Chapter VII: Wills of Famous Americans (4)

“Sixth: To my eldest son, Sam Houston, Jr., I bequeath my sword, worn in the battle of San Jacinto, never to be drawn only in defense of the constitution, the laws and liberties of his country. If any attempt should ever be made to assail one of these, I wish it to be used in its vindication.

“Seventh: It is my will that my library should be left at the disposition of my dear wife.

“Eighth: To my dearly beloved wife I bequeath my watch, and all my jewelry, subject to her disposition.

“Ninth: I hereby appoint my dearly beloved wife, Margaret, Testamentary Guardian of my children, their persons and estates during minority. But should a wise Providence, through its inscrutable decrees see fit to deprive our offspring of both parents and make them orphans indeed, it is hereby delegated to my Executors who are hereby confirmed, J. Carroll Smith, Thomas Carothers, Thomas Gibbs, and Anthony M. Branch, to make such disposition in regard to their welfare as they may think best calculated to carry out the designs as expressed in this my last Will and Testament.

“Tenth: And I direct and enjoin my Executrix and Executors that after the probate and registry of this my last Will, and return of Inventory of my estate, the County or other Court of Probate, have no further control over my Executors or Testamentary Guardian or of my estate.

“Done at Huntsville the second day of April, 1863.

“SAM HOUSTON.”

WILL OF JULIA WARD HOWE

Julia Ward Howe, poet, philanthropist and advocate of abolition and of the legal and political rights of women, died October 17, 1910, at the age of ninety-one.

The “Battle Hymn of the Republic,” her most famous creation, was written in 1861; inspired, it is said, by the sight of troops marching to the tune of “John Brown’s Body.”

Her will was filed for probate in November 1910; it is in these words:

“I, Julia Ward Howe, of Boston, in the County of Suffolk and Commonwealth of Massachusetts, widow, do make this my last will and testament.

“I give and devise to George H. Richards, of Boston aforesaid, counsellor at law, and to his heirs, all my real estate in Tumwater, Thurston County, in the State of Washington, but in trust nevertheless, for the benefit of my grandchildren, Samuel P. Hall and Alice M. Richards and their heirs, with power to sell the same or any portion or portions thereof and to invest and re-invest the proceeds of any such sales in either real estate or personal property, and in trust to pay the net income of this trust equally to my said grandchildren or their heirs, and at the end of five years from the time of my death to sell all property, both real and personal, then held in this trust and pay over the proceeds of the same equally to my said grandchildren or their heirs, unless by their joint written request they shall name a later date for the termination of this trust.

“All the rest and residue of my property, real and personal, I give, devise and bequeath to my four children, Florence M. Hall, Henry M. Howe, Laura E. Richards and Maud H. Elliott, and to the issue of any that may have deceased by right of representation.

“I appoint the said George H. Richards, executor of this my will and I request that no sureties be required on his official bond either as executor or trustee.

“In witness whereof, I, the said Julia Ward Howe, have hereunto set my hand and seal this eleventh day of November, A.D. 1897.

“JULIA WARD HOWE. (Seal)

* * * * *

“Signed, sealed and published by the said Julia Ward Howe, as and for her last will and testament, in the presence of us, who at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses.

“MARGARET LIVINGSTON CHANLER “HENRY JAQUES “HANNAH MCRAE”

WILL OF JOHN JAMES INGALLS

John J. Ingalls died August 16, 1900. His will was dated August 24, 1889, and is as follows:

“In the Name of God, Amen.

“I, John James Ingalls, of the City and County of Atchison in the State of Kansas, Gentleman, mindful of the uncertainty of life and the certainty of death, do make, publish and declare this my last Will and Testament.

“I give, bequeath and devise unto my beloved wife, Anna Louisa, all my property and estate, real, personal and mixed of every description and wherever situated, and appoint her the sole executrix hereof without bond, surety or undertaking.

“In witness whereof, I have hereunto set my hand this 24th day of August, 1889.

“JOHN J. INGALLS.”

WILL OF WASHINGTON IRVING

Washington Irving died November 28, 1859.

The following is an abstract of his will, which was drawn by himself. It bears date the 3rd day of December, 1858, not quite a year before his death. He declared his general intention to be, to dispose of all his estate so that it might be, as far as possible, kept together as a maintenance for his brother Ebenezer and his daughters, who had been accustomed to reside with him, to enable them to live with the same degree of comfort and in the same respectable style they had been accustomed to under his roof.

He gives to his nephew, Pierre Munro Irving, the copyright of his “Life of Washington,” with the stereotype and electrotype plates which had been executed for the same, and the plates engraved for its illustration, together with the printed copies of the work that might have been stricken off, leaving him to do with the copyright, types, etc., what he might think proper for his pecuniary benefit. He bequeaths to him, also, all his letters and unpublished manuscripts.

All the rest of his personal estate, he gives to his brother Ebenezer for his life; and, on his death, to his daughters, then surviving him and unmarried. The will then proceeds:

“_Second._ I give and devise my land and dwelling house in Westchester County, which I have called ‘Sunnyside,’ to my brother, Ebenezer Irving, for his life. On his death, I give the same in fee to his daughters or daughter surviving him, and unmarried; trusting they will endeavor, as I have endeavored, to make this homestead a rallying point, where the various branches of the family connection may always be sure of a cordial welcome.

“I trust, also, they will never sell nor devise this particular property out of the family--though circumstances may render it expedient or necessary for them to rent it out or lease it for a term; but it is my wish that the last survivor of those to whom I thus bequeath my estate will, in turn, bequeath it entire to some meritorious member of the family bearing the family name, so that ‘Sunnyside’ may continue to be, as long as possible, an _Irving homestead_.

“I give all the residue of my estate, real and personal, to accompany the devise of ‘Sunnyside’ to the same persons, for the like interests, and subject to the like contingencies and power.

“_Third._ I authorize my executors to make sale of, or otherwise convert into money or productive funds, all other lands and tenements I may own, wheresoever situated.

“_Last._ I appoint my brother, Ebenezer Irving, and my nephew Pierre M. Irving, executors of this my will. I revoke all other and former wills.”

* * * * *

“WASHINGTON IRVING.”

WILL OF ANDREW JACKSON

Andrew Jackson died June 8, 1845. Extracts from his will, together with a synopsis of its interesting provisions, are here given:

“And whereas since executing my will of the 30th of September, 1833, my estate has become greatly involved by my liabilities for the debts of my well beloved and adopted son Andrew Jackson Jnr., which makes it necessary to alter the same.”

“First. I bequeath my body to the dust whence it came, and my soul to God who gave it: hoping for a happy immortality through the atoning merits of our Lord Jesus Christ, the Saviour of the World.”

He desires that his body be buried by the side of his wife in the garden at the Hermitage, in the vault prepared in the garden.

He desires that all of his just debts be paid out of his personal and real estate by his Executor, including the debt of “my good friends Gen’l J. B. Planche & Co. of New Orleans, for the sum of six thousand dollars with the interest accruing thereon, loaned to me to meet the debts due by A. Jackson Jnr., for the purchase of the Plantation, from Hiram G. Runnels, lying on the East bank of the River Mississippi in the State of Mississippi. Also a debt due by me of ten thousand dollars borrowed of my friends Blair and Rives, of the City of Washington and District of Columbia, with the interest accruing thereon being applied to the payment of the land bot. of Hiram G. Runnels as aforesaid, and for the faithful payment of the aforesaid recited debts, I hereby bequeath all my real and personal estate. After those debts are fully paid &c.”

After the before recited debts are fully paid, he gives to his adopted son Andrew Jackson, <u>Junier</u>, the tract of land “whereon I now live, known <u>by</u> the Hermitage, with all my negroes that I may die possessed of, with the except on hereinafter named, with all their increase, all household furniture, farming tools, stock of all kind, both on the Hermitage tract farms as well as those on the Mississippi plantation, and his heirs forever.”

To his beloved granddaughter, Rachel Jackson, daughter of A. Jackson, Jr., and Sarah, his wife, he gives several negroes (conveyance theretofore deposited with wife of Andrew Jackson, Jr.), and to his beloved grandson Andrew Jackson, son of A. Jackson, Jr., he gives a negro boy named “Ned, son of Blacksmith Aaron and Hannah his wife”; to his grandson, Samuel Jackson, he gives “one negro boy Davy or George, son of Squire and his wife Gincy.”

To Sarah Jackson, wife of his adopted son, Andrew Jackson, of whom he speaks in very affectionate terms, “I hereby recognize by this bequest, the gift I made her on her marriage, of the negro girl Gracy which I bought for her, ... as her maid and seamster with her increase, and my house servant Hannah, and her two daughters, ... to her and her heirs forever.” “This gift and bequest is made for my great affection for her; as a memento of her uniform attention to me, and kindness on all occasions, and particularly when worn down with sickness, pain and debility, she has been more than a daughter to me and I hope she will never be disturbed in the enjoyment of this gift, and bequest by any one.”

To his nephew, Andrew J. Donelson, he gives “the elegant sword presented to me by the State of Tennessee,” with an injunction.

To his grandnephew, Andrew Jackson Coffee, “I bequeath the elegant sword presented to me by the Rifle Company of New Orleans, commanded by Capt Beal, as a memento of my regard and to bring to his recollection the gallant services of his deceased father Genl. John Coffee in the late Indian and British war under my command, and his gallant conduct in defence of New Orleans in 1814 and 1815, with this injunction, that he wield it in the protection of the rights secured to the American citizen under our glorious constitution, against all invaders whether foreign foes or intestine traitors.”

To his grandson, Andrew Jackson, “the sword presented to me by the citizens of Philadelphia, with this injunction, that he will always use it in defence of the constitution of our glorious union, and the perpetuation of our republican system--remembering the motto ‘draw me not without occasion nor sheath me without honor!’”

“The pistols of Genl. Lafayette which <u>was</u> presented by him to Genl. George Washington and by Col. Wm. Robertson presented to me, I bequeath to George Washington Lafayette as a memento of the illustrious personages thro whose hands they have passed, his _father and the father of his Country_.”

“The gold box presented to me by the Corporation of the City of New York--the large silver vase presented to me by the Ladies of Charleston, South Carolina, my native State, with the large picture representing the unfurling of the American banner, presented to me by the Citizens of South Carolina, when it was refused to be accepted by the United States Senate, I leave in trust to my son A. Jackson Jnr. with directions that should our happy Country not be blessed with peace, an event not always to be expected, he will at the close of the war or end of the conflict, present each of said articles of inestimable value, to that patriot residing in the City or State from which they were presented who shall be adjudged by his Countrymen, or the Ladies, to have been the most <u>valient</u> in defence of his Country and our Country’s rights.”

To General Robert Armstrong he bequeaths his case of pistols and sword worn by himself throughout his military career.

To his son he leaves all his walking canes, and other relics, to be distributed amongst his young relatives, namesakes--first, to his namesake, Andrew J. Donelson, son of his nephew, A. J. Donelson, first choice, and then to be distributed as his son may think proper.

“Lastly, I appoint my adopted son Andrew Jackson Jnr., my whole and sole Executor of this my last will and testament.”

WILL OF JOHN JAY

The will of Mr. John Jay, who died at his residence, Bedford, Westchester County, New York, May 17, 1829, in the eighty-fourth year of his age, is as follows:

“I, John Jay, of Bedford, in the county of Westchester, and State of New York, being sensible of the importance and duty of so ordering my affairs as to be prepared for death, do make and declare my last will and testament in manner and form following, viz.:--Unto Him Who is the author and giver of all good, I tender sincere and humble thanks for His manifold and unmerited blessings, and especially for our redemption and salvation by His beloved Son. He has been pleased to bless me with excellent parents, with a virtuous wife, and with worthy children. His protection has accompanied me through many eventful years, faithfully employed in the service of my country; and His providence has not only conducted me to this tranquil situation, but also given me abundant reason to be contented and thankful. Blessed be His holy name. While my children lament my departure, let them recollect that in doing them good, I was only the agent of their Heavenly Father, and that He never withdraws His care and consolations from those who diligently seek Him.

“I would have my funeral decent, but not ostentatious. No scarfs--no rings. Instead thereof, I give two hundred dollars to any one poor deserving widow or orphan of this town, whom my children shall select.”

* * * * *

“I appoint all my children, and the survivors or survivor of them, executors of this my last will and testament. I wish that the disposition which I have therein made of my property, may meet with their approbation, and the more so, as their conduct relative to it, has always been perfectly proper, reserved, and delicate. I cannot conclude this interesting act, without expressing the satisfaction I have constantly derived from their virtuous and amiable behavior. I thank them for having largely contributed to my happiness by their affectionate attachment and attention to me, and to each other. To the Almighty and Beneficent Father of us all, to His kind providence, guidance, and blessing, I leave and commend them.”

WILL OF JOSEPH JEFFERSON

Joseph Jefferson, the distinguished American comedian, died in 1905, in his seventy-sixth year. Aside from his reputation as a great actor, he was a landscape painter of considerable ability. His will, executed in duplicate, is dated the 27th day of October, 1899, and is signed “Joseph Jefferson” and “J. Jefferson.” To certain friends, he bequeaths the sum of twenty-three thousand dollars ($23,000), one of whom was Joseph Sefton, of Fitzroy, Melbourne, Australia.

Unto his wife, Sarah Jefferson, he gives his books, pictures, horses, carriages and other personal property in and about his residence at Buzzards Bay; he also gives her his residence and lands constituting said estate, together with one-third of his bonds, stocks, mortgages and money, as well as one-half of the proceeds of his real estate in Louisiana, and one-third of the proceeds of all other real estate.

His oil paintings, painted by himself, he directed should be equally divided among his wife and children, in the following manner: “My wife shall first choose such paintings as she prefers to an extent equalling her share thereof: then my eldest child shall make a like selection; and my other children shall then in turn make their several selections.”

All the rest of his estate, real and personal, he directs shall be sold and equally divided among his children. The will concludes:

“I desire that my remains shall be deposited in such burial plot or place as shall be selected by my family, and that my funeral shall be strictly private and without show or ostentation of any kind.”

A codicil written at “The Reefe,” Palm Beach, Florida, December 14th, 1904, is in the following words:

“To my Wife and to my Executor:

“I, Joseph Jefferson, being sound of mind, do make and authorize this document as a codicil to my last will and testament.

“I bequeath to my faithful attendant, Carl Kettler, if in my employ at the time of my death, the sum of $1000.00.

“Also I bequeath to George McQueen if in my employ at the time of my death, the sum of $500.00.

“I bequeath to the Actors’ Home $1000.00; to the actors and actresses who are inmates of said Home $500.00; to be equally divided between them.

“I bequeath to the Theatrical Woman’s League $500.00.

“I bequeath to the Actors’ Fund $500.00.

“To my old friend, William Winter, Sr. the sum of $500.00 and one of my pictures painted by myself.

“To my friend, Honorable Grover Cleveland, my best Kentucky reel.

“My fishing and sporting tackle to be divided between my five sons.

“To my friend, Earnest Gittings of Baltimore, one of my own paintings to be selected by my wife.

“J. JEFFERSON.”

WILL OF THOMAS JEFFERSON

Thomas Jefferson, the author of the Declaration of Independence, and the third President of the United States, died on July 4, 1826, the same day that his predecessor in office, John Adams, passed away.

His will is dated the 16th day of March, 1826, and on the following day a codicil of equal length was added. Both the will and the codicil will be found attractive and entertaining, and are here fully transcribed.

* * * * *

“I, Thomas Jefferson, of Monticello, in Albemarle, being of sound mind and in my ordinary state of health, make my last will and testament in manner and form as follows:

“I give to my grandson Francis Eppes, son of my dear deceased daughter Mary Eppes, in fee simple, all that part of my lands at Poplar Forest lying west of the following lines, to wit: beginning at Radford’s upper corner near the double branches of Bear Creek and the public road, and running thence in a straight line to the fork of my private road, near the barn; thence along that private road (as it was changed in 1817), to its crossing of the main branch of North Tomahawk Creek; and from that crossing, in a direct line over the main ridge which divides the North and South Tomahawk, to the South Tomahawk, at the confluence of two branches where the old road to the Waterlick crossed it, and from that confluence up the northermost branch, (which separate M’Daniels’ and Perry’s fields) to its source; and thence by the shortest line to my western boundary. And having, in a former correspondence with my deceased son-in-law, John W. Eppes, contemplated laying off for him, with remainder to my grandson Francis, a certain portion in the southern part of my lands in Bedford and Campbell, which I afterwards found to be generally more indifferent than I had supposed, and therefore determined to change its location for the better; now to remove all doubt, if any could arise on a purpose merely voluntary and unexecuted, I hereby declare that what I have herein given to my said grandson, Francis, is instead of, and not additional to, what I had formerly contemplated. I subject all my other property to the payment of my debts in the first place. Considering the insolvent state of the affairs of my friend and son-in-law, Thomas Mann Randolph, and that what will remain of my property will be the only resource against the want in which his family would otherwise be left, it must be his wish, as it is my duty, to guard that resource against all liability for his debts, engagements or purposes whatsoever, and to preclude the rights, powers, and authorities over it, which might result to him by operation of law, and which might, independently of his will, bring it within the power of his creditors, I do hereby devise and bequeath all the residue of my property, real and personal, in possession or in action, whether held in my own right, or in that of my dear deceased wife, according to the powers vested in me by deed of settlement for that purpose, to my grandson, Thomas J. Randolph, and my friends Nicholas P. Trist and Alexander Garrett, and their heirs, during the life of my said son-in-law, Thomas M. Randolph, to be held and administered by them, in trust, for the sole and separate use and behoof of my dear daughter, Martha Randolph, and her heirs; and aware of the nice and difficult distinction of the law in these cases, I will further explain by saying, that I understand and intend the effect of these limitations to be, that the legal estate and actual occupation shall be vested in my said trustees, and held by them in base fee, determinable on the death of my said son-in-law, and the remainder during the same time be vested in my said daughter and her heirs and of course disposable by her last will, and that at the death of my said son-in-law the particular estate of the trustees shall be determined, and the remainder in legal estate, possession, and use, become vested in my said daughter and her heirs, in absolute property forever. In consequence of the variety and indescribableness of the articles of property within the house at Monticello, and the difficulty of inventorying and appraising them separately and specifically, and its inutility, I dispense with having them inventoried and appraised; and it is my will that my executors be not held to give any security for the administration of my estate. I appoint my grandson Thomas Jefferson Randolph, my sole executor during his life, and after his death, I constitute executors my friends Nicholas P. Trist and Alexander Garrett, joining to them my daughter Martha Randolph, after the death of my said son-in-law Thomas M. Randolph. Lastly, I revoke all former wills by me heretofore made; and in witness that this is my will, I have written the whole with my own hand on two pages, and have subscribed my name to each of them this sixteenth day of March, one thousand eight hundred and twenty-six.

“THOMAS JEFFERSON.”

* * * * *

“I, Thomas Jefferson, of Monticello, in Albemarle, make and add the following codicil to my will, controlling the same so far as its provisions go:

“I recommend to my daughter Martha Randolph, the maintenance and care of my well beloved sister Anne Scott, and trust confidently that from affection to her, as well as for my sake, she will never let her want a comfort. I have made no specific provision for the comfortable maintenance of my son-in-law Thomas M. Randolph, because of the difficulty and uncertainty of devising terms which shall vest any beneficial interest in him, which the law will not transfer to the benefit of his creditors, to the destitution of my daughter and her family, and disablement of her to supply him: whereas, property placed under the exclusive control of my daughter and her independent will, as if she were a feme sole, considering the relation in which she stands both to him and his children, will be a certain resource against want for all.

“I give to my friend James Madison, of Montpelier, my gold-mounted walking staff of animal horn, as a token of the cordial and affectionate friendship which for nearly now an half century, has united us in the same principles and pursuits of what we have deemed for the greatest good of our country.

“I give to the University of Virginia my library, except such particular books only, and of the same edition, as it may already possess, when this legacy shall take effect: the rest of my said library, remaining after those given to the University shall have been taken out, I give to my two grandsons-in-law Nicholas P. Trist and Joseph Coolidge. To my grandson Thomas Jefferson Randolph, I give my silver watch in preference of the golden one, because of its superior excellence. My papers of business going of course to him, as my executor, all others of a literary or other character I give to him as of his own property.

“I give a gold watch to each of my grandchildren, who shall not have already received one from me, to be purchased and delivered by my executors to my grandsons, at the age of twenty-one, and granddaughters at that of sixteen.

“I give to my good, affectionate, and faithful servant Burwell, his freedom, and the sum of three hundred dollars, to buy necessaries to commence his trade of glazier, or to use otherwise, as he pleases.

“I give also to my good servants John Hemings and Joe Fosset, their freedom at the end of one year after my death; and to each of them respectively, all the tools of their respective shops or callings; and it is my will that a comfortable log-house be built for each of the three servants so emancipated, on some part of my lands convenient to them with respect to the residence of their wives, and to Charlottesville and the University, where they will be mostly employed, and reasonably convenient also to the interests of the proprietor of the lands, of which houses I give the use of one, with a curtilage of an acre to each, during his life or personal occupation thereof.

“I give also to John Hemings the service of his two apprentices Madison and Eston Hemings, until their respective ages of twenty-one years, at which period respectively, I give them their freedom; and I humbly and earnestly request of the legislature of Virginia a confirmation of the bequest of freedom to these servants, with permission to remain in this State, where their families and connections are, as an additional instance of the favor, of which I have received so many other manifestations in the course of my life, and for which I now give them my last solemn, and dutiful thanks.

“In testimony that this is a codicil to my will of yesterday’s date, and that it is to modify so far the provisions of that will, I have written it all with my own hand in two pages, to each of which I subscribe my name, this seventeenth day of March, one thousand eight hundred and twenty-six.

“THOMAS JEFFERSON.”

WILL OF ROBERT E. LEE

General Robert E. Lee died October 12, 1870. The following is a literal copy of his will, together with a schedule of his property:

“I, Robert E. Lee of the U. S. Army, do make ordain & declare this instrument to be my last will & testament revoking all others.

“1. All my debts, whatever they may be, & of which there are but few, are to be punctually, & speedily paid.

“2. To my dearly beloved wife _Mary Custis Lee_ I give & bequeath the use profit & benefit of my whole Estate real & personal, for the term of her natural life, in full confidence that she will use it to the best advantage in the education & care of my children.

“3. Upon the decease of my wife it is my will & desire that my Estate be divided among my children, in such proportions to each, as their situations & necessities in life may require; and as may be designated by her; & I particularly request that my second daughter Anne Carter, who from an accident she has recd. in one of her eyes, may be more in want of aid than the rest, may if necessary be particularly provided for.

“Lastly I constitute & appoint my dearly beloved wife _Mary Custis Lee_ & my eldest son _George Washington Custis Lee_ (when he shall have arrived at the age of twenty one years) executrix & executor of this my last will & testament, in the construction of which I hope & trust no dispute will arise.

“In witness of which I have set my hand & seal this thirty first day of August in the year one thousand eight hundred & forty six.

“R. E. LEE.”

“SCHEDULE OF PROPERTY

“100 Shares of the Stock of the Bank of Virginia Richmond $10,000.00
39 Shares of the Stock of the Valley of Virginia Winchester 3,900.00
$6,100. of Jas. R. & Kanawha Compy Bonds 6,100.00
$2,000. Virginia 6 per ct State Bonds 2,000.00
$2,000. Phil: Wil: & Baltimore R. R. 6 per ct loan 2,000.00
$2,000. Bonds of Kentucky 6 pr cts 2,000.00
6 per cts Bonds of the State of Ohio 5,000.00
Bond of John Lloyd & wife 3,000.00
Bonds of Workner & Rice & of Louis Engel, St. Louis, Mo: 4,500.00
1 Share of Nat: theatre, Washington City 250.00
---------
$38,750.00

_Nancy_ & her children at the White House New Kent all of whom I wish liberated, so soon as it can be done to their advantage & that of others. An undivided third part of the tract of land in Floyd Va. devised to me by my mother, of which I am negotiating a sale with M. N. Burwell for $2,500. My share of property in Hardy Va belonging to the estate of my father. My share of a claim of the property leased to the Government by my father at Harpers Ferry & believed to belong to his estate. My share or 1/3 of 200 acres of land in Fairfax Co: Va:

“R. E. LEE.”

WILL OF JAMES LICK

James Lick was born at Fredericksburg, Lebanon County, Pennsylvania, on August 25, 1796. He began life as an organ and piano maker, first at Hanover, Pennsylvania, and afterwards at Baltimore, Maryland. In 1820, he started business on his own account in Philadelphia, and shortly afterward emigrated to Buenos Ayres, where for ten years he successfully prosecuted his trade; subsequently, he moved to Valparaiso and later to California, where he arrived with a moderate fortune in 1847. He spent his remaining days in California, dying there October 1, 1876, leaving an estate valued at about $4,000,000. He is said to have been of an unlovable, eccentric, solitary and avaricious character. Had it not been for his last will and testament, he would have died “unwept, unhonored, and unsung.” This one act of his life was a contradiction of the whole. By a trust deed, which was to be fully effective at his death, after bequeathing a number of small legacies to friends and relatives, and reserving for his own use $25,000 per year during his life, he provided for the expenditure of $700,000 for the construction and equipment of an astronomical observatory for the University of California; $25,000 was bequeathed to the San Francisco Protestant Asylum; $10,000 to the California Society for the Prevention of Cruelty to Animals: he also set aside an amount equal to $20,000 for monuments to be erected to the memory of his father, mother, grandfather and sister; $100,000 for the founding of the Old Ladies’ Home of San Francisco; $150,000 for the erection and maintenance of free public baths in San Francisco; $60,000 for the erection of a bronze monument in Golden Gate Park, San Francisco, “to the memory of Francis Scott Key, author of the song, ‘The Star-Spangled Banner;’” $100,000 for a group of bronze statuary representing in three periods the history of California; $540,000 for the founding and erection of a California School of Mechanical Arts: the residue of his estate, he directed should be equally divided between the California Academy of Sciences and the Society of California Pioneers.

The observatory constitutes the astronomical department of the University of California, and was the most cherished of all Mr. Lick’s schemes of public benefaction; it is claimed that he had nursed the idea for many years before he began to put it into practical shape; he directed that the telescope should be superior and more powerful than any yet made, and it was such at the time of its erection; it is now the second largest refracting telescope in the world, being surpassed only by that of the Yerkes Observatory of the University of Chicago, located at Williams Bay, Wisconsin. The situation on Mount Hamilton is particularly advantageous, giving, as it does, an unobstructed view for a radius of one hundred miles, and an opportunity for observation during the greater part of the year,--clear nights occurring regularly for six or seven months out of the year. In its construction, the wishes and hopes of the testator were fully carried out, for, up to that time, no such instrument had ever been cast or attempted.

WILL OF HENRY WADSWORTH LONGFELLOW

Longfellow, probably the most popular of American poets, died March 24, 1882.

Certain words were erased in his will, as indicated by the dashes; the instrument follows:

“The last will and testament of Henry Wadsworth Longfellow of Cambridge, in the County of Middlesex and State of Massachusetts, gentleman.

“I devise to my sister Mrs. Anna L. Pierce the sum of Five hundred dollars annually, during her life; and I direct my Executor hereinafter named, to retain in his hands an amount of property sufficient to yield the above sum in each and every year; the principal to be finally distributed among my heirs at law, as hereinafter provided.

“I also give the following sums as legacies to and among my relatives and friends.

“Five ---- to my brother Samuel Longfellow. ---- the children of my brother Stephen Longfellow. Five Thousand dollars to my brother Alexander Wadsworth Longfellow. ---- the children of George W. Greene of East Greenwich, Rhode Island.

“The residue of my property I give to my children, in the same manner, as the same would have descended to them by the statutes of distribution in this Commonwealth, had I died intestate.

“I appoint my friend Richard H. Dana, Sr., Esquire of Cambridge, Executor of this my last will and testament.

“In witness whereof I have hereto set my hand and seal this twenty fifth day of May in the year eighteen hundred and sixty eight.

“HENRY W. LONGFELLOW.”

WILL OF WILLIAM MCKINLEY

William McKinley died at Buffalo, New York, September 14, 1901. His will is as follows:

“EXECUTIVE MANSION, WASHINGTON.

“I publish the following as my latest will and testament, hereby revoking all former wills.

“To my beloved wife Ida S. McKinley I bequeathe all of my real estate wherever situate, and the income of any personal property of which I may be possessed at death, and during her natural life.

“I make the following charge upon all of my property both real and personal. To pay my Mother during her life One thousand dollars a year, and at her death said sum to be paid to my sister Helen McKinley.

“If the income from property be insufficient to keep my wife in great comfort, & pay the <u>anuity</u> above provided, then I direct that such of my property be sold so as to make a sum adequate for both purposes. Whatever property remains at the death of my wife I give to my brothers & sisters share & share alike. My chief concern is that my wife from my estate shall have all she requires for her comfort & pleasure, & that my Mother shall be provided with whatever money she requires, to make her old age comfortable and happy.

“Witness my hand and seal this 22ond day of October 1897, to my last will and testament made at the City of Washington Dist. of Columbia.

“WILLIAM MCKINLEY.”

WILL OF DOLLY P. MADISON

The will of Dolly P. Madison, Washington’s first social queen, wife of President James Madison, is as follows:

“In the name of God, Amen.

“I, Dolly P. Madison, widow of the late James Madison of Virginia, being of sound & disposing mind and memory but feeble in body having in view the uncertainty of life & the rapid approach of death do make publish and declare the following to be my last will and testament: That is to say I hereby give and bequeath to my dear son John Payne Todd the sum of ten thousand dollars being the one half of the sum appropriated by the Congress of the United States for the purchase of my husbands papers, which sum stands invested in the names of James Buchanan, John G. Mason & Richard Smith as trustees:

“Secondly I give and bequeath to my adopted daughter Annie Payne ten thousand dollars, the remaining half of the said sum of twenty thousand dollars, appropriated as aforesaid by Congress and standing in the names of said trustees, for her lifetime; hereby directing the said sum of ten thousand dollars to remain in the names of the said trustees for the use of my said adopted daughter for her life and that they the said trustees pay the interest as it becomes due on the same, to her, during her life.

“And I further will & devise that should my said son John Payne Todd survive my said daughter that upon her death the sum so devised to her shall be paid over to him & his executors; but in the event of my said adopted daughter Annie Payne, surviving the said John Payne Todd that the sum above devised to her for life shall be held by the said trustees for her & her executors forever free from all condition; leaving all the rest and residue of my property to be administered and distributed according to law.

“D. P. MADISON.”

WILL OF JAMES MADISON

Ex-President James Madison, fourth President of the United States, died on June 28, 1836. By his will, he devises unto his wife, during her life, the tract of land whereon he lived; provided that within three years after his death, she would pay the sum of Nine Thousand Dollars for certain lands, but in the event she should not pay said sum, then the land should be sold for cash and divided as afterwards directed in the will.

Unto his wife, he devises his grist-mill with the land attached thereto, for her use during her life, to be sold at her death, and the purchase money to be divided between his nephews and nieces.

Unto his wife, he devises his house and lots in the city of Washington. He likewise gives unto his wife, the negroes owned by him, with the request, however, that none of them should be sold without their consent, unless for misbehavior; except that infant children might be sold with their parents, who would consent for them.

All his personal estate of every description, ornamental, as well as useful, except as otherwise bequeathed, is given to his wife, together with all manuscript papers, with the statement that the testator has entire confidence in her discreet and proper use of them.

He suggests that the report made by him of the Convention at Philadelphia in 1787, would be particularly gratifying to the people of the United States and to all who take an interest in the progress of political science and the cause of true liberty. This report he desires to be published under the authority of his wife and by her direction; the proceeds to be paid out as follows: Two Thousand Dollars to Mr. Gurley, Secretary of the Colonization Society; Fifteen Hundred Dollars to the University of Virginia; One Thousand Dollars to the College of Nassau Hall at Princeton, New Jersey; and One Thousand Dollars to the College of Uniontown, Pennsylvania, for the benefit of their respective libraries. This fund is also to embrace a trust created for the education of the sons of two deceased nephews, Robert S. Madison and Ambrose Madison.

Unto the University of Virginia, the testator gives all that portion of his library which is not possessed by the University and which the board of visitors might deem worthy of a place therein, reserving, however, to his wife, the right to select such books and pamphlets as she should choose, not exceeding three hundred volumes.

To his brother-in-law, John C. Payne, he devises two hundred and forty acres of land on which the said John C. Payne was living.

Unto his stepson, John Payne Todd, he gives the case of medals presented by George W. Erving, and the walking staff made from a timber of the frigate, _Constitution_, which was presented to the testator by Commodore Elliot, her commander.

His mounted walking staff, bequeathed to the testator by Thomas Jefferson, he directs shall be delivered to Thomas J. Randolph.

There is a codicil to this will, wherein the testator directs that the proceeds of the sale of the grist-mill, upon the death of his wife, shall be paid to the American Colonization Society. The codicil is written with the hand of the testator.

WILL OF CHIEF JUSTICE MARSHALL

The will of the great expounder of the Constitution of the United States is on file in Richmond, Virginia. Included in its provisions is the forest home of Lord Fairfax, Greenway Court, that George Washington surveyed, and where he was frequently a guest. The Chief Justice bought a portion of this land, and received the rest as a fee for arranging the disputed questions between the State of Virginia and the heirs of Lord Fairfax.

The will is dated April 9, 1832, and has five codicils, the last written a short time before his death. The will begins:

“I, John Marshall, do make this my last will and testament entirely in my own handwriting this ninth day of April, 1832. I owe nothing on my own account.”

He mentions a suit for some property he had purchased, and some paper he was on, as surety for a friend. The suit mentioned in the will was one that was not settled until forty years after his decease, and his heirs were so numerous at that time that each received only eleven dollars out of a considerable sum.

The estate is divided equally between an only daughter and five sons, the wife having predeceased him. The share of the daughter is left in trust, and the testator states that common prudence dictates that a daughter should be protected from distress whatever casualties might happen.

His great affection for his wife is evidenced throughout the instrument. In carrying out some of her wishes, he spoke of her as one “whose sainted spirit has fled from the sufferings inflicted on her in this life.” He also requests his daughter to remember that the departed wife “was the most affectionate of mothers.” Accompanying the will was a beautiful eulogy to his wife, which he had written on the first anniversary of her death.

To each of his grandsons named John he gave one thousand acres of land.

The will concludes with the statement that, having prior to that time appointed his sons and son-in-law executors, but fearing so many executors would produce confusion in the management of the estate, he selected for this duty only one, namely, James Keith Marshall, directing that no surety be required of him as such, and allowing him a thousand dollars for his care and pains.

The favorite servant Robin it was directed should be emancipated, and if he desired to go to Liberia, he was to have a hundred dollars for that purpose. If he did not go, he was to receive fifty dollars. If under the law he could not be consistently emancipated, then he was to choose his own master among the sons, or, if he preferred, the daughter of the testator.

WILL OF JAMES MONROE

James Monroe died July 4, 1831. His will, dated the sixteenth day of May, 1831, is in part as follows:

“Having given my estate called Ashfield to my daughter Elizabeth, which estate cost me about six thousand dollars, it is my will and intention to pay my daughter Maria that sum, to put them on an equality in the first instance; and then divide my property remaining after paying my just debts equally between them, my said daughters; with respect to the works in which I am engaged and leave behind, I commit the care and publication of them to my son in law Samuel L. Gouvernieur, giving to him one third of the profits arising therefrom for his trouble in preparing them for publication, one third to my daughter Maria and one third to my daughter Elizabeth.

“I appoint and constitute my son in law Samuel L. Gouvernieur my sole and exclusive executor of this my last will and testament, hereby revoking all others, giving him full powers to carry it into effect. I recommend my daughter E. K. Hay to the fraternal care and protection of my son in law Samuel L. Gouvernieur.

“JAMES MONROE.”

A codicil to the will is as follows:

“My very infirm and weak state of health, having rendered it altogether impossible for me to manage my own concerns in any one circumstance, I have committed them to Mr. Gouvernieur, in whose integrity I have perfect confidence. This has been extended to the grant lately made me by Congress, which I have authorized him, to enter and dispose of, in his own name, well knowing that he will apply it in that way, with more advantage than if entered in mine--I mention this, as a particular & interesting example, with which I wish my family, as well as he and myself to be acquainted. The whole will be under the operation after my departure of my present testament. He will, of course, pay particular attention to my other debts, as well as to that which I owe to himself, and I further request Captain James Monroe & William M. Price, to adjust and settle my account between Mr. Gouvernieur & myself--this request having been made at his suggestion. Signed sealed published and declared in the presence of ---- this seventeenth day of June in the year of our Lord one thousand eight hundred and thirty one.

“JAMES MONROE.”

WILL OF GOUVERNEUR MORRIS

Gouverneur Morris, the celebrated orator and statesman of New York, died in 1816. He had great affection for his wife, whom he married late in life. This lady was Miss Ann Randolph, a cousin of John Randolph of Roanoke, and was much younger than himself; their married life was one of great happiness. He bequeathed to her a very handsome income and then provided that in case she remarried the income should be doubled. It must be noted that such cases are rare.

It was Gouverneur Morris who delivered funeral orations on Washington, Hamilton and Clinton, and these addresses are masterpieces in composition and literary finish.

WILL OF GEORGE PEABODY

George Peabody died in London, November 4, 1869. He was born in the parish of Danvers, Massachusetts, in 1795: twice during the War of 1812 he was a volunteer in defence of the United States.

He established the house of Peabody & Company in London, and died there, but ever maintained the liveliest interest in his native land; he remained unmarried; during his lifetime, he gave away nearly ten millions of dollars, largely for the betterment of society; the objects of his bounty are too well known to be stated; the most influential during his life being three millions for the promotion of education in the Southern States, and three millions to erect model tenements for the poor of London.

When he died, the Queen attended his funeral in person, accompanied by the Royal Guard, and ordered that his body be placed in Westminster Abbey; Gladstone was one of his pall-bearers; by his will, however, he had directed that his body should rest in Harmony Grove in his native village, by the side of his father and mother and in a spot known to his boyish feet. The body was removed from the Abbey and placed on board the British man-of-war, _Monarch_, in the presence of the Prime Minister, the Secretary of Foreign Affairs and many distinguished citizens; the _Monarch_ was convoyed to America by a French and an American man-of-war.

The Rev. Newman Hall said, in his funeral oration: “George Peabody waged a war against want and woe. He created homes--he never desolated one. He sided with the friendless, the houseless, and his life was guided by a law of love which none could ever wish to repeal. His was the task of cementing the hearts of Briton and American, pointing both to their duty to God and to Humankind.”

The philanthropy of Peabody was not in secret, or posthumous; he did not clutch his treasures until death should release the grasp; he parted with his millions in his lifetime. Mr. Moody, the Evangelist, relates this incident:

“I was a guest of John Garrett once, and he told me that his father used to entertain George Peabody and Johns Hopkins. Peabody went to England, and Hopkins stayed in Baltimore. They both became immensely wealthy; Garrett tried to get Hopkins to make his will, but he wouldn’t. Finally, Garrett invited both to dinner and afterward asked Peabody which he enjoyed most, the making of money or giving it away. Hopkins cocked up his ears, and then Peabody told him that he had a struggle at first, and it lasted until he went into his model London houses, and saw the little children so happy. ‘Then,’ said Peabody, ‘I began to find out it was pleasanter to give money away than it was to make it.’ Forty-eight hours later Hopkins was making out his will, founding the University and Hospital which bear his name.”

WILL OF JAMES K. POLK

Mr. Polk had held distinguished positions in the State of Tennessee, but he was in no sense a national figure at the time of his nomination by the Democratic party. His will was written with his own hand at the Executive Mansion in Washington, at a time when he was President of the United States; he was a lawyer of recognized ability, and his will was witnessed by one who had been his law partner, but who was then a senator of the United States. It was evidently the result of much careful deliberation on his part. He died at Nashville on June 15, 1849, comparatively a young man, not long after quitting the office of President of the United States. His widow continued to reside on the Polk place in the City of Nashville, and she survived him some forty years. This venerable lady became one of the most unique social characters in America. An annual pension of five thousand dollars voted by Congress, maintained her in a position of ease and comfort, if not of retired elegance. The legislature of Tennessee, at every one of its sessions, adjourned and paid a ceremonial visit to her at her residence.

The life estate in the home place, which was devised to her by the will of her husband, terminated at her death, some years ago.

President Polk had seven brothers and sisters now dead, but all of whom left numerous children. Many of them joined together in a chancery suit to set aside his will on the ground that it was void as being contrary to the provision of the constitution of the State of Tennessee against perpetuities. It has been suggested that the meanness of these persons was extreme, as the estate was not large, and their action served to upset Mr. Polk’s attempt to perpetuate his memory. The court did set aside the will.

The heirs claimed that the State of Tennessee had no power to accept the trust; that the trust was too vague and uncertain; that it created a perpetuity; that it established a house of nobility, and secured through the instrumentality of the State, a succession to persons related in blood, privileges and honors inconsistent with the laws of the State. The State of Tennessee affirmed that the main object of the testator was to set aside a small lot of land for a tomb for himself and his wife, and that the other matters devised were but incidents.