Chapter VI · WILLS OF FAMOUS FOREIGNERS (continued 2)

“10. I devise and bequeath all the residue of my personal estate and effects whatsoever and wheresoever and all my real estate of every tenure and wheresoever situate unto and to the use of the children of the said William Shore Nightingale who shall be living at my death, and the child or children then living of any deceased child of his absolutely, and if more than one in equal shares, but so that the children of any deceased child of his shall take equally between them only the share which their parent would have taken had he or she survived me.

“11. I authorize my executors to determine what articles pass under any specific bequest contained in this my Will or any Codicil hereto and to determine all questions and matters of doubt arising under this my Will or any Codicil hereto. And I declare that every such determination, whether made upon a question actually raised or implied in the acts or proceedings of my executors, shall be conclusive and binding on all persons interested under this my Will. And I declare that all powers, authorities and discretions thereby expressed to be vested in or given to my executors shall be vested in and exercisible by the acting executors or executor for the time being of this my Will. And I declare that my executors may employ the said Louis Hilary Shore Nightingale professionally, if they think proper, and that if so employed he shall be entitled to charge and be paid all usual professional or other charges for any business done by him and whether in the ordinary course of his profession or business or not.

“12. I give my body for dissection or postmortem examination for the purposes of Medical Science and I request that the directions about my funeral given by me to my uncle, the late Samuel Smith, be observed; my original request was that no memorial whatever should mark the place where lies my ‘Mortal Coil.’ I much desire this but should the expression of such wish render invalid my other wishes, I limit myself to the above mentioned directions, praying that my body may be carried to the nearest convenient burial ground, accompanied by not more than two persons without trappings and that a simple cross, with only my initials, date of birth and of death, mark the spot.

“In witness whereof I have to this my last will and testament contained in six sheets of paper set my hand this twenty eighth day of July, one thousand eight hundred and ninety six.

“Florence Nightingale.”

Then follows the attestation clause. There are three codicils to this unusual will; the first making slight changes in legacies, but of no particular interest to the general reader.

There are two items in the second codicil worthy of reproduction and they are here given:

“4. I revoke the paragraph numbered 6 of my said will and bequeath the letters, papers, manuscripts and books which I thereby requested might be destroyed and the majority of which I believe should be destroyed, to my said cousin, Henry Bonham Carter.

“5. I bequeath to Elizabeth Mary Wiggins the sum of twenty pounds and my cats; and to my maid Ellen Kate Tugby, if she shall be in my service at the time of my death, my parrot and the sum of two hundred and five pounds with my best thanks for her loving service; and to my messenger, William Magee, if he shall be in my service at the time of my death, the sum of forty five pounds with my best thanks for his faithful service.”

The third and last codicil contains nothing which is of special importance.

Will of Philip, Fifth Earl of Pembroke

Those who possess leisure and patience for the research might find in the pigeon holes of will offices some remarkable evidences of human malignity.

Among the most capricious, perhaps, is the specimen we subjoin, penned by an Earl of Pembroke, who lived during the political turmoils of the seventeenth century; it testifies to a shrewd knowledge of character, and is expressed with a considerable amount of dry humor which considerably softens its severity.

The copy from which this is taken bears the signature of the then keeper of these records—Nathaniel Brind—beneath the words “Concordat cum originali.”

“I, Philip, V Earl of Pembroke and Montgomery, being, as I am assured, of unsound health, but of sound memory—as I well remember me that five years ago I did give my vote for the despatching of old Canterbury, neither have I forgotten that I did see my King upon the scaffold—yet as it is said that Death doth even now pursue me, and, moreover, as it is yet further said that it is my practice to yield under coercion, I do now make my last will and testament.

“Imprimis: As for my soul, I do confess I have often heard men speak of the soul, but what may be these same souls, or what their destination, God knoweth; for myself, I know not. Men have likewise talked to me of another world, which I have never visited, nor do I even know an inch of the ground that leadeth thereto. When the King was reigning, I did make my son wear a surplice, being desirous that he should become a Bishop, and for myself I did follow the religion of my master: then came the Scotch, who made me a Presbyterian, but since the time of Cromwell, I have become an Independent. These are, methinks, the three principal religions of the kingdom—if any one of the three can save a soul, to that I claim to belong: if, therefore, my executors can find my soul, I desire they will return it to Him who gave it to me.

“Item: I give my body, for it is plain I cannot keep it; as you see, the chirurgeons are tearing it in pieces. Bury me, therefore; I hold lands and churches enough for that. Above all, put not my body beneath the church-porch, for I am, after all, a man of birth, and I would not that I should be interred there, where Colonel Pride was born.

“Item: I will have no monument, for then I must needs have an epitaph, and verses over my carcase: during my life I have had enough of these.

“Item: I desire that my dogs may be shared among all the members of the Council of State. With regard to them, I have been all things to all men; sometimes went I with the Peers, sometimes with the Commons. I hope, therefore, they will not suffer my poor curs to want.

“Item: I give my two best saddle-horses to the Earl of Denbigh whose legs, methinks, must soon begin to fail him. As regardeth my other horses, I bequeath them to Lord Fairfax, that when Cromwell and his council take away his commission he may still have some horse to command.

“Item: I give all my wild beasts to the Earl of Salisbury, being very sure he will preserve them, seeing that he refused the King a doe out of his park.

“Item: I bequeath my chaplains to the Earl of Stanford, seeing he has never had one in his employ; having never known any other than his son, My Lord Grey, who, being at the same time spiritual and carnal, will engender more than one monster.

“Item: I give nothing to my Lord Saye, and I do make him this legacy willingly, because I know that he will faithfully distribute it unto the poor.

“Item: Seeing that I did menace a certain Henry Mildmay, but did not thrash him, I do leave the sum of fifty pounds sterling to the lacquey that shall pay unto him my debt.

“Item: I bequeath to Thomas May, whose nose I did break at a mascarade, five shillings. My intention had been to give him more; but all who shall have seen his ‘History of the Parliament’ will consider that even this sum is too large.

“Item: I should have given to the author of the libel on women, entitled ‘News of the Exchange,’ three pence to invent a yet more scurrilous mode of maligning; but, seeing that he insulteth and slandereth I know not how many honest persons, I commit the office of paying him to the same lacquey who undertaketh the arrears of Henry Mildmay; he will teach him to distinguish between honourable women and disreputable.

“Item: I give to the Lieutenant-General Cromwell one of my words, the which he must want, seeing that he hath never kept any of his own.

“Item: I give to the wealthy citizens of London, and likewise to the Presbyterians and the nobility, notice to look to their skins; for, by the order of the State, the garrison of Whitehall hath provided itself with poniards, and useth dark lanterns in the place of candles.

“Item: I give up the ghost.”

Will of William Penn

William Penn died in 1718. His will, which follows, and the comments concerning it, are copied from an excellent little booklet issued by the Chelten Trust Company of Germantown, Pennsylvania:

“I William Penn Esqr so called Cheife proprietor & Govenour of the Pennsilvania and the Territoryes thereunto belonging, being of sound mind and understanding, for which I bless God, doe make and declare this my last Will and Testament.

“My Eldest Son being well provided for by a Settlement of his Mothers and my ffathers Estate I give and devise the Rest of my Estate in manner following

“The Government of my Province of Pennsilvania and Territories thereunto belonging and all powers relateing thereunto I give and devise to the most Hono’ble the Earle of Oxford and Earl Mortimer, and to William Earle Powelett, so called, and their Heires, upon trust to dispose thereof to the Queen or any other Person to the best advantage they can to be applyed in such a manner as I shall herein after direct.

“I give and devise to my dear Wife Hannah Penn and her ffather Thomas Callowhill and to my good ffriends Margarett Lowther my dear Sister, and to Gilbert Heathcote Physitian, Samuel Waldenfield, John ffield, Henry Gouldney, all liveing in England, and to my friends Samuel Carpenter, Richard Hill, Isaac Norris, Samuel Preston, and James Logan, liveing in or near Pensilvania and their heires all my lands Tenements and Hereditamts whatsoever rents and other profitts scituate lyeing and being in Pensilvania and the Territores thereunto belonging, or else where in America, upon Trust that they shall sell and dispose of so much thereof as shall be sufficient to pay all my just debts, and from and after paymt thereof shall convey unto each of the three Children of my son Willm Penn, Gulielma-Maria, Springett, and William respectively and to their respective heires 10,000 acres of land in some proper and beneficiall places to be sett out by my Trustees aforesaid. All the rest of my lands and Hereditamts whatsoever, scituate lyeing and being in America, I will that my said Trustees shall convey to and amongst Children which I have by my present Wife, in such proporcon and for such estates as my said Wife shall think fit, but before such Conveyance shall be made to my Children I will that my said Trustees shall convey to my daughter Aubrey whom I omitted to name before 10,000 acres of my said Lands in such places as my said Trustees shall think fitt.

“All my P’sonall estate in Pennsilvania and elsewhere and arreares of rent due there I give to my said dear Wife, whom I make my sole Executrix for the equall benefitt of her and her Children.

“In Testimony whereof I have sett my hand and seal to this my Will, which I declare to be my last Will, revoking all others formerly made by me.

“Signed Sealed and Published by the Testator William Penn in the presence of us who sett our names as Witnesses thereof in the P’sence of the said Testator after the Interlineacon of the Words above Vizt whom I make my sole Executrix.

William Penn.

(Five Witnesses)

“This Will I made when ill of a feavour at London with a Clear understanding of what I did then, but because of some unworthy Expressions belying Gods goodness to me as if I knew not what I did, doe now that I am recovered through Gods goodness hereby declare that it is my last Will and Testament at Ruscomb, in Berkshire, this 27th of the 5th Month, called May, 1712.

“Wm. Penn.

(Seven Witnesses) “Postcript in my own hand

“As a further Testimony of my love to my dear Wife I of my own mind give unto her out of the rents of America vizt Pennsilvania 300 pounds a year for her naturall life and for her care and charge over my Children in their Education of which she knows my mind as also that I desire they may settle at least in good part in America where I leave them so good an Interest to be for their Inheritance from Generacon to Generacon which the Lord p’serve and prosper. Amen.

Wm. Penn.”

COMMENTS ON THE WILL

This will, of interest to all Americans, has been quoted, not as showing how to prepare a will, but how not to do it.

James Logan, man of affairs, Secretary of the Province and the business representative of the Penn family in Pennsylvania, was dismayed when a copy was placed in his hands. He wrote to Hannah Penn, the widow, November 4, 1718:

“The sloop ‘Dolphin’ arrived from London, bringing us divers letters and among ye rest one from Jno Page to me with a copy of our late Proprietor’s will wch gives me some uneasiness as being Drawn in hast I believe by himself only, when such a settlement required a hand better acquainted with affairs of that Nature.

“The Estate in these parts is vested in so many without impowering any P’ticular or a suitable number to grant and Convey, that I fear we shall be puzzled. I hope that you will take advice there what methods must be pursued in ye Case.”

James Logan, with his clear mind, saw at once the difficulties which would surround the execution of such a will, and regretted that Penn had not employed some competent person to draw up this important document for him. Such a will, disposing of so many and varied interests, as Logan quaintly expressed it, “required a hand better acquainted with affairs of that Nature.”

Logan’s criticism and fears were well grounded as the litigation over the Founder’s will extended over a period of nine years.

The life of Penn reveals him as gifted with extraordinary wisdom, prudence, and forethought. In the ordinary as well as the trying and unusual crises of his eventful life, these qualities stood him in good stead, but when he came to draw up his own will they failed him, as they have failed so many men who have tried in vain to draw a valid will.

It is a wise provision of the religious society of which Penn was one of the founders, by which it annually recommends to its members:

“Friends are earnestly advised to inspect the state of their outward affairs at least once in a year and to consider carefully, whilst in health, the just disposition of their estates by will or otherwise.”

Will of Samuel Pepys

Samuel Pepys was an interesting figure in England in the latter part of the seventeenth century. We know him chiefly as the well-known diarist, though he did work of high order in connection with the British navy. He died on May 26, 1703. Of his diary, the London Athenæum has said: “It is the best book of its kind in the English language.”

By his will, he left to Magdalene College, Cambridge, the Pepysian Library of some three thousand volumes. This collection is kept in a separate building, and contains manuscript of his celebrated diary, together with many rare and curious documents, including the love letters of Henry VIII to Anne Boleyn, a collection of Scottish poetry and ancient English ballads. The diary, which was deciphered from the author’s shorthand notes, is yet a popular book and is of standard importance to English literature, reflecting, as it does, the court, times, characters, and peculiarities of the age of Charles II.

Will of Cecil John Rhodes

Cecil John Rhodes, of Cape Town, South Africa, who died in 1902, was a South African statesman and financier; an affection of the lungs necessitated his leaving England when a young man, and he acquired fame and wealth in the home of his adoption. Rhodes’s mode of life was the subject of diverse criticism; he was regarded as a man actuated by selfish motives, and preëminently, a man of money, but by his will, he left nearly his entire fortune to educational purposes; his scholarships have commanded the admiration of the world, and former estimates of his character were modified. Certain portions of this remarkable will, taken from Mr. Remsen’s excellent work, follow:

“I, The Right Honourable Cecil John Rhodes of Cape Town in the Colony of the Cape of Good Hope, hereby revoke all testamentary dispositions heretofore made by me and declare this to be my last Will which I make this first day of July 1899.

“1. I am a natural-born British subject and I now declare that I have adopted and acquired and hereby adopt and acquire and intend to retain Rhodesia as my domicile.

“2. I appoint (naming seven persons) to be the Executors and Trustees of my Will and they and the survivors of them or other the Trustees for the time being of my Will are hereinafter called ‘My Trustees.’

“3. I admire the grandeur and loneliness of the Matoppos in Rhodesia and therefore I desire to be buried in the Matoppos on the hill which I used to visit and which I called the ‘View of the World’ in a square to be cut in the rock on the top of the hill covered with a plain brass plate these words thereon—‘Here lie the remains of Cecil John Rhodes’ and accordingly I direct my Executors at the expense of my estate to take steps and do all things necessary or proper to give effect to this my desire and afterwards to keep my grave in order at the expense of the Matoppos and Bulawayo fund hereinafter mentioned.”

The testator gives certain pecuniary legacies, directs the erection or completion of a monument on the said hill in memory of certain dead, and provides for interments thereon. He provides for the cultivation of certain of his lands “for the instruction of the people of Rhodesia,” the establishment of a park, “planted with every possible tree,” with funds for their maintenance.

He places in trust certain property for the use of his brothers and sisters with gift over. He gives his college in the University of Oxford a sum of money for the erection of new college buildings and other purposes. He provides, by means of a trust, for the use of his residence and grounds at Cape Town as a public park until the Federal Government of the State of South Africa shall be founded, and thereafter as the residence of the Prime Minister in that government.

After reciting his educational views and desire to promote unity among the English-speaking people throughout the world, the testator provides for the establishment of certain scholarships at the University of Oxford, for the benefit of students for British Colonies and the United States of America. To this, by codicil, he subsequently added certain scholarships for the benefit of German students. He also prescribes certain rules and regulations for the election of students to such scholarships.

“36. My trustees shall invest the scholarship fund and the other funds hereinbefore established or any part thereof respectively in such investments in any part of the world, as they shall in their uncontrolled discretion think fit and that without regard to any rules of equity governing investments by trustees and without any responsibility or liability should they commit any breach of any such rule, with power to vary any such investments for others of a like nature.”

“37. Investments to bearer held as an investment, may be deposited by my Trustees for safe custody in their names with any banker or banking company or with any company whose business it is to take charge of investments of that nature and my trustees shall not be responsible for any loss incurred in consequence of such deposit.”

“40. I give the residue of my real and personal estate unto such of them the said (persons who are named as Executors and Trustees,) as shall be living at my death absolutely and if more than one as joint tenants.”

“41. My Trustees in the administration of the trust business may instead of acting personally, employ and pay a Secretary or Agent to transact all business and do all acts required to be done in the trust including the receipt and payment of money.”

“42. My intention is that there shall be always at least three Trustees of my Will so far as it relates to the Scholarship Trusts and therefore I direct that whenever there shall be less than three Trustees, a new Trustee or new Trustees shall be forthwith appointed.”

“In witness whereof I have hereunto set my hand the day and year first above written.

“C. J. Rhodes.”

(Subscribed by three witnesses.)

CODICIL

There is a long codicil to the will wherein the testator devises in tail his palatial home, known as “The Delham Hall Estate” and makes disposition of his great treasures in heirlooms, in and about Delham Hall.

Will of Cardinal Richelieu

This very interesting and remarkable will is extremely rare to find, although the copy from which we take it was in print, having been preserved, among many other curious papers, by M. Bourée, of Châtillon; docketed along with it was a collection of isolated papers, all more or less piquants, relating to the famous and formidable cardinal, and consisting of satirical verses, epitaphs, lampoons, parasitical flatteries, apologies, etc. There is also a rough copy of a billet d’enterrement, apparently drawn up with the intention of being distributed to the court to invite them to the funeral.

Our readers will no doubt peruse with curiosity the last wishes of this pompous and magnificent minister, who contrived to rehabilitate himself after an early disgrace, to maintain his proud supremacy to the last, and to die bequeathing gifts to his sovereign and master.

Of his luxury and extravagance, his nepotism so costly to the country, his assumption of power, and the art with which he knew how to make himself obeyed and feared by all classes and conditions of men, history amply informs us in details scarcely credible at the present day; and that it was he who by his despotism and tyranny laid the foundations of that terrible revolution, which blasted the face of the country and cast its fatal blight, more or less fatally, over the whole civilized world, none are likely to forget.

If we wanted an instance of pomp, unexampled even in the history of the Roman Empire, of uncompromising consideration as claimed by and accorded to this parvenu prince, whose personal expenses are estimated at more than a thousand crowns a day—considerably more than the monarch he served had at his private disposal—we may find it in the narrative of his (happily) last journey from Tarascon to Paris. It is to be regretted the famous Tarasque had not broken loose that day and devoured him before he started on his egotistical expedition.

Pronouncing himself unable to bear the fatigue of saddle, carriage, or litter, he ordered a room to be built of light boards covered with crimson satin damask, which was to be furnished with a bed, two chairs, and a table for his secretary; this movable house was hoisted on the shoulders of eighteen of the cardinal’s guards, to be relieved at stated distances; they were to walk on bareheaded, no matter what weather, and it was during the month of August, or about the hottest season in France.

When this singular cortège—for the cardinal was followed by carriages containing his numerous suite—arrived at the towns he had to pass through, they found the walls and gates already demolished and cleared away by the direction of a vanguard of attendants sent on before to see that room was made for his Eminence to pass without delay or interruption.

When he reached Paris, chains were stretched along both sides of the streets to keep back the people who crowded them to contemplate in wonder and silent awe the despot, who a few days before, had hurried to the scaffold the youthful Cinq-Mars and his virtuous friend De Thou.

This sight made a profound and lasting impression on the youthful Bossuet, who, being on that day fifteen years of age, arrived in Paris for the first time.

It would be superfluous to cite this will in its entirety; we therefore only transcribe such passages as we feel will be of general interest, and these we give verbatim.

It is dated Narbonne, 23d of May, 1642, and bears the signature of Pierre Falconis, notaire royal. It is contained in twelve quarto pages of very close printing.

After two paragraphs of pious preamble and directions for his funeral, it proceeds to appoint to his niessce, Madame la Duchesse d’Eguillon (sic), all the cash in gold and silver he might possess at his decease, except a sum of 1,500,000 livres to be placed in the hands of his Majesty immediately on his death for a purpose he will explain farther on. It then goes on to declare that by contract he had given to the Crown “ ... Mon grand hostel que j’ai basti sous le nom de Palais Cardinal, ma chapelle d’or enrichie de diamans, mon buffet d’argent ciselé, et un grand diamant que j’ai acheté a Lopez, toutes lesquelles choses le roi a eu agréable par sa bonté d’accepter à ma trez humble et très instante supplication....

“Je supplie S. M. d’avoir agréables huit tentures de tapisserie et trois lits que je prie Madame la Duchesse d’Eguillon, ma niessce, et M. de Noyers de choisir entre mes meubles, pour servir à une partie de l’ameublement des principaux appartemens du dit Palais Cardinal.

“Comme aussi je la supplie d’agréer la donation que je lui fais en outre de l’hostel qui est devant le Palais Cardinal, lequel j’ai acquis de feu M. le Commandeur de Sillery, pour au lieu d’icelui faire une place au devant du dit palais.

“Je supplie aussi très humblement S. M. de trouver bon que l’on lui mette entre les mains la somme de 1,500,000 livres dont j’ay fait mention cy-dessus, de laquelle somme je puis dire avec vérité de m’estre servi très utilement aux plus grandes affaires de son estat, en sort que si je n’eusse eu cet argent à ma disposition quelques affaires qui ont bien succédé eussent apparemment mal réussi, ce qui me donne sujet d’oser supplier S. M. de destiner ceste somme que je lui laisse, pour employer en diverses occasions, qui ne peuvent souffrir la longueur des formes de finance.”

He then orders all his property, whether in esse or in posse, to be distributed as follows. The list supplies some idea of the shameless extent to which this man, who began life without any kind of fortune, enriched himself at the expense of the State.

“Je donne et légue à Armand de Maillé, mon nepveu et fileul, fils d’Arban de Maillé, Marquis de Brézé, Mareschal de France, et de Nicole du Plessis, ma seconde sœur, et en ce je l’institue mon héritier pour les droicts qu’il pourrait prendre en toutes les terres et autres qui se trouveront en ma succession ainsi que s’ensuit.”

These biens consisted of (for the share of this nephew alone) the duché et pairie of Fronsac et Caumont; of the lands and Marquisate of Graville; of the county of Beaufort en Vallée; of the lands and barony of Fresne; of 300,000 livres deposited at the Château de Saumur; and of the ferme des poids de Normandie, the returns from which amount to 50,000 livres annually.

Next comes the before-named niece who, over and above the biens settled on her at her marriage, was to have “ ... la maison où elle loge à present, nommé le Petit Luxembourg, joignant le palais de la reine, mère du roi; ma maison et ma terre de Ruel; le domaine de Pontoise; la rente que j’ay à prendre sur les cinq grosses fermes de France qui monte à 60,000 livres par an.

“Item: A ma dite niessce, tous les cristaux, tableaux, et autres pièces qui sont dans le cabinet principal de la dite maison le Petit Luxembourg, sans y comprendre l’argenterie du buffet dont j’ay dejà disposé.

“Item: Je lui donne aussi toutes mes bagues et pierreries à l’exception seulement de ce que j’ay laissé à la Couronne, ensemble un buffet d’argent vermeil doré neuf, pesant 535 marcs 4 gros, contenu en deux coffres faits exprez.”

The next legatee is his nephew, François de Vignerot, to whom he leaves first the sum of 200,000 livres on condition that he shall lay it out in the purchase of an estate, to enjoy it during his lifetime, and after his decease to go to Armand, his eldest son, or to whichever of his sons succeeds to the title of Duc de Richelieu. He leaves him further his duché-pairie de Richelieu with the appurtenances, dependencies, and lands thereto belonging.

Item: The lands and barony of Barbézieux;

Item: The lands and principality of Mortagne;

Item: The county of Cosnac, the baronies of Coze, Laugeon and d’Alvas, the domain of Hiers en Brouage, the hostel of Richelieu planned and ordered to be built adjoining the Palais Cardinal.

Item: The tapestries representing the history of Lucretia, bought of M. le Duc de Chevreuse, with all the figures, statues, busts, pictures, crystals, cabinets, tables, and other furniture at present in the conciergerie of the Palais Cardinal, in order worthily to furnish and adorn the said Hostel de Richelieu, when it shall be completed; and besides these all other movables or immovables, claims upon the king or his domains, and generally all property not as yet disposed of by this will; but all and only on the condition that he shall assume the sole name of Du Plessis Richelieu, and that neither he nor his descendants shall ever be known by any other, or quarter any other arms, under the following penalties....

To this nephew, the cardinal also leaves his library, but with the proviso that it is to be at the service of all members of the family, and also of the public; and he desires, therefore, that on his decease, a full and complete catalogue be made under the directions of his executors, who are to call to their assistance two Doctors of the Sorbonne, who shall be present during the making of the said inventory; which, being made in duplicate, one copy was to be deposited in his own library, signed by his executors and by the said Doctors of the Sorbonne; and the other copy, similarly signed, in the Sorbonne itself.

There are further conditions attached to the ownership of the library, viz., that a librarian shall be appointed at a salary of one thousand livres per annum; three candidates having first been chosen by the Sorbonne and nominated by his successors. He desires further that a person shall be kept to sweep out the library every day, and to beat, dust, and wipe the books at stated and frequent intervals, at a yearly wage of four hundred livres. He also stipulates that one thousand livres shall be put by every year for the purchase of additional books.

He explains that his “niessce la Duchesse d’Enghien” having displeased him by her marriage, he leaves her nothing, “moyennant ce que je lui ai donné en dot, dont je veux et ordonne qu’elle se contente.”

After several clauses relating to the edifice of the Sorbonne, to his burial, to several constructions to be added to the Hostel de Richelieu, and to a legacy of sixty thousand livres to the “vingt pères de la mission établie à Richelieu,” he adds a very characteristic clause as follows:

“Et d’autant plus qu’il a plu à Dieu benir mes travaux et les faire considérer par le roy mon bon maistre, en les reconnoissant par sa munificence royale, audessus de ce que je pouvoir espérer, j’ay estimé, en faisant ma disposition présente, devoir obliger mes héritiers à conserver l’établissement que j’ay fait en ma famille, en sorte qu’elle se puisse maintenir longuement en la dignité et splendeur qu’il a plu au roi lui donner, afin que la posterité connoisse que si je l’ay servi fidellement, il a sçu par une vertu toute royale m’aymer et me combler de ses bienfaits.” And here follow certain conditions which need not be detailed.

In the next clause the pride of family crops up again: “Je defends à mes héritiers de prendre alliance en des maisons qui ne soient pas vrayement nobles, les laissant assez à leurs aise pour avoir plus d’égards à la naissance et à la vertu qu’aux commodités et aux biens.”

The clause relating to servants and their bequests is worth quoting, as testimony to the magnificence of his Eminence’s retinue:

“Pour marque de la satisfaction que j’ay des services qui m’ont esté rendus par mes domestiques et serviteurs je donne au Sieur Didier, mon aumosnier, 1500 liv.; au Sieur de Bar, 10,000 liv.; au Sieur de Manse, 6000 liv.; au Sieur de Belesbat, parceque je ne lui ay encore rien donné, 10,000 liv.; à Beaugensi, 3000 liv.; à Estoublon, 3000 liv.; au Sieur de Marsal, 3000 liv.; au Sieur de Palvoisin, parceque je ne lui ay jusques icy rien donné, 12,000 liv.; à Grenillé, 2000 liv.; à Blouin, 6000 liv.; au Sieur Cytois, 6000 liv.; au Sieur Renaudot, 2000 liv.; à Bertereau, 6000 liv.; à Des Bornais, mon valet de chambre, 6000 liv., et je desire qu’il demeure concierge, soutz mon petit neveu, du Pont de Courlay, dans le Palais Cardinal; au Cousin, 6000 liv.; à l’Espolette et à Prévost, chacun 3000 liv.; à Picot, 6000 liv.; à Robert, 3000 liv.; au Sieur de Graves et de Saint-Leger, mes escuyers, chacun 3000 liv.; et en outre, mes deux carosses avec leurs deux attelages de chevaux, ma litière et les trois mulets qui y servent, pour estre également partagés entre mes dits deux escuyers; à Chamarante et Du Plessis, chacun 3000 liv.; à Vilandry, 1500 liv.; à De Roques, dixhuit chevaux d’escole, après que les douze meilleurs de mon escurie auront esté choisies par mes parents; au Sieur de Fortes Cuieres, 6000 liv.; à Grandpré, capitaine de Richelieu, 3000 liv.; à la Jeunesse, concierge de Richelieu, 5000 liv.; au petit Mulat, qui escrit soutz le Sieur Charpentier, mon secrétaire, 1500 liv.; à la Garde, 3000 liv.; à mon premier cuisinier, 2000 liv.; à mon credencier, 2000 liv.; à mon premier cocher, 1500 liv.; à mon premier muletier, 1200 liv.; à chacun de mes valets de pied, 600 liv.; et généralement à tous les autres officiers de ma maison scavoir: de la cuisine sommeliers et escuyers, chacun six années de leurs gages outre ce qui leur sera deu jusques au jour de mon decez.

“Je ne donne rien au Sieur Charpentier, mon secrétaire, parceque j’ay eu soin de lui faire du bien pendant ma vie; mais je veux rendre ce temoignage de luy, que durant le longtemps qu’il m’a servy, je n’ay poinct connu de plus homme de bien, ny de plus loyal et plus sincère serviteur.

“Je ne donne rien aussi au Sieur Cherré, mon autre secrétaire, parceque je le laisse assez accommodé, estant néanmoins satisfait des services qu’il m’a rendus.

“Je donne au baron de Broye, héritier du feu Sieur Barbin, que j’ay sceu estre en nécessité, la somme de 30,000 livres.”

The remainder of the will consists of various, and we may add very numerous, formalities, signatures of witnesses, etc.

It is a curious fact that, on the death of the last surviving descendant of the Du Plessis family, 17th of May, 1822—a man, be it observed, of singular probity and true grandeur of character—the colossal fortune amassed by the cardinal had dwindled down to such small proportions that all that remained of it was swallowed up in paying off the debts of his profligate father, and of his grandfather, the notorious Duc de Richelieu who figures so largely in the “Chronique Scandaleuse” of his day.

Will of Jean Jacques Rousseau

Although Rousseau’s will was made in 1737, it remained unknown to the world until 1820. It never was executed, nor ever became an effectual or a legal document; but it is, nevertheless, curious as testifying to the state of mind of the writer and the fervent sentiments of piety he entertained at the age of twenty-five.

The original, which is well authenticated, was found in the garret of an old house at Chambéry. It was among the forgotten minutes of a former notary of that town, named Rivoire, and occupied pages 104, 105, and 106 of the minute. It is dated June 7, 1737—a day on which, as stated in the will, Rousseau met with an accident which obliged him to keep his bed, and having a bandage on his forehead covering his eyes, was thus prevented signing his will; though, says the notary, “sain de ses sens ainsi qu’il a paru par la suite et solidité de ses raisonnements.” It seems to have been a case of “The devil was sick,” etc., and the will appears to be such as Rousseau was not likely to have written at any other moment.

The deed was received at the house of M. Le Comte de St. Laurent, Contrôleur-général des finances de S. M. le Roi de Sardaigne, inhabited at the time by Madame Warens, who afterwards occupied so large a place in the life of Rousseau.

The testator, after making the sign of the Cross, recommending his soul to God, and begging the intercession of the holy Virgin and of SS. John and James, his patrons, professes his intention of living and dying in the faith of the Catholic apostolic and Roman Church. He leaves his obsequies to the discretion of his heiress, and charges her to see that prayers are offered for the repose of his soul.

After these preliminaries he bequeaths 16 livres to each of the Convents of the Capuchins, the Augustinians, and the Clares of Chambéry, that they may celebrate masses for the repose of his soul.

He bequeaths his patrimony to his father, praying him to be content therewith as gratitude renders it his duty to dispose of his other possessions in favor of his benefactors.

He leaves 100 livres to the Sieur Jacques Barillot of Geneva; he appoints as his heir Madame Françoise-Louise de la Tour Comtesse de Warens, to whom he declares it his wish to pay over and above this, the sum of 2000 livres to cover the expenses of his board during ten years. Finally he recognizes a debt of 700 livres in favor of the Sieur Charbonnel, a tradesman of Chambéry, for goods delivered and money lent.

The will is signed by Claude Morel (procureur au sénat), Antoine Bonne des Echelles, Jacques Gros de Vanzy, Antoine Bouvard, Pierre Catagnole and Pierre Cordonnier. The seventh witness, Antoine Forraz de Bissy, is declared “illitéré.” This act was registered 22d of July, 1737, in fol. 662 of the second book of the year 1737.

According to all appearance this will was not engrossed, and Rousseau, whose life was so checkered, and who so often changed his domicile, probably forgot all about it, and about the accident which occasioned it, when he drew up his Confessions.

The Journal de Savoie, under date 7th of April, 1820, supplies some curious particulars as to the minutes of the above-named notary, Rivoire, among which were found a power of attorney to Jacques Barillot by Rousseau, to withdraw at Geneva the rights of his mother Suzanne Bernard. This document is dated 12th of July, 1737, and registered on the 15th of the same month.

Rousseau, born at Geneva, 28th of June, 1712, died at Ermenonville, 2d of July, 1778.

Will of Lord St. Leonards

The necessity that there should be some better fashion for the safe keeping of wills, during the lifetime of testators, than at present exists, is, perhaps, more vividly portrayed in the case of the late Lord St. Leonards than in any other on record. In this case we have the loss of the will, not only, of one of the astutest of lawyers, the most orthodox of conveyancers, but of a man who had made it his chief pleasure and study during the last four years of his life to provide for the disposition of his worldly wealth, when his Creator should summon away his spirit from earth, and return his mortal frame to the dust from which He had made it. Moreover, the testator is no less a person than the very ingenious conveyancer, Lord Chancellor of England, and author himself of that famous “Handy-book,” in which men are exhorted in the most convincing manner to make due and thorough disposition of their earthly possessions. Here, during the years he had been engaged in making his will, the greatest care was evinced for the preservation of the precious document, as it was not only kept locked up in a box, but during his Lordship’s illness the Honorable Miss Charlotte Sugden, his daughter, took charge of the box and retained it in her custody until her father should be able to leave his room, when it was replaced by her in its ordinary position, and where it remained until his last illness, when she again took charge of it, and in whose custody it continued until his Lordship’s death in January, 1875. After the solemn ceremony of the funeral this well-cared-for box was opened, but, alas! the will was not there. How this strange circumstance occurred no one has been able to furnish any information; but the loss gave rise to litigation of the most serious character in the Court of Probate. The triumph gained in that court by Miss Sugden in establishing a will, carrying out the wishes of her father, on the simple basis of her recollection of the contents of the lost document, is as wondrous an achievement as any one well could imagine, and testifies to the grave respect with which her evidence must have been regarded by the searching judgment and scrutinizing eye of the learned judge.

Notwithstanding all this, the loss of the will has not escaped the attendance of great and grievous evils, unnecessary to be related.

The judge having in a most eloquent manner reviewed the case, as elucidated by the pleadings of the very learned counsel engaged on the trial, most admirably concluded his summing-up with the following remarks:

“Now let me call attention to a passage in one of Lord St. Leonards’ own works which has a bearing upon this subject, and it shows how the wisest of men may be mistaken, as I think, in the advice which they give to others. And I may say this case illustrates the false security in which Lord St. Leonards lived, and in which I dare say we all of us live. With the other members of his family, he lived in the belief that his Will was secure from the hands and eyes of either the curious or the dishonest. It was thought that the only means of access to it was by the only key which Lord St. Leonards carried about him; and that there was no means of access to the duplicate key, which would open the Will-box, and yet it turned out that there were no less than four keys in the house by which anybody might have opened the escritoire in which the duplicate key was kept, and so have obtained possession of it. Believing as I do that this Will has been lost, and not destroyed by the testator, and that the loss has arisen from its insecure custody, though that custody seemed to all concerned to be perfectly safe, it is well that it should be known and I particularly desire that it should be known to the public, that the law has provided a means of obtaining as nearly a certainty as can be obtained in human affairs that a Will will be forthcoming at the death of the testator....

“The result is that I find as a fact, that the Will of 1870 was duly executed and attested; that the several codicils also were duly executed and attested; that the Will was not revoked by the testator; and I further find that the contents of the Will were, with the exception I have mentioned, as set out in the declaration.”

Will of William Shakespere

“Vicesimo quinto die Martii, Anno Regni Domini nostri Jacobi nunc Regis Angliæ, &c., decimo quarto, et Scotiæ quadragesimo nono. Anno Domini 1616.

“In the name of God, Amen. I, William Shakespere, of Stratford-upon-Avon, in the county of Warwick, gent., in perfect health and memory, (God be praised!) do make and ordain this my last Will and testament in manner and form following; that is to say:

“First, I commend my soul into the hands of God my creator, hoping, and assuredly believing through the only merits of Jesus Christ my Saviour, to be made partaker of life everlasting; and my body to the earth whereof it is made.

“Item: I give and bequeath unto my daughter Judith one hundred and fifty pounds of lawful English money, to be paid unto her in manner and form following; that is to say, one hundred pounds in discharge of her marriage portion within one year after my decease, with consideration after the rate of two shillings in the pound for so long time as the same shall be unpaid unto her after my decease; and the fifty pounds residue thereof, upon her surrendering of, or giving of such sufficient security as the overseers of this my Will shall like of, to surrender or grant, all her estate and right that shall descend or come unto her after my decease, or that she now hath, of, in, or to, one copyhold tenement, with the appurtenances, lying and being in Stratford-upon-Avon aforesaid, in the said county of Warwick, being parcel or holden of the manor of Rowington, unto my daughter Susanna Hall, and her heirs for ever.

“Item: I give and bequeath unto my said daughter Judith one hundred and fifty pounds more, if she, or any issue of her body, be living at the end of three years next ensuing the day of the date of this my Will, during which time my executors to pay her consideration from my decease according to the rate aforesaid: and if she die within the said term without issue of her body, then my Will is, and I do give and bequeath one hundred pounds thereof to my niece Elizabeth Hall, and the fifty pounds to be set forth by my executors during the life of my sister Joan Hart, and the use and profit thereof coming, shall be paid to my said sister Joan, and after her decease the said fifty pounds shall remain amongst the children of my said sister, equally to be divided amongst them; but if my said daughter Judith be living at the end of the said three years, or any issue of her body, then my Will is, and so I devise and bequeath, the said hundred and fifty pounds to be set out by my executors and overseers for the best benefit of her and her issue, and the stock not to be paid unto her so long as she shall be married and covert baron; but my Will is, that she shall have the consideration yearly paid unto her during her life, and after her decease the said stock and consideration to be paid to her children, if she have any, and if not, to her executors or assigns, she living the said term after my decease: provided that if such husband as she shall at the end of the said three years be married unto, or at any (time) after, do sufficiently assure unto her, and the issue of her body, lands answerable to the portion by this my will given unto her, and to be adjudged so by my executors and overseers, then my Will is, that the said hundred and fifty pounds shall be paid to such husband as shall make such assurance, to his own use.

“Item: I give and bequeath unto my said sister Joan twenty pounds, and all my wearing apparel, to be paid and delivered within one year after my decease; and I do Will and devise unto her the house, with the appurtenances, in Stratford, wherein she dwelleth, for her natural life, under the yearly rent of twelve-pence.

“Item: I give and bequeath unto her three sons, William Hart, —— Hart, and Michael Hart, five pounds a-piece, to be paid within one year after my decease.

“Item: I give and bequeath unto the said Elizabeth Hall all my plate (except my broad silver and gilt bowl) that I now have at the date of this my Will.

“Item: I give and bequeath unto the poor of Stratford aforesaid ten pounds; to Mr. Thomas Combe my sword; to Thomas Russel, esq., five pounds; and to Francis Collins of the borough of Warwick, in the county of Warwick, gent., thirteen pounds six shillings and eight-pence, to be paid within one year after my decease.

“Item: I give and bequeath to Hamlet (Hamnet) Sadler twenty-six shillings eight-pence, to buy him a ring; to William Reynolds, gent., twenty-six shillings eight-pence, to buy him a ring; to my godson William Walker, twenty shillings in gold; to Anthony Nash, gent., twenty-six shillings eight-pence; and to Mr. John Nash, twenty-six shillings eight-pence; and to my fellows, John Hemynge, Richard Burbage, and Henry Cundell, twenty-six shillings eight-pence a-piece, to buy them rings.

“Item: I give, Will, bequeath, and devise, unto my daughter Susanna Hall, for better enabling of her to perform this my Will, and towards the performance thereof, all that capital messuage or tenement, with the appurtenances, in Stratford aforesaid, called the New Place, wherein I now dwell, and two messuages or tenements, with the appurtenances, situate, lying, and being in Henley Street, within the borough of Stratford aforesaid; and all my barns, stables, orchards, gardens, lands, tenements and hereditaments whatsoever, situate, lying, and being, or to be had, received perceived, or taken, within the towns, hamlets, villages, fields, and grounds of Stratford-upon-Avon, Old Stratford, Bishopton, and Welcombe, or in any of them, in the said county of Warwick; and also all that messuage or tenement, with the appurtenances, wherein one John Robinson dwelleth, situate, lying, and being, in the Blackfriars in London, near the Wardrobe; and all other my lands, tenements, and hereditaments whatsoever; to have and to hold all and singular the said premises, with their appurtenances, unto the said Susanna Hall, for and during the term of her natural life; and after her decease to the first son of her body lawfully issuing, and to the heirs males of the body of the said first son lawfully issuing; and for default of such issue, to the second son of her body lawfully issuing, and to the heirs males of the body of the said second son lawfully issuing; and for default of such heirs, to the third son of the body of the said Susanna lawfully issuing, and to the heirs males of the body of the said third son lawfully issuing; and for default of such issue, the same to be and remain to the fourth, fifth, sixth, and seventh sons of her body, lawfully issuing one after another, and to the heirs males of the bodies of the said fourth, fifth, sixth, and seventh sons lawfully issuing, in such manner as it is before limited to be and remain to the first, second, and third sons of her body, and to their heirs males: and for default of such issue, the said premises to be and remain to my said niece Hall, and the heirs males of her body lawfully issuing; and for default of such issue, to my daughter Judith, and the heirs males of her body lawfully issuing; and for default of such issue, to the right heirs of me the said William Shakespere for ever.

“Item: I give unto my wife my second best bed, with the furniture.

“Item: I give and bequeath to my said daughter Judith my broad silver gilt bowl. All the rest of my goods, chattels, leases, plate, jewels, and household-stuff whatsoever, after my debts and legacies paid, and my funeral expenses discharged, I give, devise and bequeath to my son-in-law, John Hall, gent., and my daughter Susanna his wife, whom I ordain and make executors of this my last Will and testament. And I do entreat and appoint the said Thomas Russel, esq., and Francis Collins, gent., to be overseers hereof. And do revoke all former Wills, and publish this to be my last Will and testament. In witness whereof I have hereunto put my hand, the day and year first above written.

“By me, “William Shakespere.

“Witness to the publishing hereof, Fra. Collyns, Julius Shaw, John Robinson, Hamnet Sadler, Robert Whattcoat.”

Will of M. Silhouette

M. Silhouette died in 1767 in Paris. His will is as dry as the political and financial details of a period of history insipid in itself could make it; but the history of the man who wrote it is singular and suggestive, and shows how greatly the success of a public functionary depends on the circumstances in which he is placed, and far less than we are apt to suppose on his genius or skill.

Etienne Silhouette, Contrôleur-général and Minister of State, only held office during nine months, but at a time when the Treasury was already in an exhausted state in consequence of ruinous wars and the lavish expenditure of his predecessors. He had no choice but to replenish the coffers of the State by the imposition of new taxes, as economy alone would not have sufficed, though it might have aided to fill the alarming void. So far, however, from commending this needful, if not indispensable measure, his policy was turned into ridicule; and the people whom he did his best to serve and to save, heaped upon him every kind of obloquy. Among other insults they changed the name of a street issuing from the Place des Victoires, which had been styled after him La Rue Silhouette, into La Rue Vide Gousset, which it retains to this day; and as among other articles, he had imposed a tax upon likenesses taken in black paper, cut out, and pasted on a white card, which were then extremely popular, not only these portraits, but thence all black outlines received the name of silhouettes, which has adhered to them ever since.

Will of Dean Swift

Dean Swift died October 19, 1745. The “Last Will of Jonathan Swift, D.D., taken out of the Prerogative Court of Dublin” in book form, neatly rebound and covering twenty-seven pages of written matter can yet be found in the bookstores of London. The instrument is dated the third day of May, 1740, and the document itself was printed a few years later. In turning its pages, a feeling of awe and reverence is experienced by the reader as he reviews the last words of the noted Irish clergyman, satirist and author of “Gulliver’s Travels.” Several important items of the Will follow:

“In the Name of God, Amen. I, Jonathan Swift, Doctor in Divinity, and Dean of the Cathedral Church of St. Patrick, Dublin, being at this Present of sound Mind, although weak in Body, do here make my last Will and Testament, hereby revoking all my former Wills.

“Imprimis, I bequeath my Soul to God, (in humble Hopes of his Mercy through Jesus Christ) and my Body to the Earth. And I desire that my Body may be buried in the great Isle of the said Cathedral, on the South Side, under the Pillar next to the Monument of Primate Narcissus Marsh, three Days after my Decease, as privately as possible, and at Twelve o’Clock at Night: And, that a Black Marble of —— Feet square, and seven Feet from the Ground, fixed to the Wall, may be erected, with the following Inscription in large Letters, deeply cut, and strongly gilded.”

HIC DEPOSITUM EST CORPUS JONATHAN SWIFT, S. T. P. HUJUS ECCLESIÆ CATHEDRALIS DECANI, UBI SÆVA INDIGNATIO ULTERIUS COR LACERARE NEQUIT. ABI, VIATOR, ET IMITARE, SI POTERIS, STRENUUM PRO VIRILI LIBERTATIS VINDICEM. OBIIT ANNO [MDCCXLV.] MENSIS [OCTOBRIS] DIE [19.] ÆTATIS ANNO [LXXVIII.]

“Item: I give and bequeath to my Executors all my worldly Substance, of what Nature or Kind soever (excepting such Part thereof as is herein after particularly devised) for the following Uses and Purposes, that is to say, to the Intent that they, or the Survivors or Survivor of them, his Executors, or Administrators, as soon as conveniently may be after my Death, shall turn it all into ready Money, and lay out the same in purchasing Lands of Inheritance in Fee simple, situate in any Province of Ireland, except Connaught, but as near to the City of Dublin, as conveniently can be found, and not incumbered with, or subject to any Leases for Lives renewable, or any Terms for Years longer than Thirty-one:”

He provides that a considerable sum be laid out in the purchase of lands near Dublin and a building be erected thereon “An Hospital for the Reception of as many Idiots and Lunaticks as the annual income of the said lands and worldly Substance shall be sufficient to maintain: And, I desire said Hospital may be called St. Patrick’s Hospital.”

He then goes into great detail as to the management of the Hospital.

“Item: Whereas I purchased the Inheritance of the Tythes of the Parish of Essernock near Trim in the County of Meath, for Two Hundred and Sixty Pounds Sterling, I bequeath the said Tythes to the Vicars of Laracor for the Time being, that is to say, so long as the present Episcopal Religion shall continue to be the National Established Faith and Profession in this Kingdom: But whenever any other Form of Christian Religion shall become the Established Faith in this Kingdom, I leave the said Tythes of Essernock to be bestowed, as the Profits come in, to the Poor of the said Parish of Laracor, by a weekly Proportion, and by such Officers as may then have the Power of distributing Charities to the Poor of the said Parish, while Christianity under any Shape shall be tolerated among us, still excepting professed Jews, Atheists, and Infidels.

“Item: I bequeath also to the said Martha, the Sum of Three Hundred Pounds Sterling, to be paid her by my Executors out of my ready Money, or Bank Bills, immediately after my Death, as soon as the Executors meet. I leave, moreover, to the said Martha, my repeating Gold Watch, my yellow Tortoise Shell Snuff Box, and her Choice of four Gold Rings, out of seven which I now possess.

“Item: I bequeath to Mrs. Mary Swift alias Harrison, Daughter of the said Martha, my plain Gold Watch made by Quare; to whom also I give my Japan Writing Desk, bestowed to me by Lady Worseley, my square Tortoise Shell Snuff Box, richly lined and inlaid with Gold, given to me by the Right Honourable Henrietta now Countess of Oxford, and the Seal with a Pegasus, given to me by the Countess of Granville.

“Item: I bequeath to Mr. Ffolliott Whiteway, eldest Son of the aforesaid Martha, who is bred to be an Attorney, the Sum of Sixty Pounds; as also Five Pounds to be laid out in the Purchase of such Law Books as the Honourable Mr. Justice Lyndsay, Mr. Stannard, or Mr. McAullay shall judge proper for him.

“Item: I bequeath to my dearest Friend Alexander Pope of Twittenham, Esq., my Picture in Miniature, drawn by Zinck, of Robert late Earl of Oxford.

“Item: I leave to Edward now Earl of Oxford, my Seal of Julius Cæsar, as also another Seal, supposed to be a young Hercules, both very choice Antiques, and set in Gold: Both which I chuse to bestow to the said Earl, because they belonged to her late Most Excellent Majesty Queen Anne, of ever Glorious, Immortal, and truly Pious Memory, the real nursing Mother of all her Kingdoms.

“Item: I leave to the Reverend Mr. James Stopford, Vicar of Finglass, my Picture of King Charles, the First, drawn by Vandyke, which was given to me by the said James; as also my large Picture of Birds, which was given to me by Thomas, Earl of Pembroke.

“Item: I bequeath to the Reverend Mr. Robert Grattan, Prebendary of St. Audeon’s, my Gold Bottle Screw, which he gave me, and my strong Box, on Condition of his giving the sole Use of the said Box to his Brother Dr. James Grattan, during the Life of the said Doctor, who hath more Occasion for it, and the second best Beaver Hat I shall die possessed of.

“Item: I bequeath to Mr. John Grattan, Prebendary of Clonmethan, my Silver Box in which the Freedom of the City of Cork was presented to me; in which I desire the said John to keep the Tobacco he usually cheweth, called Pigtail.

“Item: I bequeath all my Horses and Mares to the Reverend Mr. John Jackson, Vicar of Santry, together with all my Horse Furniture: Lamenting that I had not Credit enough with any chief Governor (since the Change of Times) to get some additional Church Preferment for so virtuous and worthy a Gentleman. I also leave him my third best Beaver Hat.

“Item: I bequeath to the Reverend Doctor Francis Wilson, the Works of Plato in three Folio Volumes, the Earl of Clarendon’s History in the three Folio Volumes, and my best Bible; together with thirteen small Persian Pictures in the Drawing Room, and the small Silver Tankard given to me by the Contribution of some Friends, whose Names are engraved at the Bottom of the said Tankard.

“Item: I bequeath to the Earl of Orrery the enamelled Silver Plates to distinguish Bottles of Wine by, given to me by his excellent Lady, and the Half-length Picture of the late Countess of Orkney in the Drawing Room.

“Item: I bequeath to Alexander McAullay, Esq., the Gold Box in which the Freedom of the City of Dublin was presented to me, as a Testimony of the Esteem and Love I have for him, on Account of his great Learning, fine natural Parts, unaffected Piety and Benevolence, and his truly honourable Zeal in Defence of the legal Rights of the Clergy, in Opposition to all their unprovoked Oppressors.

“Item: I bequeath to Deane Swift, Esq., my large Silver Standish, consisting of a large Silver Plate, an Ink Pot, a Sand Box and a Bell of the same Metal.

“Item: I bequeath to Mrs. Mary Barber the Medal of Queen Anne and Prince George, which she formerly gave me.

“Item: I leave to the Reverend Mr. John Worrall my best Beaver Hat.

“Item: I bequeath to the Reverend Doctor Patrick Delany my Medal of Queen Anne in Silver, and on the Reverse the Bishops of England kneeling before her Most Sacred Majesty.

“Item: I bequeath to the Reverend Mr. James King, Prebendary of Tipper, my large gilded Medal of King Charles the First, and on the Reverse a Crown of Martyrdom, with other Devices. My Will, nevertheless, is, that if any of the above named Legatees should die before me, that then, and in that Case, the respective Legacies to them bequeathed, shall revert to myself, and become again subject to my Disposal.

“In witness whereof, I have hereunto set my Hand and Seal, and published and declared this as my last Will and Testament, this Third Day of May, 1740.

“Jonathan Swift.”

Will of J. M. W. Turner, R.A.

The great painter, J. M. W. Turner, R.A., died in 1851. It is unnecessary to quote this lengthy and well-known document; indeed, we might speak of the unfortunate will and its numerous codicils in the plural.

It was dated June 10, 1831, and was attested by George Cobb, John Saxon, and Charles Tall. It is written in various legal hands, all except the first codicil, the whole of which is in autograph.

After legacies to private friends and servants, and to various charities, and the bequests of his valuable works to the nation, under very special and stringent conditions, this eccentric, wealthy, and benevolent artist ordered that the residue of his estate should be devoted to the founding and maintaining of an “institution for the support of poor and decayed male artists, born in England and of English parents only, and lawful issue.”

“Unfortunately for the poor artists of England,” says Turner’s biographer, “the will being a most cloudy document, full of confusions and interpolations, it was disputed by the next of kin, who endeavoured to establish that the testator was of unsound mind. But this effort to annihilate its validity failed, the testator being held to be of sound mind and capable of making a legal disposition of his estate.

“The trustees and executors thereupon filed a bill in Chancery on the 25th of April, 1852, praying the court to construe the will, and enable them to administer the estate. The next of kin, by their answer, contended that since it was impossible to place any construction upon the will at all, it was necessarily void.”

The testator’s property, we may remark, was sworn under £140,000.

The documents in this Chancery suit, which extended to four years, are of several tons weight. The bills of costs alone would fill a butcher’s cart. How Turner would have groaned to see the lawyers fattening on his hard-earned savings!

A compromise was eventually effected between all parties to the suit, and on March 19, 1856, a decree was pronounced, with their consent, to the following effect:

1. The real estate to go to the heir-at-law.

2. The pictures, etc., to the National Gallery.

3. £1000 for the erection of the monument in St. Paul’s Cathedral.

4. £20,000 to the Royal Academy, free of legacy duty.

5. Remainder to be divided among next of kin.

Will of Vaugelas

Claude Favre de Vaugelas the French Grammarian, one of the lights of the “Salon Bleu,” and honored by the friendship of Madame de Rambouillet, was born at Bourg en Bresse in 1585, and after making an illustrious name in the annals of literature, and being rewarded by several pensions, died in a condition of abject poverty in Paris, in 1650. It is difficult to account for the sad circumstances under which he ended his days, unless, like many of the literary characters found in history, he led a life of reckless expenditure, possibly good-naturedly lending to those who never repaid him, and generally neglected to keep any kind of order in his affairs.

Fréron, in his “Année Littéraire,” reports a singular clause in his will, but one which does honor to his sense of rectitude and his conscientiousness.

“Vaugelas,” says he, “died, so to speak, in penury; he was so deeply in debt that he was obliged to remain all day at home (a single room), and could only go out at night for fear he should fall into the hands of his creditors. On this account he was named the ‘Hibou.’ His will was remarkable: after having ordered his little all to be sold for the payment of his debts, he adds, ‘But as, after all has been distributed, there may remain some creditors whose claims will not be satisfied, my last will is that my body be sold to the surgeons for the highest price that can be obtained, and the product applied to the liquidation of the debts I may still owe, so that, if I have been unable to be of any use during my life, I may at least serve some purpose after my death.’”

Will of Voltaire

Among Voltaire’s papers was found a note, endorsed “Mon Testament,” which, on being opened, exhibited these lines in his own hand:

Voltaire spent his last days in Paris, dying there in 1778. It was there Benjamin Franklin took to him his grandson on whom he asked Voltaire to pronounce a blessing. Voltaire placed his hand upon the young man’s head, uttering at the same time in English, “God and liberty.”

Will of Izaak Walton

Izaak Walton died December 15, 1683, at the age of ninety, and was buried in the north transept of Winchester Cathedral. He is best known and loved by his work, “The Compleat Angler, or Contemplative Man’s Recreation;” for quaintness and pastoral freshness it has never been excelled and has passed through more than a hundred editions. Of the book Charles Lamb said: “It would sweeten a man’s temper at any time to read it.” The following verses in praise of tobacco, are taken from a poem of considerable length, Gosden’s edition of the “Journey to Beresford Hall.”

The Fishing-house of Charles Cotton, where Walton visited and where Piscator and Viator communed, stood “in a kind of peninsula,” as Cotton describes it, “with a delicate clear river about it;” this “little house” was on the river Dove in Staffordshire: over the arched door were the words “Piscatoribus Sacrum” and on the Key-stone the Cypher of Cotton and Walton. In 1835 this venerable and historic building was restored to nearly the same state as when originally built, by its owner, the Marquis of Beresford.

The will of Walton is deposited in the great registry of English wills at Somerset House, London, and may there be seen by the visitor. An exact copy recently taken from the original is here given, word for word:

“In the name of God, Amen: I, Izaak Walton, the elder, of Winchester, being the present day in the ninetyeth yeare of my age and in perfect memory, for which praysed be God, but considering how suddainly I may be deprived of both, doe therefore make this my last will and testament as followeth; and first, I doe declare my beleife to be that their is only one God who hath made the whole world and mee and all mankind, to whome I shall give an account of all my actions which are not to be justified but I hope pardoned for all the merrets of my saviour Jesus, and because the profession of Christianity does at this time seeme to be subdivided into papist and protestant I take it at least to be convenient to declare my beleife to be in all points of ffaith as the Church of England now professeth and this I doe, the rather because of a very long and a very true friendship with some of the Roman Church and for my worldly estate (which I have neither got by falsehood or flattery or the extreame Cruelty of the law of this nation) I doe hereby give and bequeath it as followeth: first I give my sonne in law Doc^t. Hawkins and to his wife to them I give all my title and right of or in a part of a house and shop in Pater noster rowe in London which I hold by lease from the Lord Bishop of London for about ffifty years to come, and I doe alsoe give to them all my right and title of or to a house in Chansery Lane London wherein M^r. Greinwood now dwelleth in which is now about sixteene yeares to come I give these two leases to them they saving my Executor from all damage concerning the same; and I give to my sonne Izaak all my right and title to a lease of Norington Farme which I hold from the Lord Bishop of Winton and I doe also give him all my right and title to a Farme or land neare to Stafford which I bought of Mr. Walter Noell; I say I give it to him and his heires for ever but upon the condicon following namely; if my sonne shall not marry before he shall be of the age of forty and one yeare, or being married shall dye before the said age and leave noe sonne to inherit the said Farme or Land, or if his sonne or sonns shall not live to obtaine the age of twenty and one yeares, to dispose otherwayes of it then I give the said Farme or land to the Towne or Corporation of Stafford (in which I was borne) for the good and benefit of some of the said towne as I shall direct and as followeth, but first note that it is at this present time rented for twenty one pounds tenn shillings a yeare (and is like to hold the said rent if care be taken to keepe the barne and houseing in repaire) and I wood have and doe give ten pound of the said rent to bind out yearly two boyes, the sonns of honest and poore parents, to be aprentizes to some Tradesmen or handycraft men to the intent the said boyes may the better afterward get their owne liveing; and I doe alsoe give five pound yearly out of the said rent to be given to some maide Servant that hath attained the age of twenty and one yeare (not lesse) and dwelt long in one service or to some honest poore mans daughter that hath attained to that age, to be paid her at or on the day of her marriage and this being done my will is that what rent shall remaine of the said Farme or land shall be disposed of as Followeth: first I doe give twenty shillings yearly to be spent by the Mayor of Stafford and those that shall collect the said rent and dispose of it as I have and shall hereafter direct, and that what mony or rent shall remaine undisposed off shall be imployed to buy Coales for some poore people that shall most need them in the said towne, the said Coales to be delivered the first weeke in January or in every first weeke in February; I say then because I take that time to be the hardest and most pinching times with poore people and God reward those that shall doe this without partialitie and with honestie and a good conscience; and if the said Mayor and others of the said towne of Stafford shall prove so negligent or dishonest as not to imploy the rent by mee given as intended and exprest in this my will (which God forbid) then I give the said rents and profitts of the said Farme or land to the Towne and cheife magastraits or governers of Ecles-hall to be disposed by them in such manner as I have ordered the disposall of it by the towne of Stafford, the said Farme or land being near the Towne of Ecles-hall; and I give to my sonne in Law Doctor Hawkins (whome I love as my owne sonn) and to my daughter, his wife, and my sonne Izaak to each of them a ring with these words or motto—“love my memory I: W. obiet;” to the Lord Bishop of Winton a ring with this motto “a mitt for a million I: W. obiet;” and to the friends hereafter named I give to each of them a ring with this motto “A friend’s farewell I: W. obiet;” and my will is the said rings be delivered within forty dayes after my death, and that the price or value of all the said rings shall be thirteen shillings and four pence a peece. I give to Doctor Hawkins Doctor Donn’s Sermons, which I have heard preacht and read with much content; to my sonn Izaak I give Doctor Sibbs his Soules conflict, and to my daughter his brused reed desireing them to read them for as to be well acquainted with them; and I alsoe give unto her all my bookes at Winchester and Droxford and whatever in those two places are or I can call mine except a Trunck of Linnen which I give to my sonne Izaak; but if he doe not live to Marry or make use of it then I give the same to my Granddaughter, Anne Hawkins, and I give my daughter Doctor Halls works which be now at Farnham: to my sonn Izaak I give all my bookes (not yet given) at Farnham Castell and a deske of prints and pictures, alsoe a Cabinet nere my bedshead in which are some little things that he will value, tho of noe great worth, and my will and desire is that he will be kind to his Aunt Beachame and his Aunt Rose Ken by allowing the first about fifty shillings a yeare in or for Bacon and Cheese (not more) and paying four pound a yeare toward the boarding of her sonnes dyet to M^r. John Whitehead; for his Aunt Ken I desire him to be kind to her according to her necessity and his own abilitie and I commend one of her children to breed up (as I have said I intend to do) if he shall be able to doe it, as I know he will, for they be good folke. I give—to M^r. John Darbishire the Sermons of M^r. Anthony Faringdon or of Do^r.: Sunderson, which my Executor thinks fitt: to my servant, Thomas Edghill, I give five pound in mony and all my Clothes linnen and wollen (except one sute of Clothes which I give to M^r. Holinshed and forty shillings) if the said Thomas be my servant at my death, if not my Clothes only; and I give my old friend, M^r. Richard Marriot, tenn pound, in mony to be paid him within three Months after my death, and I desire my sonne to shew kindness to him if he shall neede and my son can spare it; and I doe hereby will and declare my sonn Izaak to be my sole Executor of this my last will and testament and doctor Hawkins to see that he performes it, which I doubt not but he will. I desire my burial may be neare the place of my death and free from any ostentation or charge but privately: this I make to be my last will (to which I shall only add the Codicell for rings) this sixteenth day of August, One Thousand Six hundred eighty three. Izaak Walton. Witnesse to this will

“The Rings I give are as on the other side.

“To my brother, Jon Ken; to my sister, his wife; to my brother, Doctor Ken; to my Sister Pye; to M^r. Francis Morley; to M^r. George Vernon; to his wife; to his three daughter; to Mristris Nelson; to M^r. Richard Walton; to M^r. Palmer; to M^r. Taylor; to M^r. Tho Garrard; to the Lord Bp of Sarum; to M^r. Rede, his servant; to my cozen Dorothy Kenrick; to my Cozen Lewin; to M^r. Walter Higgs; to M^r. Charles Cotton; to M^r. Rich: Marryot 22; to my brother Beacham; to my Sister, his wife; to the Lady Anne How; to M^rs. King Doctor Philips wife; to M^r. Valentine Harecourt; to M^rs. Eliza: Johnson; to M^rs. Mary Rogers; to M^rs. Eliza: Milward; to M^rs. Dorothy Wallop; to M^r. Will Milward of Christ church, Oxford; to M^r. John Darbesheire; to M^rs. Unedvill; to M^rs. Rock; to M^r. Peter White; to M^r. John Lloyde; to my Cozen Greinsells widdow, M^rs. Dalbin, must not be forgotten 16; Izaak Walton note that severall lines are blotted out of this will for they were twice repeated and that this will is now Signed and Sealed this twenty and fourth day of October, One thousand Six hundred eighty three, in the presence of us Witnesse Abra: Markland, Jos: Taylor, Thomas Crawley.”

Will of Duke of Wellington

Arthur Wellesley, first Duke of Wellington, died September 14, 1852: he was probably born in Dublin, though both the place and date of birth are uncertain. He is buried in St. Paul’s Cathedral, London.

His will, taken from the original on file at Somerset House, London, is as follows:

“An attempt having been made to assassinate me on the night of the 10th instant, which may be repeated with success, and being desirous of settling my worldly affairs and there being no professional person at Paris to whom I can entrust the task of drawing my Will, I now draw it in my own hand writing, hereby revoking all former Wills particularly one likewise in my own hand writing made in the year 1807 previous to the Expedition to Copenhagen.

“I hereby leave to the trustees appointed by Act of Par^t to carry into execution the objects of the various Grants to me, my house in Piccadilly London with its furniture and all I possess in money and other valuables in the funds in Exchequer Bills and elsewhere according to the schedule annexed in trust for the following purposes:

“First: To carry into execution my Marriage Settlement with the Duchess of Wellington.

“Secondly: To pay to all my servants one year’s wages beyond what may be due to each on the day of my death.

“Thirdly: To pay all my just debts.

“Fourthly: To pay to my second son, Lord Charles Wellesley, the sum of one thousand pounds per annum for his life, besides what he will be entitled to under my Marriage Settlement and by the operation of the Acts conveying the Parliamentary Grants to my family. In case he should marry or when he will be thirty years of age, he is to have the option of continuing to receive this annuity or the sum of twenty thousand pounds sterling which is to be paid to him out of the funds aforesaid.

“Fifthly: To purchase a freehold estate in England with the whole money aforesaid or such part thereof as they the said trustees may think proper, charging it with the provisions above specified for the Duchess of Wellington and Lord Charles Wellesley.

“Sixthly: To give to my eldest son Arthur, Marquis of Douro, and the heirs male of his body the use of the House in Piccadilly, of the furniture thereto belonging, and to pay him and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which the trustees may think proper to purchase with the said money. In case of the death without heirs male of my eldest son Arthur, Marquis of Douro,

“Seventhly: I give to my second, The Lord Charles Wellesley, and the heirs male of his body the use of the said house in Piccadilly and of the furniture thereunto belonging, and to pay him The Lord Charles Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which the trustees may think proper to purchase with the said money. In case of the death without heirs male of my sons, Arthur, Marquis of Douro and Lord Charles Wellesley,

“Eighthly: To give my nephew, Arthur Wellesley, the eldest son of my brother The Hble. and Revd. Gerald Wellesley, by Lady Emily his wife, and the heirs male of his body, the use of my house in Piccadilly and the furniture thereunto belonging, and to pay him the said Arthur Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which may be purchased by the trustees with the said money. In case of the death of both my sons Arthur, Marquis of Douro, and Lord Charles Wellesley and of my nephew, Arthur Wellesley, aforesaid all without heirs male,

“Ninthly: To give to my nephew, Gerald Wellesley, the third son of my brother, The Honble. Henry Wellesley, by Lady Charlotte his wife, and the heirs male of his body, the use of my house in Piccadilly and the furniture thereunto belonging, and to pay him the said Gerald Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which may be purchased by the trustees with the said money. In case of the death without heirs male of both my sons and both my nephews aforesaid Arthur Wellesley and Gerald Wellesley,

“Tenthly: To give to my nephew Henry Wellesley, the eldest son of my brother, the Honble. Henry Wellesley, by Lady Charlotte his first wife, and the heirs male of his body, the use of my house in Piccadilly and the furniture thereunto belonging, and to pay him the said Henry Wellesley and the heirs male of his body the annual interest which may be received for such money in the funds in Exchequer Bills or wherever it may be and the rent arising from any estate which may be purchased by the trustees with the said money. My son Arthur, Marquis of Douro, will have all that has been granted to me by Parl^t., the Estate granted to me by the Cortes and King of Spain, the Pension granted to me by the King of Portugal and the Estate granted to me by the King of the Netherlands, and in case of his death without heirs male, my second son, Lord Charles Wellesley, will succeed to the same. In case of the death without heirs male of my two sons above mentioned, I leave and bequeath to my nephew Arthur Wellesley, the eldest son of my brother Gerald Wellesley, by Lady Emily his wife, and the heirs male of his body all the money which has been granted to me by Parl^t. and the estates purchased with the said money. In case of the death without heirs male of my sons aforesaid and of my nephew, the said Arthur Wellesley, I leave and bequeath to my nephew Gerald Wellesley, the third son of my brother Henry Wellesley, by Lady Charlotte his first wife, and the heirs male of his body all the money which has been granted to me by Parl^t. and the estates purchased with the said money. In case of the death without heirs male of both my sons and nephews aforesaid, I leave and bequeath to my nephew, Henry Wellesley the eldest son of my brother Henry Wellesley, by Lady Charlotte his wife, and the heirs male of his body all the money which has been granted to me by Parl^t. and the estates purchased with the said money.

“I request the trustees appointed by Parl^t. to carry into execution the objects of the different Grants made to me, to be the Guardians of my sons. I wish them both, as well as my nephews above mentioned, to serve the King in his Army and that they should receive the best education which can be given to them in order to qualify them to do so with advantage to the King and honour to themselves. They should therefore finish their studies at Eton and at one of the Universities, besides obtaining a knowledge of the Sciences necessary for those who enter the Military Profession.

“I wish my Secretary, Col. Hervey, to take charge of my Private papers at Paris and to burn such as he may think proper.

“Wellington (LS).

“Signed and Sealed at Paris on the 17th of February, 1818, in the presence of—C. Campbell, Col. and Capt. Ad Guards—Geo. Cathcart 6th D.G.—Arthur Hill Capt. 2nd Drag^ns.”