Chapter VII: Wills of Famous Americans (5)

It was the desire of Polk that his homestead should never pass into the hands of strangers, and also that the most worthy of his name and blood might occupy it from generation to generation. The will also provided that the tomb should be kept in repair forever by the tenant, as a small return for the privilege of being permitted to occupy the home.

WILL OF GEORGE M. PULLMAN

George M. Pullman, of Pullman Palace Car fame, died October 19, 1897. The will opens with the statement that his wife is not appointed executrix or trustee, because the testator wishes to relieve her of the labors, cares and responsibilities of these positions. Certain friends are appointed executors of the will.

He directs his executors to set aside certain securities of great value, which he gives to a trustee, and directs the income therefrom to be paid to his wife during her life, and upon her death, the principal becomes a part of the residuary estate. A similar provision is made for his daughters. Upon the death of the daughters, however, leaving issue, the property held in trust shall become absolutely the property of such issue in equal shares. Upon the death of either daughter, leaving no issue, but leaving a husband, one-half of the property then held in trust for such daughter shall become absolutely the property of such husband, and the other half shall pass into the residuary estate, as shall all property so held in trust for either daughter dying without having issue or husband.

The eighth item of the will reads as follows:

“Inasmuch as neither of my sons has developed such a sense of responsibility as in my judgment is requisite for the wise use of large properties and considerable sums of money, I am painfully compelled, as I have explicitly stated to them, to limit my testamentary provisions for their benefit to trusts producing only such income as I deem reasonable for their support.” Accordingly he established trusts for their benefit sufficient in the judgment of his executors to yield a fixed income for each with capital over to their issue.

Out of the remainder of his estate, after satisfying the provisions mentioned, the testator provides for his brothers and sisters by pecuniary legacies or trust provisions. In like manner, he also provides for other relatives, friends and employees, including household servants. A number of charitable corporations are also given legacies.

To a daughter, he gives an island in the St. Lawrence River, one of “The Thousand Islands,” on which the testator had erected an edifice known as “Castle Rest,” which was intended for a summer home for his mother, and which was used by her as such until the time of her death. This island and the castle, with all its appurtenances, furniture and pictures, is given to the daughter, as stated. The will then recites:

“It is my special wish that my said daughter shall each year keep open said island and Castle Rest from not later than the 26th day of July, which was my father’s birthday, until after the 14th day of August, which was my mother’s birthday, for the accommodation and enjoyment of all the descendants of my parents who may wish to visit and remain at said Castle Rest for the period during which it is so opened, or for any shorter time within said period.”

The power is given the daughter to dispose of this property by her last will and testament, and if this right is not exercised, the property is to pass to her issue in equal shares.

Full power is given the executors to sell or dispose of the estate at their discretion. He directs that if any residue of the estate remain after the devises, trusts and legacies specifically set forth, have been satisfied, that such excess be divided into two equal shares and held as a trust fund for his daughters.

WILL OF JOHN RANDOLPH

John Randolph--of Roanoke, as he styled himself--was born at Cawsons, near the mouth of the Appomattox River, on the 3rd of June, 1773. He died of consumption at Philadelphia on the 24th of June, 1833, at the age of sixty years.

He was one of the most remarkable characters that this country has ever produced. As is well known, he was noted both for his brilliancy and his eccentricity; he was repeatedly elected to Congress, served a short time as Minister to Russia, and was also a United States senator.

After his death, it was ascertained that he had left several wills: one was written in 1819; another, without date, though written in 1821, had four codicils, and still another was dated the first day of January, 1832. The first will was not admitted to probate; the last one was set aside, because he was not considered of sound mind at the time he wrote it. The will of 1821, however, after a long contest, was finally upheld; by this instrument, he freed over three hundred slaves. This will and the four codicils are here given literally.

“In the name of God, Amen.

“I, John Randolph, of Roanoke, do ordain this my last will and testament, hereby revoking all other wills whatsoever.

“1. I give and bequeath all my slaves their freedom, heartily regretting that I have ever been the owner of one.

“2. I give to my ex’or a sum not exceeding eight thousand dollars, or so much thereof as may be necessary to transport and settle said slaves to and in some other State or territory of the U.S., giving to all above the age of forty not less than ten acres of land each.

“To my old and faithful servants, Essex and his wife Hetty, who, I trust, may be suffered to remain in the State, I give and bequeath three-and-a-half barrels of corn, two hundred weight of pork, a pair of strong shoes, a suit of clothes, and a blanket each, to be paid them annually; also, an annual hat to Essex, and ten pounds of coffee and twenty of brown sugar.

“To my woman servant Nancy, the like allowance as to her mother. To Juba (alias Jupiter) the same; to Queen the same; to Johnny, my body servant, the same, during their respective lives.

“I confirm to my brother, Beverly, the slaves I gave him, and for which I have a reconveyance.

“I bequeath to John Randolph Clay four hundred dollars annually to complete his education, until he shall have arrived at the age of twenty-four years, earnestly exhorting him never to eat the bread of idleness or dependence.

“I bequeath to my namesake, John Randolph Bryan, my gold watch, chain and seals, and the choice of my horses.

“I bequeath to his brother, Thomas, the choice of two of my horses.

“To William Leigh, of Halifax, I bequeath to him and his heirs forever all the land on which I live, lying between the Owen’s ferry road and Carrington’s, Cooke’s, Lipscomb’s and Morton’s lines. Also, the books, plate, linen, household and kitchen furniture, liquors, stock, tools, and everything as it now stands, hereby appointing him my sole executor. And I do desire that he may not be required to give security, or to make any inventory of anything here; that is, at my mansion-house or the middle-quarter.”

[Cut out in the original.]

“B. Dudley, all the interest I have under the will of Mrs. Martha Corran.

“My interest, under the will of Mrs. Judith Randolph, I desire my executor to sell if he shall see fit, but not otherwise.

“The land above the Owen’s ferry road and the lower quarter, and the land I bought of the Reads, to be sold at my said executor’s discretion, and whatever m[cut out in the original]y debts I give and bequeath to Francis Scott Key and the Rev. Wm. Meade, to be disposed of towards bettering the condition of my manumitted slaves.

“I have not included my mother’s descendants in my will, because her husband, besides the whole profits of my father’s estate during the minority of my brother and myself, has contrived to get to himself the slaves given by my grandfather Bland, as her marriage portion when my father married her, which slaves were inventoried at my father’s death as part of his estate, and were as much his as any that he had. One-half of them, now scattered from Maryland to Mississippi, were entitled to freedom at my brother Richard’s death, as the other would have been at mine.

“Witness my hand and seal.” The name [cut out in the original]. (SEAL.) “In the presence of “RICHARD RANDOLPH, JR.”

“Codicil to this my will, made the 5th day of December, 1821. I revoke the bequest to T. B. Dudley, and bequeath the same to my executor, to whom also I give in fee simple all my lots and houses in Farmville, and every other species of property whatever that I die possessed of, saving the aforesaid specifications in my will.”

[The name cut out of the original.]

“Amelia County.

“The reason of the above revocation I have communicated to Wm. J. Barksdale, Esq.”

The codicil of 1826.

“In the name of God, Amen. I, John Randolph, of Roanoke, being of sound mind and memory, but of infirm health, do ordain this codicil to my last will and testament, now in the possession of Wm. Leigh, Esquire, of Halifax county, Virginia, executor thereof, which said appointment I do hereby confirm, with all the bequests made to him therein, and bequests to or for the benefit of all, each and every of my slaves, whether by name or otherwise, and all bequests to him and them which may be contained in my codicil to my last will. I make the same provision for my body servant John that I made in my will for his father Essex, and the same provision for the said John’s wife Betsy that I made for Hetty, the wife of Essex aforesaid, and similar provision for my man servant Juba, and his wife Celia, and the same for mulatto Nancy at the Lower Quarter, Archer’s wife. And I humbly request the General Assembly (the only request that I ever preferred to them) to let the above named, and such other of my old and faithful slaves as desire it, to remain in Virginia, recommending them, each and all, to the care of my said ex’or, who I know is too wise, just and humane, to send them to Liberia, or any other place in Africa, or the West Indies.

“I revoke all and every bequest in my said will, or in any former codicil thereto (except as aforesaid, to my executor Wm. Leigh, and my slaves, whether by name or otherwise), of every description whatsoever, whether of my own proper estate or in expectancy or reversion from the Bland and Bizaree estate, or from any other contingency or source whatsoever. These reversions or remainders, or executor’s devises, or whatsoever the law chooses to call them, I bequeath to my said executor, as a fund to be used at his discretion for the benefit of my slaves aforesaid, the surplus, if any, to be his own.

“I also give and bequeath to the said Wm. Leigh, my executor, the land that I bought of Pleasant Lipscomb’s estate, to him and his heirs forever.

“I also give and bequeath to my said executor and his heirs forever the lot of fifty-three acres of land lying at the deep gut on Staunton river, in Halifax county, that I bought of Wm. Sims Daniel, and I request my said executor not to sell or lease the same, but to work it in three shifts, and to enable him to do so, I give and bequeath to him the lot of one hundred and seventy-five acres of land in Halifax county, which I also bought of Wm. Sims Daniel, to have and to hold during his natural life, and at his decease to that one of his children to whom he shall bequeath the aforesaid lot of fifty-three acres at the deep gut.

“I give and bequeath to my friend, Thomas H. Benton, all that part of the tract of land that I bought of Jonathan Read’s heirs, that lies on the south-eastern side of Little Roanoke, containing about six hundred acres, as a mark of my regard to one whose friendship toward me was not expressed merely in words. I also give him my large pistols, made by Woydon & Burton.

“To my friend, Doctor John Brokenbough, I leave all my plate made by Rundle, Bridge & Rundle, viz.: 1 tea pot, one coffee pot, 1 sugar dish and tongs, two tureens, 4 sauce dishes. All the rest and residue of my plate, furniture of every sort, plantation utensils, &c., I give to my said executor, Wm. Leigh, and all my books, maps, charts, pictures, prints, and &c., except three folio manuscript volumes, bound in parchment, which I bequeath to the master and fellows (and their successors) of Trinity College, Cambridge, Old England, the first college of the first University of the world.

“To my friend Wm. J. Barksdale, of Haw Branch, Esquire, I bequeath my new English saddle and bridle, my silver spurs, my new English boots, and shoes, two pair each, my gold watch made by Baiwese, with the chain and seals, except the oldest seal with the Randolph arms and motto _nil admirari_, which I leave to R. Kidder Randolph, of Rhode Island.

“I also leave to the said W. J. Barksdale the choice of any of my mares or fillies.

“I leave to Edmond Irby, of Nottoway, the next choice of my mares or fillies, and any one of my horses or colts, to be selected by himself; also, my double barrel gun.

“To Peyton Randolph, of Buck river, Prince Edward, I leave my small cockney gun by Mortimer.

“All the rest and residue of my estate, real or personal, I leave to my executor, Wm. Leigh, hereby directing that no inventory or appraisement be made of my estate, and that no security shall be required of my said executor for the faithful discharge of the trust reposed in him--his own character being the best security, and where that is wanting, all other is unavailing.

“In witness whereof I have hereunto set my hand and affixed my seal (the following interlineation and expungings being first made; in the second paragraph the word ‘Essex’ interlined; in the third paragraph the word ‘former’ interlined, and the word ‘or’ expunged; and in the 7th paragraph the words ‘and tongs’ interlined) this thirty-first day of January, one thousand eight hundred and twenty-six (the whole of this codicil being written in my own hand).

“JOHN RANDOLPH, of Roanoke, (SEAL).

“In presence of

“M. ALEXANDER,
“NATH. MACON.

“MEMORANDUM.--The folio volumes of Ms. bound in parchment, containing the records, &c., of the old London company.”

The Codicil of 1828.

“Being in great extremity, but in my perfect senses, I write this codicil to my will in the possession of my friend Wm. Leigh, of Halifax county, Esquire, to declare that will is my sole last will and testament, and that if any other be found of subsequent date whether will or codicil, I do hereby revoke the same.

“Witness my hand and seal.

“JOHN RANDOLPH, of Roanoke, (SEAL.)

“May 6, 1828.

“Witness,

“EDMUND MORGAN,

“JO. M. DANIEL,

“ROBERT CARRINGTON.

* * * * *

“N.B.--When I was about to embark for Europe, in 1822, I did write a codicil on board the steamboat that was carrying me to the packet ship _Amity_, which codicil by my direction, Mr. Leigh destroyed.

“Since writing the above, it has occurred to me that the will referred to, as being in Mr. Leigh’s possession, makes no disposition of the land that I purchased of Walter Coles and Letty his wife; also the land I bought of ... Daniel, consisting of two small tracts in Halifax; also, of the land purchased of Pleasant Lipscomb’s heirs. Now this writing witnesseth, that I give and bequeath the whole of the above recited lands, purchased since the date of my will aforesaid, to William Leigh, Esquire, my faithful friend, who has given me aid and comfort, not with words only, but by deeds.

“I also give and bequeath to him and his heirs forever, not each and every of the aforesaid tracts of land, but all the property of every description and kind whatsoever that I may have acquired since the date of that will aforesaid.

“Witness my hand and seal this same sixth day of May, 1828.

“JOHN RANDOLPH, of Roanoke, (SEAL.)

“EDMUND MORGAN, “JO. M. DANIEL, “ROBT. CARRINGTON.

* * * * *

“In the will above recited, I give to my said ex’or, Wm. Leigh, the refusal of the land above Owen’s (now Clark’s) ferry road, at a price that I then thought very moderate, but which a change in the times has rendered too high to answer my friendly intentions towards my said executor in giving him that refusal. I do, therefore, so far, but so far only, modify my said will as to reduce that price 50 per cent.; in other words, one-half, at which he may take all the land above the ferry road that I inherited from my father, all that I bought of the late John Daniel, deceased, and of Tom Beaseley, Charles Beaseley, and others of that name and family, this last being the land that Gabriel Beaseley used to have in possession, and whereon Beverly Tucker lived, and which I hold by deed from him and his wife, of record in Charlotte county court.

“Witness my hand and seal ---- day and year aforesaid.

“JOHN RANDOLPH, of Roanoke, (SEAL.)

(The words ‘but so far only,’ and the word ‘from’ in the preceding page, first interlined.)

“Witness,

“EDMUND MORGAN, “JO. M. DANIEL, “ROBT. CARRINGTON.”

* * * * *

“As lawyers and courts of law are extremely addicted to making wills for dead men, which they never made when living, it is my will and desire that no person who shall set aside, or attempt to set aside, the will above referred to, shall ever inherit, possess, or enjoy any part of my estate, real or personal.

“JOHN RANDOLPH, of Roanoke, (SEAL.)

“Teste,

“ROBT. CARRINGTON, “EDMUND MORGAN, “JO. M. DANIEL.”

Codicil of 1831.

* * * * *

“On the eve of embarking for the U.S., considering my very feeble health, to say nothing of the dangers of the seas, I add this codicil to my last will and testament and the codicils thereto, affirming them all, except so far as they may be inconsistent with the following disposition of my estate:

“1. It is my will and desire that my dear niece, Elizabeth Tucker Bryan, shall have my lower quarter, with the lands purchased of Coles and wife and of Allen Gilliam’s estate, with the mill; and I do hereby bequeath the same to her and her heirs forever.

“2. To my brother, Henry St. George Tucker, I give and bequeath all my Bushy Forrest estate, on both sides of Little Roanoke, bought of the Reads, and all my interest in the estate of Mrs. Martha Corran, and my lots and houses in Farmville.

“3. I have upwards of two thousand pounds sterling in the hands of Barring Brothers & Co., of London, and upwards of one thousand pounds of like money in the hands of Gowane Marx; this money I leave to my ex’r, Wm. Leigh, as a fund for carrying into execution my will respecting my slaves. And in addition to the provision which I have made for my faithful servant John, sometimes called John White, I charge my whole estate with an annuity to him during his life of fifty dollars; and, as the only favor that I ever asked of any government, I do entreat the Assembly of Virginia to permit the said John and his family to remain in Virginia; and I do earnestly recommend him and them to my executor aforesaid and to my dear brother and niece aforesaid.

“4. My plate and library I leave to my dear niece, E. T. Bryan.

“Witness my hand, in Warwick street, Charing Cross, London, this twenty-ninth day of August, one thousand eight hundred and thirty-two, to which I have also appended my seal.

“JOHN RANDOLPH, of Roanoke, (L. S.)”

[Endorsement on the envelope,] “J. R., of R.

In case of accident, to be sent to the U.S.”

WILL OF PAUL REVERE

“Listen, my children, and you shall hear
Of the midnight ride of Paul Revere.”

Paul Revere died May 10, 1818; his will is dated the 15th day of November, 1816, and a codicil, the 14th day of March, 1818.

“In the name of God, Amen. I, Paul Revere of Boston in the County of Suffolk and Commonwealth of Massachusetts, Esquire, being in good health and of sound memory, but knowing that all men must die, do make and declare this to be my last will and testament.”

The payment of his just debts is directed, and the executor is to sell the real estate, if the personal property is not sufficient for that purpose.

“Item. I give, bequeath and devise unto my five children hereafter named, Mary Lincoln, wife of Jedediah Lincoln, Joseph Warren Revere, John Revere, Harriet Revere, Marie, wife of Joseph Balestier, each and every of them four thousand dollars.”

Item. Unto each of certain grandchildren, eighteen in number, the children of his deceased daughters, Deborah, Frances and Elizabeth, and a deceased son, Paul, he gives the sum of five hundred dollars.

“Item. It is my will that my grandson Frank (who now writes his name Francis) Lincoln, eldest son of my late daughter Deborah, shall have no part of my estate, except one dollar, which is here bequeathed to him.”

Item. He desired that Joseph Warren Revere, his son, should be appointed guardian of the children of his deceased daughters, who should be under age at the time of the division of his estate. Joseph Warren, who had been of great assistance to his father in bringing the “copper business to the state in which it now is,” is given the right to take, at a certain valuation, “all my real estate in the town of Canton, and County of Norfolk, whether lands, houses, mills, furnaces, together with the tools and instruments thereunto belonging, with all my stock, manufactured and unmanufactured, in Canton, Boston, or elsewhere.”

Item. A preference of five hundred dollars over other heirs is given his grandson, Frederick Walker Lincoln, and to Joseph Eayres, another grandson, a preference of two hundred and fifty dollars.

Item. Unto his daughter, Harriet, should she be unmarried at the time of his death, he gives and bequeaths all household furniture for her sole use forever.

Item. John Revere, his son, was appointed sole executor.

“Item. I give the residue of my estate, real and personal, if any remain, after the payment of my debts and the legacies herein given, to my son, Joseph Warren, and his heirs forever.” All former wills were revoked.

By a codicil, the amount given Mary Lincoln, Harriet Revere, and Marie Balestier, twelve thousand dollars, is annulled, and that sum is given in trust to his son, Joseph W. Revere, for the benefit of said daughters, the interest to be paid them during their natural lives, and after their deaths, respectively, the said fund is to be paid to their heirs (if the beneficiaries had not disposed of the same by will).

WILL OF RUSSELL SAGE

Russell Sage died July 21, 1906. His will is a clear, concise and pointed document, and might well serve as a model of its kind. Under it, safely passed one of the largest fortunes ever accumulated in the United States. It reads:

“I, Russell Sage, of the City and State of New York, do hereby make, publish and declare this my last Will and Testament, in manner and form following:

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

“_Second_: I give and bequeath to my sister, Fanny Chapin, wife of Samuel Chapin, of Oneida, New York, should she survive me, the sum of Ten thousand ($10,000) dollars.

“_Third_: I give and bequeath to each and every of my nephews and nieces of my own blood me surviving, the sum of Twenty five thousand ($25,000) dollars; and in the event that any of such nephews or nieces shall have died before me, leaving lawful issue him or her surviving, then I give and bequeath a like sum of Twenty five thousand ($25,000) dollars to the surviving lawful issue of each nephew or niece so dying before me, the same to be distributed among such issue share and share alike, _per stirpes_ and not _per capita_.

“_Fourth_: All the rest, residue, and remainder of my estate, real, personal and mixed, wheresoever situate, of which I may die seized or possessed, or to which I may be entitled at the time of my decease, I give, devise and bequeath to my wife, Margaret Olivia Sage, to have and to hold the same to her, absolutely and forever.

“_Fifth_: This provision for my wife is to be in lieu of all right of dower in my estate.

“_Sixth_: I authorize and empower my executors hereinafter named, and the survivors and survivor of them, to sell and dispose of all or any of the real estate of which I shall die seized or possessed, at public or private sale, at such times and on such terms and conditions as they, the survivors or survivor of them shall deem meet or proper, and to execute, acknowledge and deliver all proper writings, deeds of conveyance and transfers therefor.

“_Seventh_: Should any of the gifts and bequests made by me in the second and third paragraphs of this my will lapse or fail for any reason, I direct that the bequests so lapsing or failing shall go to and form part of my residuary estate, and be disposed of under and in accordance with the provisions of the fourth paragraph of this my will.

“_Eighth_: I nominate, constitute and appoint my wife, Margaret Olivia Sage; Dr. John P. Munn, of the City of New York; Almon Goodwin of said City, and Charles W. Osborne long my confidential and trusted assistant, the survivors and survivor of them, executrix and executors of this my last Will and Testament.

“In the event of the death, refusal or inability to act of said Charles W. Osborne, I hereby nominate and appoint Edward C. Osborne, also for some years past in my employment, as Executor in his place and stead. I further direct that none of the persons above named as executors shall be required to give any bond or security for the proper discharge of their duties.

“_Ninth_: I hereby authorize and direct my said executors to rent a suitable office for the transaction of the business of my estate, and to employ and pay out of the funds of my estate all the clerks and bookkeepers that may be necessary for the proper care and management thereof.

“_Tenth_: I hereby revoke all former or other wills and testamentary dispositions by me at any time heretofore made.

“_Eleventh_: Should any of the beneficiaries under this my will, other than my said wife, object to the probate thereof, or in any wise, directly or indirectly, contest or aid in contesting the same, or any of the provisions thereof, or the distribution of my estate thereunder, then and in that event I annul any bequest herein made to such beneficiary, and it is my will that such beneficiary shall be absolutely barred and cut off from any share in my estate.

“In witness whereof I have hereunto subscribed my name and affixed my seal at No. 2 Wall Street, New York City, Borough of Manhattan, this eleventh day of February, 1901, in the presence of Edward Townsend and Richard W. Freedman, whom I have requested to become attesting witnesses hereto.

“RUSSELL SAGE. (SEAL.)

* * * * *

“The foregoing instrument was subscribed, sealed, published and declared by Russell Sage as and for his last Will and Testament, in our presence and in the presence of each of us, and we, at the same time, at his request, in his presence and in the presence of each other, hereunto subscribe our names and residences as attesting witnesses this 11th day of February, 1901.

“EDWARD TOWNSEND, 130 West 121st St., New York. “R. W. FREEDMAN, 32 West 123rd St., N. Y. City.”

WILL OF JOHN SHERMAN

John Sherman died Oct. 22, 1900. His will is as follows:

“Impressed with the uncertainty of human life I, John Sherman now a Senator of the United States and from the State of Ohio and a Citizen of Mansfield, do make and declare and publish this as my last will and testament.

“ARTICLE ONE.. As the property I own has been mainly acquired since my marriage with Cecilia Stewart Sherman and my highest obligation is to her, I wish to secure her an ample provision during her life with reasonable means of bequest at her death; Therefore I hereby give, devise and bequeath to her as follows:

“FIRST. All my furniture, books, clothing, chattels and live stock and carriages wherever they may be at my Death (except such Books and papers as may be herein otherwise disposed of) to have and to hold in her own right without inventory and with power to dispose of as she deems proper.

“SECOND. I give and devise to her in fee simple all that part of the South east quarter of section Twenty (20) in Madison Township, Richland County, Ohio: Known as the Stewart farm and not disposed of at my death, my interest being three parts thereof and her interest by inheritance being one fourth, this is to include all sums due or accruing at the time of my death on contracts for the sale of any part of said farm.

“THIRD. I give and devise to her for and during her natural life, and for one year after her Death the use and occupation of my residence in Mansfield, Ohio, including all the lands and lots I now own, or may hereafter acquire, lying between West Market and Fourth Streets and Penn Avenue and Sycamore Street. And I give and devise to her for and during her Natural life and for One year after Death any House and the lot or lots on which it stands in the City of Washington then belonging to my estate which she may select and I direct my executors to pay all taxes General or special on the property described in this clause, and to keep it in good repair out of my General estate.

“FOURTH. I give and bequeath to her for and during her natural life an annuity of Twelve Thousand dollars payable monthly or one thousand Dollars a month at the beginning of each month, and in addition I bequeath to her the sum of five thousand dollars payable Promptly at my Death and the further sum of Twenty Thousand dollars to be disposed of by her will or other gift after her death and to secure the prompt and certain payment of this annuity I charge it upon all my property or the proceeds of it, not required to meet the other provisions of this will, and I direct my executors within six months after my death to set aside as a special Fund enough income producing property to yield without reasonable doubt the said sum of Twelve Thousand Dollars a year free from all Taxes and repairs to be selected by her, one half or more of which shall be rentable real estate, and such property and the income thereof shall be held to secure the payment of said annuity and any deficiency shall be made good from my general estate, a descriptive inventory of the property so set aside shall be delivered to her, and no part of it shall be sold or disposed of without her written consent.

“At her death the said property shall revert to my estate. This provision for my wife shall be in full for her dower, her year’s allowance and any other allowance or provision provided by law for a widow, and I trust will be accepted by her as a just and ample one made with an earnest desire for her ease and comfort.

“ARTICLE SECOND. I give, devise and bequeath to my adopted Daughter, Mary Stewart Sherman the sum of One Hundred Thousand dollars as follows: I hereby direct my Executors within six months after my death with the consent and approval of my Daughter to set aside dedicate and designate as Mary’s separate property so much of my estate as is equal in Cash value to the said sum of One Hundred Thousand dollars, one half or more of which shall be productive real estate and the remainder in good income producing Stocks, Bonds and Mortgages and the said property shall be held by my wife as long as she lives, as trustee for Mary, with power to re-invest and change security; the income and rents of said property or so much thereof as is necessary for the support and maintenance of Mary shall be paid to her as needed. Upon the death of my wife the principal whether in real estate or securities shall be conveyed transferred and delivered to Mary or to her issue in full ownership. If Mary should die without issue before the Death of my wife this devise and bequest shall revert to my estate.”

Then follow legacies to brothers and sisters, amounting to $90,000.

“I give and bequeath to Kate Willock the only child of my sister Julia Willock (deceased) the sum of $600.00 a year (in lieu of an annuity I am now paying her) payable quarterly until the death of my wife, and if she survives my wife I give her five thousand dollars. The several bequests made in the third article are made (the 4th clause excepted) with the distinct condition that at the discretion of my executors they may be paid any time within two years after my death and either of them in whole or in part in any real estate of which I die seized at its fair market value.

“ARTICLE FOUR. I hereby constitute and appoint my wife Cecelia Stewart Sherman and my Nephew Henry Stoddart Sherman as the Executors of this my will and testament.

“I hereby will and direct that within two years after my Death my books and papers so far as needed shall be placed in the possession of some competent person and he shall prepare and publish an impartial Biography of me with selections of my speeches and writings and I appropriate for that purpose the sum of Ten Thousand dollars to be paid by my Executors as needed. This provision is made not to secure a eulogy for I am conscious of many faults, but I claim that in my duty to the public I have been honest, faithful and true. I hereby allow to Henry S. Sherman Two Thousand dollars a year commencing at the date of my death and continuing as long as he lives and my wife survives me, as full compensation for his services as executor and his acceptance of this trust shall be considered as his agreement to this rate of compensation. I trust my wife will take an active part as executrix for which I wish her paid liberally.

“After the death of my wife when the special fund provided for her support lapses to my estate I hereby give and bequeath:

“1st. To the President and Faculty of Kenyon College Ohio Five Thousand dollars. 2nd. To the president and Faculty of Oberlin College Ohio five Thousand dollars. 3rd. To the City of Mansfield, Ohio, Five Thousand dollars for the Improvement of the Sherman-Heineman Park each to be paid within one year after the Death of my wife.

* * * * *

“ARTICLE SIX. The rest and residue of my property and the accretion thereto after the death of my wife and the full execution of all the foregoing provisions of this will I hereby give, devise and bequeath in equal parts share and share alike to my Daughter Mary Stewart Sherman to Henry S. Sherman (son of my Brother Charles) to Hoyt Sherman (son of my Brother James) to Philemon Tecumseh Sherman (son of my Brother William T.) to Charles H. Sherman (son of my Brother Lampson) and to Charles M. Sherman (son of my Brother Hoyt) to be divided if practicable among the Six by amicable partition. In case of the Death of either of said residuary Legatees before this bequest accrues then his or her Share is hereby granted to his or her heirs at Law.

“Having made and declared this will after full consideration not in view of Death but of its ever constant possibility I appeal to my relatives to aid my Executors in a spirit of forbearance to carry it into full effect. I allow my Executors two years without interest to pay the legacies in article three of this will.

“I hope to live long enough to execute many provisions of this will, when they Shall cease and terminate. Any person contesting this will shall receive no gift or devise or legacy under it and my Executors are authorized and enjoined not to pay any such nor shall such person receive any portion of my estate by inheritance.

“JOHN SHERMAN.”

* * * * *

There is a codicil to this will, dated the 15th day of January, 1900; in it two executors are named, one of those mentioned in the will having died: provision is made for the compensation of the executors, and other matters of minor importance are set forth.

WILL OF MYLES STANDISH

Captain Myles Standish, Longfellow’s hero, died at Duxbury, Massachusetts, on Friday, October 3, 1656; his will was made March 7, 1656.

“1 my will is that out of my whole estate my funerall charges be taken out & my bod[y] to bee buried in Decent manor and if I Die att Duxburrow my body to bee layed as neare as Conveniently may bee to my two Daughters Lora Standish my daughter and Mary Standish my Daughterinlaw

“2 my will is that out of the remaining prte of my whole estate that all my Jus[t] and lawfull Debts which I now owe or att the Day of my Death may owe bee paied

“3 out of what remaines according to the order of this Gov^{r}ment: my will is that my Dear and loveing wife Barbara Standish shall have the third prte

“4 I have given to my son Josias Standish upon his marriage one young horse five sheep and two heiffers which I must upon that contract of marriage make forty pounds yett not knowing whether the estate will bear it att p^{r}sent; my will is that the resedue remaine in the whole stocke that every one of my four sons viz Allexander Standish Myles Standish Josias Standish and Charles Standish may have forty pounds appeec; if not that they may have proportionable to y^{e} remaining prte bee it more or lesse

“5 my will is that my eldest son Allexander shall have a Doubble share in land

“6 my will is that soe long as they live single that the whole bee in prtenership betwix[t] them

“7 I Doe ordaine and make my Dearly beloved wife Barbara Standish Allexander Standish Myles Standish and Josias Standish Joynt Exequitors of this my last will and Testament

“8 I Doe by this will make and appoint my loveing frinds M^{r} Timothy Hatherly and Capt: James Cudworth Supervissors of this my last will and that they wilbee pleased to Doe the office of Christian love to bee healpfull to my poor wife and Children by theire Christian Counsell and advisse....

“By mee MYLES STANDISH”

WILL OF JANE LATHROP STANFORD

Jane Lathrop Stanford, late of San Francisco, California, together with her husband, Leland Stanford, founded the Leland Stanford Junior University. By her will, which is dated the 28th day of July, 1903, she gives many pecuniary legacies to relatives, friends and charitable institutions. Item XXII of her will reads as follows:

“All the rest, residue and remainder of my property and estate, of every kind and nature and wheresoever situated, not hereinbefore disposed of, I give, devise and bequeath to the Board of Trustees of the Leland Stanford Junior University as founded and endowed by my husband and myself by our joint grant of November eleventh, 1885, ... to have and to hold to the said Trustees and to their successors forever as an integral part of the endowment of the said University, upon the trust that the principal thereof shall forever remain intact, and that the rents, issues and profits thereof shall be devoted to the maintenance of said University.”

The will concludes with a beautiful expression of her faith in God and of her belief in a future life, in these words:

“I wish thus publicly to acknowledge my great gratitude to an allwise, loving Heavenly Father for His sustaining grace through the past ten years of bereavement, trial and disappointments. In all I have leaned hard on this Great Comforter and found rest and peace. I have no doubt about a future life beyond this; a fair land where no more tears will be shed and no more partings had.”

WILL OF ALEXANDER STEPHENS

Alexander H. Stephens died March 4, 1883. His will is as follows:

“Georgia, Taliaferro County.

“In the name of God, Amen: I, Alexander H. Stephens, of the State and County aforesaid, being of sound mind and disposing memory, do make and declare the following to be my last will and testament hereby revoking and annulling all other wills heretofore made by me, and codicils thereto:

“Item First: It is my will and desire that my friend Quinea O. Neal shall have a home at ‘Liberty Hall’ and comfortable support out of my estate as long as he lives:

“Item 2nd: Eliza Stephens widow of Harry Stephens is to have a home in the house she now occupies as long as she may feel disposed to, free from rent or charge:

“Item 3rd: I will and bequeath to the children of my deceased Brother Linton Stephens the sum of Ten thousand dollars in money the same to be divided into six equal shares of Sixteen hundred and Sixty six dollars and sixty six cents each; the share which would go to Rebecca Salter, daughter of my said Brother were she in life, I bequeath to her two children to wit: John and Agnes Emiline Salter: the share which would go to Emiline Stephens, daughter of my said Brother, I bequeath also to the said John and Agnes Salter. The other four shares I bequeath to Claude, Nora, Alexander and Rose Mary Stephens, children of my said Brother Linton, each separately and severally.

“Item 4th. I hereby constitute my sister in law, Mary W. Stephens testamentary guardian of the property herein bequeathed to John and Agnes Emiline Salter and also of the property in like manner bequeathed to Nora, Alexander and Rose Mary Stephens.

“Item 5th: The share given to my niece Claude Stephens, I wish to go in any way she may by written instructions, direct, by will or otherwise even if made before my death.

“Item 6th: The portrait of my brother Linton, by Healy, I leave to sister Mary W. Stephens, his widow, to dispose of as she sees proper; and if she dies without disposing of it, then to the State Library at Atlanta.

“Item 7th: The portrait by the same artist of my said Brothers first wife which I intended for Emma Stephens, her daughter, I wish if she shall so direct, to go to Agnes Emiline Salter:

“Item 8th: I wish sister Mary W. Stephens, widow of my said Brother Linton to have all his letters, which are in my possession except such as she may agree to let my Executor have:

“Item 9th: If my Nephew Alexander Stephens son of my Brother Linton, lives to the age of Twenty one years, I wish him to have if he desires them, all the letters in my possession, which passed between his father and myself, which run through a period of nearly forty years.

“Item 10th: According to a promise made to Micajah L. Jones, the house and lot which he occupied at the time of his death, and whereon his widow now lives, I bequeath to his said widow Minervia Jones for and during her natural life, and at her death to her children by the said Micajah L. Jones. And if her said children shall die without issue living at their death then the remainder to go to my Nephew, Clarence Stephens. Provided further that if her son Carey Jones shall pay to my Executor the sum of two hundred dollars, then he is to have said lot after the death of his mother, and full titles to this effect shall be made to him the said Carey by my Executor: and my Executor shall pay over said sum of two hundred dollars to the said Clarence Stephens:

“Item 11th: To my nephew Linton A. Stephens I bequeath my Baptist Church, Atlanta fair Gold headed cane, besides what I have given him:

“Item 12th: To my Nephew Alexander Stephens, son of my Brother Linton, I give my Gold headed Oglethorpe County cane.

“Item 13th: To my Niece Mary S. Carey, I give my marble top centre table, which belongs to my parlor:

“Item 14th: To my faithful servant, Alexander Kent, I give the sum of two hundred dollars for his kind attention to me.

“Item 15th: To Jane Moore, daughter of Harry Stephens, and Quinea and Fanny Stephens, I give the sum of Ten dollars each.

“Item 16th: To Dora Stephens I give the gold watch which she now has in her possession.

“Item 17th: To all the other of my old servants, I wish my Executor to give such articles of furniture or other things, as mementos he may see fit and proper:

“Item 18th: My property I think upon a fair valuation is worth twelve thousand dollars. All this after payment of the foregoing specific legacies and charges, I give to my Nephew John A. Stephens, who is hereby constituted Executor of this will. All the remainder of my Estate, consisting of real and personal property, and everything of value I may die possessed of, including my Library, Manuscripts, &c. I bequeath to him on condition that he shall pay all my debts: and the foregoing specific legacies. The payment of the legacies to the minor children of my Brother Linton, and Rebecca Salters two children, I wish to be in three annual installments if my Executor shall desire: the interest on all legacies to commence one year after my death at the rate of seven per cent per annum: In this way, the minor children will have plenty to pay their annual school bills: And my said Executor may be able, by sale if necessary, to raise the funds to meet his engagements without embarrassment: I will also add that I have never before given to my brother Lintons children anything but a few small presents; while I have given to my brother John and his children quite as much, perhaps, if not more than I now leave to Lintons children: And I with my brother Linton have also given to the children of our sister Catherine Grier several thousand dollars, the exact amount I do not now remember, nor is it material, but quite as much as I feel able to give them: The foregoing four pages penned by John A. Stephens, my Executor and written at my dictation, I have carefully read, with the three interlineations on the third page and the erasure of the word in the second line from the bottom on same page; and pronounce the whole, as the 18 items now stand to be correct and as I wish and will it.

“In witness whereof I have hereto set my hand and seal, this 15th day of July, 1881.

“ALEXANDER H. STEPHENS.”

WILL OF HARRIET BEECHER STOWE

Harriet Beecher Stowe died at Hartford, Connecticut, July 1, 1896. Her will is as follows:

“I, Harriet Beecher Stowe of Hartford Conn. being of sound and disposing mind and memory do make and ordain this my last will and testament.

“1. I direct that all my just debts and funeral charges be first paid.

“2. I give and devise to my son Charles the large silver inkstand given me by the women of England, also the cabinet of signatures standing in the hall. I give to my daughter Harriet the large silver waiter given to me by the women of England, and to my daughter Eliza the silver cake basket given to me by the women of England, and I give to my daughter Georgiana the gold bracelet given to me by the Duchess of Sutherland.

“3. I give all my pictures to my children to be divided among them by each choosing one beginning with the oldest and so in succession until they are all chosen.

“4. All the rest and residue of my property I give and devise as follows:

I give one third thereof to my son Charles, to him and his heirs for ever.

The remaining two thirds I give to John C. Parsons of the City of Hartford, as Trustee for the following purposes.

To safely invest and hold the same, and pay over half the income thereof quarterly to each of my two daughters Harriet and Eliza, so long as they both live, upon the death of either, said Trustee shall pay the whole of said income to the survivor so long as she shall live. If it shall become necessary, I authorize said trustee to expend from the principal such sums as shall be needed for the support of my said two daughters, if for any reason the income thereof shall not be sufficient for their support, but not otherwise. Upon the death of both my said daughters said trust shall cease, and the principal then in the hands of said Trustee or his successor I give to my son Charles, or his descendants if he should then be deceased. I make no provision out of my estate for my daughter Georgiana at her special request alone.

“5. I direct my executor to sell all my real estate as soon as practicable, and turn the same into personal property before the above division is made.

“6. I revoke all former wills and testaments and appoint my son Charles E. Stowe as executor of this will, and direct that he be required to give only the smallest bond as executor which the law will admit.

“In witness whereof I have hereunto set my hand and seal on this 3rd day of November a.d. 1885.

“HARRIET BEECHER STOWE.”

WILL OF SAMUEL J. TILDEN

Samuel J. Tilden died August 4, 1886. The failure of the trust created by his will has been extensively commented on by the lay and legal journals of the United States.

By a decision of the New York Court of Appeals, in the case of Tilden _v_. Green, the trust provision was overthrown. The late Professor J. B. Ames remarked: “Melancholy the spectacle must always be when covetous relatives seek to convert to their own use the fortune which a testator has devoted to a great public benefaction.”

The learned author then, without quoting the exact provisions of the will creating what is known as the “Tilden Trust,” transcribes as substantially correct, the summary of the same made by a majority of the judges of the New York Court of Appeals in the case in which the will was overthrown: “I request you (the executors) to cause to be incorporated an institution to be called the ‘Tilden Trust,’ with capacity to maintain a free library and reading-room in the city of New York, and such other educational and scientific objects as you shall designate; and if you deem it expedient--that is, if you think it advisable and the fit and proper thing to do--convey to that institution all or such part of my residuary estate as you choose; and if you do not think that course advisable, then apply it to such charitable, educational, and scientific purposes as, in your judgment, will most substantially benefit mankind.” “The trustees,” continues the learned commentator, “procured the incorporation of the ‘Tilden Trust,’ and elected to convey the entire residue to that institution. An admirable will and willing trustees--and yet the bequest was not sustained. If the trustees had not elected to give the property to the ‘Tilden Trust,’ that institution would have had no claim, nor would there have been, under the law of New York, any means of compelling them to apply it to the alternative charitable purposes. Therefore, the Court of Appeals decided, the trustees could not dispose of the property in either of the two modes indicated in the will, and the entire residue, amounting to some $5,000,000, must be distributed among the heirs and next of kin.”

WILL OF MARTIN VAN BUREN