Chapter VII · WILLS OF FAMOUS AMERICANS (continued 4)

“Item. I give and bequeath in perpetuity the Fifty Shares which I hold in the Potomac Company (under the aforesaid acts of the legislature of Virginia) towards the endowment of a University to be established within the limits of the District of Columbia, under the auspices of the general government, if that government should incline to extend a fostering hand towards it.

“Item. The hundred Shares which I hold in the James River Company, I have given, and now confirm in perpetuity, to and for the use and benefit of Liberty Hall Academy, in the county of Rockbridge, in the Commonwealth of Virginia.

“Item. I release, exonerate and discharge the estate of my deceased Brother, Samuel Washington, from the payment of the money which is due to me for the land I sold to Philip Pendleton (lying in the county of Berkeley) who assigned the same to him, the said Samuel, who, by agreement, was to pay me therefor: And Whereas, by some contract (the purport of which was never communicated to me) between the said Samuel and his Son, Thornton Washington, the latter became possessed of the aforesaid land, without any conveyance having passed from me, either to the said Pendleton, the said Samuel, or the said Thornton, and without any consideration having been made, by which neglect neither the legal nor equitable title has been alienated; it rests therefore with me to declare my intentions concerning the premises; and these are to give and bequeath the said land to whomsoever the said Thornton Washington (who is also dead) devised the same, or to his heirs forever, if he died intestate; exonerating the estate of the said Thornton, equally with that of the said Samuel, from payment of the purchase money, which, with interest, agreeably to the original contract with the said Pendleton, would amount to more than a thousand pounds; And Whereas two other Sons of my deceased Brother, Samuel, namely, George Steptoe Washington, and Lawrence Augustine Washington, were by the decease of those, to whose care they were committed, brought under my protection, and in consequence have occasioned advances on my part for their education at College and other schools, for their board, clothing, and other incidental expenses, to the amount of near five thousand dollars over and above the sums furnished by their estate, which sum it may be inconvenient for them or their father’s estate to refund—I do, for these reasons, acquit them and the said estate from the payment thereof—my intention being that all accounts between them and me, and their father’s estate and me, shall stand balanced.

“Item. To my Nephew, Bushrod Washington, I give and bequeath all the Papers in my possession, which relate to my civil and military administration of the affairs of this country—I leave to him also, such of my private Papers as are worth preserving; and at the decease of my Wife, and before, if she is not inclined to retain them, I give and bequeath my Library of Books and Pamphlets of every kind.

“Item. To the Earl of Beuban I recommit ‘the Box made of the Oak that sheltered the great Sir William Wallace after the Battle of Falkirk’—presented to me by his Lordship, in terms too flattering for me to repeat, with a request ‘to pass it, on the event of my decease, to the man in my country, who should appear to merit it best, upon the same conditions that have induced him to send it to me.’ Whether easy or not, to select the Man who might comport with his Lordship’s opinion in this respect, is not for me to say; but conceiving that no disposition of this valuable curiosity can be more eligible than the recommitment of it to his own cabinet, agreeably to the original design of the Goldsmiths’ Company of Edinburg, who presented it to him, and, at his request, consented that it should be transferred to me—I do give and bequeath the same to his Lordship; and, in case of his decease, to his heir, with my grateful thanks for the distinguished honour of presenting it to me, and more especially for the favorable sentiments with which he accompanied it.

“Item. To my Brother, Charles Washington, I give and bequeath the Gold headed Cane left me by Dr. Franklin, in his will. I add nothing to it, because of the ample provision I have made for his issue. To the acquaintances and friends of my juvenile years, Lawrence Washington and Robert Washington, of Chotanck, I give my other two Gold headed Canes, having my arms engraved on them; and to each (as they will be useful where they live) I leave one of the Spyglasses, which constituted part of my equipage, during the late war. To my Compatriot in arms and old and intimate Friend, Dr. Craik, I give my Bureau (or, as the Cabinet Makers call it, Tambour Secretary) and the circular Chair, an appendage of my Study. To Dr. David Stuart I give my Large Shaving and Dressing Table, and my Telescope. To the Reverend, now Bryan Lord Fairfax, I give a Bible, in three large folio volumes, with notes,—presented to me by the Rt. Rev. Thomas Wilson, Bishop of Sodor and Man. To General De la Fayette I give a Pair of finely wrought Steel Pistols, taken from the enemy in the revolutionary war. To my Sisters-in-Law, Hannah Washington and Mildred Washington—to my friends Eleanor Stuart, Hannah Washington, of Fairfield, and Elizabeth Washington of Hayfield, I give, each, a Mourning Ring, of the value of one hundred Dollars. These bequests are not made for the intrinsic value of them, but as mementos of my esteem and regard. To Tobias Lear I give the use of the farm which he now holds, in virtue of a lease from me to him and his deceased wife (for and during their natural lives) free from rent during his life; at the expiration of which, it is to be disposed of as is herein after directed. To Sally B. Haynie (a distant relation of mine) I give and bequeath three hundred Dollars. To Sarah Green, daughter of the deceased Thomas Bishop, and to Ann Walker, daughter of John Alton, also deceased, I give each one hundred Dollars, in consideration of the attachment of their fathers to me; each of whom having lived nearly forty years in my family. To each of my Nephews, William Augustine Washington, George Lewis, George Steptoe Washington, Bushrod Washington, and Samuel Washington, I give one of the swords or Cutteaux of which I may die possessed; and they are to choose in the order they are named.—These swords are accompanied with an injunction not to unsheath them for the purpose of shedding blood, except it be for self-defence, or in defence of their country and its rights; and in the latter case, to keep them unsheathed, and prefer falling with them in their hands to the Relinquishment thereof.

“And Now, having gone through these specific Devises, with explanations for the more correct understanding of the meaning and design of them, I proceed to the distribution of the more important parts of my Estate, in manner following:

“First. To my Nephew, Bushrod Washington, and his heirs (partly in consideration of an intimation to his deceased Father, while we were Bachelors, and he had kindly undertaken to superintend my estate during my military services in the former war between Great Britain and France) that if I should fall therein, Mount Vernon (then less extensive in domain than at present) should become his property. I give and bequeath all that part thereof, which is comprehended within the following limits, Viz:—

“Fifth.—All the rest and residue of my estate, real and personal, not disposed of in manner aforesaid, in whatsoever consisting,—wheresoever lying—and whensoever found—a Schedule of which as far as is recollected, with a reasonable estimate of its value, is hereunto annexed—I desire may be sold by my Executors at such times—in such manner, and on such credits (if an equal, valid, and satisfactory distribution of the specific property cannot be made without) as in their judgment shall be most conducive to the interest of the parties concerned, and the monies arising therefrom to be divided into twenty-three equal parts, and applied as follows:” (Here follows the list of beneficiaries and description of property); “and by way of advice I recommend it to my Executors not to be precipitate in disposing of the landed property (herein directed to be sold) if from temporary causes the sale thereof would be dull; experience having fully evinced that the price of land (especially above the falls of the rivers and on the western waters) have been progressively rising and cannot be long checked in its encreasing value.

“The Family Vault at Mount Vernon, requiring repairs, and being improperly situated besides, I desire that a new one of brick, and upon a larger scale, may be built at the foot of what is commonly called the Vineyard Inclosure, on the ground which is marked out—In which my Remains, with those of my deceased Relations (now in the old Vault) and such others of my Family as may chuse to be entombed there, may be deposited. And it is my express desire, that my Corpse may be interred in a private manner, without parade or funeral Oration.

“Lastly, I constitute and appoint my dearly beloved Wife Martha Washington, my Nephews William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel Washington, and Lawrence Lewis, and my Ward George Washington Parke Custis (when he shall have arrived at the age of Twenty Years) Executrix and Executors of this Will and Testament—In the construction of which, it will readily be perceived that no professional character has been consulted, or has had any agency in the draught, and that although it has occupied many of my leisure hours to digest, and to throw it into its present form, it may, notwithstanding, appear crude and incorrect—but having endeavored to be plain and explicit in all the devises, even at the expence of prolixity, perhaps of tautology, I hope and trust that no disputes will arise concerning them; but if, contrary to expectation, the case should be otherwise from the want of legal expression, or the usual technical terms, or because too much or too little has been said on any of the devises to be consonant with law, my Will and Direction expressly is, that all disputes (if unhappily any should arise) shall be decided by three impartial and intelligent men, known for their probity and good understanding—two to be chosen by the disputants, each having the choice of one, and the third by those two—which three men thus chosen shall, unfettered by law or legal constructions, declare their sense of the Testator’s intentions; and such decision is, to all intents and purposes, to be as binding on the parties as if it had been given in the Supreme Court of the United States.

“In Witness of all, and of each of the things herein contained, I have set my Hand and Seal, this Ninth Day of July, in the Year One Thousand, Seven Hundred and Ninety —— [1] and of the Independence of the United States the Twenty-Fourth.

“George Washington.”

Will of Mary Washington

Mary Washington, mother of George Washington, died August 25, 1789. Her will, registered in the clerk’s office at Fredericksburg, Virginia, is a peculiarly interesting document, and is here given in full.

“In the name of God, Amen, I, Mary Washington, of Fredericksburg, in the County of Spotsylvania, being in good health, but calling to mind the uncertainty of this life, and willing to dispose of what remains of my worldly estate, do make and publish this, my last will, recommending my soul into the hands of my Creator, hoping for a remission of all my sins through the merits and mediation of Jesus Christ, the Saviour of mankind; I dispose of my worldly estate as follows:—

“Imprimis—I give to my son, General George Washington, all my land in Accokeek Run, in the County of Stafford, and also my negro boy George, to him and his heirs forever. Also my best bed, bedstead, and Virginia cloth curtains (the same that stands in my best bedroom) my quilted blue and white quilt and my best dressing glass.

“Item—I give and devise to my son, Charles Washington, my negro man Tom, to him and his assigns forever.

“Item—I give and devise to my daughter, Bettie Lewis, my phaeton and my bay horse.

“Item—I give and devise to my daughter-in-law, Hannah Washington, my purple cloth cloak lined with shag.

“Item—I give and devise to my grandson, Corbin Washington, my negro wench old Bet, my riding chair, and two black horses, to him and his assigns forever.

“Item—I give and devise to my grandson, Fielding Lewis, my negro man, Frederick, to him and his assigns forever, also eight silver tablespoons, half of my crockery ware and the blue and white tea china, with book case, oval table, one bedstead, one pair sheets, one pair blankets and white cotton counterpain, two table cloths, six red leather chairs, half my peuter and one-half of my kitchen furniture.

“Item—I give and devise to my grandson, Lawrence Lewis, my negro wench Lydia, to him and his assigns forever.

“Item—I give and devise to my granddaughter, Bettie Carter, my negro woman, little Bet, and her future increase, to her and her assigns forever. Also my largest looking glass, my walnut writing desk and drawers, a square dining table, one bed, bedstead, bolster, one pillow, one blanket and pair sheets, white Virginia cloth counterpains and purple curtains, my red and white tea china, teaspoons, and the other half of my peuter and crockery ware, and the remainder of my iron kitchen furniture.

“Item—I give and devise to my grandson, George Washington, my next best glass, one bed, bedstead, bolster, one pillow, one pair sheets, one blanket and counterpain.

“Item—I devise all my wearing apparel to be equally divided between my granddaughters, Bettie Carter, Fannie Ball, and Milly Washington, but should my daughter, Bettie Lewis, fancy any one, two or three articles, she is to have them before a division thereof.

“Lastly, I nominate and appoint my said son, General George Washington executor of this, my Will, and as I owe few or no debts, I direct my executor to give no security or appraise my estate, but desire the same may be allotted to my devisees, with as little trouble and delay as may be desiring their acceptance thereof as all the token I now have to give them of my love for them.

“In witness thereof, I have hereunto set my hand and seal the 20th day of May, 1788.

“Mary Washington.”

Will of Daniel Webster

Daniel Webster died October 24, 1852. His will is a lengthy document, and its chief features are here set out:

“In the name of Almighty God! I, Daniel Webster of Marshfield in the County of Plymouth and Commonwealth of Massachusetts, Esquire, now being confined at my house with a serious illness which, considering my time of life, is undoubtedly critical, but being nevertheless in the full possession of all my mental faculties, do make and publish this my last will and testament.

“I commit my soul into the hands of my heavenly Father, trusting in his infinite goodness and mercy.

“I direct that my mortal remains be buried in the family vault at Marshfield, where monuments are already erected to my deceased children and their mother. Two places are marked for other monuments, of exactly the same size and form. One of these, in proper time, is to be for me, and perhaps I may leave an epitaph. The other is for Mrs. Webster. Her ancestors and all her deceased kindred lie in a far distant city. My hope is, that after many years, she may come to my side, and join me and others whom God hath given me. I wish to be buried without the least show or ostentation, but in a manner respectful to my neighbors, whose kindness has contributed so much to the happiness of me and mine, and for whose prosperity I offer sincere prayers to God.

“Concerning my worldly estate, my will must be anomalous and out of the common form, on account of the state of my affairs. I have two large real estates. By marriage settlement, Mrs. Webster is entitled to a life estate in each, and after her death they belong to my heirs. On the Franklin estate, so far as I know, there is no encumbrance except Mrs. Webster’s life-estate. On Marshfield, Mr. Samuel Frothingham has an unpaid balance of a mortgage, now amounting to twenty five hundred dollars. My great and leading wish is, to preserve Marshfield, if I can, in the blood and name of my own family. To this end, it must go in the first place to my son, Fletcher Webster, who is hereafter to be the immediate prop of my house, and the general representative of my name and character.”

Then follow certain suggestions with reference to trustees, by which they are given the right to dispose of the estate as exigencies may require. Mrs. Webster, by marriage settlement, was entitled to a life-estate in certain valuable real estate owned by the testator, and he indicated his desire that this life-estate should be purchased as being the best means to provide for her welfare. He then appointed his wife, Caroline LeRoy Webster, his son, Fletcher Webster, and R. M. Blatchford of New York, to be his executors. He then named James W. Paige, Franklin Haven of Boston, and Edward Curtis of New York, Trustees of all the real estate in the town of Marshfield, in the State of Massachusetts, and the town of Franklin in the State of New Hampshire, being his two principal estates, upon certain trusts: First, to pay to his wife, Caroline LeRoy Webster, the estimated value of her life interest: Secondly, to pay to said wife from the rents, profits and income of said two estates, the sum of five hundred dollars per annum during her natural life, and so much of the revenue not needed for the purposes aforesaid for the use of his son, Fletcher Webster, during his natural life; and after the decease of said son, to convey the same in fee to such of his male descendants as a majority of said Trustees might elect. He expressed the desire that his grandson, Ashburton Webster, take one, and his grandson, Daniel Webster, Jr., take the other of said estates.

He directed that his wife, Caroline LeRoy Webster, should have the right, at all times during her life, to reside in the mansion he had at Marshfield.

Unto his Executors, he gave all the books, plate, pictures, statuary, furniture and other personal property in the mansion at Marshfield, except such articles as were given to others in a latter portion of his will, in trust, to preserve the same in the mansion house for the use of his son, Fletcher Webster, during his natural life, and after his death, to make over and deliver the same to the person who would then become owner of the estate of Marshfield; the testator expressing his intention that they remain attached to the house while it was occupied by any of his name and blood.

Unto his son, Fletcher Webster, he gave all his law books, wherever situated, for his own use. To his son-in-law, Samuel A. Appleton, he gave his California watch and chain. The picture of himself by Healy he gave to his granddaughter, Caroline LeRoy Appleton. His gold snuff-box with the head of General Washington, together with all his fishing-tackle and his Selden and Wilmot guns, he gave to his grandson, Samuel Appleton; to his grandson, Daniel Webster Appleton, his Washington medals; to his granddaughter, Julia Webster Appleton, he gave a clock presented to her grandmother by the Honorable George Blake.

An item of general interest in the will is as follows:

“I appoint Edward Everett, George Ticknor, Cornelius Conway Felton, and George Ticknor Curtis, to be my literary executors; and I direct my son, Fletcher Webster to seal up all my letters, manuscripts and papers, and at a proper time to select those relating to my personal history and my professional and public life, which in his judgment should be placed at their disposal, and to transfer the same to them, to be used by them in such manner as they may think fit. They may receive valuable aid from my friend George J. Abbot Esq. now of the State Department.”

The following provisions conclude the document:

“Item. My servant William Johnson is a freeman. I bought his freedom not long ago for six hundred dollars. No demand is to be made upon him for any portion of this sum, but so long as is agreeable, I hope he will remain with the family.”

“Item. Monicha McCarty, Sarah Smith and Ann Bean, colored persons now also, and for a long time in my service, are all free. They are very well deserving, and whoever comes after me must be kind to them.”

“Item. I request that my executors and trustees be not required to give bonds for the performance of their respective duties under this will.”

Will of John G. Whittier

The poet Whittier died September 7, 1892.

Omitting pecuniary legacies to various friends and relatives, amounting to $40,000, his Will is in the following words:

“Know all men by these Presents, That I, John G. Whittier of Amesbury in the County of Essex and Commonwealth of Massachusetts, being of sound mind and memory, but in enfeebled bodily health, do make this my last will and testament, hereby revoking any and all former wills by me before made.

“After the payment of all my just debts and funeral charges I give, bequeath and devise as follows:

“1st. I give, bequeath and devise to my niece Lizzie W. Pickard my homestead place in Amesbury, with all the books, pictures and furniture therein. I also give, bequeath and devise to my said niece my dwelling house known as the ‘Gove Place’ on the corner of Friend and Pleasant Streets in said Amesbury. I also give and bequeath to my said niece Fifteen Thousand dollars....”

“9th. I give and bequeath to the Haverhill City Hospital One thousand dollars....”

“14th. I give and bequeath to Caroline Johnson, Mary Johnson and Abby J. Woodman, my furniture, books and pictures at Oak Knoll, Danvers, not otherwise disposed of, to be equally divided among them. I also give and bequeath to each of them Five Hundred dollars....”

“18th. I give and bequeath to Lucy Larcom, Five hundred dollars; also the copyright of ‘Child Life,’ ‘Child Life in Prose’ and ‘Songs of Three Centuries.’....”

“22nd. I give and bequeath to my niece Lizzie W. Pickard before named, the Portrait of myself by Hoyt, at Oak Knoll, Danvers.

“23rd. I give and bequeath to Sarah O. Jewett of So. Berwick, Lanman’s picture of the Sea and its marshes at the mouth of the Merrimac River, also at Oak Knoll, Danvers.

“24th. I give and bequeath to Annie Fields the Picture of Venice, also at Oak Knoll, Danvers.

“25th. I give and bequeath to the American Peace Society, Five hundred dollars.

“26th. I give and bequeath to the Amesbury Charitable Society, Five hundred dollars.

“27th. I give and bequeath to the Friends in Amesbury, Two hundred dollars, for the care of their burial ground....”

“29th. The copyrights of my writings, with the exception of those given as aforesaid to Lucy Larcom, I place in the hands of my Executors, whom I hereby constitute and appoint as Trustees of the same; the income of which (as stipulated in an agreement with my publishers, Houghton, Mifflin & Co., dated August 12, 1883, to continue until ten years from that date) I hereby direct them to pay annually to Lizzie W. Pickard, Alice G. Berry, Charles F. Whittier, Louis H. Caldwell, Phebe J. Woodman and Addie P. Cammett, in the ratio and proportion of the cash legacies made to the above named persons in this Instrument: Nevertheless if in the judgment of my said Executors and Trustees it is deemed advisable, they are at liberty to dispose of said copyrights and divide the proceeds among the above named persons, in the proportion above named.

“30th. I give, bequeath and devise one half of the rest and residue of my estate, be it real, personal, or mixed, to Lizzie W. Pickard, Alice G. Berry, Charles F. Whittier, Louis H. Caldwell, Phebe J. Woodman, Addie P. Cammett and Adelaide G. Caldwell in the same ratio and proportion as mentioned in item 29th.

“31st. I give, bequeath and devise the remaining one half of the rest and residue of my estate, be it real, personal or mixed, in equal shares, to the Amesbury and Salisbury Home for Aged Women, The Anna Jaques Hospital in the City of Newburyport and the Normal and Agricultural Institute for Colored and Indian Pupils at Hampton, Va.

“32nd. I entrust my manuscripts, letters and papers to Samuel T. Pickard of Portland, Me., and request all who have letters of mine to refrain from publishing them, unless with his consent. It is my wish that my funeral may be conducted in the plain and quiet way of the Society of Friends with which I am connected, not only by birthright, but also by a settled conviction of the truth of its principles, and the importance of its testimonies.

“33rd. I hereby constitute and appoint George F. Bagley and George W. Cate both of Amesbury as Executors and Trustees of this my last Will and testament, and hereby request that they may be exempt from giving any surety or sureties on their bond as Executors or Trustees.

“In testimony whereof I hereunto set my hand, and in the presence of the three witnesses named below, declare this to be my last will and testament this eleventh day of February, in the year of our Lord one thousand eight hundred and ninety.

“John G. Whittier.”

Will of Mary Chilton Winslow

In the files of Suffolk County Registry of Probate at Boston, there are still preserved a number of wills of members of the Plymouth Colony, of Mayflower fame, which are both quaint and interesting. Among these is the original will of Mary Chilton Winslow, together with a bond of the administrators, signed by her son, John Winslow, and son-in-law, Richard Middlecott.

This will is written on one side of a sheet of paper, a little over eighteen by fourteen inches in size, and is in excellent condition, except in some of the creases made by folding. The instrument is dated July 31, 1676. It recites:

“I, Mary Winslow of Boston in New England Widdow being weake of Body but of Sound and perfect memory praysed be almighty God for the same Knowing the uncertainety of this present life and being desirous to settle that outward Estate the Lord hath Lent me. I doe make this my last Will and Testam^t in manner and forme following:”

The bequests are very numerous: she gives to her son, John Winslow, her “great Square table.” Unto her daughter, Sarah Middlecott, her “Best gowne and Pettecoat” and her “Silver beare bowle,” and to each of her children, “a Silver Cup with a handle.” Unto her daughter, Susanna Latham, one “long Table and one great Cupboard”; and unto her grandchild, Susanna Latham, one “Pette Coat with the silke Lace.” To Mary Winslow, daughter of her “sone,” Joseph Winslow, the “sume of twenty pounds in money to be paid unto said Mary when she attains the age of eighteen years or day of Marriage which of them should first happen.” Unto “Thomas Thacher paster of the third Church in Boston,” the sum of five pounds was given. The inventory attached to this will is an exceedingly interesting document, dealing as it does with the articles of dress and household use of those days.

Will of Brigham Young

It does not fall to the lot of many men to make such a testamentary disposition as that of Brigham Young. He died on August 29, 1877.

He provided for the payment of his debts and the current expenses of his numerous families: the bulk of his fortune of the estimated value of Two Million Five Hundred Thousand Dollars, was left in trust for his families; the trustees being George Q. Cannon, Brigham Young, Jr., and Albert Carrington.

His families were divided into classes, each class being represented by a wife and children, or a wife without children, or the children of a deceased wife. There were nineteen classes in all. At the time of his death, his living wives numbered eighteen, and there were three deceased: he was also “sealed” to a number of other women, in accordance with the ritual of the Mormon Church. The authorities vary as to the number of these spiritual wives. However, no mention is made of them in the will. He had forty-eight children, including an adopted child.

The estate was divided into nineteen parts, as stated; upon the death of the mother, the children taking the mother’s share, which was to be held in trust until they became of age, respectively.

Though Mr. Young is said to have given largely to charities during his life, no such bequests are included in his will.