Note {64} — XI

According to A. B. Goldenweiser, Tolstoy, perhaps having reason to think that his will with regard to his works would not be carried out, decided to make a will which would be binding legally as well as morally. On 17 September, 1909, the will was drawn at Krekshino, and on the 18 it was signed by Tolstoy. By this will all his works, written after 1 January, 1881, both published and unpublished, became public property. Consequently the will meant that all works written and published before that date remained the property of the family. On 18 September on their return from Moscow, Alexandra L. Tolstoy went to see the lawyer N. K. Muravev and showed him the will. Muravev said that from a legal point of view the will was quite invalid, since according to law you could not leave property to "nobody," and he promised to draw up and send to Yasnaya Polyana the rough draft of a will. Two or three consultations took place at Muravev's house, at which there were present V. G. Chertkov, A. B. Goldenweiser, and F. A. Strakhov. Several drafts of the will were made which it was decided to take to Tolstoy in order that "he might read them and choose one of them, or reject them all, if he found that they did not meet his wishes." On 26 October Strakhov left for Yasnaya Polyana with the drafts. When he returned, he said that "Tolstoy expressed the firm resolution to leave as public property, not only the works written after 1881, as was originally proposed, but generally everything written by him," a resolution completely new, and unexpected by those who had taken part in the consultations. In accordance with Tolstoy's new decision, Muravev drew up another will by which everything written by Tolstoy, "wherever found and in whosesoever possession," was transferred to the full ownership of Alexandra L. Tolstoy. This will was taken to Yasnaya Polyana, copied in Tolstoy's own hand, and signed by him on 1 November, 1909. This is Goldenweiser's account of the two wills in his diary. We see from this story that Tolstoy himself decided to make a formal will, and he himself, to his friends' surprise, radically changed the first will regarding his works written and published before 1881. But the reader is confronted with a series of puzzling questions: How did Tolstoy make up his mind to have recourse to the protection of the law, which he denied with his whole soul? What caused him to alter so quickly and resolutely his intention with regard to the disposal of works written by him before 1881? Why were "two or three" consultations with an experienced lawyer necessary, if the friends had the simple task of drawing up in correct and legal form Tolstoy's clearly expressed intention with regard to his works? Goldenweiser provides no answer to these questions.