Chapter XLI (2)

_Item._--To my brother, _Charles Washington_, I give and bequeath the gold-headed cane left me by Dr. _Franklin_ in his will. I add nothing to it, because of the ample provision I have made for his issue. To the acquaintances and friends of my juvenile years, _Lawrence Washington_ and _Robert Washington_, of Chotanck, I give my other two gold-headed canes, having my arms engraved on them; and to each, as they will be useful where they live, I leave one of the spyglasses, which constituted part of my equipage during the late war. To my compatriot in arms, and old and intimate friend, Dr. _Craik_, I give my bureau (or, as the cabinet-makers call it, tambour secretary) and the circular chair, an appendage of my study. To Dr. _David Stuart_ I give my large shaving and dressing table, and my telescope. To the Reverend, now _Bryan, Lord Fairfax_, I give a Bible, in three large folio volumes, with notes, presented to me by the Right Reverend _Thomas Wilson_, Bishop of Sodor and Man. To General _de Lafayette_ I give a pair of finely-wrought steel pistols, taken from the enemy in the revolutionary war. To my sisters-in-law, _Hannah Washington_ and _Mildred Washington_, to my friends, _Eleanor Stuart, Hannah Washington_, of Fairfield, and _Elizabeth Washington_, of Hayfield, I give each a mourning ring, of the value of one hundred dollars. These bequests are not made for the intrinsic value of them, but as mementoes of my esteem and regard. To _Tobias Lear_ I give the use of the farm, which he now holds in virtue of a lease from me to him and his deceased wife (for and during their natural lives), free from rent during his life; at the expiration of which, it is to be disposed of as is hereinafter directed. To _Sally B. Haynie_ (a distant relation of mine) I give and bequeath three hundred dollars. To _Sarah Green_, daughter of the deceased _Thomas Bishop_, and to _Ann Walker_, daughter of _John Alton_, also deceased, I give each one hundred dollars, in consideration of the attachment of their fathers to me; each of whom having lived nearly forty years in my family. To each of my nephews, _William Augustine Washington_, _George Lewis_, _George Steptoe Washington_, _Bushrod Washington_, and _Samuel Washington_, I give one of the swords, or couteaux, of which I may die possessed; and they are to choose in the order they are named. These swords are accompanied with an injunction not to unsheathe them for the purpose of shedding blood, except it be for self-defence, or in defence of their country and its rights: and, in the latter case, to keep them unsheathed, and prefer falling with them in their hands to the relinquishment thereof.

And now, having gone through these specific devises, with explanations for the more correct understanding of the meaning and design of them, I proceed to the distribution of the more important parts of my estate, in manner following;

FIRST.--To my nephew, _Bushrod Washington_, and his heirs (partly in consideration of an intimation to his deceased father, while we were bachelors, and he had kindly undertaken to superintend my estate during my military services in the former war between Great Britain and France, that, if I should fall therein, Mount Vernon, then less extensive in domain than at present, should become his property), I give and bequeath all that part thereof, which is comprehended within the following limits, viz. Beginning at the ford of Dogue Run, near my Mill, and extending along the road, and bounded thereby, as it now goes, and ever has gone, since my recollection of it, to the ford of Little Hunting Creek, at the Gum Spring, until it comes to a knoll opposite to an old road, which formerly passed through the lower field of Muddy-Hole Farm; at which, on the north side of the said road, are three red or Spanish oaks, marked as a corner, and a stone placed; thence by a line of trees, to be marked rectangular, to the back line or outer boundary of the tract between _Thompson Mason_ and myself: thence with that line easterly (now double ditching, with a post-and-rail fence thereon) to the run of Little Hunting Creek; thence with that run, which is the boundary between the lands of the late _Humphrey Peake_ and me, to the tide water of the said creek; thence by that water to Potomac River; thence with the river to the mouth of Dogue Creek; and thence with the said Dogue Creek to the place of beginning at the aforesaid ford; containing upwards of four thousand acres, be the same more or less, together with the mansion-house, and all other buildings and improvements thereon.

SECOND.--In consideration of the consanguinity between them and my wife, being as nearly related to her as to myself, as on account of the affection I had for, and the obligation I was under to, their father when living, who from his youth had attached himself to my person, and followed my fortunes through the vicissitudes of the late Revolution, afterwards devoting his time to the superintendence of my private concerns for many years, whilst my public employments rendered it impracticable for me to do it myself, thereby affording me essential services, and always performing them in a manner the most filial and respectful; for these reasons, I say, I give and bequeath to _George Fayette Washington_ and _Lawrence Augustine Washington_, and their heirs, my estate east of Little Hunting Creek, lying on the River Potomac, including the farm of three hundred and sixty acres, leased to _Tobias Lear_, as noticed before, and containing in the whole, by deed, two thousand and twenty-seven acres, be it more or less; which said estate it is my will and desire should be equitably and advantageously divided between them, according to quantity, quality, and other circumstances, when the youngest shall have arrived at the age of twenty-one years, by three judicious and disinterested men; one to be chosen by each of the brothers, and the third by these two. In the mean time, if the termination of my wife's interest therein should have ceased, the profits arising therefrom are to be applied for their joint uses and benefit.

THIRD.--And whereas it has always been my intention, since my expectation of having issue has ceased, to consider the grandchildren of my wife in the same light as I do my own relations, and to act a friendly part by them; more especially by the two whom we have raised from their earliest infancy, namely, _Eleanor Parke Custis_ and _George Washington Parke Custis_; and whereas the former of these hath lately intermarried with _Lawrence Lewis_, a son of my deceased sister, _Betty Lewis_, by which union the inducement to provide for them both has been increased; wherefore I give and bequeath to the said _Lawrence Lewis_, and _Eleanor Parke Lewis_, his wife, and their heirs, the residue of my Mount Vernon estate, not already devised to my nephew, _Bushrod Washington_, comprehended within the following description, viz. All the land north of the road leading from the ford of Dogue Run to the Gum Spring, as described in the devise of the other part of the tract to _Bushrod Washington_, until it comes to the stone and three red or Spanish oaks on the knoll; thence with the rectangular line to the back line (between Mr. _Mason_ and me); thence with that line westerly along the new double ditch to Dogue Run, by the tumbling dam of my Mill; thence with the said run to the ford aforementioned. To which I add all the land I possess west of the said Dogue Run and Dogue Creek, bounded easterly and southerly thereby; together with the mill, distillery, and all other houses and improvements on the premises, making together about two thousand acres, be it more or less.

FOURTH.--Actuated by the principle already mentioned, I give and bequeath to _George Washington Parke Custis_, the grandson of my wife, and my ward, and to his heirs, the tract I hold on Four Mile Run, in the vicinity of Alexandria, containing one thousand two hundred acres, more or less, and my entire square, No. 21, in the city of Washington.

FIFTH.--All the rest and residue of my estate real and personal, not disposed of in manner aforesaid, in whatsoever consisting, wheresoever lying, and whensoever found (a schedule of which, as far as is recollected, with a reasonable estimate of its value, is hereunto annexed), I desire may be sold by my executors, at such times, in such manner, and on such credits (if an equal, valid, and satisfactory distribution of the specific property cannot be made without), as in their judgment shall be most conducive to the interest of the parties concerned; and the moneys arising therefrom to be divided into twenty-three equal parts, and applied as follows, viz. To _William Augustine Washington_, _Elizabeth Spotswood_, _Jane Thornton_, and the heirs of _Ann Ashton_, sons and daughters of my deceased brother, _Augustine Washington_, I give and bequeath four parts; that is, one part to each of them. To _Fielding Lewis_, _George Lewis_, _Robert Lewis_, _Howell Lewis_, and _Betty Carter_, sons and daughters of my deceased sister, _Betty Lewis_, I give and bequeath five other parts; one to each of them. To _George Steptoe Washington_, _Lawrence Augustine Washington_, _Harriot Parks_, and the heirs of _Thornton Washington_, sons and daughters of my deceased brother _Samuel Washington_, I give and bequeath other four parts; one to each of them. To _Corbin Washington_, and the heirs of _Jane Washington_, son and daughter of my deceased brother, _John Augustine Washington_, I give and bequeath two parts; one to each of them. To _Samuel Washington_, _Frances Ball_, and _Mildred Hammond_, son and daughters of my brother _Charles Washington_, I give and bequeath three parts; one part to each of them. And to _George Fayette Washington_, _Charles Augustine Washington_, and _Maria Washington_, sons and daughter of my deceased nephew, _George Augustine Washington_, I give one other part; that is, to each a third of that part. To _Elizabeth Parke Law_, _Martha Parke Peter_, and _Eleanor Parke Lewis_, I give and bequeath three other parts; that is, a part to each of them. And to my nephews, _Bushrod Washington_ and _Lawrence Lewis_, and to my ward, the grandson of my wife, I give and bequeath one other part; that is, a third thereof to each of them. And, if it should so happen, that any of the persons whose names are here enumerated (unknown to me) should now be dead, or should die before me, that in either of these cases, the heirs of such deceased person shall, notwithstanding, derive all the benefits of the bequest, in the same manner as if he or she was actually living at the time. And, by way of advice, I recommend it to my executors not to be precipitate in disposing of the landed property (herein directed to be sold), if from temporary causes the sale thereof should be dull; experience having fully evinced, that the price of land, especially above the falls of the river and on the western waters, has been progressively rising, and cannot be long checked in its increasing value. And I particularly recommend it to such of the legatees (under this clause of my will), as can make it convenient, to take each a share of my stock in the Potomac Company, in preference to the amount of what it might sell for; being thoroughly convinced myself, that no uses to which the money can be applied, will be so productive as the tolls arising from this navigation when in full operation (and thus, from the nature of things, it must be, ere long), and more especially if that of the Shenandoah is added thereto.

The family vault at Mount Vernon requiring repairs, and being improperly situated besides, I desire that a new one of brick, and upon a larger scale, may be built at the foot of what is commonly called the Vineyard Enclosure, on the ground which is marked out; in which my remains, with those of my deceased relations (now in the old vault), and such others of my family as may choose to be entombed there, may be deposited. And it is my express desire, that my corpse may be interred in a private manner, without parade or funeral oration.

LASTLY, I constitute and appoint my dearly beloved wife, _Martha Washington_, my nephews, _William Augustine Washington_, _Bushrod Washington_, _George Steptoe Washington_, _Samuel Washington_, and _Lawrence Lewis_, and my ward, _George Washington Parke Custis_ (when he shall have arrived at the age of twenty-one years), executrix and executors of this my will and testament; in the construction of which it will be readily perceived, that no professional character has been consulted, or has had any agency in the draft; and that, although it has occupied many of my leisure hours to digest, and to throw it into its present form, it may, notwithstanding, appear crude and incorrect; but, having endeavored to be plain and explicit in all the devises, even at the expense of prolixity, perhaps of tautology, I hope and trust that no disputes will arise concerning them. But if, contrary to expectation, the case should be otherwise, from the want of legal expressions, or the usual technical terms, or because too much or too little has been said on any of the devises to be consonant with law, my will and direction expressly is, that all disputes (if unhappily any should arise) shall be decided by three impartial and intelligent men, known for their probity and good understanding; two to be chosen by the disputants, each having the choice of one, and the third by those two; which three men, thus chosen, shall, unfettered by law or legal constructions, declare their sense of the testator's intention; and such decision is, to all intents and purposes, to be as binding on the parties as if it had been given in the Supreme Court of the United States.

_In witness of all and of each of the things herein contained, I have set my hand and seal, this ninth day of July, in the year one thousand seven hundred and ninety,[135] and of the Independence of the United States the twenty-fourth._

GEORGE WASHINGTON.

* * * * *

SCHEDULE OF PROPERTY

_Comprehended in the foregoing Will, which is directed to be sold; and some of it conditionally is sold; with descriptive and Explanatory Notes relative thereto._

IN VIRGINIA.

Price.
Acres. Dollars. Dollars.

Loudoun County, Difficult Run, 300 6,666 _a_
Loudoun and Fauquier, Ashby's Bent, 2481 10 24,810} _b_
Chattin's Run, 885 8 7,080} _b_
Berkeley, South Fork of Bullskin, 1600
Head of Evan's M., 453
In Wormeley's Line, 183
----
2236 20 44,720 _c_

Frederic, bought from Mercer, 571 20 11,420 _d_ Hampshire, on Potomac River, above B., 240 15 3,600 _e_

Acres. Price. Dollars.

Gloucester, on North River, 400 about 3,600 _f_
Nansemond, near Suffolk,
one third of 1119 acres, 373 8 2,984 _g_
Great Dismal Swamp, my dividend thereof, about 20,000 _h_
Ohio River, Round Bottom, 587
Little Kenhawa, 2314
Sixteen miles lower down, 2448
Opposite Big Bent, 4395
------
9744 10 97,440 _i_
Great Kenhawa,
Near the mouth, west, 10990
East side, above, 7276
Mouth of Cole River, 2000
Opposite thereto, 2950
Burning Spring, 125
---- 3075
------ 200,000 _k_

MARYLAND. Charles County 600 6 3,600 _l_ Montgomery County, 519 12 6,228 _m_

PENNSYLVANIA. Great Meadows 234 6 1,404 _n_

NEW YORK. Mohawk River, about 1000 6 6,000 _o_

NORTHWEST TERRITORY.
On Little Miami, 839
Ditto, 977
Ditto, 1235
------
3051 5 15,255 _p_
KENTUCKY.
Rough Creek, 3000
Ditto, adjoining, 2000
------
5000 2 10,000 _q_

LOTS.

CITY OF WASHINGTON.

Two near the Capitol, Square 634, cost 963 dollars,
and with buildings, 15,000 _r_
Nos. 5, 12, 13, and 14, the last three water lots on
the Eastern Branch, in Square 667, containing
together 34,438 square feet, at 12 cents, 4,132 _s_

ALEXANDRIA.

Corner of Pitt and Prince streets, half an acre, laid
out into building lots, three or four of which are
let on ground rent, at three dollars per foot, 4,000 _t_

WINCHESTER.

A lot in the town, of half an acre, and another on the
common, of about six acres, supposed, 400 _u_

BATH, OR WARM SPRINGS.

Two well-situated and handsome buildings, to the amount
of £150, 800 _v_

STOCK.
Dollars.

United States 6 per cent. 3,746
Ditto, deferred, 1,873
Ditto, 3 per cent. 2,946
------ 2,500

------ 6,246 _w_

Potomac Company, 24 shares, cost each £100 sterling, 10,666 _x_ James River Company, 5 shares, each cost 100 dollars, 500 _y_ Bank of Columbia, 170 shares, 40 dollars each, 6,800} _z_ Bank of Alexandria, 1,000} _z_ Besides 20 shares in the free school,--5.

STOCK LIVING.

One covering horse, 5 carriage horses, 4 riding horses, 6 brood mares, 20 working horses and mares, 2 covering jacks and 3 young ones, 10 she-asses, 42 working mules, 15 younger ones, 329 head of horned cattle, 640 head of sheep, and a large stock of hogs, the precise number unknown. [Symbol: Hand with pointing finger.] My manager has estimated this live stock at £7000; but I shall set it down, in order to make a round sum, at 15,653 -------- Aggregate amount, $530,000

* * * * *

NOTES.

(_a_) This tract, for the size of it, is valuable, more for its situation than the quality of its soil; though that is good for farming, with a considerable proportion of ground that might very easily be improved into meadow. It lies on the great road from the city of Washington, Alexandria, and Georgetown, to Leesburgh and Winchester, at Difficult Bridge, nineteen miles from Alexandria, less from the city of Georgetown, and not more than three from Matildaville, at the Great Falls of Potomac. There is a valuable seat on the premises, and the whole is conditionally sold for the sum annexed in the schedule.

(_b_) What the selling prices of lands in the vicinity of these two tracts are, I know not; but, compared with those above the Ridge, and others below them, the value annexed will appear moderate; a less one would not obtain them from me.

(_c_) The surrounding land, not superior in soil, situation, or properties of any sort, sells currently at from twenty to thirty dollars an acre. The lowest price is affixed to these.

(_d_) The observations made in the last note apply equally to this tract; being in the vicinity of them, and of similar quality, although it lies in another county.

(_e_) This tract, though small, is extremely valuable. It lies on Potomac River, about twelve miles above the town of Bath, or Warm Springs, and is in the shape of a horseshoe; the river running almost around it. Two hundred acres of it are rich low grounds, with a great abundance of the largest and finest walnut trees; which, with the produce of the soil, might (by means of the improved navigation of the Potomac) be brought to a shipping port with more ease, and at a smaller expense, than that which is transported thirty miles only by land.

(_f_) This tract is of second-rate Gloucester low ground. It has no improvements thereon, but lies on navigable water, abounding in fish and oysters. It was received in payment of a debt (carrying interest), and valued in the year 1789, by an impartial gentleman, at £800. N. B. It has lately been sold, and there is due thereon a balance, equal to what is annexed in the schedule.

(_g_) These 373 acres are the third part of an undivided purchase made by the deceased Fielding Lewis, Thomas Walker, and myself, on full conviction that they would become valuable. The land lies on the road from Suffolk and Norfolk, touches (if I am not mistaken) some part of the navigable water of Nansemond River. The rich Dismal Swamp is capable of great improvement, and from its situation must become extremely valuable.

(_h_) This is an undivided interest, which I hold in the Great Dismal Swamp Company, containing about 4000 acres, with my part of the plantation and stock thereon, belonging to the Company in the said swamp.

(_i_) These several tracts of land are of the first quality, on the Ohio River, in the parts where they are situated; being almost, if not altogether, river bottoms. The smallest of these tracts is actually sold at ten dollars an acre, but the consideration therefor not received. The rest are equally valuable, and sold as high; especially that which lies just below the Little Kenhawa, and is opposite to a thick settlement on the west side of the river. The four tracts have an aggregate breadth upon the river of sixteen miles, and are bounded thereby for that distance.

(_k_) These tracts are situated on the Great Kenhawa River, and the first four are bounded thereby for more than forty miles. It is acknowledged by all who have seen them (and of the tract containing 10,990 acres, which I have been on myself, I can assert), that there is no richer or more valuable land in all that region. They are conditionally sold for the sum mentioned in the schedule, that is, 200,000 dollars; and, if the terms of that sale are not complied with, they will command considerably more. The tract, of which the 125 acres is a moiety, was taken up by General Andrew Lewis and myself, for and on account of a bituminous spring which it contains, of so inflammable a nature as to burn as freely as spirits, and is nearly as difficult to extinguish.

(_l_) I am but little acquainted with this land, although I have once been on it. It was received (many years since) in discharge of a debt to me from Daniel Jenifer Adams, at the value annexed thereto, and must be worth more. It is very level; lies near the river Potomac.

(_m_) This tract lies about thirty miles above the city of Washington, not far from Kittoctan. It is good farming land; and, by those who are well acquainted it, I am informed that it would sell at twelve or fifteen dollars per acre.

(_n_) This land is valuable on account of its local situation, and other properties. It affords an exceeding good stand on Braddock's Road from Fort Cumberland to Pittsburgh, and, besides a fertile soil, possesses a large quantity of natural meadow, fit for the scythe. It is distinguished by the appellation of the Great Meadows, where the first action with the French in 1754 was fought.

(_o_) This is the moiety of about 2000 acres, which remains unsold of 6071 acres on the Mohawk River (Montgomery County), in a patent granted to Daniel Coxe, in the township of Coxborough and Carolina, as will appear by deed from Marinus Willett and wife to George Clinton, late governor of New York, and myself. The latter sales have been at six dollars an acre, and what remains unsold will fetch that or more.

(_p_) The quality of these lands, and their situations, may be known by the surveyor's certificates, which are filed along with the patents. They lie in the vicinity of Cincinnati; one tract near the mouth of the Little Miami; another seven, and the third ten miles up the same. I have been informed, that they will command more than they are estimated at.

(_q_) For the description of these tracts in detail, see General Spotswood's letters, filed with the other papers relating to them. Besides the general good quality of the land, there is a valuable bank of iron ore thereon, which, when the settlement becomes more populous (and settlers are moving that way very fast), will be found very valuable, as the Rough Creek, a branch of Green River, affords ample water for furnaces and forges.

LOTS.

CITY OF WASHINGTON.

(_r_) The two lots near the Capitol, in square 634, cost me 963 dollars only. But in this price I was favored, on condition that I should build two brick houses, three stories high each. Without this reduction, the selling prices of those lots would have cost me about 1350 dollars. These lots, with the buildings thereon, when completed, will stand me in 15,000 dollars at least.

(_s_) Lots Nos. 5, 12, 13, and 14, on the Eastern Branch, are advantageously situated on the water; and, although many lots, much less convenient, have sold a great deal higher, I will rate these at 12 cents the square foot only.

ALEXANDRIA.

(_t_) For this lot, although unimproved, I have refused 3500 dollars. It has since been laid out into proper sized lots for building on; three or four of which are let on ground rent for ever, at three dollars a foot on the street, and this price is asked for both fronts on Pitt and Prince streets.

WINCHESTER.

(_u_) As neither the lot in the town or common have any improvements on them, it is not easy to fix a price; but, as both are well situated, it is presumed that the price annexed to them in the schedule is a reasonable valuation.

BATH.

(_v_) The lots in Bath (two adjoining) cost me, to the best of my recollection, between fifty and sixty pounds, twenty years ago; and the buildings thereon, one hundred and fifty pounds more. Whether property there has increased or decreased in its value, and in what condition the houses are, I am ignorant; but suppose they are not valued too high.

STOCK.

(_w_) These are the sums which are actually funded; and though no more in the aggregate than 7566 dollars, stand me in at least ten thousand pounds, Virginia money; being the amount of bonded and other debts due to me, and discharged during the war, when money had depreciated in that rate,--[symbol of hand with pointing finger] and was so settled by public authority.

(_x_) The value annexed to these shares is what they have actually cost me, and is the price affixed by law; and, although the present selling price is under par, my advice to the legatees (for whose benefit they are intended, especially those who can afford to lie out of the money) is, that each should take and hold one; there being a moral certainty of a great and increasing profit arising from them in the course of a few years.

(_y_) It is supposed that the shares in the James River Company must be productive. But of this I can give no decided opinion, for want of more accurate information.

(_z_) These are the nominal prices of the shares in the Banks of Alexandria and Columbia; the selling prices vary according to circumstances; but, as the stocks usually divide from eight to ten per cent. per annum, they must be worth the former, at least, so long as the banks are conceived to be secure, although from circumstances they may sometimes be below it.

The value of the live stock depends more upon the quality than quantity of the different species of it, and this again upon the demand, and judgment or fancy of purchasers.

GEORGE WASHINGTON. MOUNT VERNON, _July_ 9, 1799.

[135] It appears that the testator omitted the word "nine,"--Sparks.

[136] As General Washington never had any children, he gave the larger part of his property to his nephews and nieces, and the children of Mrs. Washington's son by her first marriage. The principal heir was Bushrod Washington, son of his brother, John Augustine Washington.--SPARKS.

[137] This paragraph answers the question which has sometimes been asked, with an unfriendly spirit, "Why did not Washington manumit his slaves during his lifetime?" He was ever anxious to give them freedom, and to see the system abolished from the republic. In 1783, he wrote to Lafayette: "The scheme which you propose, as a precedent to encourage the emancipation of the black people in this country, from the state of bondage in which they are held, is a striking evidence of the benevolence of your heart. I shall be happy to join you, in so laudable a work."

To Robert Morris he wrote in October 1786: "There is not a man living, who wishes more sincerely than I do to see a plan adopted for the abolition of slavery; but there is only one proper and effectual mode by which it can be accomplished, and that is, by legislative authority; and this, as far as my suffrage will go, shall never be wanting. But when slaves, who are happy and contented with their present masters, are tampered with and seduced to leave them; when masters are taken unawares by these practices; when a conduct of this kind begets discontent on one side and resentment on the other; and when it happens to fall on a man whose purse will not measure with that of the Society [Quakers], and he loses his property for want of means to defend it; it is oppressive in such a case, and not humanity in any, because it introduces more evils than it can cure."

To John F. Mercer, of Virginia, he wrote, a few months later: "I never mean, unless some particular circumstances should compel me to it, to possess another slave by purchase, it being among my first wishes to see some plan adopted by which slavery in this country may be abolished by law."

In 1794, he wrote to Tobias Lear, his private secretary, then in England, endeavoring to negotiate the sale of some of Washington's wild lands, that one object he had in view in making sales was to place himself in a position to emancipate his slaves. "Another motive," he wrote--"which is, indeed, more powerful than all the rest--is, to liberate a certain species of property, which I possess, very reluctantly to my own feelings, but which imperious necessity compels," &c.

In 1797, he wrote to his nephew, Lawrence Lewis: "I wish, from my soul that the legislature of this state could see the policy of a gradual abolition of slavery. It might prevent much future mischief."