Chapter VII: Wills of Famous Americans (3)

“The foregoing general outline of my plan of the Institution I desire to establish has been sketched during my preparations for a long voyage by sea and land, and, should God spare my life, it is my purpose to be more full and definite; but should I leave no later will or codicil, my friends who sympathize in my purposes will execute them in the best and fullest manner possible, understanding that they have been long meditated by me, and are very dear to my heart. They will also remember that my professional brothers and sisters are often unfortunate, and that little has been done for them, either to elevate them in their profession or to provide for their necessities under sickness or other misfortunes. God has favored my efforts and given me great success, and I would make my fortune the means to elevate the education of others and promote their success, and to alleviate their sufferings and smooth the pillows of the unfortunate, in sickness or other disability, or the decay of declining years.

“These are the grounds upon which I would appeal to the Legislature of my native State, to the Chief Magistrate of my native city, to the Courts and my fellow-citizens, to assist my purposes, which I believe to be demanded by the just claims of humanity, and by that civilization and refinement which springs from intellectual and moral culture.

“I, therefore, lay it as a duty upon my Trustees to frame a bill which the Legislature may enact, as and for the charter of said Institution, which shall ratify the articles in said outline of plan; shall authorize the Mayor of the city to act as one of its Managers, and the said Court to exercise the visitatorial jurisdiction invoked, and prevent streets from being run through so much of the Springbrook grounds as shall include the buildings and sixty acres of ground. Such a charter being obtained, the Corporation shall be authorized, at a future period, to sell the grounds outside said space, the proceeds to be applied to increase the endowment and usefulness of the Home. And so far as I shall not have built to carry out my views, I authorize the said Managers, with consent of my sisters, or survivor of them, having a right to reside at Springbrook, to proceed to erect and build the buildings required by my outline of plan, and towards their erection apply the income accumulated or current of my estate, and should my sisters consent, or the survivor of them consent, in case of readiness to open the Home, to remove therefrom, a comfortable house shall be procured for them elsewhere, furnished and rent and taxes paid, as required in respect to Springbrook, at the cost and charge of my estate or of the said Corporation, if then in possession thereof. Whensoever the requisite charter shall be obtained and the Corporation be organized and ready to proceed to carry out its design, then it shall be the duty of said Trustees to assign and convey all my said property and estate unto the said ‘Edwin Forrest Home,’ their successors and assigns forever, and for the latter to execute and deliver, under the corporate seal, a full and absolute discharge and acquittance forever,--with or without auditing of accounts by an auditor of the Court, as they may think proper,--unto the said Executors and Trustees.

“In testimony whereof, I have hereunto set my hand and seal this fifth day of April, eighteen hundred and sixty-six.

“EDWIN FORREST.”

The State of Pennsylvania heartily cooperated with the Trustees, but they found themselves powerless to realize fully the hopes and wishes of the testator. It was necessary to make a settlement with the divorced wife of the testator, whose legal claims had been entirely overlooked by him. This and other legal complications hampered the Trustees, and the amounts of money necessarily expended seriously crippled the estate. The Home, however, was established upon his beautiful property known as “Springbrook,” where it yet exists under excellent management, and its doors are still open to those who are entitled to enter under the conditions fixed by the testator.

WILL OF BENJAMIN FRANKLIN

In the “Life of Benjamin Franklin,” by Jared Sparks, is to be found Franklin’s will, a document of great length and unusual interest. Franklin died in 1790: the will is dated July 17, 1788; a codicil of almost equal length is dated June 23, 1789. The will in part reads:

“I, Benjamin Franklin, of Philadelphia, printer, late Minister Plenipotentiary from the United States of America to the Court of France, now President of the State of Pennsylvania, do make and declare my last will and testament as follows:

“To my son, William Franklin, late Governor of the Jerseys, I give and devise all the lands I hold or have a right to in the Province of Nova Scotia, to hold to him, his heirs and assigns forever. I also give to him all my books and papers which he has in his possession, and all debts standing against him on my account books, willing that no payment for, nor restitution of the same be required of him by my Executors. The part he acted against me in the late war, which is of public notoriety, will account for my leaving him no more of an estate he endeavored to deprive me of.

“I give and devise my dwelling house, my said three new houses, my printing office and also my silver plate, pictures and household goods of every kind, now in my said dwelling house, to my daughter, Sarah Bache, and to her husband, Richard Bache, to hold to them for and during their natural lives, and the life of the longest liver of them: and from and after the death of the survivor of them, I do give, devise and bequeath the same to all children already born or to be born of my said daughter, and to their heirs and assigns forever, as tenants in common and not as joint tenants.

“All lands near the Ohio and the lots near the centre of Philadelphia, which I lately purchased from the State, I give to my son-in-law, Richard Bache, his heirs and assigns forever: I also give him the bond I have against him of 2072 pounds 5 shillings and direct the same to be delivered up to him by my Executors cancelled, requesting that in consideration thereof, he would immediately after my decease manumit and set free his negro man, Bob: I leave to him also the money due me from the State of Virginia for types: I also discharge him, my son-in-law, from all claims of rent and moneys due to me, on book account or otherwise. I also give him all my musical instruments.

“The King of France’s picture, set with four hundred and eight diamonds, I give to my daughter, Sarah Bache, requesting, however, that she would not form any of those diamonds into ornaments, either for herself or daughters, and thereby introduce or countenance the expensive, vain and useless pastime of wearing jewels in this country.

“The philosophical instruments I have in Philadelphia, I give to my ingenious friend, Francis Hopkinson.

“I was born in Boston, New England, and owe my first instructions in literature to the free grammar schools established there: I therefore give 100 pounds sterling to my Executors to be by them paid over to the managers or directors of the free schools in my native town of Boston.”

The fund has been successfully applied and is or was formerly employed in purchasing medals for distribution in the schools of Boston.

There is a gift to the State of Pennsylvania of 2000 pounds to be employed in making the Schuylkill River navigable.

He concludes with this clause: “I would have my body buried with as little expense or ceremony as may be.”

* * * * *

In the codicil to the will are found these expressions and gifts:

“It has been my opinion, that he who receives an estate from his ancestors is under some kind of obligation to transmit the same to their posterity: this obligation does not lie on me, who never inherited a shilling from any ancestor or relation.”

One thousand pounds was given to Boston and another thousand to Philadelphia, to be held by trustees, which sums he directed should be “let out on interest at 5 per cent per annum to young married artificers under the age of twenty-five years.” These cities accepted the sums, and they have been wisely used.

“I wish to be buried by the side of my wife, if it may be, and that a marble stone be made by Chambers, six feet long, four feet wide, plain, with only a small moulding around the upper edge, with this inscription,

BENJAMIN} FRANKLIN
DEBORAH }

to be placed over us both.”

This request was carried out.

“My fine crabtree walking-stick, with gold head curiously wrought in the form of the cap of liberty, I give to my friend, and the friend of mankind, General Washington. If it were a sceptre, he has merited it and would become it. It was a present to me from that excellent woman, Madame de Forbach, the Dowager Duchess of Deux Ponts, connected with some verses, which should go with it.”

“I give my gold watch to my son-in-law, Richard Bache, and also the gold watch-chain of the thirteen United States, which I have not yet worn. My time-piece that stands in my library, I give to my grandson, William Temple Franklin. I give him also my Chinese gong. To my dear old friend, Mrs. Mary Hemson, I give one of my silver tankards marked, for her use during her life, and after her decease, I give it to her daughter, Eliza. I give to her son, William Hemson, who is my godson, my new quarto Bible, Oxford edition, to be for his family Bible, and also the botanic description of the plants in the Emperor’s garden at Vienna, in folio, with colored cuts. And to her son, Thomas Hemson, I give a set of _Spectators_, _Tatlers_, and _Guardians_, handsomely bound.

“I give twenty guineas to my good friend and physician, Dr. John Jones.

“I request my friend, Mr. Duffield, to accept my French Wayweiser, a piece of clockwork in brass, to be fixed on the wheel of any carriage.

“My picture drawn by Martin in 1767, I give to the Supreme Executive Council of Pennsylvania, if they shall be pleased to do me the honor of accepting it and placing it in their chamber.

“I give to my Executors, to be divided equally among those that act, the sum of sixty pounds sterling as some compensation for their trouble in the execution of my will.”

WILL OF MELVILLE W. FULLER

The late Chief Justice Melville W. Fuller of the United States Supreme Court died at his summer home near Bar Harbor, Maine, July 4, 1910. By his last will and testament, he disposed of an estate of nearly one million dollars. The estate is to be held in trust for the daughters and the son of the Chief Justice, and their heirs. Nothing was left to charity or to parties other than the direct descendants of the testator. The will was signed at Washington, February 23, 1910. In substance it is as follows:

“I devise to the Merchants’ Loan and Trust Company and my old friend Stephen S. Gregory, or their survivors, or such successors as may be appointed for them, in case of both of them becoming unable to act, all of my property, real, personal and mixed, to be held in trust until the decease of the last survivor of my children, to pay and discharge my just debts and obligations, and to collect and to pay over the net revenue of the property in such reasonable allowances as shall from time to time be determined by them in view of the existing circumstances; but each of the children, or their children, in case of my death, shall receive finally an equal share.

“I empower my said trustees to sell any of the property, if and as deemed by them or their survivors or successors advisable, and to reinvest and hold the proceeds upon the same trust, to make and to renew loans and secure the same by trust deed or mortgages; to lease and to build or rebuild. In short, I impart to my said trustees the same powers I myself possess, subject to effectuating the foregoing trust.”

WILL OF STEPHEN GIRARD

Stephen Girard was born in Bordeaux, France, the son of a sea captain. He died December 26, 1831. His immense wealth was accumulated in Philadelphia, where he spent the greater part of his life.

It was during the financial panic of 1810, that Girard loaned the government of the United States five million dollars, when it could not be had elsewhere; this, it is said, exhausted his entire fortune.

Girard was also something of a farmer, and Girard College is located on what was formerly his farm; it was there that he labored with his trees and his flowers. History says that a large, shaggy dog followed him in his travels, and that each of his ships which went to sea, carried one.

By his will, he left large sums for the betterment of humanity; it is stated that up to that time, it was the largest amount ever given away by an individual philanthropist in the history of this country, if not of the world. While his gifts to charitable and other institutions in the City of Philadelphia and the State of Pennsylvania were numerous and large, he is best known by a bequest of two million dollars for the founding of Girard College; besides this sum, there was a residue of a large amount which also went to this college. This endowment fund now amounts to sixteen million dollars, and the income is over one million dollars a year.

That famous section of this famous will, with reference to clergymen, which has produced so much discussion, is set out in full below. The injunction with reference to ministers and ecclesiastics holding office or entering the premises is still at least outwardly respected.

The heirs of Girard attempted to break his will; their argument was partly based on the provision with reference to religion: the Supreme Court of the United States upheld the will, notwithstanding the contestants had the assistance of Daniel Webster.

Girard College has an attendance of over two thousand boys: the scope and plan of the Institution has been greatly enlarged, and it has met with marked success in its ability to place many of its students in permanent and often valuable commercial positions.

The section in question is as follows:

“ARTICLE XXI. Section 9. Those scholars, who shall merit it, shall remain in the College until they shall respectively arrive at between fourteen and eighteen years of age; they shall then be bound out by the Mayor, Aldermen and Citizens of Philadelphia, or under their direction, to suitable occupations, as those of agriculture, navigation, arts, mechanical trades, and manufactures, according to the capacities and acquirements of the scholars respectively, consulting, as far as prudence shall justify it, the inclinations of the several scholars, as to the occupation, art or trade, to be learned.

“In relation to the organization of the College and its appendages, I leave, necessarily, many details to the Mayor, Aldermen, and Citizens of Philadelphia, and their successors; and I do so with the more confidence, as, from the nature of my bequests, and the benefits to result from them, I trust that my fellow-citizens of Philadelphia will observe and evince especial care and anxiety in selecting members for their City Councils, and other agents.

“There are, however, some restrictions, which I consider it my duty to prescribe, and to be, amongst others, conditions on which my bequest for said College is made, and to be enjoyed, namely; _first_, I enjoin and require, that if at the close of any year, the income of the fund devoted to the purposes of the said College shall be more than sufficient for the maintenance of the Institution during that year, then the balance of the said income, after defraying such maintenance, shall be forthwith invested in good securities, thereafter to be and remain a part of the capital; but in no event, shall any part of the said capital be sold, disposed of, or pledged, to meet the current expenses of the said Institution, to which I devote the interest, income and dividends thereof, exclusively: _Secondly_, I enjoin and require that _no ecclesiastic, missionary, or minister of any sect whatsoever, shall ever hold or exercise any station or duty whatever in the said College; nor shall any such person ever be admitted for any purpose, or as a visitor, within the premises appropriated to the purposes of the said college:_--In making this restriction, I do not mean to cast any reflection upon any sect or person whatsoever; but as there is such a multitude of sects, and such a diversity of opinion amongst them, I desire to keep the tender minds of the orphans, who are to derive advantage from this bequest, free from the excitement which clashing doctrines and sectarian controversy are so apt to produce; my desire is, that all the instructors and teachers in the College, shall take pains to instil into the minds of the scholars, _the purest principles of morality_, so that, on their entrance into active life, they may _from inclination and habit_, evince _benevolence toward their fellow creatures_, and _a love of truth, sobriety, and industry_, adopting at the same time, such religious tenets as their _matured reason_ may enable them to prefer. If the income, arising from that part of the said sum of two millions of dollars, remaining after the construction and furnishing of the College and out-buildings, shall, owing to the increase of the number of orphans applying for admission, or other cause, be inadequate to the construction of new buildings, or the maintenance and education of as many orphans as may apply for admission, then such further sum as may be necessary for the construction of new buildings and the maintenance and education of such further number of orphans, as can be maintained and instructed within such buildings as the said square of ground shall be adequate to, shall be taken from the final residuary fund hereinafter expressly referred to for the purpose, comprehending the income of my real estate in the city and county of Philadelphia, and the dividends of my stock in the Schuylkill Navigation Company--my design and desire being, that the benefits of said institution shall be extended to as great a number of orphans, as the limits of the said square and buildings therein can accommodate.”

WILL OF JAY GOULD

Jay Gould died December 2, 1892. By his will, he transferred, as is well known, an immense fortune. After giving certain legacies to his children, relatives and friends, including one to a son for services rendered, and establishing a trust for the benefit of a grandson, he gives his residuary estate to trustees for the benefit of his children for life in equal separate trusts with gifts over to their issue as appointed by the beneficiaries, and in default thereof “in the proportions provided in and by the statutes of this State in the case of intestacy,” and if no issue then “to my surviving children and to the issue of any deceased child share and share alike _per stirpes_ and not _per capita_.”

The testator directs that the securities of each trust be separately invested, and that the accounts thereof shall be separately kept.

A son and daughter are appointed guardians of his minor children.

The seventh item in his will reads as follows:

“Seventh. I hereby declare and provide that if any of my children shall marry without my consent during my lifetime, or thereafter without the consent of a majority of the then executors and trustees under this will, then and in that event the share allotted to the child so marrying in and by said will and codicil, shall be reduced one-half, and the principal of the other half of the said share shall be paid, assigned, transferred or set over to such persons as under the laws of the State of New York would take the same if I had died intestate.”

There is a marked similarity in many of the provisions of this will to those of the late William H. Vanderbilt.

_Will of Horace Greeley_

Horace Greeley died at Pleasantville, New York, November 29, 1872. His will is as follows:

“I, Horace Greeley, being nearly sixty years old and in medium health but admonished by recent illness of the uncertainty of life, do make and publish this my last will and testament superseding and revoking all of earlier date which may be found or exist.

“Item: I will and bequeath to my daughter, Ida Lillian Greeley, requesting her to share the proceeds therefrom with her sister Gabrielle Miriam Greeley all my books, copyrights and sums which may be due and owing me from publishers, at the time of my decease naming especially my ‘American Conflict,’ ‘Recollections of a Busy Life,’ ‘Political Economy,’ and ‘What I Know of Farming,’ as works wherefrom some income may accrue from copyrights after my decease.

“Item: I will and bequeath to my two daughters aforesaid all the real estate whereof I may die possessed or be entitled to, except the farm on which my brother Nathan Barnes Greeley lives, in Wayne Township, Erie County, Pennsylvania, directing that my daughter Ida Lillian aforesaid be and hereby is authorized and empowered during the minority of her sister Gabrielle Miriam to manage, let, improve, lease or sell the whole or any portion of the same as she shall judge expedient and advantageous to herself and her sister aforesaid, the same to be subject to the right of dower inhering in my wife Mary Young Greeley unless and until she shall see fit to release the same to my two daughters aforesaid.

“Item: I bequeath to my brother Nathan Barnes Greeley aforesaid and his wife Ruhanna the full and uninterrupted use for life of either of them of my farm lying in the Township of Wayne, Erie County, Pennsylvania, aforesaid. And I further bequeath to whichever of his sons the said Nathan Barnes Greeley may designate the reversion or remainder of one-half of said farm, it being my understanding and purpose that said son shall live with and take care of said Nathan Barnes and Ruhanna Greeley to the end of their several lives.

“Item: I direct that if any share or shares in the Tribune Association shall remain to me at my decease one of them shall be sold under the rules of said association to the highest bidder and the proceeds without deduction or abatement be paid over as my bequest to the Childrens Aid Society, whereof New York City is the focus of operations, to be invested or disbursed as its proper authorities shall direct. If more than one share of stock in the Tribune Association shall remain to me at my death and if my wife, Mary Young Greeley, shall survive me, I bequeath to her one-half of such remaining shares of stock in lieu of all other dower, except those reserved to her as aforesaid, and I hereby renounce and disclaim in favor of my said wife all claim on my part or on that of my heirs to the real estate once mine but now wholly hers near the Village of Chappaqua in the Township of New Castle, Westchester County, New York, as also to the two shares of Tribune stock now standing in her name and which were never mine but wholly purchased by her money, and I further renounce and disclaim in her favor all right to the stock and funds of the Northern Pacific Rail Road which I have paid for with her money and which now stands in her name on the books of the Company and I give and bequeath unto my said wife all the animals, implements, machinery, crops, products and materials which may at the time of my death exist upon or pertain to her farm and buildings in New Castle township aforesaid:

“Item: I direct that whatever stock in the Tribune Association may remain to me at the time of my death after fulfilling and satisfying the foregoing bequests be sold in accordance with the rules of said association and that from the proceeds thereof and from the proceeds of such portions of the debts due or owing to me from all persons whatever as may at anytime be collected, there be paid the following bequests in their order namely:

“1. Two thousand dollars to my sister Margaret Greeley Bush, in case she survive me, and in case she should not but her daughter Evangeline Bush shall survive me then the said sum of two thousand dollars shall be paid to her my said sister’s daughter Evangeline Bush.

“2. One thousand dollars each to my sister Arminda, wife of Lovewell Greeley and Esther, wife of John F. Cleveland or to their surviving children respectively in case they or either of them shall die before I do.

“3. I give or bequeath all the residue or remainder of my property of whatever name or nature to my daughters Ida Lillian and Gabrielle Miriam Greeley and to the survivor in case but one of them shall survive me.

“I hereby appoint Samuel Sinclair, Publisher Tribune, Charles Storrs, merchant now of 73 Worth Street, New York City and Richard C. Manning now residing in Clinton Avenue, Brooklyn or any two of them who may survive me and accept the trusts, executors of this my last will and testament.

“In witness whereof, I have hereunto set my hand and seal this ninth day of January in the year of our Lord one thousand eight hundred and seventy-one.

“HORACE GREELEY.”

WILL OF ALEXANDER HAMILTON

“In the name of God, Amen. I, Alexander Hamilton, of the City of New-York, Counsellor at Law, do make this my last Will and Testament as follows:

“First. I appoint John B. Church, Nicholas Fish, and Nathaniel Pendleton, of the city aforesaid, Esquires, to be Executors and Trustees of this my Will; and I devise to them, their heirs and assigns, as joint tenants and not as tenants in common, all my estate real and personal whatsoever, and wheresoever, upon trust at their discretion to sell and dispose of the same, at such time and times, in such manner, and upon such terms, as they, the survivors and survivor, shall think fit; and out of the proceeds to pay all the debts which I shall owe at the time of my decease; in whole, if the fund be sufficient; proportionably, if it shall be insufficient; and the residue, if any there shall be, to pay and deliver to my excellent and dear wife Elizabeth Hamilton.

“Though, if it should please God to spare my life, I may look for a considerable surplus out of my present property; yet, if He should speedily call me to the eternal world, a forced sale, as is usual, may possibly render it insufficient to satisfy my debts. I pray God that something may remain for the maintenance and education of my dear wife and children. But should it on the contrary happen, that there is not enough for the payment of my debts, I entreat my dear children, if they, or any of them, should ever be able, to make up the deficiency. I, without hesitation, commit to their delicacy a wish which is dictated by my own.--Though conscious that I have too far sacrificed the interests of my family to public avocations, and on this account have the less claim to burthen my children, yet I trust in their magnanimity to appreciate as they ought, this my request. In so unfavourable an event of things, the support of their dear mother, with the most respectful and tender attention, is a duty, all the sacredness of which they will feel. Probably her own patrimonial resources will preserve her from indigence. But in all situations they are charged to bear in mind, that she has been to them the most devoted and best of mothers.”

* * * * *

Alexander Hamilton was, perhaps, the most finished character in the history of the United States, and the value of his services to this country cannot be overestimated: after the lapse of more than a hundred years, his greatness and usefulness are still revered, and his untimely death lamented.

On June 18, 1804, Aaron Burr addressed to Hamilton, a communication calling attention to a letter published by Charles B. Cooper, wherein he said, “I could detail to you a still more despicable opinion which General Hamilton has expressed of Mr. Burr,” together with a further statement that Burr was “a dangerous man and one who ought not to be trusted with the reins of government:” the lengthy and dignified answer of Hamilton was not satisfactory to Burr, and again on June 21st, he wrote, “Political opposition can never absolve gentlemen from a rigid adherence to the laws of honour and rules of decorum.” Further unsatisfactory correspondence followed, with the result that the two met at seven o’clock A.M., July 11th, 1804, at Weehawken, New Jersey, opposite New York, and fought a duel; Hamilton fell at Burr’s first shot, mortally wounded, dying the next day at two o’clock: on the day before the duel, Hamilton wrote Nathaniel Pendleton, who accompanied him to the field, a letter containing his motives for accepting the challenge, and his reflections on the situation, which is in part as follows:

“On my expected interview with Col. Burr, I think it proper to make some remarks explanatory of my conduct, motives, and views.

“I was certainly desirous of avoiding this interview for the most cogent reasons.

“1. My religious and moral principles are strongly opposed to the practice of duelling, and it would ever give me pain to be obliged to shed the blood of a fellow creature in a private combat forbidden by the laws.

“2. My wife and children are extremely dear to me, and my life is of the utmost importance to them, in various views.

“3. I feel a sense of obligation towards my creditors; who in case of accident to me, by the forced sale of my property, may be in some degree sufferers. I did not think myself at liberty as a man of probity, lightly to expose them to this hazard.

“4. I am conscious of no _ill will_ to Col. Burr, distinct from political opposition, which, as I trust, has proceeded from pure and upright motives.

“Lastly, I shall hazard much, and can possibly gain nothing by the issue of the interview.

“But it was, as I conceive, impossible for me to avoid it. There were _intrinsic_ difficulties in the thing, and _artificial_ embarrassments from the manner of proceeding on the part of Col. Burr.

“ ... I have resolved, if our interview is conducted in the usual manner, and it pleases God to give me the opportunity, to _reserve_ and _throw away_ my first fire, and I _have thoughts_ even of _reserving_ my second fire--and thus giving a double opportunity to Col. Burr to pause and to reflect.

* * * * *

“To those who, with me, abhorring the practice of duelling, may think that I ought on no account to have added to the number of bad examples, I answer, that my _relative_ situation, as well in public as private, enforcing all the considerations which constitute what men of the world denominate honour, imposed on me (as I thought) a peculiar necessity not to decline the call.

* * * * *

“A. H.”

* * * * *

Hamilton was buried on the following Saturday with every possible evidence of respect and sorrow; in the funeral procession his gray horse dressed in mourning was led by two black servants dressed in white; the streets of New York were lined with people, and doors and windows were filled, and housetops occupied, and every civic and military organization was represented. Gouverneur Morris delivered the funeral oration from a stage erected in the portico of Trinity Church to an immense concourse. When Hamilton’s distracted wife and children, seven in number, were brought to his bedside, shortly before his death, he said to her, “Remember, my Eliza, you are a Christian.”

General Hamilton married Elizabeth Schuyler, a daughter of General Philip Schuyler, thus allying himself with one of the most distinguished founders of New York.

Aaron Burr lived to be eighty years old. The loss of his only daughter, Theodosia Alston, at sea, left him without family ties. There is a tradition that Burr, a broken and sorrowing man, watched the sea ever afterward, hoping that the lost Theodosia might be returned to him. At the age of seventy-eight he married the second time; he and this wife separated, but were never divorced.

WILL OF EDWARD H. HARRIMAN

This will is unique in its brevity, containing only ninety-nine words, and has been criticised for its omissions: it will be seen that there is no mention of the testator’s children, and that the will has but two witnesses, which is unusual where so vast an estate is disposed of and the property located in many states. It will also be noted that the testator’s wife, who is made executrix, is not exempted from giving bond as such. Mr. Harriman, at the time of his death, controlled perhaps the largest corporate interests of any person in the United States, particularly those of railways. He died in September, 1909. His will is as follows:

“I, Edward H. Harriman of Arden in the State of New York, do make, publish and declare this as and for my last will and testament that is to say:

“I give, devise and bequeath all of my property real and personal of every kind and nature to my wife, Mary W. Harriman to be hers absolutely and forever and I do hereby nominate and appoint the said Mary W. Harriman to be executrix in this my will.

“In witness whereof, I have hereunto set my hand and seal this 8th day of June in the year 1903.

“EDWARD H. HARRIMAN.”

WILL OF PATRICK HENRY

“There is no retreat but in submission and slavery. Our chains are already forged. Their clanking may be heard on the plains of Boston. The next gale that sweeps from the north will bring the clash of resounding arms. Our brethren are already in the field. Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty or give me death!”

Patrick Henry was born in Hanover County, Virginia, on May 29, 1736; he died at his county seat, Red Hill, in Charlotte County, Virginia, on June 6, 1799. The will of this distinguished orator and statesman is given at length; notwithstanding the conditions imposed in restraint of marriage, his widow took unto herself another spouse, Judge Edmund Winston, who was Patrick Henry’s cousin.

“In The Name of God, Amen:--I, Patrick Henry, of Charlotte County, at my leisure and in my health do make this my last Will and Testament in manner following, and do write it throughout with my own hand. I, knowing my ever dear wife Dorethea to be worthy of the most full and entire confidence, I do will and devise to her the Guardianship of my children, and do direct and order that she shall not in any manner be accountable to any person for her management therein. I do give to my said wife Dorethea all my Lands at and adjoining my dwelling place called Red Hill, purchased from Fuqua, Booker, Watkins, & others, out of the tract called Watkins’s Order, to hold during her life, together with twenty of my slaves, her choice of them all, and at her death the said Lands are to be equally divided in value in fee simple between two of my sons by her; and she is to name and point out the two Sons that are to take the said Lands in fee simple at her discretion. I will and direct all my Lands in my Long Island estate in Campbell County to be divided into two parts by Randolph’s old road, till you come along it to the place where the new road going from the Overseer’s house to Davis’s mill crosses it at two white oaks and the stump of a third, from thence by a straight line a few hundreds yards to Potts’s Spring at the old Quarter place, from thence as the water runs to the river which is near to the upper part where Mr. Philip Payne lives is to be added the Long Island and other Islands, to the lower part the Overseer’s residence and also one hundred and fifty acres of the back land out of the upper part most convenient for both parts for Timbers to the lower. These two estates to be in fee simple to two of my other sons by my said wife, whom she is also to name and point out. I will and direct that there be raised towards paying my debts one thousand pounds by sale in fee simple, out of my following Lands, viz.--Leatherwood, Prince Edward Lands, Kentucky Lands, Seven Island Lands, and those lately purchased of Marshall Mason, Nowell, Wimbush, Massy, and Prewett, or such parts thereof as my Executors may direct, and the residue thereof I will and direct to be allotted equally in value into two parts for a provision for other two of my sons in fee simple by my said wife, which sons she shall in like manner name and point out. But if the payment of my debts is or can be accomplished without selling any of my slaves or personal estate, then I desire none of these Lands to be sold, but they are to be allotted as the provision aforesaid for two of my sons. Thus I have endeavored to provide for my six sons by my dear Dorethea; their names are Patrick, Fayette, Alexander Spotswood, Nathaniel, Edward Winston, and John. I will my slaves to be equally divided amongst my children by my present wife except my daughter Winston, who has received hers, or nearly so; but the twenty slaves given to my said wife for her life, I desire she may give as she pleases amongst her children by me. I will that my wife have power to execute Deeds for any Lands I have agreed to sell, in the most ample manner. I give to my Grandson Edmund Henry, when he arrives to the age of twenty-one years and not before, in fee simple, the thousand acres of Land where his father died, joining Perego’s line, Cole’s line, and the line of the land intended for my son Edward, dec’d., together with the negroes and other property on the said one thousand acres of Land. But in case the said Edmund shall die under the age of twenty-one years, and without Issue then alive, I will the said Land, Slaves, and other property to my six sons above mentioned equally in fee simple. I have heretofore provided for the children of my first marriage, but I will to my daughters, Roane and Aylett, two hundred pounds each of them as soon as my estate can conveniently pay it by cropping. In case either of my six sons, viz.--Patrick, Fayette, Alexander Spotswood, Nathaniel, Edward Winston, or John, shall die under the age of twenty-one, unmarried and without Issue then living, I will that the estate of such decedent be divided among the Survivors of them in such manner as my said wife shall direct.

“All the rest and residue of my estate, whether Lands, Slaves, personal estate, Debts and rights of every kind, I give to my ever dear and beloved wife Dorethea, the better to enable her to educate and bring up my Children by her, and in particular I desire she may at her discretion collect, accommodate, manage, and dispose of the debt due to me from the late Judge Wilson in such manner as she thinks best, without being accountable to any person, but so as that the produce, whether in Lands, Slaves, or other effects, be by her given amongst her children by me, as I do hereby direct all the said residue to be given by her after her decease. If the said debt from the said Wilson cannot be recovered, then I give the Lands I covenanted to sell to him, the said Wilson, lying in Virginia and North Carolina, to my said wife in fee simple to make the most of and apply for the benefit of her children by me as aforesaid. But in case my said wife shall marry again, in that case I revoke and make void every gift, legacy, authority, or power herein mentioned, and order, will, and direct, She, my said wife, shall have no more of my estate than she can recover by Law; nor shall she be Guardian to any of my children, or Executrix of this my Will.

“I will that my daughters, Dorethea S. Winston, M. Catharine Henry, and Sarah Butler Henry, be made equal in their negroes. In case the debt from Judge Wilson’s estate be recovered, I do desire and will that five hundred dollars each be paid to my dear Daughters, Anne Roane & Elizabeth Aylett, and Martha Fontaine.

“This is all the inheritance I can give to my dear family. The religion of Christ can give them one which will make them rich indeed.

“I appoint my dear wife Dorethea, Executrix, my friends Edmund Winston, Philip Payne, and George D. Winston, Executors, of this my last Will, revoking all others. In witness whereof I have hereunto set my hand and seal this 20th November, 1798.

“P. HENRY, L. S.”

* * * * *

“Codicil to my Will, written by myself throughout, and by me annexed and added to the said Will and made part thereof in manner following, that is to say: Whereas, since the making of my said Will, I have covenanted to sell my Lands on Leatherwood to George Hairston, including the 1000 acres intended for my Grandson Edmund Henry, and have agreed to purchase from General Henry Lee two shares of the Saura Town Lands, amounting to about 6,314 acres certain, and the debt due me from Wilson’s estate is agreed to go in payment for the said purchase, whereby there will exist no necessity to sell any of my estate for payment of my debts, I do therefore give the said Saura Town Lands in fee simple equally to be divided in value to two of my sons by my dear wife Dorethea, and desire her to name the sons who are to take that estate, and it is to be in Lieu and place of the Leatherwood, Prince Edward, Kentucky, and Seven Islands, and other lands allotted for two of my sons in my said Will, so that the Red Hill estate, Long Island estate, and the Saura Town estate will furnish seats for my six sons by my wife.

“In case any part of my Lands be evicted or lost for want of title, I will that a contribution of my other sons make good such loss in Lands of equal value.

“I give to my Daughter Fontaine five hundred dollars; to each of my Daughters, Anne Roane and Elizabeth Aylett, one thousand dollars; to my Daughter Dorethea S. Winston, one thousand dollars, as soon as my estate can conveniently raise these sums. To my Daughters, Martha Catharine and Sarah Butler, I give one thousand pounds each, and these legacies to all and each of my daughters are to be in Lieu and place of everything before intended for them, and if it is not in the power of my Executors to pay my said Daughters their legacies in money from my estate, then and in that case all my said Daughters are to take property, real or personal, at fair valuation, for their legacies respectively. And to this end I give my Lands in Kentucky, Prince Edward, at the Seven Islands, all my Lands lately purchased near Falling River and its waters, containing about 17 or 1800 acres, and all others not mentioned herein, to my Executors for the aforesaid purpose of paying Legacies and for allowing my Grandson Edmund Henry eight hundred pounds in Lieu of the Leatherwood Lands in case he shall attain the age of twenty one years or marries, but not otherwise. His Land, if he has it at all, is to be in fee simple, as also all the Lands that may be allotted in Lieu of money are to go in fee simple.

“I also will that my said Dear wife shall at her discretion dispose of three hundred pounds worth of the said last mentioned Lands to any of her children by me, and finally of whatsoever residue there may happen to be after satisfying the foregoing demands, and that she shall have in fee simple all the residue of my estate, real or personal, not disposed of for the intent and purpose of giving the same amongst her children by me. If she chooses to set free one or two of my slaves, she is to have full power to do so. In case Judge Wilson’s debt is lost by General Lee not taking it in payment, whereby the contract for Saura Town Lands becomes void, this Codicil is to become of no effect, and is to be void and null, and my Executors are to compensate the two of my sons to whom my Leatherwood Lands were to go, by the Lands sold to Judge Wilson, and they are in that case to have all the Lands directed to be joined with the Leatherwood, and so much money as will make their Lotts equal in value with the Lotts of my other sons by my present wife.

“In witness whereof I have hereunto set my hand and seal this 12th day of February, 1799.

“P. HENRY, L. S.

“Indorsements: The within is my Will written throughout by my own hand this 20th November, 1798.

“P. HENRY.

“The Codicil also written by myself, February 12th, 1799.

“P. HENRY.

WILL OF OLIVER WENDELL HOLMES

Oliver Wendell Holmes died October 7, 1894. His will is as follows:

“Know all men by these presents, that, I Oliver Wendell Holmes of Boston, in the County of Suffolk and Commonwealth of Massachusetts, being of sound and disposing mind and memory, do make this my last will and testament, hereby revoking all former wills and codicils by me at any time made.

“Imprimis. I direct my executor hereinafter named to pay all my just debts and funeral expenses as soon as may be after my decease.

“Item. I give to my grandson Edward Jackson Holmes, son of my youngest child Edward Jackson Holmes, five thousand dollars.

“Item. All the rest and residue of the property, real and personal, of which I shall die seized or possessed, or to which I shall be in any way entitled or over which I shall have any power of appointment at the time of my decease, I give, devise, bequeath and appoint to my son Oliver Wendell Holmes junior, to his own use, absolutely and in fee simple.

“Item. I appoint said Oliver Wendell Holmes junior, executor of this my will and request that no surety be required on his official bond.

“In witness whereof I hereto set my hand and seal, and declare this to be my last will and testament, this first day of June, a.d., eighteen hundred and eighty nine.

“OLIVER W. HOLMES.”

WILL OF JOHNS HOPKINS

Johns Hopkins, an American financier and philanthropist, and the founder of the Hospital and University which bear his name, died in Baltimore, Maryland, December 24, 1873.

The first item in his will is as follows:

“First and principally, I commit, with humble reverence, my soul to the keeping of Almighty God.”

Then follows in great detail, the provisions for the establishment of the Johns Hopkins University and the Johns Hopkins Hospital. It was directed that the Hospital should have buildings, not only for the whites, but for the sick, poor colored people, and also a building for the reception and care of colored orphans and destitute children. Both the University and the Hospital were corporations which the will declares had been already created at the instance of the testator. The hopes of the testator with reference to the success of these institutions, has been fully realized, for they are recognized throughout the country as models of their kind.

The amount given to these two institutions was approximately seven and one-half million dollars.

WILL OF STEPHEN HOPKINS

Stephen Hopkins, a passenger of the voyage of the _Mayflower_ died at Plymouth on or about June 6, 1644; his will in part is as follows:

“The sixt of June 1644 I Stephen Hopkins of Plymouth in New England being weake yet in good and prfect memory blessed be God yet considering the fraile estate of all men I do ordaine and make this to be my last will and testament in manner and forme following.... I do bequeath by this my will to my sonn Giles Hopkins my great Bull w^{ch} is now in the hands of M^{ris} Warren Also I do give to Stephen Hopkins my sonn Giles his sonne twenty shillings in M^{ris} Warrens hands for the hire of the said Bull Also I give and bequeath to my daughter Constanc Snow the wyfe of Nicholas Snow my mare also I give unto my daughter Deborah Hopkins the brodhorned black cowe and her calf and half the Cowe called Motley Also I doe give and bequeath unto my daughter Damaris Hopkins the Cowe called Damaris heiffer and the white faced calf and half the cowe called Mottley Also I give to my daughter Ruth the Cowe called Red Cole and her calfe and a Bull at Yarmouth w^{ch} is in the keepeing of Giles Hopkins w^{ch} is an yeare and advantage old and half the curld Cowe Also I give and bequeath to my daughter Elizabeth the Cowe called Smykins and her calf and thother half of the Curld Cowe w^{th} Ruth and an yearelinge heiffer w^{th}out a tayle in the keepeing of Gyles Hopkins at Yarmouth. Also I do give and bequeath unto my foure daughters ... all the mooveable goods the w^{ch} do belong to my house, as linnen woollen beds bed-cloathes pott kettles pewter or whatsoev^{r} are moveable ... and foure silver spoones that is to say to eich of them....”

The inventory shows a long list of personal property, including the bulls, cows, the “heiffer without a tayle,” spoons and other household goods.

WILL OF SAM HOUSTON

Sam Houston died July 25, 1863; here is his will:

“In the name of God, the Father, the Son and Holy Spirit, I, Sam Houston, of the County of Walker and State of Texas, being fully aware of the uncertainty of life, and the certainty of death, do ordain and declare this my last Will and Testament.

“First: I will that all my just debts be paid out of my personal effects, as I think them sufficient without disposing of any of the family servants.

“Second: I bequeath my entire remaining estate to my beloved wife, Margaret and our children, and I desire that they may remain with her so long as she may remain in widowhood, and should she at any time marry, I desire that my daughters should be subject to her control, so long as their minority lasts.

“Third: My will is that my sons should receive solid and useful education, and that no portion of their time may be devoted to the study of abstract science. I greatly desire that they may possess a thorough knowledge of the English language, with a good knowledge of the Latin language. I also request that they be instructed in the knowledge of the Holy Scripture, and next to these that they may be rendered thorough in a knowledge of Geography & History. I wish my sons early taught an utter contempt for novels & light reading. In all that pertains to my sons I wish particular regard paid to their morals as well as to the character and morals of those with whom they may be associated or instructed.

“Fourth: I leave to my wife, as Executrix, and to the following gentlemen as my Executors, Thomas Gibbs, Thomas Carothers, J. Carroll Smith, and Anthony M. Branch, my much beloved friends in whom I place my entire confidence, to make such disposition of my personal and real estate as may seem to them best for the necessities and interests and welfare of my family.

“Fifth: To my dearly beloved wife, Margaret, I confide the rearing, education and moral training of our sons and daughters.