Chapter VI · WILLS OF FAMOUS FOREIGNERS

Will of the Marquis d’Aligre

Before quoting the will of the Marquis d’Aligre, we will recall a little incident of his life, which, though it serves to show his character, does not prepare us for the various phases of his shrewd and humorous mind.

One day the marquis went to pay a visit to the Duc de X., one of his friends, a man of scrupulous propriety and a great stickler for etiquette. Hardly had he taken leave, after an hour’s chat, before the duke perceived on the mantelpiece a pair of brown gloves; he looked at them and then drew back with horror; these gloves of an indescribable hue had evidently once been white! and it was actual wear that had tinted them. The tips of the fingers were twisted about and stiff, and the gaping buttonholes testified to their protracted and loyal service. No housemaid would have worn them to clean her stoves.

The duke took his tongs, seized the gloves, and laying them on a folded newspaper, rolled them up with precaution, and having written on a slip of paper, “Gloves belonging to a great nobleman, one of the largest landowners in France,” he fixed it with a pin to this singular parcel. Not many minutes later arrives the valet of the marquis, who, presenting himself before the duke, begs to know, not without some embarrassment, and blushing up to his ears, whether his master had not forgotten his gloves. Needless to say they were forthwith handed to him.

We now proceed to the will of this gentleman, of which we propose to transcribe the most remarkable clauses, which, however, we must remark, seem to have been penned in a spirit of justice.

“Art. IV.—I leave to M. de Boissey, my blessing, to compensate him for the curses which M. Pasquier heaped upon him every day. May it be of use to him on the judgment-day.”

“Art. VII.—I withdraw from M. A ..., and M ... x the sums I had left them by a former will; they have so often proclaimed that I am a man who would cut a farthing in four, that I would on no account oblige them to change their opinion.”

“Art. IX.—I advise Madame de Pomereu, or those she may authorize, to pay to the charcutiers of Paris the sum of 10,000 francs in remembrance of their predecessors, who before the Revolution dealt for their ham and other smoked meats at the Hôtel d’Aligre, Rue St. Honoré.

“Art. X.—I leave 20,000 francs a-year to the invalide who, being on guard on the Pont des Arts in 1839, and, judging from the shabbiness of my dress that I was in distress, paid for me the five centimes toll.”

“Art. XIII.—Considering that virtue ought to be encouraged, I consecrate 100,000 francs yearly to the formation of fifty dowries of 2000 francs in favour of fifty Rosières. The Mayor of Nanterre, who finds these maidens every year, will be good enough to undertake the distribution. If by chance his commune should not furnish him the necessary contingent, he is authorized to address himself to the Gymnase Theatre.

“Art. XIV.—I leave 200,000 francs a-year to the ‘Phalansterians’; but they are only to receive this sum on the day on which they shall have transformed the ocean into orangeade, and gratified mankind with that appendage he needs to make him equal to the gibbon.”

“Art. XVI.—Taking compassion on the poor of the first arrondissement, I desire that the value of the cereals harvested on my land at the next harvest shall be distributed to them in its entirety.

“Art. XX.—Finally, I leave to my relatives, oblivion; to my friends, ingratitude; to God, my soul. As for my body, it belongs to my family vault.”

The brother of the testator was put into the will for a legacy so absurdly disproportionate to what he considered he had a right to expect that the following not very maturely considered observation thereon appeared in a newspaper of the date (1847):

“The celebrated Crœsus who has just died has revealed in his will certain little peculiarities of which few suspected him. He was a great protector of rats; and on the day but one before that of his death he was at the races with four of these animals in his calêche. He had a brother who gave him very good advice on this subject, like the Cléante of ‘Tartuffe,’ to whom he replied by a little posthumous epigram, indicative of his churlish disposition; he has left him, out of his large fortune, a dole of 20,000 francs per annum. There is no revenge so hard and bitter as that of an old man. There are, we venture to think, many brothers, all the same, who would be very glad of a fraternal legacy of eight hundred a-year, and, moreover, we know nothing of the provocation that may have been given; like Lord Campbell, ‘we should like to hear the dog’s story.’”

Possibly the old Marquis felt the separation he contemplated between himself and the fortune he had amassed, but if he entertained any malicious sentiments against those to whom he was obliged to leave what he could not take away with him, he seems to have been fully justified in the somewhat severe animadversions he has passed on some of his legatees.

To a lady relative, who had been full of attentions for him, he left a broken cup, jeering her with the taunt that while she thought she was taking him in he was laughing in his sleeve at the grimace she would make when she found that it was he who had got all her little gifts, her smiles and favors out of her, knowing all the while that he had no intention of repaying them as she expected.

“As for you,” he says at the end of the will, “you, my good and admirable valet, who have so long taken me for your dupe, you will now learn that it is you who have been mine; when at the conclusion of my dinner you thought I was applauding your economy and your zeal, in carefully putting together the remains of bottles of wine and keeping them for the next meal, it never occurred to you that I was well aware you took for your own use whole bottles. When you came with tearful eyes and coaxing voice to wait on me the moment I was suffering from any trifling indisposition, presenting to me my tisanes with an assumed air of condolence and anxiety, you little thought how my instinct, following you into the servants’ hall, guessed the language in which you expressed yourself there. ‘The old fellow,’ you used to say, ‘can’t last much longer, and then I shall come in for my hard-earned legacy.’

“Well, my dear fellow, I am sorry to tell you this was all a mistake, and you have got to learn that masters are not always so much stupider as you suppose than their servants.

“As for you, my relatives, who have been so long spelling upon this fortune, on which ‘I had concentrated all my affections,’ you are not going to touch a penny of it, and not one of you will be able to boast that you have squandered the millions which the old Marquis d’Aligre had taken so many years to hoard up.”

Cardinal Antonelli’s Will

The great wealth Cardinal Antonelli, who died in 1876, is reported to have left, has aroused special interest with regard to his will, and given rise to endless gossip, not only as to its contents, but concerning the document itself. At first it was reported that it could not be found; then, that it had disappeared in some remarkable manner; that it had been purposely destroyed; that the cardinal had made no will; and many other canards were circulated. Later, however, the Libertà announced that it was in the hands of the public notary in the Piazza San Claudio, where it could be seen, but that only those having a direct interest in its contents could be permitted to examine it. Subsequently the Popolo Romano published the document in extenso, together with the notary’s statement concerning it, as follows:

“REPERTORY NO. 187

“Reigning His Majesty Victor Emmanuel II., by the grace of God and the will of the nation, King of Italy.

“I, the undersigned, public notary, certify that among my acts under the hereafter-inscribed day is to be found the registered report of the deposit of the holograph testament of the defunct Most Eminent Cardinal Giacomo Antonelli, made at the instance of the illustrious advocate, Signor Antonio Bachetoni, to the following effect:

“The year one thousand eight hundred and seventy-six on Thursday, the twenty-third day of the month of November, in Rome. Before me, Scipione Vici, public notary, having my office upon the Piazza San Claudio, No. 93, and inscribed in the Council of Notaries of the district of the Collegio di Roma, assisted by the undersigned witnesses, qualified according to law, and in the presence of the illustrious advocate Signor Enrico Simonetti, Prætor of my mandament, duly executed at his residence, situated in Via Gesù e Maria, No. 28, and of the Signori Jacopini Torollo, son of the late Giovanni Batta, of Arcidosso, in the Province of Grosseto, domiciled Via Orsoline No. 2, and Filippo Ciavambini, son of the late Petito, of Ascoli, domiciled Via de’ Specchi No. 3, both employés, has personally appeared the illustrious advocate Antonio Bachetoni, son of the late Giovanni, native of Spoleto, domiciled in Rome, in Via del Corso No. 509, of full age, being juridically qualified, and known to me, notary, who, in consequence of express instructions received from the noble Signori Conti Gregorio, Angelo, and Luigi Antonelli, brothers german, has applied to me to deposit with me notary, certain papers, which they assert contain the last testamentary dispositions of the aforesaid defunct Most Eminent and Most Reverend Signor Cardinal Giacomo Antonelli, who passed from among the living on the sixth day of the current November, as results from the certificate of the Board of Health, given the 22nd day of November, 1876, and which I insert (Appendix No. 1). Wherefore, in presence of the aforesaid Signor Prætor and of the aforesaid witnesses, he has consigned to me an open envelope, on the outside of which was found written, ‘Testament of Cardinal Giacomo Antonelli,’ and having examined the contents of the same, they were found to consist of two sheets of paper folded in quarto, and another small envelope, of which the requisite description will be made in its proper place. Opening the two sheets, it was found that they were in one handwriting and consisted of six pages written throughout, and the seventh upon the half only, followed by the date ‘Rome, January 18, 1871,’ and by the signature ‘G. Card. Antonelli.’ On the third page an interlineation of fifteen words was observed, and on the fifth and seventh pages the insertion of a word in each without any marginal note or erasure, as follows:

“‘WILL OF CARDINAL GIACOMO ANTONELLI

“‘Desiring to dispose of my property now that, by the grace of God, I find myself sane in mind and body, using the faculties which I have as Cardinal of the Holy Roman Church, with this document, by me written and subscribed, I make herewith my last will and testament. Before everything else I recommend my poor soul to the infinite mercy of God, trusting that through the intercession of the Most Holy Immaculate Mary, and of my patron saints, St. Peter, St. Paul, St. James, and St. Louis, He may grant me remission of my sins, and make me worthy of the eternal glory of Paradise. I forbid the dissecting or embalming of my body after death in any way or for whatsoever motive, and order that it be interred in the burying-place of my chapel in the Church of Sta. Agata alia Suburra, near my good mother.

“‘The funeral shall be made according to custom in the church which it shall please the Holy Father to appoint. During the eight days following my death I order that a hundred masses a day be celebrated, with the alms of thirty sous for each mass.

“‘A part of these masses shall be caused to be celebrated by the Mendicant Friars. I humbly beg the Holy Father to accept the respectful offering I make him of the crucifix standing on my writing-table, having the cross inlaid with lapis-lazuli, and at the base the kneeling Magdalene, within the centre of said base a bas-relief, representing the Addolorata, and other ornaments in silver. I pray him to accept with paternal goodness this object as a homage from the most devoted and faithful of his subjects, who dies tranquil in the conscience of never having failed in duty towards his sacred person, and the conviction of having always with all earnestness and honesty served him in the true interests of the Church and of the State. Before proceeding to dispose of my private fortune, I declare that I do not possess any other capital beyond that which came from the heritage of my excellent father, or which I have been able to acquire through the means left me by him. I protest, therefore, against all the calumnies which on that and on any other account whatsoever have been in so many ways circulated through the world, before God who is to judge me, and before Him I forgive from my heart all those who have tried to do me evil.

“‘If, in doing my duty, I may have caused displeasure to anyone, I have the conscience of never having had even the intention of injuring anyone whomsoever. I direct my heirs to consign to the persons whom I have thought it my duty to remember some memoranda which I shall leave written in a sealed paper by me subscribed.

“‘I leave to the Hospital of Santo Spirito, for one time only, twenty-five francs, and other twenty-five francs to the Holy Places of Jerusalem.

“‘To my Titular Church of Santa Maria in Via Lata, I leave my white tonacella. The red one I leave to the Church of Sta. Agata alla Suburra, the commenda of which I hold. The violet pianeta I leave to the monastery of St. Marta, of which I am protector.

“‘The sacred hangings and altar-plate of my private chapel I desire may be preserved for the chapel of my house on the Quirinal, and they shall belong to the heir to whom I assign the said house.

“‘I institute as universal proprietary heirs my dearest brothers, Filippo, Gregorio, Luigi, and Angelo, my nephew, Agostino, son of Gregory, and my other nephew, Paolo, son of Luigi, to each of whom, as I shall say afterwards, I assign and determine such portion of the property and of the objects as I will they may possess, and I will that each of them may bear the respective legacy-duty according to the value of the share falling to him.

“‘All my possessions, furniture, gold, silver, precious objects, titles, and effects whatsoever, the credits, and the little money that may be found in my possession at the time of my death, except the collection of stones and other things of which I shall dispose hereinafter, I assign to my brothers as above, Filippo, Gregorio, Luigi, and Angelo, and I pray them to accept this my disposition as a proof of the sincere affection which I have always borne them equally, and as an attestation of the gratitude I have always entertained towards them for the affection which they have shown me under all circumstances.

“‘I assign to my nephew Agostino, heir as above, my house in Rome, situate near the Quirinal, bought from Conte Vimercati, with everything which is in the said house at the moment of writing this present will; so that, if at the moment of my death any objects of whatsoever kind be found there which are now in my apartment at the Vatican these I declare to belong to my brothers as above. I assign also to my aforesaid nephew the altar-furniture of my private chapel at the Vatican. I assign him also the collection of marbles, with the cabinets containing them, exactly as they are in my apartment at the Vatican.

“‘I declare, however, that in the aforesaid collection I do not mean to comprehend the rock crystals and other objects which are kept in three other separate cabinets, one of which contains medals, which I declare to belong to my brothers as above. I assign to my nephew, Paolo, son of my brother, Luigi, heir as above, all the property I possess in the territory of Ceccano and adjoining territories, with all that is to be found in it, nothing excluded, with the following conditions—that is, that my brother, Angelo, having had the patience to occupy himself always with the administration of my possessions in Ceccano and adjoining territories, I ordain that neither my said nephew nor any other person have any right or title whatsoever to take him to account for the aforesaid administration, he having always done everything with my full understanding and having always regularly transmitted to me all the rents of the aforesaid properties.

“‘I dispose, moreover, that all that shall exist at the time of my death of products or rents, as well natural as civil, from the said properties as above, for two seasons following the same, including that in which my death shall happen, shall be freely enjoyed by him as legatee, continuing to hold the administration as he did during my lifetime, exonerating him again from any rendering of account whatsoever. I dispose also that the heir shall not enter into possession of the aforesaid property until after two seasons as aforesaid after my death.

“‘I leave besides, as a legacy to my said brother, Angelo, the two large silver vases with bas-reliefs on their bowls which are to be found in my writing-room of my apartment in the Vatican, and I request my said brother to accept and preserve them as an attestation of my affection and a recognition of all the affectionate regards he has shown towards me during my life. And I also request of all my heirs that all the legacies of furniture, pictures, and other objects may be preserved and used in their respective families, avoiding under any circumstances that any portion of them be sold by public auction.

“‘Finally, I direct that all my said heirs shall amicably divide my heritage among themselves in the portions according as I have assigned them, making of them a simple familiar description for their own guidance. I also leave to all my servants for their natural lives; to those in my service at the time of my death, and who have served me for more than twenty-five years, the full monthly wages they received when I was alive; to those who have served me for more than fifteen years I leave two-thirds of their monthly wages; and to those who have served me for less than ten years, one-third of their monthly wages. In the enjoyment of this disposition, notwithstanding that it is unnecessary to declare it, I intend that the two ecclesiastics who form part of my household shall be comprised. I expressly prohibit that any of the aforesaid shall, for whatsoever reason, effect mortgages upon the property which constitutes my heritage or upon that of my heirs for the purpose of securing any assignments I have left them, and I declare that I have made the said assignments solely under the express condition that they do not affect any such mortgage; and if any or all of them should think fit to do so, then I declare that ipso facto they are excluded from the prescription of the said assignment, which is none other than a gratuitous liberality, and I give them instead one hundred scudi for once only.

“‘G. Cardinale Antonelli.

“‘Rome, 18th January, 1871.’

“The small envelope enclosed with the above bears on the outside the following inscription: ‘For my heirs.’ The contents, being taken out, consisted of a small sheet of paper written evenly in the same handwriting, on the first two pages throughout, and a part of the third, and at bottom the date—Rome, 18th of January, 1871, and the signature, ‘G. Card. Antonelli.’ There are neither erasures nor marginal notes, interlineations nor additions. The tenor of this little sheet is as follows:

“‘My heirs are to pay the following legacies:

“‘To my good sister Rosalia, married Sanguigni, 5000 francs.

“‘To my niece Anna Sanguigni, married to Count Pocci, 5000 francs.

“‘To my niece Lucia Antonelli, 5000 francs.

“‘To my niece Teresa Antonelli, 5000 francs.

“‘To my niece Innocenza, married Bornana, the bénitier with silver bas-relief representing the Nativity, which stands near my bed.

“‘To my nephew Agostino, the watch which stands on the little table, with the arms of the Holy Father, given me by His Holiness on occasion of the Centenary of St. Peter.

“‘To my nephew Domenico, the other pocket-watch, with my arms.

“‘To my nephew Paolo, the watch, with gold chain, which I wear every day, with my arms on one side and my cipher on the other.

“‘To my nephew Pietro, twelve silver couverts of those which I use daily.

“‘To my sister-in-law Mariana, one of my pair of great silver lamps, whichever she chooses. The other I leave to my sister-in-law Peppina.

“‘To my sister-in-law Mimma, I leave my triangular silver inkstand which stands upon my best writing-table, together with one of the two little boxes of Florentine mosaic which are in the same room.

“‘To my sister-in-law Vittoria, I leave the silver basin and vase of English work which are in the case. To my niece Emma, wife of Agostino, I leave all my lace. To her good mother, Contessa Garcia, I leave the little service of silver-gilt, consisting of tray, coffee-pot, cream-jug, sugar-bowl, and cups, with spoons, requesting her to accept them as a remembrance of one who is grateful to her for all the kindness she used towards him while he was in this world, and who prays her to make use of the said objects for her déjeûner.

“‘G. Card. Antonelli.

“‘Rome, January 18th, 1871.’”

Then follow the attestation of the notary and the signatures of Cardinal Antonelli’s lawyer, of the Prætor, and of the witnesses, and the note of expenses of registration.

Will of Matthew Arnold

The estate of Matthew Arnold amounted to £1041. His will is in his own handwriting, and is one of the shortest that ever came under probate: “I leave everything of which I die possessed to my wife, Frances.”

Will of Jean Baptiste Robert Auger

Jean Baptiste Robert Auger, Baron de Montyon, was born in 1733 and died in 1820; he was a French economist and philanthropist, and a friend of Franklin. The Baron was a member of the King’s Government just before the Revolution. Although by birth and social position an aristocrat, all his heart was with the poor and suffering of the land.

In 1783 he founded several prizes, the chief one being a prize for the most remarkably virtuous act on the part of any poor French citizen. By his will he left a large sum of money for the purpose of “aiding virtue,” as he said. “The doers of the actions honored,” the will stipulated, “shall not be of a station above the middle classes of humanity.” The annual award of these prizes is made by the French Academy.

As years have passed, other rich philanthropists have added to the original sum, until to-day the income is sufficient to award every year a large number of prizes that are really of substantial aid to those who receive them.

For a number of years after the Government had received the bequest, it did not make any awards. During the Revolution the convention voted that it did not approve of awarding any such prizes; so the principal was allowed to accumulate. But during the reign of Napoleon it was turned over to the newly restored Academy as the most capable and impartial tribunal in the land, and the Academy, which is composed of forty foremost men of letters in France, has had charge of the constantly increasing fund ever since.

The award of prizes is made with much ceremony at a public meeting of the Academy on a certain fixed day every year. One of the most eloquent members of the Academy is chosen to tell in an “oration” to whom, and why, the prizes for that year have been awarded. If all these “orations” could be collected and published, they would make one of the most inspiring books ever written.

Part of each bequest is set aside to employ investigators to make thorough inquiries about each request for a reward. Such requests are never permitted to come from the person to be rewarded, nor from his family. Generally, the people in a small town or village send a joint petition to the Academy, requesting the reward for one of their members.

Among the recent rewards is the characteristic case of Laurentine Armenjon, a girl from the mountains of Savoy. She is eighth in a family of fifteen children. When nine years old, her youngest sister was carried away by gypsies, and from grief and distress over this, the mother lost her reason. Ever since, now ten years ago, Laurentine has had charge of the brothers and sisters, older as well as younger; and of the bedridden demented mother besides, while the father is away in the fields toiling for his scanty living.

A gift of one thousand francs was sent to one of the most remote islands of the South Pacific, to three nuns who are surely among the most heroic of living creatures. The Island of Mangareva, where they live, is a leper colony. It is not likely that one of these women will ever leave this lonely desolate spot, so far away from the land of their families and friends that news from home comes only once in six months. The nearest civilization lies forty days’ journey over the ocean. Many nuns have gone before these three to voluntary exile on this island, but they have all succumbed within a few years; one or two were driven insane by the very loneliness and desolation of the life. Though they knew this in advance, yet these three women from Brittany have consecrated the rest of their lives, be they long or short, to God’s service there.

No prize is ever granted for one act of heroism; but every award is made to a person who has devoted years of patient service to some good cause. Moreover, the awards are rather aids than prizes, granted in order to enable the person awarded to carry on some good work to even greater usefulness.

Will of Lord Bacon

Lord Bacon in 1625, bequeathed his soul and body to God, while his name and memory he left to men’s charitable speeches and to foreign nations and the next ages.

Will of the Duke of Brunswick

“To-day, the 5th of March, 1871, Hôtel de la Metropole, Geneva.

“This is our Will or Testament,—We, Charles Frederic Auguste William, by the Grace of God Duke Sovereign of Brunswick and of Luneburg, &c., being in good health of body and mind, declare—

“1. That we revoke by the present all testaments or writings prior to this one. 2. We wish that after our death our executors here named shall cause our body to be examined by five of the most celebrated physicians and surgeons in order to make sure that we have not been poisoned, and to make an exact report in writing, signed by them, of the cause of our death. 3. We wish that our body be embalmed, and if better for its preservation, petrified, according to the printed method adjoined. We wish our funeral to be conducted with all the ceremony and splendour due to our rank of Sovereign Duke. 4. We wish our body to be deposed in a mausoleum above the ground, which shall be erected by our executors at Geneva, in a dignified and prominent position. The monument shall be surmounted by an equestrian statue and surrounded by those of our father and grandfather of glorious memory, after the design attached to this testament in imitation of that of the Scaglieri at Verona; our executors shall construct the said monument ad libitum of the millions of our succession, in bronze and marble, by the most celebrated artists. 5. We make the condition that our testamentary executors shall not enter into any sort of compromise with our unnatural relations—Prince William of Brunswick, the ex-King of Hanover, his son, the Duke of Cambridge, or any one else of our pretended family, their servitors, their agents, or any other person whatever. 6. We wish our testamentary executors to use every means to put themselves in possession of our fortune remaining in our Duchy of Brunswick, in Hanover, in Prussia, in America, or elsewhere. 7. We make as a condition that our executors respect and execute all the codicils and legacies which we have the intention to make in favour of our surroundings. 8. We declare that we leave and bequeath our fortune—that is, our chateaux, domains, forests, estates, mines, saltworks, hotels, houses, parks, libraries, gardens, quarries, diamonds, jewels, silver, pictures, horses, carriages, porcelain, furniture, cash, bonds, public funds, bank-notes, and particularly that important part of our fortune which has been taken from us by force and kept since 1830, with all the interests in our Duchy of Brunswick, to the city of Geneva. 9. We leave to Mr. George Thomas Smith, of No. 228, King’s Road, Chelsea, in England, administrator-general, grand treasurer of our fortune, 1,000,000f., and we nominate him executor in chief of this testament. We likewise appoint M. Ferdininant Cherbuliez, advocate at Genoa. This testament is entirely written and signed by our hand, and sealed with our arms.

“Duke of Brunswick.”

Will of Lord Bulwer-Lytton

The will of the late Lord Bulwer-Lytton, who died in 1873, contained special directions as to the examination of his body, in order to provide against the possibility of his being buried whilst in a trance, which appeared to be an apprehension of his. The will further provided that the funeral expenses should be limited to what was usual, simply, in the interment of a private gentleman; and that any epitaph which might be intended for his tomb should be written in the English language.

Will of Edmund Burke

Edmund Burke is believed to have been born in Dublin on the 12th day of January, 1729; he died on the 8th day of July, 1797. His gifts of oratory impressed the people of his time, and have remained models ever since; he must ever be held in affectionate esteem by Americans, for his speeches on “American Taxation” and “Conciliation with America” are regarded as the most brilliant examples of his eloquence and statesmanship. Had his counsels been adopted, the War of Independence would have been averted. Burke left strict injunctions that his burial should be private, and in spite of a great demand for his interment in Westminster Abbey, he was laid to rest in the little church at Beaconsfield, a few miles from Windsor.

His will remains on file at Somerset House, London, and the testament is here given as it there literally appears:

“If my dear Son & friend had survived me, any Will would have been unnecessary but since it has pleased God to call him to himself before his Father, my duty calls upon me to make such a disposition of my worldly affairs as seems to my best Judgment most Equitable and reasonable; therefore, I, Edmund Burke, of the parish of Saint James, Westminster, though suffering under sore and inexpressible affliction being of sound and disposing Mind and not affected by any bodily infirmity, do make my last will and Testament, in manner following; First, according to the Ancient good and laudable Custom of which my Heart & understanding recognizes the propriety, I bequeath my soul to God, hoping for his Mercy thro’ the only Merits of our Lord and Saviour Jesus Christ; my Body I desire, if I should die in any place very convenient for its Transport thither (but not otherwise), to be buried in the Church at Beaconsfield near to the Bodies of my dearest Brother & my dearest Son, in all Humility praying that as we have lived in perfect Amity together we may together have a part in the Resurrection of the Just; I wish my Funeral to be (without any Punctiliousness in that respect) the same as that of my brother and to exceed it as little as possible in point of Charge, whether on Account of my Family or of any others who would go to a greater expence, & I desire in the same manner and with the same Qualifications that no Monument beyond a Middle sized Tablet with a small and simple inscription on the Church Wall or on the Flagstone be erected; I say this because I know the Partial kindness to me of some of my Friends, but I have had in my life time but too much of noise and compliment: as to the rest it is uncertain what I shall leave after the Discharge of my Debts which when I write this are very great. Be that as it may, my Will concerning my worldly substance is short. As my entirely beloved, Faithful & affectionate Wife did during the whole time in which I lived most happily with her take on her the charge & Management of my affairs, assisted by her son, whilst God was pleased to lend him to us, did conduct them (often in a state of much derangement and embarrassment) with a patience and prudence which probably have no example, & thereby left my Mind free to prosecute my publick duty or my Studies or to indulge in my relaxations or to cultivate my friends at my pleasure; so on my Death I wish things to continue as substantially they have always been. I therefore by this my last and only Will devise, leave & bequeath to my entirely beloved and incomparable Wife, Jane Mary Burke, the whole real Estate of which I shall die seized, whether Lands, Rents or Houses, in absolute Fee simple; as also all my Personal Estate, whether Stock, Furniture, Plate, Money or Securities for Money Annuities for lives or Years, be the said Estate of what nature, Quality, extent or description it may be, to her sole uncontrolled Possession & disposal, as her property in any manner which may seem proper to her to possess or to dispose of the same (whether it be real Estate or Personal Estate) by her last will or otherwise; it being my intention that she may have as clear and uncontrolled a right and Title thereto and therein as I possess myself as to the use, expenditure, Sale or devise. I hope these Words are sufficient to express the absolute and unconditioned, unlimited right of compleat Ownership. I mean to give to her the said Lands and Goods and I trust that no words of surplusage or ambiguity may vitiate this my clear intention; there are no persons who have a right or I believe a disposition to complain of this bequest which I have only weighed and made on a proper consideration of my Duties and the relations in which I stand. I also make my wife, Jane Mary Burke, aforesaid, my sole Executrix of this my last Will, knowing that she will receive advice and assistance from her and my excellent Friends D^r. Walker King & D^r. Lawrence, to whom I recommend her & her concerns, though that perhaps is needless, as they are as much attached to her as they are to me. I do it only to mark my special Confidence in their affection, Skill and Industry. I wish that my Dear Wife may, as soon after my Decease as Possible (which after what has happened she will see with Constancy and resignation), make her last will with the advice and assistance of the two persons I have named; but it is my wish also that she will not think herself so bound up by any bequests she may make in the said Will & which whilst she lives can be only intentions, as not during her life to use her property with all the Liberty I have given her over it, just as if she had written no Will at all but in everything to follow the directions of her own Equitable and Charitable Mind and her own prudent and measured understanding. Having thus committed every thing to her Discretion I recommend (subject always to that Discretion) that if I should not during my life give or secure to my Dear Niece, Mary C. Hairland, wife of my worthy Friend, Captⁿ Hairland, the sum of a thousand pound or an Annuity equivalent to it, that she would bestow upon her that Sum of Money or Annuity Conditioned and limited in such manner as she, my Wife aforesaid, may think proper by a Devise in her Will or otherwise, as she may find most convenient to the situation of her affairs without pressure upon her during her life; my Wife put me in Mind of this which I now recommend to her; I certainly some years ago gave my Niece reason to expect it but I was not able to execute my intentions. If I do this in my life time this recommendation goes for nothing. As to my other Friends, Relations, and Companions through Life, and especially to the Friends and Companions of my Son, who were the dearest of mine, I am not unmindful of what I owe them, if I do not name them all here and mark them with tokens of my Remembrance I hope they will not attribute it to unkindness or to a want of a due Sense of their Merits towards me. My old Friend and Faithful Companion, Will. Burke, knows his place in my heart. I do not mention him as Executor or Assistant. I know that he will attend to my Wife, but I chose the two I have mentioned as from their time of Life of greater activity. I recommend him to them. In the Political World I have made many connections and some of them amongst persons of high rank; their Friendship from political became personal to me and they have shewn it in a manner more than to satisfie the utmost demands that could be made from my love & sincere attachment to them. They are the worthiest people in the Kingdom; their intentions are excellent, and I wish them every kind of success. I bequeath my brother in law, John Nugent, & the friends in my poor Sons list, which is in his Mother’s hands, to their protection as to them & to the rest of my Companions who constantly Honoured and Cheered our House as our Inmates I have put down their names in a list that my Wife should send them the usual remembrance of little Mourning Rings as a token of my remembrance. In speaking of my Friends to whom I owe so many obligations I ought to name specially Lord Fitzwilliam, the Duke of Portland and the Lord Cavendishes with the D. of Devonshire the worthy head of that Family. If the intimacy which I have had with others has been broken off by a Political Difference on great Questions concerning the State of things existing and impending, I hope they will forgive whatever of general human Infirmity or of my own particular Infirmity has entered into that contention. I heartily entreat their forgiveness. I have nothing Further to say. Signed & Sealed as my last Will and Testament this 11^th. day of August, 1794 being written all with my own hand. Edm. Burke—in the presence of—Dupont—William—Webster—Walker & King.

“In reading over the above Will I have nothing to add or essentially to alter but one point may want to be perfected & explained. In leaving my Lands and Heredits to my wife I find that I have omitted the Words which in Deeds Create an Inheritance in Law. Now tho’ I think them hardly necessary in a Will yet to obviate all doubts I explain the matter in a Codicil which is annexed to this—(sic) 22 1797.—Edm. Burke.

“I Edm. Burke of the parish of Beaconsfield, in the county of Bucks, being of sound and disposing Judgment and Memory, make this my last will and testament, in no sort revoking but explaining & confirming a Will made by me and dated the eleventh of August, in which will I have left, Devised and Bequeathed all my estate of whatever nature and Quality the same may be, Whether lands, Tenements, Houses, Freehold or Leasehold, Interests, Pensions for lives or years, Arrears of the same, Legacies or other debts due to me; Plate, Household Stuff, Books, Stock in Cattle & Horses & utensils of Farming & all other my Goods and Chattels to my dear Wife I: M: Burke in as full & perfect manner as the same might be Devised, Conveyed or transferred to her by any Act or Instrument whatsoever; with such recommendations as in my Will aforesaid are made & with a wish that in the discharge of my Debts the course hitherto pursued may be as nearly as possible observed, Sensible however that in payment of Debt no exact rule can be preserved; the same is therefore left to her Discretion, with the advice of our Friends whom she will naturally Consult. The reason of my making this will or Codicil to my former Will is from my having omitted in devising by that Will my Lands and Heredits to my Wife aforesaid, the full and absolute Property thereof & therein I have omitted the legal Words of Inheritance. Now tho’ I think those words however necessary in a Deed are not so in a Will, yet to prevent all Question, I do hereby devise all my Lands Tenements and Heredits as well as all other property that may be subject to a strict Rule of Law in Deeds & which would pass if left undevised to my Heirs. I say I do devise the same Lands tenements and Hereditaments to my Wife, Jane Mary Burke, and her Heirs for ever in pure absolute and unconditional Fee simple. I have now only to recommend to the kindness of my Lord Chancellor L^d. Loughborough, to his Grace the Duke of Portland, to the most Honorable the Marquiss of Buckingham, to the R^t_. Hoñble W^m. Windham & to D^r. Lawrence of the Commons and Member of Parliament, that they will after my death continue their Protection and favour to the Emigrant School at Penn & will entreat, with a weight on which I dare not presume, the R^t. Hon. W^m. Pitt to continue the necessary allowances which he has so generously and charitably Provided for those unhappy Children of Meritorious Parents; that they will superintend the same, which I wish to be under the more Immediate care and direction of D^r. King and D^r. Lawrence, & that they will be pleased to exert their influence to place the said young Persons in some Military Corps or other Service as may best suit their dispositions & Capacities, Praying God to bless their endeavours. Signed and sealed as a Codicil to my Will or a Confirmation and Explanation thereof agreeably to the Note which some days ago I put to the end of it. This 29^th. January 1797. Edm: Burke, in the presence of—Walker King—Rich^d. Bourke—Ed: Nagle.”

Will of Queen Caroline

The will of Queen Caroline was drawn up by her directions on Sunday, the 5th day of August, 1821, within a few days of her death. It appears that on this same day she sent for the undertaker, by name Busch, to measure her for her coffin. Finding he did not come, she, a second time, ordered a servant to go for him, and then gave precise orders desiring it might be made of cedar-wood, and that it should bear this inscription:

CAROLINE OF BRUNSWICK,

Born 17th May, 1768, Died 7th August, 1821. Aged 54. The outraged Queen of England.

This desire she again mentioned by a special codicil to her will.

As the remains of this princess were to be buried at Brunswick, on the arrival of the coffin at Colchester, it was deposited in the chapel for the night, with a guard of honor to watch it. During this time, it appears, the executors, and some others who formed the cortège in attendance—Lord Hood, Sir Robert Wilson, Count Vassali, Messrs. Lushington, Wilde, and others—managed to introduce themselves into the chapel by night, and caused the plate in question to be nailed on.

On the following morning, however, much to the discomfiture of these gentlemen, and notwithstanding their protestations, this was removed and was replaced by the following, drawn up by an heraldic council and approved by the Government:

“Depositum serenissimæ principissæ Carolinæ Ameliæ Elizabethæ, Dei gratiâ reginæ consortis augustissimæ, potentissimi monarchæ Georgii quarti, Dei gratiâ Britanniarum regis, fidei defensoris, regis Hanovriæ ac Brunsvici et Luneburgi ducis. Obiit vii. die mensis Augusti, Anno Domini mdcccxxi. ætatis liv.”

And it so remains.

Will of Lord Chesterfield

One of the most prominent of those whose wills were proved in 1773 was the “great” Lord Chesterfield, the arbiter on all matters of politeness, whose famous “Advice to his Son” was so summarily criticised by Dr. Johnson. This “first gentleman in Europe” of his day, left the bulk of his property to his godson, Philip Stanhope, with a very unfashionable and unpalatable restriction: “The several devises and bequests hereinbefore and hereinafter given by me to and in favour of my said godson Philip Stanhope, shall be subject to the condition and restriction hereinafter mentioned; that is to say, that, in case my said godson Philip Stanhope shall at any time hereafter keep, or be concerned in the keeping of, any race-horse or race-horses, or pack or packs of hounds, or reside one night at Newmarket, that infamous seminary of iniquity and ill-manners during the course of the races there, or shall resort to the said races, or shall lose in any one day at any game or bet whatsoever the sum of £500, then, and in any of the cases aforesaid, it is my express Will, that he my said godson shall forfeit and pay out of my estate the sum of £5000 to and for the use of the Dean and Chapter of Westminster, for every such offence or misdemeanour as is above specified, to be recovered by action for debt in any of his Majesty’s Courts of Record at Westminster.”

Will of John Dryden

John Dryden, of Ashbye, Northampton, died in 1684. He left the following curious preamble to his will:

“I, John Dryden, of Ashbye, in the county of Northampton, gentleman, doe make and ordeyne my last will and testament in manner following: First, I bequeathe my soule to Almightie God my Creator, by the merits of whose son Jesus Christe, my Savior and Redeemer, I doe believe to be saved, the Holy Ghost assuring my spirit that I am the elect of God. My bodie to be buried in the church of Ashbye, and although I doe not allow of pompe in burialls, yet, for some reasonable considerations, I will that the stone I have allready prepared shall be layde upon my grave, and my arms and my wyve’s graven in brass thereupon. Notwithstanding, if God call mee far from Ashbye, then should it yet be thought necessary to my executors to bring me hither, I refer that to their discressions, and soe doe I the place of my buriall, whether in the place aforesaiyde or in the churchyard, or els in the church.”

Will of Edward IV

It is almost certain that Edward IV left a will, but it has never been discovered. The editors of the royal wills rationally conjecture that it was destroyed during the usurpation of his brother, Richard III, as it has never been found.

Will of Sir Charles Fellowes

Sir Charles Fellowes, the author and antiquarian, died in 1860. He left by his will Milton’s watch to the British Museum. His wife, who died in March, 1874, left her collection of watches (many of which had belonged to celebrities) to the same institution.

Will of Lord Edward Fitzgerald

The will of this unfortunate nobleman was made under very singular circumstances, after he was mortally wounded in the desperate struggle with Major Sirr, and while in confinement in Newgate, Dublin, where, whatever his political errors, he seems to have been treated with needless severity.

“Even for the purpose of drawing up his will, which he wrote on the 26th May, 1798,” says Moore, “no person at all connected with his own family was allowed to have access to him, and Mr. John Leeson, who executed the instrument, sat in a carriage at the door of the prison, while Mr. Stewart, the government surgeon, communicated between him and the prisoner during the transaction.”

“I, Lord Edward Fitzgerald, do make this as my last will and testament, hereby revoking all others; that is to say, I leave all estates, of whatever sort I may die possessed of, to my wife, Lady (Pamela) Fitzgerald, as a mark of my esteem, love, and confidence in her, for and during her natural life, and on her death to descend, share and share alike, to my children, or the survivors of them; she maintaining and educating the children according to her discretion; and I constitute her the executrix of this my last will and testament.

“Signed, sealed, and delivered, May the 26, 1798.

“In presence of ... Alexander Lindsay. “George Stewart. “Samuel Stone.”

Will of Garrick

David Garrick, who was born at Hereford in 1716, was originally intended for business, and consequently was sent to an uncle settled at Lisbon as a merchant, but showing no aptitude for this calling nor yet for the law, to which he applied himself subsequently, he plunged into the life of a comedian, and first appeared at Ipswich in 1741. In October of the same year, however, he came out in London, and obtained great success at one of the small theaters in the character of Richard III. In 1742 he went to Dublin, where he was enthusiastically received, and thence returned to London, where his fame and fortune were shortly made. At length, in 1747, he was able to purchase Drury Lane Theatre, obtained a renewal of its privileges, and retained the management for nearly twenty years; for on the 10th of June, 1776, he took leave of the public, and retired after obtaining £2200 for what had originally cost him £320. His withdrawal from the stage was universally and profoundly deplored; he only survived his retirement three years, but he died full of honors and possessed of considerable wealth. His death took place in London on Wednesday, 20th of January, 1779.

The stir made by his funeral was surprising, but scarcely greater than that produced in Paris a century later, at the interment of Déjazet: the procession was formed by seventy mourning-coaches, twenty-four of which were filled by the élite of English society. Arrived at Westminster Abbey, the corpse was met by the Chapter; the Bishop of Rochester officiated, and the remains of Garrick were interred close to the monument of Shakespeare.

There is nothing remarkable in his will, which disposes of his fortune in a spirit of fairness, liberality, and benevolence. It was made the year previous to his death:

“I, David Garrick, at this present occupying my house in the Adelphi, do deposit in the hands of Lord Camden, of the Right Hon. Richard Rigby, of John Patterson, and of Albany Wallis, Esquires, my house at Hampton-on-the-Thames, in the county of Middlesex, with the two islands dependent thereon, the temple and the statue of Shakespeare, my house in the Adelphi, with the furniture and pictures contained in the two said houses, to be delivered up to Eva Maria Garrick, my wife, in order that she may enjoy the same during her natural life, and that she may reside there.

“I give and bequeath to my said wife all my linen, plate, china, horses, carriages, and wine that may be contained in my cellars in both my houses.

“I give her furthermore £1000, payable immediately after my decease, and £5000 payable a year after.

“I give and bequeath to my said wife £1500 per annum during the term of her natural life, and as long as she shall reside in either of my before-mentioned houses, and £1000 should she quit England and settle whether in Scotland or Ireland.

“I give and bequeath to my nephew, David Garrick, the dwelling-house, farms, garden, and tenements and lands situated at Hampton, save and except that bequeathed to my wife.

“I deposit in the hands of my said executors the freehold of Hendon, with my right and patronage over the church of the said freehold, with directions to sell it, and to employ the produce according to my hereinafter-mentioned desires.

“I give, after the decease of my wife, the statue of Shakespeare and my collection of old plays to the British Museum.

“I give to my nephew, Carrington Garrick, the rest of my library, with the exception of books to the value of £100 in favour of my wife and at her choice.

“I give to the institution established for the relief of impoverished actors, the houses I bought along with Drury Lane Theatre.

“I give to my brother, George Garrick, £10,000; to my brother Peter, £3000; to my nephew Carrington Garrick, £6000; to my nephew David Garrick, besides the dowry I agreed to pay him on the day of his marriage, the sum of £5000.

“I deposit in the hands of my executors the sum of £6000 in favour of my niece Arabella Shaw, wife of Captain Shaw.

“I give to my niece, Catherine Garrick, the sum of £6000, to be paid to her on the day on which she shall marry or attain her majority.

“I give to my sister, Mercia Doxey, the sum of £5000; and to the niece of my wife actually residing with us at Hampton, the sum of £1000.

“Should the above-named legacies exceed the fund assigned to their payment, each legatee shall submit to a reduction in his legacy, proportioned to its amount, until the death of my wife; after that event, and on the sale of Hampton, the sums thus withheld shall be made up out of the amount produced by that sale.

“Should there, on the other hand, be more than sufficient to cover these legacies, I will that such surplus be divided in equal portions among my nearest relations according to the order observed with those who die intestate.

“In pursuance of this my last will, I name the within-mentioned my executors, and in token thereof I here sign and seal this document with my arms this 24th day of September, 1778.

“(Signed) David Garrick.

“Sic transit gloria mundi.”

By this testament it appears that David Garrick, the portionless son of a half-pay captain, had earned by his own unaided talents a fortune amounting in money to nearly £50,000, besides his superb estate at Hampton, with its islands, farms, orchards, and appurtenances; his property at Hendon; his houses in London; the theatre at Drury Lane; his costly furniture, valuable plate, china, wines, library, statues, pictures, and other works of art, horses, carriages, etc.

When we compare this splendid fortune with that of Shakespeare, who could only leave to his wife his “second best bed, with the furniture,” we are tempted to wonder why the fickle goddess should have so much more highly favored him who exhibited the fruits of genius than him who produced them.

Will of Lord Hailes

Lord Hailes (Sir David Dalrymple), a Lord of Session, appointed in 1766, died in 1792, apparently without a will. Great search was made, no testamentary paper could be discovered, the heir-at-law was about to take possession of his estates, to the exclusion of his daughter and only child, and Miss Dalrymple prepared to retire from New Hailes, and from the mansion-house in New Street. Some of her domestics, however, were sent to lock up the house in New Street, and, in closing the window-shutters, there dropped out upon the floor, from behind a panel, Lord Hailes’ will, which was found to secure her in the possession of his estates.

Will of Thomas Hood, the Poet

“Devonshire Lodge, New Finchley Road, “St. John’s Wood, February 7th, 1845.

“It is my last Will and desire that ‘Nash’s Hall’s’ be given, in my name, to my dear William and Georgiana Elliot, in recognition of their brotherly and sisterly affection and kindness.

“My ‘Knight’s Shakspeare’s,’ for a like reason, to dear Robert Elliot.

“‘Chaucer or Froissart,’ as he may prefer, to F. Reseigh Ward, Harvey, Phillips, and Hardman, to select a book apiece for remembrance.

“‘Nimrod’s Sporting’ to Philip de Franck.

“All else that I possess, I give and bequeath to my dear wife, to be used for her benefit and that of our dear children, whom God bless, guide and preserve.

“With my farewell love and blessing, “To all friends, “Thomas Hood.”

Will of Lord Howden

Hamilton v. Dellas.—Before Vice-Chancellor Sir James Bacon.—The loss, vexation, and complexity so frequently occasioned by intestacy, was in a partial measure manifested by the lapse in the will of the late Lord Howden, and serves in good stead to show how guarded persons should be to see, not only that they leave a properly prepared and executed will, but likewise that no lapse is left unsupplied. In the case of Lord Howden, although the lapse was only trifling, considering the vast wealth of his lordship, yet it was represented by a considerable amount. The case is a very curious one, as Lord Howden held a very high status in England, being a peer of the realm, and had taken the oath and his seat in the House of Lords; he was also a G.C.B., lieutenant-general in the army, and Deputy-Lieutenant for the County of York. Notwithstanding all these ties, in 1850 he sold his estate at Grimston Park, in Yorkshire, and all his real estate in England, and went to Spain as Minister Plenipotentiary, in which position he continued till 1857, when he went to France, and resided on an estate near Bayonne, which he acquired about that time, and where he built a château called “Casa Caradoc,” in which he generally resided up to the date of his death. In 1863 he visited Scotland, and then wrote a letter declining to come to England, and expressing his intention of never doing so again; he likewise, in certain legal proceedings taken in England, claimed to be domiciled in France, sine animo revertendi. Lord Howden had made separate wills relating to his personal property in England and in France, and the confusion arose respecting one-fourth of that in England, the person to whom it had been bequeathed having died during his lordship’s lifetime. The question was to whom this undisposed of personalty should belong, as by English law the whole of it would pass to Lady Rose Meade, as his lordship’s nearest relation and sole next-of-kin, while, according to French law, a moiety only would pass to Lady Rose Meade, who was his lordship’s nearest relation on the father’s side, and the other moiety amongst his lordship’s nearest relations on the mother’s side. The case therefore rested on the point, whether Lord Howden’s domicile was English or French at the time of his death, and the Vice-Chancellor said that, in the absence of authority, he should be sorry at this time of day to decide that a peer could not take up his permanent residence abroad. There was nothing to prevent any one, be he peer or peasant, from leaving the country to reside abroad. He then distinguished the cases of persons actually officers in the army, and the cases known of an Anglo-Indian domicile. On the facts, he said, it was clear that Lord Howden had acted so as to acquire a French domicile. There was only the question of the article in the Code Napoleon, which clearly only related to the acquisition of civil rights, and not the question of domicile at all. He therefore declared the domicile of Lord Howden to have been French.

Will of Dr. Samuel Johnson

Dr. Samuel Johnson is one of the foremost figures in English literature; his will, copied by Boswell, is an interesting document:

“In the name of God, Amen! I, Samuel Johnson, being in full possession of my faculties, but fearing this night may put an end to my life, do ordain this my last will and testament.”

This will was written the 8 day of December, 1784. Sir John Hawkins and the distinguished painter, Sir Joshua Reynolds, were executors. A codicil written on December 9, 1784, is several times the length of the will written the day before. Both in the will and in the codicil, Francis Barber, a negro man-servant, is made the chief beneficiary. It is said that the amount received by Barber under this will, exclusive of an annuity on the sum of $3750, was about ten thousand dollars. A copy of his great French dictionary, as well as a copy of his own dictionary, were given to Sir Joshua Reynolds. A striking provision in Johnson’s will, is the following clause:

“I bequeath to God, a soul polluted by many sins, but I hope purified by Jesus Christ.”

The celebrated letter written by Dr. Johnson to Lord Chesterfield, from a point of combined politeness, satire, and irony, has probably never been surpassed, and was doubtless a just resentment of the treatment he had received from his patron. The date of this letter is given by Boswell and other authorities, as February 7, 1775; the true date is 1755, for it was in that year that his Dictionary was completed. A brief history of this letter is as follows:

Boswell in his “Life of Johnson,” says the story was current that the great philosopher was kept waiting in Lord Chesterfield’s antechamber upon the occasion of a visit to him; that Dr. Johnson was violently provoked when the door finally opened, and out walked Colley Cibber, an English actor and dramatist. Johnson himself, however, told Boswell that there was no truth in this story, but that during his years of struggle, Lord Chesterfield had studiously neglected him. When the Dictionary was on the eve of publication, Lord Chesterfield attempted, in a courtly manner, to conciliate Dr. Johnson by writing two articles in The World, a leading London paper, in commendation of the work; the courtly device failed of its effect.

Johnson said to Boswell, “Sir, after making great professions, he had, for many years, taken no notice of me; but when my Dictionary was coming out, he fell a scribbling in The World about it. Upon which I wrote him a letter expressed in civil terms, but such as might show him that I did not mind what he said or wrote, and that I had done with him.” And, he added, “This man, I thought had been a lord among wits, but I find, he is only a wit among lords.” The letter follows:

“To the Right Honourable the Earl of Chesterfield

“February 7, 1755.

“My Lord,

“I have been lately informed, by the proprietor of The World, that two papers, in which my Dictionary is recommended to the public, were written by your lordship. To be so distinguished is an honour, which, being very little accustomed to favours from the great, I know not well how to receive, or in what terms to acknowledge.

“When, upon some slight encouragement, I first visited your lordship, I was overpowered, like the rest of mankind, by the enchantment of your address, and could not forbear to wish that I might boast myself Le vainqueur du vainqueur de la terre;—that I might obtain that regard for which I saw the world contending; but I found my attendance so little encouraged, that neither pride nor modesty would suffer me to continue it. When I had once addressed your lordship in public, I had exhausted all the art of pleasing which a retired and uncourtly scholar can possess. I had done all that I could; and no man is well pleased to have his all neglected, be it ever so little.

“Seven years, my lord, have now passed, since I waited in your outward rooms, or was repulsed from your door; during which time I have been pushing on my work through difficulties, of which it is useless to complain, and have brought it, at last, to the verge of publication, without one act of assistance, one word of encouragement, or one smile of favour. Such treatment I did not expect, for I never had a patron before.

“The shepherd in ‘Virgil’ grew at last acquainted with Love, and found him a native of the rocks.

“Is not a patron, my lord, one who looks with unconcern on a man struggling for life in the water, and, when he has reached ground, encumbers him with help? The notice which you have been pleased to take of my labours, had it been early, had been kind; but it has been delayed till I am indifferent, and cannot enjoy it; till I am solitary, and cannot impart it; till I am known, and do not want it. I hope it is no very cynical asperity, not to confess obligations where no benefit has been received, or to be unwilling that the public should consider me as owing that to a patron, which Providence has enabled me to do for myself.

“Having carried on my work thus far with so little obligation to any favourer of learning, I shall not be disappointed though I shall conclude it, if less be possible, with less; for I have been long wakened from that dream of hope, in which I once boasted myself with so much exultation,

“My Lord, your lordship’s most humble, “Most obedient servant, “Sam. Johnson.”

Will of Mr. George Henry Lewes

The will, dated November 21, 1859, of Mr. George Henry Lewes, the celebrated author, formerly of Holly Lodge, South Fields, Wandsworth, but late of The Priory, North Bank, Regent’s Park, who died on November 20, 1879, was proved by Mary Ann Evans, the sole executrix, the personal estate being sworn under £2000. The testator gives to his three sons, Charles Lee, Thornton Amott, and Herbert Arthur, all his copyright and interest of every description in all his literary and dramatic works, and the residue of his real and personal estate to his executrix.

Will of Maria Cristina, Queen Dowager of Spain

The will (dated 1874), with a codicil (dated 1875), both made in Paris, of her Majesty the Queen Doña Maria Cristina de Borbon y Borbon, who died on August 22, 1879, in France, was proved in London. The personal estate in England is sworn under £6000. The testatrix directs that 5000 recited masses shall be performed for her soul, 5000 for the soul of her late husband, 1000 for the souls of her deceased children, and 500 for the souls of her deceased grandchildren, to be performed by poor priests in churches to be selected by her executors, the alms for each mass to be ten reals. She bequeaths money to the needy poor and sick of several towns. Special directions are given as to her numerous papers; they are divided into four classes, viz. her business papers, political papers, confidential papers, and intimate private papers; her secretary, Don Antonio Maria Rubio, is charged with the arranging of them, and he is to deliver the papers of the first three categories, sealed up, to her son, Don Fernando, and the papers of the last-named category to her daughter, Doña Maria Cristina, also sealed up; they are not to be opened until the expiration of forty years from her decease, and the testatrix states that she so orders not for her own sake or from any want of confidence in her children, but with views of delicacy towards the many persons she has had political relationship with during her long and checkered career. If upon examination any papers are found among her own property belonging to her first husband, or the Government of Spain, they are to be delivered to her august daughter, the Queen Isabella, for eventual transmission to the successor of her first husband in the crown of Spain, “say her grandson King Alfonso.”

Will of Michael Eyquem de Montaigne

Montaigne, the celebrated essayist and philosopher, is stated to have got over any difficulties in the way of carrying out his testamentary intentions by the happy expedient of calling all the persons named in his will around his deathbed, and counting out to them severally the bequests he had made them. Any doubtful testator might usefully follow Montaigne’s example, but there is always the risk of the donor getting better, and finding himself penniless. A small farmer in Suffolk, England, being very ill, was advised by his affectionate relatives to distribute his money, and thus save legacy duty. He did so, but got well again; he did not, however, recover the amount he had distributed, and the poor old farmer had to seek relief from the parish.

Will of Napoleon

In Scott’s “Life of Napoleon Buonaparte,” published in 1828, is a complete copy of this celebrated document, the first division of which is as follows:

“Napoleon.

“This 15th April, 1821, at Longwood, Island of St. Helena. This is my Testament, or act of my last Will.

I

“1. I die in the apostolical Roman religion, in the bosom of which I was born, more than fifty years since.

“2. It is my wish that my ashes may repose on the banks of the Seine, in the midst of the French people, whom I have loved so well.

“3. I have always had reason to be pleased with my dearest wife, Marie Louise. I retain for her to my last moment, the most tender sentiments—I beseech her to watch, in order to preserve my son from the snares which yet environ his infancy.

“4. I recommend to my son, never to forget that he was born a French prince, and never to allow himself to become an instrument in the hands of the triumvirs who oppress the nations of Europe; he ought never to fight against France, or to injure her in any manner; he ought to adopt my motto—‘Everything for the French people.’

“5. I die prematurely, assassinated by the English oligarchy.... The English nation will not be slow in avenging me.

“6. The two unfortunate results of the invasions of France when she had still so many resources, are to be attributed to the treason of Marmont, Augerau, Talleyrand and La Fayette.

“I forgive them—may the posterity of France forgive them like me!

“7. I thank my good and most excellent mother, the Cardinal, my brothers Joseph, Lucien, Jerome, Pauline, Caroline, Julie, Hortense, Catarine, Eugénie, for the interest which they have continued to feel for me. I pardon Louis for the libel which he published in 1820; it is replete with false assertions and falsified documents.

“8. I disavow the ‘Manuscript of St. Helena,’ and other works, under the title of Maxims, Sayings, &c., which persons have been pleased to publish for the last six years. These are not the rules which have guided my life. I caused the Duc d’Enghien to be arrested and tried, because that step was essential to the safety, interest, and honor of the French people, when the Count d’Artois was maintaining, by his confession, sixty assassins at Paris. Under similar circumstances, I would act in the same way.”

In the second division of the will are thirty-five bequests to Buonaparte’s generals and others who had been associated with him the whole amounting to five million six hundred thousand francs. He says, “These sums will be raised from the six millions which I deposited on leaving Paris in 1815; and from the interest, at the rate of five per cent, since July, 1815.” He further directs that the excess of five million six hundred thousand francs shall be distributed as a gratuity amongst the wounded at the battle of Waterloo, and others of his soldiers; the amounts to be paid, in case of death, to the widows and children of the legatees.

In the third division, he speaks of his “private domain of which no French law can deprive me.” This “private domain,” he estimates to exceed 200,000,000 of francs. This amount, together with his plate, jewels and other property, he bequeaths, one-half to the surviving officers and soldiers of the French army who had fought for the glory and independence of the nation; the distribution to be made in proportion to their appointments in active service. He appoints Counts Montholon, Bertrand and Marchand the executors of his will.

The instrument concludes: “This present will, wholly written with my own hand, is signed, and sealed with my own arms.”

Affixed to this will is a codicil consisting of many parts and numerous items, such as would well befit the great Emperor to possess. The minutest detail is shown in an itemized statement of these articles. Among others, might be mentioned, medals, watches, gold ornaments, spurs, libraries, cravats, daggers, and hundreds of other articles. He directed Marchand to preserve his hair, from which bracelets were to be made, to be sent to the Empress Marie Louise, to his mother, brothers, sisters, nephews, nieces, to the Cardinal, and one of larger size to his son. In this codicil he again expresses the wish that his ashes should repose on the banks of the Seine in the midst of the French people whom he loved so well.

In the fourth codicil, Napoleon gives ten thousand francs to the subaltern officer Cantillon, who had undergone a trial on the charge of having endeavored to assassinate the Duke of Wellington, of which he was pronounced innocent. Napoleon writes, “Cantillon had as much right to assassinate that oligarchist, as the latter had to send me to perish upon the rock of St. Helena.”

In the fifth codicil to the will is a reference to Empress Marie Louise, “my very dear and well beloved spouse.” He adds, “This is my codicil, or act of my last will, the execution of which I recommend to my dearest wife, the Empress Marie Louise.”

There are seven codicils to this will, all written at Longwood, by his own hand, the last being dated the 25th day of April, 1821. Ten days after writing this codicil, he died, May 5, 1821.

Napoleon’s deep affection for his son, François Charles, is evidenced throughout the will by numerous bequests, comprising the greater part of his personal belongings and articles that he most prized.

He also evinced great solicitude for his generals and those who were with him in his many campaigns, which is manifested by the gifts to them, not only in his will, but in several of the codicils thereto.

The instrument, though of the very greatest interest, is too lengthy to be fully set out. The reader is referred to Scott’s “Life of Napoleon Buonaparte” for the details of this famous will. The death of the Duke of Reichstadt, July 22, 1832, only son of the first Napoleon, left Louis Napoleon the representative of his family. He was elected President of France in 1848 and promised to restore its glories. It is said that many of the legacies mentioned in his uncle’s will were paid by him.

Will of Lord Nelson

The battle of Trafalgar was fought October 21, 1805. At daylight Nelson hoisted the signal, “England expects every man to do his duty,” and gave the order to close in and the game of death began. Each side had made a move. Nelson retired to his cabin and wrote the following codicil to his will:

“October 21st, 1805.—In sight of the combined fleets of France and Spain, distance about ten miles. Whereas the eminent services of Emma Hamilton, widow of the Right Honourable Sir William Hamilton, have been of the very greatest service to my king and country, to my knowledge, without ever receiving any reward from either our king or country. First: That she obtained the King of Spain’s letter, in 1796, to his brother, the King of Naples, acquainting him of his intention to declare war against England: from which letter the ministry sent out orders to the then Sir John Jervis to strike a stroke, if the opportunity offered, against either the arsenals of Spain or her fleets. That neither of these was done is not the fault of Lady Hamilton: the opportunity might have been offered.

“Secondly: The British fleet under my command could never have returned the second time in Egypt, had not Lady Hamilton’s influence with the Queen of Naples caused a letter to be written to the Governor of Syracuse, that he was to encourage the fleet being supplied with everything, should they put into any port in Sicily. We put into Syracuse, and received every supply; went to Egypt and destroyed the French fleet. Could I have rewarded these services, I would not now call upon my country; but as that has not been in my power, I leave Emma, Lady Hamilton, therefore, a legacy to my king and country, that they will give her an ample provision to maintain her rank in life.

“I also leave to the beneficence of my country my daughter, Horatia Nelson Thompson; and I desire she will use in future the name of Nelson only.

“These are the only favours I ask of my king and country, at this moment when I am going to fight their battle. May God bless my king, and country, and all those I hold dear!

“Nelson.

“WitnessHenry Blockwood. T. M. Hardy.”

Shortly after, while his ship, the Victory, was grappled with the Redoubtable and chained fast to her, Nelson was struck by a musket ball fired from the yards of the Redoubtable. He called for his trusted captain, Hardy, and said: “They have done for me now, Hardy—my back is broken.” And soon after, he died; but not before adding, “I would like to live one hour, just to know that my plans were right—we must capture or destroy twenty of them.”

There is a splendid monument to Nelson in Trafalgar Square, London, but the English did not respect his wishes with reference to Lady Hamilton. As a matter of fact, she was arrested on a charge of debt and imprisoned, and practically driven out of England, although the sisters of Lord Nelson believed in her and respected her to the last. She died in France in 1813. The daughter, Horatia Nelson, lived until 1881. She was a strong and excellent woman; she married the Reverend Philip Ward, of Teventer, Kent, and raised a family of nine children. One of her sons moved to America and made his mark upon the stage and also in letters.

Will of Florence Nightingale

“Rich in honors,” says the New York World, Florence Nightingale died “leaving the world, which had paid tribute to her as it has to few women, her debtor.” She was known by the various names of “The Lady-in-Chief,” “The Lady with the Lamp,” “The Lady of the Crimea,” in reference to the service she rendered Great Britain and the world on the battle-fields of the Crimean War.

Longfellow wrote of her:

The lamp referred to is the nurse’s lamp with which she used to make her nocturnal rounds of the hospitals when all was silent.

She was born in Florence, Italy, May 12, 1820, of wealthy, English parents, and died at her home in England, August 14, 1910. She was given the name of the place of her birth.

Her will, recently taken from the Records of Somerset House, London, is in the following words:

“I, Florence Nightingale, Spinster, declare this to be my last Will, revoking all wills by me heretofore executed.

“1. I appoint my Cousins, Henry Bonham Carter, Esquire, Samuel Shore Nightingale and Louis Hilary Shore Nightingale, Esquires (sons of my late Cousin, William Shore Nightingale), and Arthur Hugh Clough, Esquire, to be the EXECUTORS of this my Will.

“2. I give my executors all my books, papers (whether manuscripts or printed) and letters relating to my Indian work (together with the two stones for Irrigation maps of India at Mr. Stanford’s, Charing Cross, and also the woodcut blocks for illustrations of those works at Messrs. Spottiswoodes), upon trust, in their absolute discretion or in that of the survivors or survivor of them to publish or prepare for publication such part, if any, as they or the majority of them for the time being may think fit, and I give them a sum of two hundred and fifty pounds for those purposes. And without limiting the exercise of such discretion I should wish my executors to consult my friend, Sir William Wedderburn, in the matter of such publication. And I declare that if my executors, within three years from my death, have taken no, or only partial, steps to publish or before that time have decided not to publish anything, the said sum of two hundred and fifty pounds, or any unexpended part thereof, shall fall into the residue of my estate. And subject to the foregoing, I authorize my executors to destroy all or any of the above mentioned books and papers, stones and blocks or otherwise to dispose of the same as they may think fit.

“3. I bequeath to the children of my late dear friend, Arthur Hugh Clough and his widow, my Cousin, Blanch Mary Shore Clough, the sum of seven thousand pounds to be divided between them in the following proportions:

“To the said Arthur Hugh Clough two thousand pounds;

“To Blanch Athena Clough two thousand five hundred pounds, and to Florence Anne Mary Clough two thousand five hundred pounds. I bequeath to each of them, the said Samuel Shore Nightingale and Louis Hilary Shore Nightingale, the sum of three thousand five hundred pounds. To each of them, Rosalind Frances Mary Nash and Margaret Thyra Barbara Shore Nightingale (daughters of my said late Cousin, William Shore Nightingale) the sum of one thousand five hundred pounds. I bequeath five hundred pounds to the said Henry Bonham Carter as a tiny sign of my gratitude for his wise and unfailing exertions in connection with our Training Schools for Nurses, and also the portraits of Sir Bartle Frere Mohl Hallam Bunsen and the Sidney Herberts. And I also give to him a further legacy of one thousand three hundred pounds for his objects, and to Joanna Frances Bonham Carter a legacy of one hundred pounds. I give to Francis Galton two thousand pounds for certain purposes and I declare that the same shall be paid in priority to all other bequests given by my Will for charitable or other purposes. I give one hundred pounds to Mary Ureth Frederica, the daughter of William Bacheler Coltman and Bertha Elizabeth Shore Coltman, his wife, and fifty pounds to each of their sons, William Hew Coltman and Thomas Lister Coltman. I bequeath three hundred pounds to J. I. Frederick, Esquire, Secretary of the Army Sanitary Commission, three hundred pounds to Sir Douglas Galton of Chester Street, London. I bequeath one hundred pounds each to Mary and Emily, daughters of the late Dr. William Farr of the General Register Office; two hundred and fifty pounds to Mother Stanislaus, Reverend Mother of the Hospital Sisters in Great Ormond Street, for her objects; one hundred pounds to John Croft, Esquire, late Instructor of the Nightingale Training School at St. Thomas’ Hospital, and two hundred and fifty pounds to the Mother Superior at the time of my death of the Devonport Sisters of Mercy. I direct my executors to purchase out of my estate an annuity of sixty pounds on the life of Miss Crossland, late ‘Home Sister’ of the Nightingale Training School at St. Thomas’ Hospital. And also an annuity of thirty pounds on the life of Miss Vincent, now Matron of St. Marylebone Infirmary. And I bequeath to each of those ladies respectively the annuity so purchased on her life absolutely: each annuity to commence from the date of my decease. I bequeath one hundred pounds to Miss Styring, now Matron of Paddington Infirmary; one hundred pounds to Miss Spencer, now Lady Superintendent of Edinburgh Royal Infirmary; one hundred pounds to Madame Caroline Werckner, who nursed the French Prisoners in the Franco-German War at Breslau (now at Lymington); one hundred pounds to the daughters of Margaret, wife of Sir Edmund Verney, in equal shares; one hundred pounds to the daughters of Frederick W. Verney (youngest son of the late Sir Harry Verney) in equal shares; Five hundred pounds to Paulina Irby of Serajevo, Bosnia, for her objects; One hundred and fifty pounds to Peter Grillage (from Balaclava) and Temperance, his wife, whose maiden name was Hatcher, now at Ridgway, Plympton, Devon, to be equally divided between them and in case one of them should predecease me the survivor to take the whole; Fifty pounds toFanny Dowding now McCarthy, formerly in my service; One hundred pounds to Robert Robinson now residing at 101 West Street, Grimsbury, Banbury; One hundred and seventy five pounds to my servant, Elizabeth Mary Coleman, if living with me at the time of my decease, and to Ellen Pearce twenty five pounds under the same condition; One hundred pounds to William Rathbone, Esquire, M.P. as a feeble sign of heartfelt gratitude for his

unbounded goodness to the cause of Trained Nursing and to me; Two hundred and fifty pounds to the said Sir William Wedderburn for certain purposes; One hundred pounds to each of my executors as an acknowledgment of his trouble in executing the provisions of my Will, in addition to any other legacy left to him. I bequeath one hundred pounds to Mr. William Yeomans of Holloway House, with thanks for his kindness to the people of Holloway for me; I leave twenty pounds for a small gold cross or crucifix to be chosen by the said Henry Bonham Carter for Miss Pringle, formerly Matron of St. Thomas’ Hospital.

“4. I give and bequeath the following specific legacies (namely), the jewels from the Queen and the bracelet from the Sultan and the other medals and Orders, together with my engraving of the ground round Sebastopol, to the Managers for the time being of the Reading Room at Herbert Hospital, or at Netley or at Aldershot or at some other place where soldiers may see them, as my executors may in their absolute discretion decide. All my prints, framed or otherwise (except those that I may otherwise dispose of), and including those of the Queen and Prince Albert given me by the Queen at Balmoral, in one thousand eight hundred and fifty six, and of Landseer’s ‘Highland Nurses’ to my executors to be distributed by them amongst the Nightingale Training Schools for Nurses and those connected with us, in such manner in all respects as my executors may in their absolute discretion decide. The framed Michael Angelo photographs, the portfolio of Venice photographs from Mrs. Bracebridge, the two lovely water colour sketches of Embley, and the copy of Turner’s ‘Rock’ by Louisa Elenor Shore Nightingale, my father’s watch and spectacles, the book case in the drawing room given me by the said William Shore Nightingale and Louisa Eleanor, his wife, the portrait of Sir John McNeill, the little Soutari clock and the box (Miss Coape’s) with all the ‘stuff’ in it, i.e. annotated in pencil by Mr. Stuart Mill and Mr. Jowett, with their letters, et cetera, upon it, to the children of the said William Shore Nightingale, living at my death, to be divided amongst them in such manner as they shall agree upon, and in default of agreement as my executors, other than the said Samuel Shore Nightingale and Louis Hilary Shore Nightingale, shall determine. The cutlery given me by the town of Sheffield and any Tallboy or book case or tall stand for papers he may choose to the said Samuel Shore Nightingale. The ‘Colas’ bronze of Sophocles, all copies of the printed three volumes entitled ‘Suggestions for Thought,’ the three volumes of Quetelet given me by Mr. Quetelet with my M. S. papers in the same parcel, and my Dante in three volumes quarto with illustrations, to the said Rosalind Frances Mary Nash. The sketch of the older Parthe to Mrs. Hawthorn, a bookcase or tallboy and the picture of the head of Christ with the Crown of Thorns (Nazarene), in my room, to the said Louis Hilary Shore Nightingale. The Titian ‘Virgin’ with the two sides of Angioletti and the (rare) cast of the Avignon Crucifix to the said Margaret Thyra Barbara Shore Nightingale. To each of them, the said Samuel Shore Nightingale and Louis Hilary Shore Nightingale, Rosalind Frances Mary Nash and Margaret Thyra Barbara Shore Nightingale, such six of my books as they shall select. The picture of Gordon in ‘The last Watch’ to the said Louisa Eleanor Shore Nightingale. The Bible given me by Pleasley to the said Frederick W. Verney. The Michael Angelo Sistine Chapel ceiling, stretched on two screen poles, and my chatelain with the blue seal ring, etc. upon it to the said Bertha Elizabeth Shore Coltman. The desk given me by Lea to Beatrice Lushington during her life, and after her death to the said Louis Hilary Shore Nightingale. The framed ‘Nile’ given me by the said Henry Bonham Carter and the Models of Highgate Infirmary and Chapel made by Patients there to Sibella, the wife of the said Henry Bonham Carter. The prints which belonged to dear Hilary, namely the Correggio ‘Magdalen’ and ‘Christ in the Garden,’ the large Michael Angelo of Isaiah (all framed), also a packet of papers of Hilary’s (in my despatch box) to be divided between Alice Bonham Carter and her sister, Elinor Dicey, or if either of them should die before me, all the said articles to the survivor, but if neither of them should survive me I direct that the said papers shall be burnt. The large framed photograph of her father, Sidney Herbert, given me by his wife, to Mary Herbert, now Baroness Hugel. The large framed Madonna di San Sisto (with a little secret between us about Gwendolen’s likeness) to Maude, wife of the said Frederick W. Verney; such of my blue books, War Office, India and Statistical and Hospital Reports and Books as he shall choose to the said J. J. Frederick, and the remainder of them to the said Sir Douglas. The volume of Prince Albert’s speeches given me by the Queen, with her autograph in the book, to the said Henry Bonham Carter. The life of the Prince Consort given me by the Queen, with her autograph in it, and the Athens photograph book given me by Emily Verney to the said Margaret Verney. The Illustrated New Testament and Prayer Book to my two little Goddaughters, Ruth, child of the said Margaret Verney, and Kathleen, child of the said Frederick W. Verney. The Roman Catholic books in English or French, some of which were given me by the Reverend Mother Clare of Bermondsey, who died in one thousand eight hundred and seventy four, to the said Mother Stanislaus; my Schiller to Miss Shalders, formerly Governess to the children of Mrs. Frederick Verney, and to Blanch Mary Shore Clough some article to be selected by her out of my personal chattels, not subject to other destinations.

“5. I give and bequeath all my remaining books, clothes, furniture, trinkets and personal chattels to my executors, requesting them thereout to give some remembrance of me to their children and to the children of my deceased friend, the said Arthur Hugh Clough the elder, and Blanch Shore Clough, his widow; the children of the said Bertha Elizabeth Shore Coltman, of the said Sir Edmund Verney, of the said Frederick W. Verney, of George Lloyd Verney and of Henry Bonham Carter and Sibella, his wife; to the widow of the said George Lloyd Verney and to Mr. Burton of Lea School. To my beloved and reverend friends, Mr. Charles H. Bracebridge and his wife, my more than mother, without whom Scutari and my life could not have been and to whom nothing that I could ever say or do would in the least express my thankfulness, I should have left some token of my remembrance had they, as I expected, survived me. I further request my executors to distribute the whole of the remainder of the said articles, including the useful furniture and books, amongst the Matrons Home Sisters, Ward Sisters, Nurses and Probationers trained by us for whom they know me to have a regard, particularly remembering the hospital of St. Thomas and of Edinburgh and the Infirmaries of St. Marylebone and Paddington, and including the successor of Miss Jones, formerly Superior of St. John’s, now at 30 Kensington Square. And I declare that the gifts hereinbefore directed or authorized to be made by my executors out of the articles aforesaid shall be entirely in the uncontrolled discretion of my executors, both as to selection of the gifts and of the donees, other than those mentioned by name.

“6. I request that all my letters, papers and manuscripts (with the exception of the papers relating to India and the other exceptions hereinbefore contained) may be destroyed without examination; also that the pencil notes in the pages of any religious books may be destroyed with the books, and I appeal to the love and feeling of my cherished friends and executors and earnestly entreat of them entirely to fulfil these my last wishes.

“7. I declare that every legacy hereinbefore given to a legatee for his (or her) objects, or for certain purposes, shall be considered in law as an absolute gift to such legatee and that every powder of appropriation, user or application, hereinbefore contained shall be exercisible by the legatee on whom the same is conferred without any liability to account for its exercise.

“8. I direct that all legacies, annuities and bequests given by this my Will or any Codicil thereto, whether pecuniary or specific, shall be free from duty, which shall be paid out of my residuary personal estate.

“9. In case any of the children of the said Arthur Hugh Clough, the father, or of the said William Shore Nightingale shall die in my lifetime, then I give and bequeath the legacy, or legacies (specific or pecuniary) hereinbefore given to such child, to his or her children (if any) who shall be living at my death and if more than one in equal shares.