord, New Hampshire, this fourteenth day of May, A.D. 1904.

“MARY BAKER G. EDDY.”

BURIAL OF MRS. MARY BAKER G. EDDY

On January 26, 1911, at Boston, in a concrete grave on the shores of Lake Halcyon, in Mount Auburn Cemetery, was deposited a bronze coffin containing the body of Mrs. Mary Baker G. Eddy, the founder of Christian Science.

On the coffin rested a bronze box inclosing a complete set of the works of Mrs. Eddy, together with all recent Christian Science publications, while the silver plate beneath gave her name and the dates of her birth and death.

The ceremony was attended by the directors of the church and a score of its strongest supports. Judge Clifford P. Smith, the first reader of the First Church, read the ninety-first Psalm and the last two verses in Jude which were read at the funeral December 8, 1910.

Then the grave was sealed. Later, the spot will be marked by a mausoleum.

Since the funeral service of Mrs. Eddy the bronze coffin had reposed in the receiving tomb at Mount Auburn, with a guard beside it day and night.

That guard was relieved shortly after noon Jan. 26, when half a dozen carriages rolled up to the door of the tomb, and an hour later the coffin was drawn out and placed on the bier.

The bronze plate covering the features of Mrs. Eddy was pushed back, and one by one the little party gazed for the last time on her face. It had changed but little in the seven weeks.

In the construction of the grave the skill of engineers was invoked to make it impervious to desecration, or even to decay. The coffin rests on four feet of concrete and is incased in steel uprights.

Upon it rests the copper box with the Christian Science literature, and above are alternate layers of concrete and steel network to the level of the turf.

WILL OF RALPH WALDO EMERSON

Ralph Waldo Emerson died at Concord, Massachusetts, April 27, 1882. His will is as follows:

“I, Ralph Waldo Emerson, of Concord, in the County of Middlesex and Commonwealth of Massachusetts, make this as my last will and testament, hereby revoking all other wills by me at any time made.

“First. (1) I give all my real estate, wherever situated, excepting only my house and homestead estate in Concord, equally to my three children Edward Waldo Emerson, Ellen Tucker Emerson and Edith Emerson Forbes, wife of William Hathaway Forbes of Milton, and their heirs. But the pasture land and wood land in Concord is given, subject to certain rights reserved for the benefit of my wife and my daughter Ellen, as hereinafter named.

“(2) I give my library to my three children equally. All my manuscripts and unpublished writings I give to my three children and the survivors and survivor of them in joint tenancy.

“(3) The copyright and plates and ownership of all my published writings I give to my son Edward; and I also assign to him for his own benefit all my contracts for the publication of said writings.

“(4) I give to my daughter Edith the book of selections known in my family as the ‘Black Anthology;’ and to the five children of my daughter Edith I give as follows:--to Ralph my watch, to Edith my bronze image of Goethe, to Cameron the cane cut at the Grotto of Egeria and given to me by my valued friend, Judge Hoar, to John my cane of teak wood, and to Edward my small brass candle-sticks and Roman lamp.

“(5) To the oldest child of my son Edward I give my sole leather trunk.

“(6) I give to my son Edward the sum of thirteen hundred dollars ($1300) and to my daughter Ellen the sum of twenty-three hundred dollars ($2300). In naming these sums and in not here giving any sum to my daughter Edith I am influenced by the fact that I have heretofore made certain advancements to Edith and to Edward at the time when they were married.

“Second.--As to all the residue and remainder of my property of every kind whatever, I give it as follows:

“(1) In case my wife should survive me (_a_) I give to my daughter Ellen the sum of three thousand dollars ($3000); and while I do not in this place give a like sum to Edward and my daughter Edith, because the immediate enjoyment of the property is likely to be of less importance to them, I nevertheless direct that in the final division of my property the share of Ellen shall contribute to each of the shares of Edward and Edith the sum of one thousand dollars as of the date of the payment of this legacy to Ellen; and (_b_) all the rest of said residue I give to my son Edward to hold it during his mother’s lifetime in trust for her benefit, to keep the income-bearing part of the property well invested, to pay all taxes and to make all necessary or proper repairs, and to pay over the net income and proceeds of the property, quarterly or oftener as may be convenient to my wife, during her life. As to the house and homestead estate in Concord and all the furniture, plate, pictures and other articles of household use or ornament therein, except what is herein otherwise disposed of, the trustee is to take care that my wife has the full use and enjoyment thereof during her life, and he shall also provide wood for her use at the house from the Concord woodlots and pasturage on the Concord farm for the cows.

“(2) In case my wife should not survive me, and also in the event of her death, if she should survive me, I give all the said residue of my property not otherwise disposed of, as aforesaid, equally to my three children and their heirs, executors and administrators. But I qualify this division in two particulars: first, the share of my daughter Ellen shall contribute to the shares of Edward and Edith in case of the payment of said legacy of three thousand dollars ($3000); and second, in addition to her one-third of the said residue of my property, I direct that my daughter Ellen shall have the right, during her lifetime and free from all charge or payment therefor, to occupy my said house and homestead estate and to have, from my other land in Concord, wood for her use at the house and pasturage for her cows; and also that if she should prefer not to occupy said house she shall have the right to take for her use elsewhere and as her own property, such part as she may select of the furniture, plate, pictures and other articles of household use or ornament in my house, not herein otherwise disposed of.

“Third.--I appoint my friend James Elliot Cabot to be my literary executor, giving him authority, acting in cooperation with my children or the survivors or survivor of them, to publish or to withhold from publication any of my unpublished papers.

“Fourth.--I appoint my son Edward Waldo Emerson and my son-in-law William A. Forbes to be the executors of my will; and in case of the death of either of them, whether before or after my death, I appoint my daughter Ellen to be executrix in his place.

“Fifth.--I request that neither of my executors or my trustee, herein named, shall be required to give surety on his official bond.

“In witness whereof I have hereunto set my hand and seal this fourteenth day of April in the year eighteen hundred and seventy-six.

“R. WALDO EMERSON.”

WILL OF EDWIN FORREST

Edwin Forrest died December 12, 1872, at his home in Philadelphia. He was regarded one of the ablest representatives of Shakespearian characters of the age in which he lived and died; he accumulated a large fortune. It will be recalled that his unfortunate quarrel with Macready resulted in 1849 in a riot in New York, which was accompanied by a serious loss of life. His will is dated April 5, 1866; there are two codicils, but they are of no very great importance. After making numerous bequests to friends and servants, the bulk of his large estate was directed to be placed in the hands of trustees, under an elaborate scheme “for the support and maintenance of actors and actresses decayed by age or disabled by infirmity.” The institution was to be known as “The Edwin Forrest Home.” His will is a most interesting and unique document, and for this reason the whole of that portion which created “The Edwin Forrest Home” is here exactly copied from the original.

“The following is an outline of my plan for said Home, which may be filled out in more detail by the charter and by-laws:

“ARTICLE I

“The said Institution shall be for the support and maintenance of actors and actresses decayed by age or disabled by infirmity, who, if natives of the United States, shall have served at least five years in the theatrical profession, and if of foreign birth shall have served in that profession at least ten years, whereof three years next previous to the application shall have been in the United States, and who shall in all things comply with the laws and regulations of the Home, otherwise be subject to be discharged by the Managers, whose decision shall be final.

“ARTICLE II

“The number of inmates in the Home shall never exceed the annual net rent and revenue of the Institution, and after the number of inmates therein shall exceed twelve, others to be admitted shall be such only as shall receive the approval of the majority of the inmates, as well as of the Managers.

“ARTICLE III

“The said Corporation shall be managed by a Board of Managers, seven in number, who shall in the first instance be chosen by the said Trustees and shall include themselves, so long as any of them shall be living, and also the Mayor of the City of Philadelphia for the time being, and as vacancies shall occur the existing Managers shall from time to time fill them, so that, if practicable, only one vacancy shall ever exist at a time.

“ARTICLE IV

“The Managers shall elect one of their number to be the President of the Institution, appoint a Treasurer and Secretary, Steward and Matron, and, if needed, a Clerk; the said Treasurer, Secretary, Steward, Matron and Clerk subject to be at any time discharged by the Managers. Except the Treasurer, the said officers may be chosen from the inmates of the Home, and the Treasurer shall not be a Manager, nor either of his sureties. The Managers shall also appoint a physician for the Home.

“ARTICLE V

“Should there be any failure of the Managers to fill any vacancy which may occur in their Board for three months, or should they in any respect fail to fulfill their trust according to the intent of my will and the charter of the Institution, it is my will that upon the petition of any two or more of said Managers, or of the Mayor of the City, the Orphans’ Court of Philadelphia County shall make such appointments to fill any vacancy or vacancies and all orders and decrees necessary to correct any failure or breach of trust which shall appear to said Court to be required, as in case of any other testamentary trust, so that the purposes of this charity may never fail or be abused.

“ARTICLE VI

“The purposes of the said ‘Edwin Forrest Home’ are intended to be partly educational and self-sustaining, as well as eleemosynary, and never to encourage idleness or thriftlessness in any who are capable of any useful exertion. My library shall be placed therein in precise manner as now it exists in my house in Broad street, Philadelphia. There shall be a neat and pleasant theatre for private exhibitions and histrionic culture. There shall be a picture gallery for the preservation and exhibition of my collection of engravings, pictures, statuary and other works of art, to which additions may be made from time to time, if the revenues of the Institution shall suffice. These objects are not only intended to improve the taste, but to promote the health and happiness of the inmates and such visitors as may be admitted.

“ARTICLE VII

“Also, as a means of preserving health and, consequently, the happiness of the inmates, as well as to aid in sustaining the Home, there shall be lectures and readings therein upon oratory and histrionic art, to which pupils shall be admitted, upon such terms and under such regulations as the Managers may prescribe. The garden and grounds are to be made productive of profit, as well as of health and pleasure, and, so far as capable, the inmates, not otherwise profitably occupied, shall assist in farming, horticulture and the cultivation of flowers in the garden and conservatory.

“ARTICLE VIII

“‘The Edwin Forrest Home’ may also, if the revenue shall suffice, embrace in its plan lectures on science, literature and the arts, but preferably oratory and the histrionic art, in manner to prepare the American citizen for the more creditable and effective discharge of his public duties, and to raise the education and intellectual and moral tone and character of actors, that thereby they may elevate the drama and cause it to subserve its true and great mission to mankind, as their profoundest teacher of virtue and morality.

“ARTICLE IX

“‘The Edwin Forrest Home’ shall also be made to promote the love of liberty, our country and her institutions, to hold in honor the name of the great dramatic Bard, as well as to cultivate a taste and afford opportunity for the enjoyment of social rural pleasures. Therefore, there shall be read therein to the inmates and public, by an inmate or pupil thereof, the immortal Declaration of Independence, as written by Thomas Jefferson, without expurgation, on every Fourth Day of July, to be followed by an oration under the folds of our national flag. There shall be prepared and read therein before the like assemblage, on the birthday of Shakespeare, the twenty-third of April, in every year, an eulogy upon his character and writings, and one of his plays, or scenes from his plays, shall on that day be represented in the theatre. And on the first Mondays of every June and October ‘The Edwin Forrest Home,’ and grounds shall be opened for the admission of ladies and gentlemen of the theatrical profession and their friends, in the manner of social picnics, when all provide their own entertainments.