ANCIENT, CURIOUS AND FAMOUS
WILLS

“A truce to jesting; let me have a confessor
to confess me, and a notary to make my will."

ANCIENT
CURIOUS AND FAMOUS
WILLS

BY
VIRGIL M. HARRIS
MEMBER OF THE SAINT LOUIS BAR, LECTURER ON WILLS IN THE
SAINT LOUIS UNIVERSITY INSTITUTE OF LAW, TRUST OFFICER
OF THE MERCANTILE TRUST COMPANY OF SAINT LOUIS,
MISSOURI, AND AUTHOR OF “THE TRUST COMPANY
OF TO-DAY,” ETC.

“The boast of heraldry, the pomp of power,
And all that beauty, all that wealth e’er gave,
Await alike the inevitable hour:
The paths of glory lead but to the grave.”

BOSTON
LITTLE, BROWN, AND COMPANY
1911
Copyright, 1911,
By Little, Brown, and Company.
All rights reserved.
Printed by C. H. Simonds &. Co.
Boston, U. S. A.
TO THE LATE
HONORABLE JACOB KLEIN
OF
SAINT LOUIS, MISSOURI
WHOSE LONG AND USEFUL CAREER AT THE BAR
AND WHOSE STERLING CHARACTER, LEARNING AND WISDOM
ENTITLE HIS NAME TO A PLACE IN THE GALAXY
OF GREAT AMERICAN LAWYERS
THIS BOOK
IS AFFECTIONATELY INSCRIBED

PREFACE

“Let’s choose executors, and talk of wills;
And yet not so,—for what can we bequeath,
Save our deposed bodies to the ground?”

An addition to the fifteen millions of books of which the world is now possessed demands an explanation, if not an apology.

In my experience as a lecturer on the Law of Wills, and in the practical administration of estates controlled by wills, in which I have been engaged for many years, it has been a subject of surprise to me that no one in America has seriously undertaken the collection of curious and famous wills. It has occurred to me that I might discharge the duty which every lawyer owes to his profession by making such a collection. The subject is very comprehensive, and the material required has been obtained, in most instances, from the original records of Probate and Court Registers in various parts of the world, by exhaustive research in libraries at home and abroad, and by reference to magazine and newspaper files.

It has been my effort to select from this collection the wills which appeared most interesting and entertaining. I recognize quite fully the wisdom of Lord Coke’s remark, that

“Wills, and the construction of them, do more perplex a man than any other learning; and to make a certain construction of them exceedeth jurisprudentum artem.”

Perplexity has likewise beset me in an attempt to classify the wills in this work and place them under convenient and appropriate headings.

It must not be forgotten that while all men may make wills, and should do so, yet all men have not done so. It is a remarkable trait in human character that wills are for the most part postponed, and that many men of wealth and distinction die without them. So great a man as Abraham Lincoln left no will, though he had a considerable estate. General Grant also died intestate, but his estate was small. It is to be regretted that men fail to perform the duty of making their wills, as history and experience demonstrate that this neglect has often resulted in a disastrous train of consequences.

The subject of Wills is not so prosaic as might be supposed; in fact, there are few subjects of more general interest. Wills reflect, as a mirror, the customs and habits of the times when written, as well as the characters of the writers.

Our earthly possessions are, after all, but life-holdings, and the grace with which we part with them at the end of life’s journey shows the heart in its least disguised form. The moment of will-writing is a solemn one. The insight we get into the character of the testator is genuine and unvarnished. Property does not always bring with it comfort and happiness, and those who have to deal with wills find that it is frequently as difficult to dispose of one’s possessions as it is to acquire them.

In this work, it has been deemed inadvisable to cite many authorities. The author has experienced too much embarrassment in his researches to ask others to follow in his footsteps. The wills found in these pages have been conscientiously copied and compared; in many cases, they have been obtained in places not easily accessible to the average reader. A number of wills set forth have been abridged, where found to be too voluminous in their entirety; and, in some instances, parts which were not of general interest have been omitted.

The wills have not been created by the author, but have been taken from trustworthy sources; some of them have appeared in English works, but very few in American publications.

I desire to acknowledge my obligations for material assistance, particularly to the late Hon. Jacob Klein of Saint Louis, Mr. John Marshall Gest of Philadelphia, Mr. Daniel Remsen of New York, Messrs. Harper & Brothers of New York, the Editors of the “Green Bag” of Boston and other legal publications, and to the valuable works of Mr. Proffatt, Mr. Tegg, Julia Clara Byrne, Mr. Nicholas and Mr. Nichols.

VIRGIL M. HARRIS.

Saint Louis, Missouri,
March 1, 1911.

CONTENTS

INTRODUCTION

“The Moving Finger writes; and, having writ,
Moves on: nor all your Piety nor Wit
Shall lure it back to cancel half a Line,
Nor all your Tears wash out a Word of it.”

The history of wills and their study, as reflecting the character of the makers, and in throwing, as they do, a strong light on the customs and manners of the times in which they were written, are subjects profoundly interesting both to the lawyer and to the layman.

Lord Rosebery, in an address on the character of Byron, said:

“I will go a step further, and affirm that we have something to be grateful for even in the weaknesses of men.... We grope blindly along the catacombs of the world, we climb the dark ladder of life, we feel our way to futurity, but we can scarcely see an inch around or before us; we stumble and falter and fall, our hands and knees are bruised and sore, and we look up for light and guidance.... And, at the end, man is reaped—the product, not of good alone, but of evil; not of joy alone, but of sorrow—perhaps mellowed and ripened, perhaps stricken and withered and sour. How, then, shall we judge any one?”

Can we not judge a man by his will? Does not such an instrument reflect his character, his nature, and his eccentricities? A writer on the subject of Wills says:

“So surely as the berry indicates the soundness of the root, the flower of the bulb, so does man’s last will tell of the goodness or foulness of the heart which conceived it. The cankered root sends up only a sickly germ, which brings forth no fruit in due season; whilst the wine that maketh glad the heart of man, the oil which maketh him a cheerful countenance, and the bread that strengthens his heart, have burst from roots which mildew has never marred, nor worm fretted.”

Testamentary dispositions of property in some form are of very ancient origin; even in the Biblical period we find the statement in Genesis to the effect that Jacob gave to Joseph a portion above his brethren. Solon is said to have introduced wills into Greece, and there is good reason to believe that wills were known in Egypt ages before they were used in Europe. Charles Dufresne Du Cange, a most learned philological writer who died at Paris in 1688, mentions wills written on bark or wood in the seventh century. There are historians who gravely and learnedly assert that Adam made a will; that Noah also left one; and that Job likewise made testamentary disposition of his all. Roman wills were sealed, after they had been securely fastened and other precautions taken against forgery: the poet Horace explains how wills were drawn and secured, and Cicero also refers to the same subject. Anglo-Saxon wills were made in triplicate, and consigned to separate custodians. Tacitus records that wills were not recognized by the ancient Germans. In France, at an early date, the clergy were intrusted with the duty of looking after wills and the disposition of property under them. In England, wills were known before the Conquest, though subsequently, for a time, their use was forbidden by law.

The works of Barnabé Brisson, published in 1583 at Paris, are excellent sources for information on the subject of ancient wills. In fact, both in England and in France, authors of the highest learning and ability have done much for history and literature in the matter of collecting wills, ancient and modern.

Our form of testamentary disposition comes to us from the Roman law. In the present age, both in England and in the United States, a full and absolute disposition of property is permitted, subject to certain conditions, which are hereinafter noticed. That this general right to dispose of earthly possessions is exercised with many strange vagaries, and for objects showing many eccentricities, yet withal, in most cases, with much benevolence and generosity of nature, the following pages will fully attest. The disposition of property by will does not show that the good men do is “oft interred with their bones,” but rather that the world has yet a good conscience in benefactions, and that humanity broadens and grows kindlier with the years. It may be observed that the mean and hateful traits of human nature are more frequently shown by heirs and legatees than by testators. It is true that the “ruling passion strong in death” shows itself in wills, and many testators evince a strong desire to take with them to the next world the substance collected in their dusty lives; but the law has placed hindrances, and, as Pope says:

“The laws of God as well as of the land
Forbid a perpetuity to stand.”

There are on file in the office of the Register of Wills in Washington City a number of wills of famous Americans; a copy of the will of Washington is there, as well as the wills of several other presidents; also, there are to be seen those of many statesmen and other eminent persons: likewise, in London, in the Registry of Wills, there are on file the original wills of great men, which the British nation has jealously guarded; all nations are interested in them, and they could not be allowed to perish. Those who desire it may in London see the will of the painter Vandyck, of Doctor Johnson, of Lord Nelson, of William Pitt, of Edmund Burke, of Izaak Walton, of the Duke of Wellington, and, greatest of all, that of William Shakespeare. The last, being of unusual interest, has been exceptionally treated, and the three folio pages of which it consists are placed under an air-tight frame made of polished oak and plate glass. The will of the Great Napoleon was to be seen for many years at old Doctors’ Commons, but it was restored to the French nation in compliance with the request of the Emperor Louis Napoleon.

A chapter with the title, “The Importance of the Last Will and Testament,” containing general suggestions as to the preparation of wills, has been introduced into this work, with the belief that it may prove useful to some readers; likewise a chapter on “Testamentary and Kindred Miscellany,” which embraces subjects closely akin to those under consideration, and which it is hoped may not prove uninteresting.

The collecting of interesting and unusual wills is by no means an easy undertaking: the information as to their location and contents, even those of famous men, is surprisingly limited; digesting and arranging them has been a tedious but interesting task. It will be seen by the collection submitted, that all avenues of information have been sought and critically examined. If some minor errors have crept in, the indulgence of the reader is asked for a work largely on original lines, and one which covers a wide field of investigation, research, and comparison.

ANCIENT, CURIOUS, AND FAMOUS WILLS

CHAPTER I
THE IMPORTANCE OF THE LAST WILL AND TESTAMENT

“To put off making your Will until the hand of death is upon you evinces either cowardice or a shameful neglect of your temporal concerns.”

It has been thought appropriate, within a brief space, to introduce into this work some general observations on the importance and preparation of wills. For that purpose, the following address, under the title given this chapter, recently delivered before the Missouri Bankers’ Association, has been selected. It will be seen that the subject-matter is general in character, and this monograph has been favorably received by the legal profession and the legal and financial journals of the United States.

“No doubt most of my audience will regard my subject a lifeless, if not a commonplace one. Yet it is of daily and vital importance to bankers and business men generally, and it is to be regretted that there exist so many inaccurate impressions regarding wills.

“The North American Review in a recent editorial said, ‘The writing of a will is a serious and formal matter, and into one a man puts his deliberate and well-reflected intentions. This makes a will stupendously revealing, and to read one over is to come very close to the spirit of the man who wrote: to know his treasures, to understand his feeling toward men, and to measure his fitness for adventures among seraphic and angelic beings. The words a man desires to have read when he lies dumb, the gifts he leaves, the grace with which he gives, all these lay bare the spirit, the heart of disposition, as few other things can. For a will is that which is to live after one, and it is written knowing that no wound inflicted can be remedied, no neglect repaired. How egotism, or miserliness, or conceit, or self-satisfaction can shine out in a will! How little exalting it is in most cases to read wills, and how often they turn us back to the authoritative statement, that it is easier for a camel to pass through the eye of a needle.’

“The power to dispose of property by a written will in the form known to us does not appear in any of the primitive systems of law, except in Egypt; yet testamentary dispositions in some form have come down to us from the earliest times. In the year 1902, the French government sent out a commission to make archæological investigations in Persia. At the city of Susa, they uncovered a stone on which was written the laws of Hammurabi, who reigned twenty-three hundred years before Christ, or one thousand years before Moses received the Ten Commandments on Mount Sinai. This code was translated by Professor Robert Francis Harper, of the Chicago University, and furnishes one of the most remarkable and readable books which has ever come into my hands; it treats of the laws of money, banking, inheritance, weights and measures, divorce, dower, crimes, and, singularly enough, some of its provisions are present-day law. There is, however, no mention of wills.

“In fact, the will, as we know it, is a Roman invention. Free liberty of disposition by will is by no means universal at this time. Complete freedom in this respect is the exception rather than the rule. Homesteads generally, estates of dower and curtesy frequently, as well as other portions of an estate, are not the subject of devise or bequest.

“There never was a fitter application of Pope’s line, ‘A little learning is a dangerous thing,’ than in the preparation of wills; and it is a most astounding fact that men who have lived prudently, who have been conservative and successful in business, who have accumulated large wealth, who have been buffeted by every wave of misfortune, will attempt, by their own hands or through incompetent agents, to write their wills. It is always a hazardous undertaking, unless the instrument is of the simplest character. If one’s child is sick, a doctor is called; if a man’s roof is defective, a carpenter is sent for; if a horse throws a shoe, the animal goes to the blacksmith; yet, when it comes to the making of a will, perhaps the most solemn and consequential act of a man’s life, the testator takes his pen, and frequently without aid or counsel does that which experience and our court records fully demonstrate he is incompetent to do.

“Mr. Daniel S. Remsen, of New York, an author of high repute on the preparation of wills, says that fully fifty per cent of wills contain some obscurity or omission. With this statement I find myself in complete accord. I believe that nearly half the wills written are open to attack and a large portion of them fatally defective. I have never seen more than a dozen perfectly drawn wills, gauged by the standards of perfect clearness, precision and legality.

“As stated by Mr. Remsen, ‘A will is an ex-parte document and is written from one point of view; it is the expression of the wishes of the testator regarding the work of a lifetime; upon its legality depends the future happiness and welfare of the persons and objects most dear to the testator; and whether viewed from a property or a family standpoint, it is often the most important document a man of large or small means is ever called upon to prepare.’

“How many are there, in this audience of a thousand bankers, who can tell me the manner in which, under the laws of descent and distribution, is to be divided an estate consisting of five thousand dollars in cash, and real estate of the value of five thousand dollars, the testator leaving a wife and two children?

“Unfortunately the idea prevails that a will is a very simple instrument to prepare. Nothing in business life can be further from the truth; on the contrary, a will may be, and usually is, the most intricate of all legal documents. This is always true where there are gifts or devises depending upon contingencies, or where trusts are created. A deed or a contract may be changed; not so with a will, after the death of the maker. Therefore, foresight in its preparation is imperative.

“There is a well-marked legal distinction between the words, heirs, devisees, legatees, distributees, and legal representatives. Each of these terms has a clear and well-defined signification. One who has the preparation of wills must deal with the law against perpetuities. An estate cannot be tied up for a longer period than ‘a life or lives in being and twenty-one years thereafter.’ This is the general law of our country. The law of dower and curtesy is by no means simple. The law of vested and contingent remainders is a most intricate subject and requires years of legal study to comprehend, and cannot be simplified. The creation of life estates and trusts demands the most careful inquiry. There are spendthrift provisions which are easier to break than to prepare. The statute of uses cuts an important figure in testaments. The provisions with reference to the powers of executors and trustees are very comprehensive and must be framed with great care and precision. The subject of joint tenants, and tenants by the entirety, frequently requires the most profound consideration in the interpretation of wills.

“I recently saw a decision of one of our highest courts, where a testator gave a large sum of money by will to his wife ‘to hold, possess and enjoy during her natural life’; at her death, the fund was to go to a certain college. The widow promptly set about to ‘enjoy’ the fund by spending it; the court held, and properly, that she had a right to do so, and that the college got nothing. The will was improperly drawn. Had it been stated that she might ‘enjoy the income,’ a different result would have followed.

“A few months ago I saw a will in which an estate of one million dollars was disposed of: the testator under the will divided the estate into ten parts, but overlooked the disposition of one of these parts; the omitted part passed under the general laws of inheritance, doubtless contrary to the wishes of the testator.

“There came under my observation not long ago a will drawn in Michigan: the testator owned property in Michigan and also in Missouri and South Carolina. The will had but two witnesses; it was effective in Michigan and Missouri, but in South Carolina, where three witnesses are required, it was inoperative.

“Within the last few days, I examined the will of one of our most gifted and eloquent United States senators, now deceased; an ample provision for his wife was followed by this clause: ‘The acceptance by my wife of the provisions for her benefit, contained in this will, shall bar all claim by her for dower in any real estate heretofore or hereafter conveyed by me to any one.’ This attempted exclusion of the wife’s dower was well-nigh meaningless: his intent was to preclude her right of dower in any real estate owned by him at the time of his death; but he said ‘conveyed by me to any one’; all real estate possessed by him at the time of his death was subject to dower and not excluded, because it had not been conveyed.

“A will was lately presented to me where the testator left a large estate,—one-third to his wife, one-third to a son, and one-third to a grandson; the wife predeceased the testator. The question arose as to what became of the one-third given to the wife.

“Generally speaking, under a bequest or devise to a ‘child, grandchild or other relative,’ the property passes to the lineal descendants of these, in the event the legatee or devisee dies before the testator; but it is otherwise as to all other persons: as to them, the devise or gift lapses; even the children of stepchildren would not take under these conditions.

“It is said ‘a will has no brother,’ meaning that no two are alike. The general rules of construction are too numerous and complex for a discussion here. Technical words are presumed to be used in their technical sense, unless a clear intention to use them in another is apparent from the context. Our courts are always busy in an endeavor to ascertain the intentions of testators. The truth is, few men write accurately and precisely. The proper use and selection of words in the construction of wills is a very grave duty.

“A general outline of the framework of a will may be stated as follows:

“(a) A will should revoke all former wills; if this is not done, the last will may be taken in connection with others. If the testator is unmarried, he should state that fact. His statement does not make it true, but it may serve a very excellent purpose in thwarting the claims of designing persons.

“(b) There may be a provision for funeral expenses, and suggestions with regard to a burial place and a monument.

“(c) A provision for the payment of debts should be made, and the executor given full power to pay debts and to sell and convey any portion of the estate.

“(d) A provision should be made for bequests and legacies to relatives and friends, and for charitable purposes.

“(e) Suitable provisions for the wife and children should be made.

“(f) Adequate provisions should be inserted for trust features; these are operative only after the probate administration is ended, unless otherwise directed, and they should be full, definite and clear.

“(g) There should be a residuary clause which catches up and disposes of any portion of the estate not already disposed of, including lapsed legacies and devises.

“(h) The executor should be named.

“(i) The date and signature.

“(j) Finally, the attestation.

“To me it is incomprehensible that nine men out of ten who make their wills, seek to hamper and restrain the remarriage of their widows; neither the age of the husband nor of the wife seems to deter a testator in this direction: on the other hand, I have never seen but one such restriction in the will of a married woman; and this spirit of faith and trust, in a comparative view of the sexes, is, I believe, quite as marked in the daily walks of life, notwithstanding the lines of Saxe which run:

‘Men dying make their wills, but wives
Escape a work so sad;
Why should they make what all their lives,
The gentle dames have had?’

“It may be said that a condition subsequent in general restraint of the marriage of a person who has never married, annexed to a gift, is contrary to public policy and void.

“A man should make his will when he is in a normal and healthy condition; it should be done timely and deliberately. A prominent legal writer says: ‘It is astounding how frequently from indolence, procrastination, or superstition, men will postpone this needful act until the last. Some, like old Euclio in Pope, with the ruling passion strong in death, cannot endure the thought of parting with their possessions, even post mortem, and die intestate. Few testators know their own minds, and a deathbed will is as sorry a substitute for a carefully prepared instrument, as a deathbed repentance is for a well-ordered life.’ A sick man or a very aged man, as a rule, is not in a condition to judge fairly of the affairs of human life. He is apt to be unconsciously influenced and misled, or even coerced. He may be diverted from the natural channels of affection, right and justice. Frequently the result is disastrous litigation, the breaking of domestic ties, and the exposure of family skeletons.

“Lord Coke said a long time ago, ‘Few men, pinched with the messengers of death, have a disposing memory.’ ‘Such a will, he adds, ‘is sometimes in haste and commonly by slender advice and is subject to so many questions in this eagle-eyed world. And it is some blemish or touch to a man well esteemed for his wisdom and discretion all his life, to leave a troubled estate behind him, amongst his wife, children or kindred, after his death.’

“A man may work out his religion from within and for himself, but when it comes to writing a will, the advice of a good, level-headed friend cannot be overestimated.

“The will, unlike other instruments, is usually not open to criticism, and in my opinion, the testator will act wisely, who takes into his confidence some trusted friend who has good judgment and just ideas, whether he be a lawyer or a layman: this would be a poor world indeed, if such were not to be found.

“Statistics show that out of every hundred persons dying in modern times, sixty-five per cent leave no estate at all, and this is true in the most prosperous and wealthy portions of the United States. Out of the hundred mentioned, about thirty-five leave estates, but less than ten per cent leave estates exceeding five thousand dollars.

“Gifts through wills to charitable, educational and kindred institutions, in recent years, have been larger than during any other period in the history of this country. In the year 1909 the value of such gifts exceeded a hundred million dollars, according to the best statistics obtainable; yet it is much to be regretted, that testators who have been blessed with fortunes, do not leave more to charitable and public uses. Very little, if any regret would be expressed by beneficiaries under wills, if testators would set aside a few hundred or a few thousand dollars for such objects: a fountain in one’s native town, a scholarship, a hospital, or a park or plot of ground where the aged might rest, children play, and birds sing. Such gifts show noble natures, and all communities are proud to remember and honor the donors.

“Although the laws of our States differ somewhat in the matter of descent and in the rules as to the construction and requirements of wills, it may be stated that it is not generally necessary to mention or provide for any other persons than children or their descendants.

“The French author, Balzac, regarded by many critics as one of the keenest observers of the impulses that actuate human life, has one of his characters, a lawyer, say: ‘There are in modern society three men who can never think well of the world, the priest, the doctor and the man of law; and they wear black robes, perhaps because they are in mourning for every virtue and every illusion; the most hapless of these is the lawyer; he sees the same evil feelings repeated again and again; nothing can correct them; our offices are sewers which can never be cleansed; I have known wills burned; I have seen mothers robbing their children; wives kill their husbands; I could not tell you all I have seen, for I have seen crimes against which justice is impotent. In short, all the horrors that romancers suppose they have invented are still below the truth.’

“Whether this conclusion is correct or not, the fact is, that the law seals the lips of the priest, the doctor and the lawyer. The human heart is never completely revealed; there is always a nook or a corner that is closed to the world. But the lawyer does know human nature; and, take it all in all, I do not believe there is any class of men more outspoken, and who do more in the long run to uphold our rights, our morals and our liberties, than lawyers. The lawyer will tell you to have your will written and to have it well written; he will tell you that human nature is strongly marked in wills; he will tell you that his profession knows no more complicated and perplexing a document to prepare than a will; he will tell you that wills are frequently destroyed by unauthorized hands; he will tell you that when a provision is made by will which gives less than that which is allowed by law, that that provision will be attacked; he will tell you that wills are filed in probate in nearly every instance before the dust has adjusted itself on the grave of the testator; he will tell you, if candid, that lawyers are, in a measure, responsible for poorly written wills.

“No lawyer should be asked to write a will cheaply or hastily; the testator who has no proper appreciation of this service, and who drives a bargain for ten dollars, for that which is worth a hundred or more, usually gets about what he pays for.

“In law, as in other professions, ability and experience are essential to perfect work; when you seek a lawyer to write your will, see that he has these qualifications.

“Witnesses to wills should never be interested in the instrument. If the testator is aged, the witnesses should be those well acquainted with him; in fact, this is always a good rule, whether the testator be old or young; this precaution may prevent much trouble and complication, and it has the sanction of our highest courts.

“There is a class of gifts to which I wish to call your attention, and I refer to gifts causa mortis. A gift causa mortis is a gift of personal property by a person about to die and in view of death. If there is an actual or constructive delivery of the property, the gift is good, notwithstanding the law of wills. The gift, however, must be absolute and the giver must die of that sickness.

“In making provision for children in wills, the corpus or principal fund is not infrequently to be turned over to them on arriving at legal age. According to my observation, the age of thirty is much preferable. It is not possible for any young man or woman at the end of minority to be possessed of much wisdom with reference to the care of property. Worldly knowledge is not congenital, and we have high authority that ‘in youth and beauty, wisdom is but rare.’

“Even you and I, my friends, have picked up some business knowledge since we passed the line of twenty-one.

“I cannot too highly recommend trust provisions in wills, where it is sought to make allowances to children or others; the use of the income for a time or for life, instead of an absolute gift of the principal, has in many cases a most beneficial result. In the selection of an executor, my judgment is that it is better to have one than two, and unless that one is a corporation of high standing and ample capital, I would always require a bond. This works no hardship, for bonds are readily obtainable by reputable persons.

“A codicil is a supplemental will. Its object may be to explain, modify, add to or take from a will. It should be written with care and precision and its execution is attended with the same formalities as the will itself.

“A well known author on wills says:

“‘In short, a will may be a man’s monument or his folly. Prudence, therefore, demands that the testator plan wisely, and frame his testamentary provisions with great care. That is, he should, if possible, use such words that his plan shall not be misunderstood and shall be carried into effect without dispute or litigation, for unlike instruments between living persons, it is only after the testator is dead and cannot explain his meaning that his will can take effect, or be open to dispute.’

“I recommend that of each will there be made a copy; the original should be placed in one safe place, and the copy in another. This very much lessens the chance of its being destroyed or falling into bad hands.”

CHAPTER II
ANCIENT WILLS

“For we brought nothing into the world, and it is certain we can carry nothing out.”

Will of Adam

The Mussulman claims that our forefather, Adam, left a will, and that seventy legions of angels brought him sheets of paper and quill pens, nicely nibbed, all the way from Paradise, and that the Archangel Gabriel set his seal as a witness.

It may be added, however, that the authenticity of this will has not been established.

Will of Noah

It is claimed that Noah left a will, but of course this is an apocrypha. It is said that he divided his landed possessions, the globe, into three shares, one for each son. America was not included in this division for obvious reasons.

Will of Job

There exists a very curious and ancient testament of Job, which was discovered and published by Cardinal Mai in 1839; it relates many details which we may look for in vain in the Canonical Book. In it Job’s faithful wife, when reduced to the utmost poverty, sold the hair of her head to procure bread for her husband.

Will of Jacob

Jacob, the third of the Hebrew Patriarchs, died in Egypt at the age of 147, but was buried by his sons in the Cave of Machpelah at Hebron, in Palestine, the traditional burial place of the Prophets and other Biblical characters of their time.

It can be stated that the very earliest reference to an actual testamentary disposition is by the words of this Patriarch:

“And Israel said unto Joseph, Behold, I die; but God shall be with you and bring you again unto the land of your fathers.”

“Moreover, I have given to thee one portion above thy brethren, which I took out of the hand of the Amorite with my sword and with my bow.”

“And Jacob called unto his sons, and said, Gather yourselves together, that I may tell you that which shall befall you in the last days.”

In the 48th and 49th chapters of Genesis are these words of the dying Patriarch; and here is found not only the disposition of a “portion” to Joseph, but the character of each son is shown, the virtue or fault of each is described, to each a symbolic emblem is assigned, and to each a future is prophesied.

Here is a will, in fact, and in prophecy.

Will of Telemachus

Homer cites this will, made in favor of Piræus, to whom Telemachus bequeaths all the presents that had been made to him by Menelaus, lest they fall into the hands of his enemies; but he adds, “In case I should slay them and survive, you are then to restore them to me in my palace, a task as joyous to you to accomplish as to myself to profit by.” Perhaps, however, this may be objected to as proceeding from fabulous history. In Biblical tradition, however, we find very early evidence of oral bequests.

Will of Eudamidas

To Lucian we are indebted for the noble, touching, and certainly eccentric will of Eudamidas of Corinth.

This philosophical individual, who was extremely poor, was on terms of close and intimate friendship—friendship in the full and true acceptation of the term—with Arethæus and Charixenes of Sycion. Finding himself on his deathbed, he made a will, which, while exciting only the ridicule of the thoughtless or the worldly-wise, calls for respect and admiration in the breasts of those who know the value of real cordiality, and can appreciate his simple confidence in its sincerity.

“I bequeath to Arethæus my mother to support; and I pray him to have a tender care of her declining years.

“I bequeath to Charixenes my daughter to marry, and to give her to that end the best portion he can afford.

“Should either happen to die I beg the other to undertake both charges.”

When this will, continues the narrator, was read in the public square (this being the accepted mode of proceeding at that time), all those who were aware of the poor circumstances of the testator, but were incapable of recognizing the ties which linked him to his friends, turned these unusual clauses into a joke; and there was not one who did not go away laughing and observing: “Arethæus and Charixenes will be lucky fellows if they accept their legacies, and he’s no fool to have made himself their heir, though he be dead and they living.”

But these honest legatees no sooner learned what was expected of them by their deceased friend than they hastened to put his wishes into execution.

Charixenes, however, only survived Eudamidas five days; and then Arethæus, acting in exact conformity with the will he had undertaken to execute, assumed the share bequeathed to his co-executor. He supported the mother of Eudamidas; and in due time found a suitable husband for his daughter. Of five talents of which his fortune consisted, he gave her two, and two others to his own daughter, and celebrated the two marriages on the same day.

The Oldest Written Will

William Matthew Flinders Petrie, the famous English Egyptologist, unearthed not many years ago at Kahun a will which was forty-five hundred years old; there seems no reason to question either the authenticity or antiquity of the document. The will therefore antedates all other known written wills by nearly two thousand years. That excellent authority, the Irish Law Times, speaks of the will so entertainingly that its comments are here reproduced:

“The document is so curiously modern in form that it might almost be granted probate to-day. But, in any case, it may be assumed that it marks one of the earliest epochs of legal history, and curiously illustrates the continuity of legal methods. The value, socially, legally and historically, of a will that dates back to patriarchal times is evident.

“It consists of a settlement made by one Sekhenren in the year 44, second month of Pert, day 19,—that is, it is estimated, the 44th of Amenemhat III., or 2550 B.C., in favor of his brother, a priest of Osiris, of all his property and goods; and of another document, which bears date from the time of Amenemhat IV., or 2548 B.C. This latter instrument is, in form, nothing more nor less than a will, by which, in phraseology that might well be used to-day, the testator settles upon his wife, Teta, all the property given him by his brother, for life, but forbids in categorical terms to pull down the houses ‘which my brother built for me,’ although it empowers her to give them to any of her children that she pleases. A ‘lieutenant’ Siou is to act as guardian of the infant children.

“This remarkable instrument is witnessed by two scribes, with an attestation clause that might almost have been drafted yesterday. The papyrus is a valuable contribution to the study of ancient law, and shows, with a graphic realism, what a pitch of civilization the ancient Egyptians had reached,—at least from a lawyer’s point of view. It has hitherto been believed that, in the infancy of the human race, wills were practically unknown. There probably never was a time when testaments, in some form or other, did not exist; but, in the earliest ages, it has so far been assumed that they were never written, but were nuncupatory, or delivered orally, probably at the deathbed of the testator. Among the Hindus to this day the law of succession hinges upon the due solemnization of fixed ceremonies at the dead man’s funeral, not upon any written will. And it is because early wills were verbal only that their history is so obscure. It has been asserted that among the barbarian races the bare conception of a will was unknown; that we must search for the infancy of testamentary dispositions in the early Roman law. Indeed, until the ecclesiastical power assumed the prerogative of intervening at every break in the succession of the family, wills did not come into vogue in the West. But Mr. Petrie’s papyrus seems to show that the system of settlement or disposition by deed or will was long antecedently practised in the East.”

Will of Sennacherib
(681 B.C.)

The will of the Assyrian monarch is the next earliest written will which can be cited. It was found in the royal library of Konyunjik, where we read that to his favorite son, Esarhaddon, not being yet heir-presumptive, he bequeaths “certain bracelets, coronets, and other precious objects of gold, ivory, and precious stones, deposited for safe-keeping in the temple of Nebo.”

Sennacherib was assassinated in the year 681 B.C. by two of his sons; he was succeeded by Esarhaddon.

The Will of Plato
(348 B.C.)

We give this will, handed down to us by Diogenes Laertius, being of interest, not from anything it contains, but curious, whether from its antiquity or as an illustration of the very simple form employed by the Greeks three hundred and fifty years before the Christian era. Of its intrinsic value as coming from the mind and the hand of Plato we need say nothing.

“These things hath Plato left and bequeathed: The farm of Hephæstiades bounded, etc. It is forbidden to sell or alienate it; but it shall belong to my son Adimantes, who shall enjoy the sole proprietorship thereof. I give him likewise the farm of Hereusiades, situated, etc. It is the one I acquired by purchase.

“Further, I give to my son Adimantes, three mines in cash, a silver vase weighing one hundred and sixty-five drachmæ, a cup of the same metal weighing sixty-five, a ring and pendant in gold weighing together four drachmæ, with three mines due to me from Euclid the gem-engraver.

“I free from slavery, Diana; but for Tychon, Bietas, Dionysius, and Apolloniades, I will they continue the slaves of my son Adimantes, to whom I bequeath also all my chattels as specified in an inventory held and possessed by Demetrius.

“I have no debts; and I appoint as executors and administrators of these bequests Speusippus, Demetrius, Hegias, Eurymedon, Callimachus, and Thrasippus.”

Such is the will of the grand old philosopher; and we may suppose that by those simpler minds, even the date was considered unnecessary, as we find none appended to this document.

Will of Aristotle
(322 B.C.)

The will of this famous Peripatetic philosopher is like that of Plato, more remarkable for its antiquity and the interest attaching to the testator than for its contents. He was sixty-eight years of age at the time of his death, and according to his biographer, Timotheus of Athens, he cannot have been very attractive in his personal appearance. He had small eyes, a cracked voice, and thin limbs; but he was always well dressed and wore rings on his fingers; we are also told that he shaved his chin. The document in question begins thus:

“Greeting. Aristotle disposes as follows of what belongs to him. In case death should surprise me, Antipater will undertake to execute generally my last wishes and is to have the administration of everything.

“Until Nicanor can take the management of my affairs, Aristomenes, Timarchas, Hipparchus, and Theophrastus will, with his consent, assist him to take care of my property, as much on behalf of my children, as on behalf of Herpylis. As soon as my daughter shall be marriageable she is to be given Nicanor; and in case, which I do not think likely, she should die before her marriage or before she has children, Nicanor is to inherit all that I possess, and to dispose of my slaves and all the rest as he pleases.

“Nicanor will then take charge of my son Nicomachus, and of my daughter, so that they may want nothing; and he will act towards them as a father and a brother.

“Should Nicanor die before marrying my daughter, or having married her should he leave no children, he must decide what is to be done after his death.

“If, then, Theophrastus should wish to take my daughter to his home, he will enter into all the rights I give to Nicanor; or if not, the curators will dispose of my children as they shall consider for the best.

“I recommend to their guardians, and to Nicanor, to remember for my sake the affection Herpylis has always borne me, taking care of me and of my affairs. If after my death she should wish to marry, they will see that she does not marry any one below my condition. In that case, besides the presents she has already received, she is to have a talent of silver, three slaves besides the one she has, and the youth Pyrrhæus. If she wishes to live at Calchis, she can have the suite of rooms communicating with the garden; if at Stagyra, she can occupy the house of my fathers, and the curators will suitably furnish whichever of these residences she may select.

“Nicanor will take care that Myrex is sent back to his parents in a respectable and suitable way, with all that I have belonging to him.

“I give Ambracis her liberty, and assign to her, as a marriage portion, 500 drachmæ or five mines and a slave.

“I bequeath to Thala, besides the bought slave she has, a young female slave and 1000 drachmæ.

“As regards Simo, besides the money already given him to buy another slave, let one more be bought for him or let him have the value in money.

“Tacho is to have his freedom when my daughter marries. Philo, and Olympias with his son, shall also be made free at the same period. The children of my slaves shall pass into the service of my heirs, and, when they become adults, they shall be freed if they have deserved it.

“Let the statues I have ordered be finished and placed as I have instructed Gryllo, viz. those of Nicanor, Proxenes, and the mother of Nicanor; also that of Arimnestes to serve as a monument for him as he left no children.

“Also let the Ceres, belonging to my mother, be placed in the Nemea. Let the bones of my wife, Pythias, be placed in my tomb, even as she desired. I further wish the four stone animals, promised by me as votive offerings for the preservation of Nicanor, to be placed at Stagyra to Jupiter and Minerva. They are to be four cubits high.”

Will of Virgil
(10 B.C.)

A singular trait in the character of this great poet was that which appeared by the clause in his will which ordered the Æneid to be burnt: “Ut rem emendatam imperfectamque.” Tucca and Varus, however, his executors and friends, and, we may add also, the friends of literature and of the civilized world, assured him Augustus would never consent to this barbarous behest. On this he bequeathed to them his Mss., but on the express condition that if he should die before he had time to revise and finish them, and they should think proper to publish them, they should change nothing and should leave the imperfect and incomplete verses just as they were.

He ordered his body to be “carried to Naples, and there interred near the road to Puzzuoli, by the second milestone.” The epitaph which was engraved on it was written by himself:

Mantua me genuit, Calabri rapuere, tenet nunc
Parthenope: cecini pascua, rura, duces.

He divided his property, which was considerable, between Valerius Proculus, his half-brother, to whom he left half; Augustus, to whom he gave a quarter; Mecænas, who got a twelfth; and the rest to Varus.

Will of Augustus
(13 A.D.)

Augustus Cæsar made his will under the consulate of Silius and Plancus in the year A.D. 13, and one year and four months before his death.

It is much to be regretted that this important and interesting document should not have reached our times in its entirety; nevertheless, by collating the passages relating to it by several historians, we arrive at a considerable portion of it.

When Augustus had made his will, he deposited it, according to custom and the example of his uncle Julius Cæsar, in the sacred Temple of Vesta, under the care of the most ancient of the priestesses. The act was in two parts, and was written, partly by his own hand and partly under dictation to his two freedmen, Polybius and Hilarion. It was accompanied by four other portions sealed with the same seal.

As soon as Augustus was dead, Tiberius commanded that the first day of the meeting of the Senate should be consecrated to his memory; whereon the Vestals solemnly brought the will and the four appendices belonging to it, which were opened, and they then proceeded to the verification of the will; then Polybius, the freedman before mentioned, was charged to read it aloud.

The first lines were thus conceived:

“Since Heaven has taken from me my two grandchildren, Caïus and Lucilius, I declare Tiberius my successor, and I transmit to him all my rights....”

He then passes to the disposal of his goods; he appoints as his heirs the above-named Tiberius and Livia, the former to receive two-thirds, the latter one-third; he then desires they should bear his name, or rather, as says Tacitus, he desires Livia to assume the title of Augusta.

In case of the death of Tiberius and Livia he replaces them by appointing one-third to Drusus, son of Tiberius, and the rest to Germanicus and his three sons.

In short, he substitutes to these, as a third arrangement, his relatives; that is to say, his grandchildren and great-grandchildren, and they defaulting, his friends, amicos complures.

He leaves “to the Roman people,” quadringentos sestertium.

Item: to the Latin tribes, tricies quinquies sestertium.

Item: to the soldiers of his body-guards, per head, i.e. to each pretorian soldier, millia nummorum.

Item: to those of the municipal guard, the urban cohorts, quingenos nummos.

Item: to the soldiers of the legion, trecentos nummos.

But he orders all these military legacies to be paid at once, having taken the precaution to put by the sums required for this object.

As to the other legacies to different private individuals, and of which the majority of the amounts exceeded twenty sesterces, he allows a period of a year after his death for the payment of them, and he excuses himself for their smallness on the plea of the moderate amount of his fortune.

“I leave, in all, to my heirs, no more than one hundred and fifty million sesterces, although I have received by testamentary donations more than five milliards of sesterces, but I have employed the whole of this in the service of the State, as well as my two paternal patrimonies (that of Caïus Octavius, his own father, and that of Julius Cæsar, his adoptive father), and my other family inheritances.”

By another clause of his testament Augustus leaves a small legacy to his daughter Julia, but he does not recall her from exile; he even forbids that her ashes, and those of the second Julia, his granddaughter, as debauched as her mother, should be placed in the tomb of the Cæsars.

Augustus also ordered that if there were any children living of those who had left him their money, such money should be restored to those children, but only on their attaining their majority, and together with the arrears of revenue; and he was accustomed to say that a father of a family only deprived his children of the inheritance they were entitled to when the prince was a tyrant.

When the Senate had verified and confirmed this will by a senatus consultum, they presented to the conscript-fathers the four rolls above mentioned; they were partly written by the emperor’s own hand. It was Drusus who made the Senate acquainted with their contents.

In the first, Augustus prescribed the order that was to be observed at his interment.

The second was a journal of his most memorable actions, destined to be engraved on bronze and placed on the façade of his mausoleum. An ancient marble, found in the excavations of the city of Ancyra in the sixteenth century, has preserved to us a portion of this journal; and this monument, mutilated as it is, becomes precious from the certainty it gives us as to the dates of certain events in the history of Augustus.

The third contained a statement of the forces of the empire, of the troops then constituting the standing army, of the sums contained in the public treasury and in that of the emperor, of the tributes and imposts still due, and of the expenses required in times of peace and in times of war.

The fourth was a collection of instructions, addressed equally to Tiberius and to the republic, to maintain both the splendor and the tranquillity of the empire. Among other counsels he advised them to choose only wise, discreet, and virtuous men for the administration of every department of the state; he added at the same time that it was dangerous to confide to any single individual the entire authority, for then it might be feared that the power of the monarch might degenerate into tyranny, and that its ruin might involve that of the state and precipitate the Romans into irretrievable misfortunes. He recommended, above all, to those who should follow him in the cares of the government, not to preoccupy themselves about extending the limits of the empire by new conquests, but rather to apply themselves to the maintenance and good government of what they already held.

The remainder of these councils was simply the summary of the policy he had himself pursued during his reign.

These books as well as his will were approved and indorsed by the Senate. They then decreed him a costly and magnificent funeral; his corpse, or rather its image in wax, was laid upon an ivory bed, incrusted with massive gold and draped with a tissue of purple silk woven with gold; the procession, of the same extent as a triumphal progress, traversed the streets of Rome with great pomp. It halted twice; on the first occasion Drusus pronounced the funeral oration over the body; on the second Tiberius spoke another, which has been preserved, and may be considered a model of eloquence.

When the procession arrived at the Campus Martius the body was enclosed in a bier, and placed on a funeral pile to which the centurions set fire; while the clouds of smoke and flame were ascending to the sky an eagle suddenly appeared in the midst of them and took its flight to heaven, in the midst of the acclamations of the assembled people, who declared that the bird sacred to Jupiter was carrying the emperor’s soul aloft to the bosom of the king of the gods.

Will of a Pig

This is a very ancient document. Mr. S. Baring-Gould in his unique work “Curiosities of Olden Times,” says of it:

“S. Jerome speaks of it, saying, that in his time (fourth century) children were wont to sing it at school amidst shouts of laughter. Alexander Brassicanus, who died in 1539, was the first to publish it. He found it in a Ms. at Mayence. Later, G. Fabricius gave a corrected edition of it from another Ms. found at Memel and since then it has been in the hands of the learned.”

With slight modifications, the will runs as follows:

“I, M. Grunnius Corcotta Porcellus, have made my testament, which, as I can’t write myself, I have dictated.”

Says Magirus, the cook: “Come along, thou who turnest the house topsy-turvy, spoiler of the pavement, O fugitive Porcellus! I am resolved to slaughter thee to-day.”

Says Corcotta Porcellus: “If ever I have done thee any wrong, if I have sinned in any way, if I have smashed any wee pots with my feet, O Master Cook, grant pardon to thy suppliant!”

Says the cook Magirus: “Halloo, boy! go bring me a carving-knife out of the kitchen, that I may make a bloody Porcellus of him.”

Porcellus is caught by the servants, and brought out to execution on the xvi before the Lucernine Kalends, just when young colewort sprouts are in plenty, Clybaratus and Piperatus being Consuls.

Now when he saw that he was about to die, he begged hard of the cook an hour’s grace, just to write his will. He called together his relations, that he might leave them some of his victuals; and he said:

“I will and bequeath to my papa, Verrinus Lardinus, 30 bush. of acorns.

“I will and bequeath to my mamma, Veturina Scrofa, 40 bush. of Laconian corn.

“I will and bequeath to my sister, Quirona, at whose nuptials I may not be present, 30 bush. of barley.

“Of my mortal remains, I will and bequeath my bristles to the cobblers, my teeth to squabblers, my ears to the deaf, my tongue to lawyers and chatterboxes, my entrails to tripemen, my hams to gluttons, my stomach to little boys, my tail to little girls, my muscles to effeminate parties, my heels to runners and hunters, my claws to thieves; and, to a certain cook, whom I won’t mention by name, I bequeath the cord and stick which I brought with me from my oak grove to the sty, in hopes that he may take the cord and hang himself with it.

“I will that a monument be erected to me, inscribed with this, in golden letters:

“M. Grunnius Corcotta Porcellus, who lived 999 years,—six months more, and he would have been 1000 years old.

“Friends dear to me whilst I lived, I pray you to have a kindness towards my body, and embalm it well with good condiments, such as almonds, pepper and honey, that my name may be named through ages to come.

“O my masters and my comrades, who have assisted at the drawing up of this testament, order it to be signed.

Wills of the Earl of Mellent and Others
(1118)

Robert, the famous Earl of Mellent and Leicester, one of the early crusaders in the Holy Land, died in 1118, in the abbey of Preaux, where his body was buried; but his heart, by his own order, was conveyed to the hospital at Brackley, to be there preserved in salt. Isabella, daughter of William E. Marshall, Earl of Pembroke, who died at Berkhampstead in 1239, ordered her heart to be sent in a silver cup to her brother, then Abbot of Tewkesbury, to be there buried before the high altar. The heart of John Baliol, Lord of Barnard Castle, who died in 1269, was, by his widow’s desire, enclosed in an ivory casket, richly enamelled with silver. There are many bequests of hearts on record other than the above.

Will of Saladin
(1193)

Interesting to record is the last will and testament of the celebrated Saladin, born in 1136; he died in 1193, after filling the two continents of Europe and Asia with his fame.

Sultan of Egypt, he conquered Syria, Arabia, Persia, Mesopotamia, and took possession of Jerusalem in 1187. His conquests suffice to enable us to judge of the extent of his power and wealth; at his death, however, he showed that no one was more intimately convinced of the utter hollowness of the riches and greatness of the world and the vanity of its disputes.

He ordered, by his will, first, that considerable sums should be distributed to Mussulmans, Jews, and Christians, in order that the priests of the three religions might implore the mercy of God for him; next he commanded that the shirt or tunic he should be wearing at the time of his death should be carried on the end of a spear throughout the whole camp, and at the head of his army, and that the soldier who bore it should pause at intervals and say aloud, “Behold all that remains of the Emperor Saladin! Of all the states he had conquered; of all the provinces he had subdued; of the boundless treasures he had amassed; of the countless wealth he possessed, he retained in dying, nothing but this shroud!” To this we may add:

“ ... Behold his origin and end!
Milk and a swathe at first, his whole demand;
His whole domain, at last, a turf or stone,
To whom, between, a world had seemed too small.”

Will of William de Beauchamp
(1268)

“Will of William de Beauchamp, dated at Wauberge, upon the morrow after the Epiphany, anno 1268, 53 Henry III. My body to be buried in the Church of the Friars-Minors at Worcester. I Will that a horse, completely harnessed with all military caparisons, precede my corpse; to a priest to sing mass daily in my Chapel without the city of Worcester, near unto that house of Friars which I gave for the health of my soul, and for the souls of Isabel my wife, Isabel de Mortimer, and all the faithful deceased, all my rent of the fee of Richard Bruli, in Wiche and Winchester, with supply of what should be too short out of my own proper goods; to Walter, my son, signed with the cross, for a pilgrimage to the Holy Land on my behalf and of Isabel, his mother, two hundred marks; to Joane, my daughter, a canopy, some time belonging to St. Wolstan, and a book of Lancelot, which I have lent them; to Isabel, my daughter, a silver cup; to Sibill, my daughter, all the money due to me from my son William, towards her marriage, and XL marks more, with the land which I bought in Britlamton, to enjoy it until she be married, and no longer; to Sarah, my daughter, one hundred marks for her marriage; to William, my eldest son, the cup and horns of St. Hugh; to my daughter the Countess, his wife, a ring with a ruby in it; to Sir Roger de Mortimer and Sir Bartholomew de Suley a ring each; to the Friars-Minors of Worcester forty shillings; to the Friars-Minors of Gloucester one mark; to the Friars-Carmelites there one mark; to the Hospital of St. Wolstan at Worcester one mark; to the Hospital of St. Oswald there ten shillings; to the Canons of Doddeford one mark; to the Church and Nuns of Cokehill x marks; to Isabel, my wife, ten marks; to the Church and Nuns of Westwood one mark; to the Church and Nuns without Worcester one mark; to every Anchorite in Worcester and the parts adjacent four shillings; to the Church of Salewarp, a house and garden near the parsonage, to find a lamp to burn continually therein to the honor of God, the Blessed Virgin, St. Katherine, and Saint Margaret; and I appoint my eldest son William Earl of Warwick, Sir Roger Mortimer, Sir Bartholomew de Sudley, and the Abbots of Evesham and of Great Malverne, my executors.”

Will of William de Beauchamp, Earl of Warwick
(1296)

“Will of William De Beauchamp, Earl of Warwick, dated Holy Rood Day, 1296, 25 Edward I. being in perfect health. My body to be buried in the quire of the Friars-Minors, commonly called the Gray-friars at Worcester, if I die within the compass of the four English Seas; otherwise, then in the house of the Friars-Minors nearest to the place in which I may happen to die, and my heart to be buried wheresoever the Countess, my dear consort, may herself resolve to be interred; to the place where I may be buried two great horses, viz., those to the which shall carry my armour at my funeral, for the solemnizing of which I bequeath two hundred pounds; to the maintenance of two soldiers in the Holy Land, one hundred pounds; to Maud my wife, all my silver vessels, with the cross, wherein is contained part of the wood of the very cross whereon our Saviour died; likewise the vestments of my Chapel, to make use of during her life; but afterwards the best suit to belong to Guy, my eldest son; the second best to my Chapel of Hanslape; and the third best to my Chapel at Hanley; to Guy, my son, a gold ring with a ruby in it, together with my blesing; to my said wife a cup, which the Bishop of Worcester gave me, and all my other cups, with my lesser sort of jewels and rings, to distribute for the health of my soul, where she may think best; to my two daughters, nuns at Shouldham, fifty marks.”

Will of Edward I
(1307)

This will seems entitled to find a place among those which may be regarded as abnormal, and when we come to the record of it in the simple and naïf style of that matchless old chronicler Froissard, we are irresistibly tempted to make a transcript of the few lines which in describing it carry us back to the days of that turbulent and brilliant monarch.

“Le bon roy,” he writes, “trépassa en la cité de Warvich. Et quend il mourut il fit appeler son aisné fils (Edouard II. qui après luy fust roy) pardeuant ses barons, et luy fit iurer sur les saincts, qu’aussitost qu’il seroit trespassé il le feroit bouilleir dans une chaudière, tant que la chair se departiroit des os: et après ferait mettre la chair en terre et garderoit les os: et toutes les fois que les Escoçois de rebelleroient contre luy, il semondroit ses gens et porteroit avesques luy les os de son père. Car il tenoit fermement que tant qu’il auroit ses os avesques luy les Escoçois n’auraient poinct de victoire contre luy. Lequel n’accomplit mie ce qu’il auait iuré: ains fit rapporter son père à Londres et là enseuelir; dont luy meschent.”

Will of Guy de Beauchamp, Earl of Warwick
(1315)

“Will of Guy de Beauchamp, Earl of Warwick, dated at Warwick Castle, Monday next after the Feast of St. James the Apostle, 1315. My body to be buried in the Abbey of Bordsley, without any funeral pomp; to Alice, my wife, a proportion of plate, with a crystal cup and half my bedding, and also all the vestments and books belonging to my Chapel; the other half of my beds, rings, and jewels, I bequeath to my two daughters; to Maud, my daughter, a crystal cup; to Elizabeth, my daughter, the marriage of Astley’s heir; to Thomas, my son, my best coat of mail, helmet, and suit of harness, with all that belongs thereto; to John, my son, my second coat of mail, helmet, and harness; and I Will that all the rest of my armour, bows, and other warlike implements, shall remain in Warwick Castle for my heir.”

Dukes of Lancaster
(1360)

Henry, Duke of Lancaster, who died in 1360, thus begins the second clause of his will: “Item: we will that our body be not buried for three weeks after the departure of our soul.”

(1399)

John, Duke of Lancaster, better known as John of Gaunt, directs as follows in his will: “If I die out of London I desire that, the night my body arrives there, it be carried direct to the Friars Carmelites, in Fleet Street, and the next day be taken straight to St. Paul’s, and that it be not buried for forty days, during which I charge my executors that there be no embalming of my corpse.”

Will of Sir Robert Launde
(1367)

“Will of Sir Robert Launde, alias Atte Launde, Knt., Citizen of London, on our Lady’s Eve, 1367. My body to be buried in the quire of St. Mary’s, of the Charterhouse in London; to Christian, my wife; to Ada Launde, my mother; to Robert Watfield, late my servant, c l.; to Rose Pomfret, my sister, of Berdfield, CXL l.; to Richard, her son, and William, her brother; to Margaret Biernes, their sister; to Margaret, her sister, married to Aksted; to Agnes, my niece, at Hallewell; to the high altar of Hempsted, in Essex; to the poor there, by gift of Robert Watfield; to Joane Launde, of Cambridgeshire; to my noble Lady the Countess of Norfolk; to John Southcot, to find him at school; to the building of the cross in Cheapside; and I appoint Sir John Philpot, Knt., overseer of this my Will.”

Will of Lady Joan De Cobham
(1369)

“Will of Joan De Cobham, of Starburghe. August 13, 1369. My body to be buried in the church-yard of St. Mary Overhere, in Southwark, before the church door, where the image of the blessed Virgin sitteth on high over that door: and I Will that a plain marble stone be laid over my body.

“I Will that VII thousand masses be said for my soul by the Canons of Tunbrugge and Tanfugge, and the four Orders of Friars in London, viz., the Friars-Preachers, Minors, Augustines, and Carmelites, who for so doing shall have xxix l. iii s. iv d. Also I Will that on my funeral day twelve poor persons, clothed in black gowns and hoods, shall carry twelve torches; I bequeath to the Church of Lyngefeld a frontore with the arms of Berkeley and Cobham standing on white and purple; to Reginald, my son, a ring with a diamond; to Sir Henry Grey and Dame Joan, his wife, and to that Joane my daughter; to Joane, daughter to that Joane. I Will that my house in Southwark be sold to pay my Lord’s debts, and to found prayers in the parish church of Langele-Borell for the souls of Sir John de la Mare, Knt., some time lord there, Sir Reginald Cobham, Sir Thomas Berkeley, and for the souls of my benefactors. If Reginald, my son, or any other of my heirs, shall appropriate that church for the maintenance of two priests to celebrate divine service there for ever, as it was intended and conditioned by the said Sir John de la Mare when he sold that lordship of Langele, with that of Lye, to my husband, in the presence of the Lord Berkeley, my father, then I Will that my Executors shall enfeoffe the said Reginald, or his heirs, in my water-mill at Edulme Bridge, and in my house at Southwark, for ever; to Sir John Cobham; to John de Cobham, of Devonshire.”

The Will of Petrarch
(1370)

To the cultivated reader everything relating to a man who may be considered the phenomenon of his age must be interesting. The document we subjoin is especially valuable as supplying the key to a mind which has drawn to itself our warmest sympathies, and whose written thoughts are among the most attaching bequests of poetry.

The will of the poet-philosopher of Vaucluse is dated “pridiè nonas Aprilis, 1370,” four years before his death, when he was sixty-six years of age, having been born at Arezzo, 20th of July, 1304.

He prefaces it with moral reflections on the certainty of death, but the uncertainty of its summons, and the necessity of putting one’s affairs in order. He then proceeds to state that what he possesses is of so little value that he is in some sort ashamed to make a will; “sed,” adds he, “divitum atque inopium curæ, de rebus licet imparibus, pares sunt.”

After recommending his soul to Jesus Christ and imploring the succor of Mary, of St. Michael, and all the Saints, he orders very expressly that he may be buried without any sort of pomp,—“absque omni pompa et cum summa humilitate et abjectione, quanta esse potest, ...” and renders his heir and his friends responsible for the execution of this clause. He claims no tears, as useless to the departed, but begs the prayers of the survivors, of which he has need.

Not knowing where he may be at the time of his death, he designates in different cities the spot he would choose for his burial, naming Padua, Venice, Milan, Rome, and Parma, and leaves a legacy of 200 gold ducats to the church at Padua, and 20 to the church in which he shall be interred.

Among special bequests is one to the Governor of Padua, of a very fine picture of the Virgin Mary—“opus Joctii, pictoris egregii”—which had sent been him from Florence by his friend Michael Navis. “In beholding this painting,” he says, “pulchritudinem ignorantes, non intelligunt; magistri autem, artis, stupent.”

He desires that all the horses he may possess at the time of his decease may be divided between his two friends, Bonzanello and Lorbardo, and acknowledges a debt to the latter of 334 gold ducats and 16 sous, which he nevertheless hopes to pay before his death.

He bequeaths to the same Lorbardo his small round goblet of silver-gilt that he may drink as much water as he likes, knowing that he prefers water to wine.

To the Sacristan, Giovanni Bocheta, he gives his large breviary, which cost him 100 livres at Venice; but desires that after the death of the Sacristan the volume may be deposited in the sacristy of the church for the use of all priests attached to that church and who will pray for him to God and the Virgin Mary.

He leaves to Giovanni di Certaldo, otherwise Boccaccio,—(verecundi admodùm tanto viro, tam modicum, says he),—200 gold florins of Florence, to purchase him a winter robe suitable for his studious vigils. The words “tanto viro” are significant of the great esteem in which he held the genius of Boccaccio.

To Tomaso Bambasia, of Ferrara, he leaves his lute, which he describes as “good”—leutum meum bonum—but for singing the praises of the Lord, and by no means pro vanitate seculi fugacis.

To Johannes de Horologio—to whom he gives the title of “physicum”—he bequeaths 50 gold ducats to buy a ring which he will wear on his finger in memory of the testator.

As for his servants, he gives first to Bartolomeo di Siena, surnamed Pancaldus, a sum of 20 ducats, but on condition that he will not gamble with it. To Litius, he gives the same, etc.

In fine, he institutes as his heir and residuary legatee, Francesco di Borsano, residing at Milan. He names “a small property he has near Vaucluse” of which he desires to make a hospital for the poor, and if this could not be done he devises it to the son of Raymond de Clermont, surnamed Moneto. There are other unimportant clauses, after which comes the date, signature, and names of witnesses; he adds to it, however, a request to his heir to write as soon as possible after his death to his brother—a Carthusian in a convent at Marseilles (in conventu de Materino)—and to propose to either pay down to him a sum of 100 gold florins or an annuity of ten, as he might please. The whole terminates with these words: Ego Franciscus Petrarca scripsi, qui testamentum aliud fecissem, si essem dives, ut vulgus insanum putat.

Curious and suggestive as is this relic, the illustrious reformer of philosophy, eloquence, poetry, and—shall we not even add—of love, has left a yet more engaging clew to his grand character, not only in his simple and almost naïf “Epistle to Posterity,” but in a third paper consisting of the private memorandum written in the fly-leaf of his Virgil, evidently the outpouring of his heart and intended for no human eye. The concluding lines are touching in the extreme. What, indeed, can be more sublime than the lifelong devotedness of such a soul as Petrarch’s to the noblest and most beautiful, because the most disinterested, of sentiments—an all-absorbing and unaltered, yet pure and passionless, affection, and though surviving its object, losing none of its intensity!

“ ... This loss,” he says, writing of the death of Laura, “always present to my memory, will continually remind me that there is no state here below worthy to be called happy, and that it is time I should renounce the world since the dearest tie that linked me to it is snapped. I hope, by the help of Heaven, this resignation may become possible. My mind, in reverting to the past, will find that the solicitudes which occupied it were vain; the hope it cherished delusive; that the plans it formed were never to be realized, and could only lead to disappointment and distress.”

Petrarch was found dead in his library, his head resting on an open book, on the 18th July, 1374. He was within two days of seventy.

Will of Sir Walter Manney
(1371)

“Will of Sir Walter, Lord of Manney, Knight, London, St. Andrew’s Day, 1371. My body to be buried at God’s pleasure, but if it may be in the midst of the Quire of the Carthusians, called Our Lady, near West Smithfield, in the suburbs of London, of my foundation, but without any great pomp; and I Will that my Executors cause twenty masses to be said for my soul, and that every poor person coming to my funeral shall have a penny, to pray for me and the remission of my sins; to Mary, my sister a nun, x pounds; to my two bastard daughters, nuns, viz., to Mialosel and Malplesant, the one cc franks, the other c franks; to Cishbert, my cousin; to Margaret Mareschall, my dear wife, my plate which I bought of Robert Francis; also a girdle of gold, and a hook for a mantle, and likewise a garter of gold, with all my girdles and knives, all my beds and dossers in my wardrobe, excepting my folding bed, paly of blue and red, which I bequeath to my daughter of Pembroke; and I Will also that my said wife have all the goods which I purchased of Lord Segrave and the Countess Marshal. Also I Will that a tomb of alabaster, with my image as a knight, and my arms thereon, shall be made for me, like unto that of Sir John Beauchamp in Paul’s, in London. I Will that prayers be said for me, and for Alice de Henalt, Countess Marshal. And whereas the King oweth me an old debt of a thousand pounds, by bills of his wardrobe, I Will that, if it can be obtained, it shall be given to the Prior and Monks of the Charter-house. And whereas there is due to me from the Prince, from the time he had been Prince of Wales, the sum of c marks per annum, for my salary as Governor of Hardelagh Castle, I bequeath one half thereof to the said Prior and Monks of the Charter-house before mentioned, and the other half to the executors of my Will. To my wife, and my daughter Pembroke, fifteen M florins of gold, and five ‘vesseux estutes ph,’ which Duke Albert oweth me by obligation; to Sir Guy Bryan, Knt., my best chains, whom I also appoint my Executor.”

Will of Edward, Prince of Wales
(1376)

“In the name, &c., We, Edward, eldest son of the King of England and France, Prince of Wales, Duke of Cornwall, and Earl of Chester, the 7th June, 1376, in our apartment in the Palace of our Lord and Father the King at Westminster, being of good and sound memory, &c. We bequeath to the altar of Our Lady’s chapel at Canterbury two basons with our arms, and a large gilt chalice enamelled with the arms of Warren. To our son Richard the bed which the King our father gave us. To Sir Roger de Clarendon a silk bed. To Sir Robert de Walsham, our Confessor, a large bed of red camora, with our arms embroidered at each corner; also embroidered with the arms of Hereford. To Mons. Alayne Cheyne our bed of camora powdered with blue eagles. And we bequeath all our goods and chattels, jewels, &c., for the payment of our funeral and debts; after which we Will that our executors pay certain legacies to our poor servants. All annuities which we have given to our Knights, Esquires, and other our followers, in reward for their services, we desire to be fully paid. And we charge our son Richard, on our blessing, that he fulfil our bequests to them. And we appoint our very dear and beloved brother of Spain, Duke of Lancaster; the Reverend Fathers in God, William Bishop of Winchester, John Bishop of Bath; William Bishop of Asaph; our Confessor, Sir Robert de Walsham; Hugh de Segrave, Steward of our Lands; Aleyn Stokes; and John Fordham, our executors. In testimony of which we have put to this our last Will our privy seal, &c.”

“Published by John Ormesheved, Clerk, in the year 1376, in the presence of John Bishop of Hereford, Domini Lewis Clifford, Nicholas Bonde, and Nicholas de Scharnesford, Knights, and William de Walsham, Clerk; and of many other Knights, Clerks, and Esquires. Proved 4 idus June, 1376.”

Will of Lady Alice West
(1395)

Some wills, although they cannot be called curious, are highly interesting, and excite great curiosity in the reader. For instance, Lady Alice West, widow of Sir Thomas West who fought at the Battle of Crecy, and an ancestress of the De la Warr family, by her will, dated July 15, 1395, and proved on September 1 following, bequeaths to “Johane my doughter, my sone is wyf, a masse book, and alle the bokes that I have of latyn, englisch, and frencsh, out take the forsayd matyns book that is bequeth to Thomas my sone.” Who can help wondering what books, and particularly what English books, this good old lady had at a period five years before the death of Chaucer, and nearly eighty years before the first book was printed in England? Perhaps two of them were Robert of Gloucester’s “Rhyming Chronicles of England,” and Robert Langland’s “The Vision of Piers Ploughman.”

Will of Lady Alice Wyndsore
(1400)

“Will of Alice, widow of William Wyndsore, Knight, at Upmynster, on the Assumption of the Virgin Mary, August 15th, 1400, 1 Henry IV. My body to be buried in the parish Church of Upmynster on the north side before the altar of our Lady the Virgin; to the said Church one of my best oxen for a mortuary; for wax to burn about my body forty shillings; for ornaments to the said Church ten marks; for repairing the highways near the town forty shillings; I Will that ten marks be distributed to the poor on the day of my sepulture; to the Chaplain six marks; to John Pelham, Sacrist of that Church, three shillings and four pence; to Joane, my younger daughter, my manor of Gaynes, in Upmynster; to Jane and Joane, my daughters, all my other manors and advowsons which John Wyndsore, or others, have, by his consent, usurped, the which I desire my heirs and executors to recover and see them parted between my daughters, for that I say, on the pain of my soul, he hath no right there nor never had; my manor of Compton Murdac; to the poor of Upminster xx shillings. And I appoint Joane, my youngest daughter; John Kent, Mercer of London, my Executors; and Sir John Cusson, Knight, and Robert de Litton, Esquire, Overseers of this my Will.”

Will of Lady Joane Hungerford
(1411)

“Will of Joane Lady Hungerford, February 1, 1411. My body to be buried in the Chapel of St. Anne, in the Parish Church of Farleigh, Hungerford, next to the grave of my husband. I Will that, with all possible speed after my decease, my executors cause three thousand masses to be said for my soul, and for the souls of all the faithful deceased. Also I desire on my burial day that twelve torches and two tapers burn about my body, and that twelve poor women, holding the said torches, be cloathed in russet, with linen hoods, and having stockings and shoes suitable. I Will that ten pounds be bestowed to buy black cloth for the cloathing of my sons and daughters, as likewise for the sons and daughters of all my domestic servants. I Will that the two hundred marks now in the hands of my son, Sir Walter Hungerford, be given to found a perpetual chantry of one chaplain, to celebrate divine service in the Chapel of St. Anne, in the north part of the said Church of Farleigh, for the health of my soul, and the soul of my husband, and for the souls of all our ancestors forever; to Katherine, the wife of my said son Walter, my black mantle furred with minever, and to Thomas his son a green bed, embroidered with one greyhound.”

Will of Richard Berne
(1461)

“Will of Richard Berne, of Canterbury, 28th April, 1461. My body to be buried in the aisle before the cross, in the south part of St. Paul’s, at Canterbury. To the rebuilding of the bell tower of the monastery of St. Augustine ix l. to be paid as soon as the said work shall be begun; to the prisoners of the Castle of Canterbury and of Westgate vi s. viii d. each; to the Prioress of the Church of St. Sepulchre, towards the works of her Church, xiii s. iv d.; to the repair of the highway leading towards Sandwich, by St. Martin’s Hill and the Fishpoole, x l.; towards the repair of the highway in the Winecheape, between Bircholle’s Place and St. James’s Hospital, x l.; to Joan, my wife, my furniture and my best cart, and my five horses fit to draw it, with all their harness; to the building of the new bell tower of Tenterden vi s. viii d.”

The Will of Thomas Windsor, Esq.
(1479)

“Item. I Will that I have brennying (burning) at my burying and funeral service four tapers and twenty-two torches of wax, every taper to contain the weight of ten pounds and every torch sixteen pounds, which I Will that twenty-four very poor men and well disposed shall hold, as well at the time of my burying as at my monethe’s minde (month’s remembrance).

“Item. I Will that after my monethe’s minde done, the said four tapers be delivered to the church-wardens, &c.

“And that there be 100 children within the age of 16 years, to be at my monethe’s minde to pray for my soul ... that against my monethe’s minde the candles bren (burn) before the rude in the Parish Church.

“Also that at my monethe’s minde my executors provide 20 priests to sing plucebo dirige, &c.”

The Will of Sir Richard Hamerton, Knt.
(1480)

This will be found interesting from the characteristic style and quaint orthography in which it is penned; the detail, too, is eminently suggestive of a simplicity in the individual mind of the testator as well as of the social tone of the times, much at variance with the more complicated habits of our own day. Sir Richard, it must be remarked, was “the head of one of the most ancient and illustrious of the Craven families, the representatives of which still flourish and count up to more than twenty generations of Hamerton’s.”

“Richard Hamerton, knyghte, in my hole mynde and witt. To be beryed in the kirke of Preston in Craven, in the chapell of Our Ladye and Seignt Anne, in the southe syde of the saide kirke, wherein a chauntery is founded for a prest in perpetuite to syng for Lawrence Hamerton, esquier, and me, the said Richard Hamerton, knyghte, our wyffes, our childre, and all our ancestres.

“Item: I gyff in the name of my mortuary my beste hors, with my sadell, bridell, and othre thingis pertenying to the same.

“Item: I bequeth to the abbot and convent of the monastery of Sallay a standing maser covered and gilted, to pray for me.

“Item: I bequeth to my son William my best whyte cupp of sylver standing.

“Item: To my son Sir Stephen my salet gilted, ij basyns, ij lavers, ij chafours, ij pottes, vj doublers, xij dysshes, and vj sausers, according to my fader will, as apperith folowyng: i.e. to the saide Sir Stephen and to the heires male of his body; and for defaute, then to Raner Hamerton, son of John Hamerton, broder to the saide Sir Stephen; then to Roger Hamerton, broder to the saide Raner; then to William Hamerton, broder to the saide Sir Stephen; and for defaute I wille that the saide sylver plate shalle remayne to the abbot and convente of the monastery of Sallay for evermore; for which the saide abbot and convente and ther successoures shall praye for the saules of the said Lawrence Hamerton and Isabell his wyffe, and me, the saide Richarde and Dame Elizabeth my wyffe, our childre saules, and all our auncestres, and for those saules whose bodyes we wer most behalden unto in ther lyffes, and for all Cristen saules.

“Item: I bequeth to my saide son, Sr. Stephen, the tabel in the chapell, wt. all thingis belongyng the same, a ladell, ij brasse pottes of the grettest, ij garingsshe of pewder vessell, a chargiom, a handreth of yern iiij fete, iiij lange spyttes of yren. To my nevewe, John Hamerton, my grete countour in the hall. To my nese, his wyffe, a standing cuppe of sylver dim gilt.

“To my broder James ij oxen, and also my wyffe hath given to hym ij whyes.

“To Raner Hamerton a horse of ij yeres olde ambulyng, another of the same age that ambulys to Roger Hamerton.

“To Cristofer Jakson, a stot and xiij s. iiij d. of money. To Richard Clerk a don hors and xiij s. iiij d.

“To John Rayngill, a stot and whye. To Thomas Kay a stot of ij yeres olde. To William Iveson a styrk.

“To William Fisshe a whye styrk. To Robert Coke a styrk and a whye. To Majory Stowte a whye of age. To William Standen an oxe.

“Item: I bequeth to a priest xij mark to syng ij yeres for my saule, and my wyffe, and all Cristen saules. To iiij orders of Freres iiij l. To the Prior and Convent of the Monastery of Bolton xl s. I bekueth x marke to be distribute emonge my pore tennantes and neghtburs. I bequeth x marc to be distribute emonge pore falkes at the daye of my burying. I ordene and mak my wyffe, Dame Elizabeth, my sones, Sir Stephen and William Hamerton, myn executors. I bequeth ij stottes to William Scarburgh. To Richard Hamerton, my broder James son, a fylle of iij yere. To my wyffe a wayne wt. vj oxen. To my son William an othir wayne and vj oxen. To John Ellis the yonger a mair.

“Testibus Ricardo Parisshe, Ablate de Sallay, et Willelmo Scarburgh generoso.”

Will of “Arlotto, the Parson”
(1483)

“Arlotto, the Parson,” who is described as an Italian priest of “infinite jest and most excellent fancy,” who died in 1483, left among his testamentary documents a wish that the following words should be placed upon his tomb: “This sepulchre was made by the parson Arlotto, for himself and for any other man who may desire to enter therein.” These words remained upon his tomb until they were obliterated by time.

Will of John Turvyle
(1500)

In a will written about the year 1500, that of John Turvyle, of Newhall, Leicestershire, “Squyer,” there is a bequest to William, his “son and heire apparant,” of “a bason and an ewer of silver, warnyng and chargyng him, on my blessyng, and as he will answere afore God at the day of dome, that he shall bequeith them after his decesse to his son and heire apparant, and so under this manner and condicion the forsayd basyn and ewer of silver to go from heire to heire while the world endureth.” Which seems to show that the modern system of making particular articles heirlooms to go with the estates, so that they should be kept in the family, had not then been invented.

Will of Alice Love
(1506)

A specimen of a lady’s will gives some idea of the costumes and fashions of the day, and the store placed upon their wardrobes, which were not so easily replenished as they are now:

“In the name of God, amen—the 6th daye of the moneth of Octobre in the yere of our Lord God a thousand fyve hundred and sixe, I, Alice Love, the wife of Gyles Love of Rye, by the speciall license of my said husband, asked and opteyned [What does the modern woman think of this?], bequeath my parapharnalle—that is to seye, myn apparaill to my body belonging. First, I bequeith my sowle unto Almighty God, to our blessed Lady and to alle Saynts, my body to be buried in the chirch yarde of Rye nigh my husband’s Thomas Oxenbridge. [It will be seen that Gyles Love was this Lady’s second husband.] Item, to my moder my graye furred gowne with a long trayne; also a gowne clothe of russet, not made. Item, to my suster Mercy my best violet gowne furred with shanks. Item, to Margarette Philip my best wolstede kyrtill. Also I gyve to my suster Mercy my dymysent with peerles and a corse of gold. Item, to Thomas Oxenbridge my best gilt gyrdell that my husband Thomas Oxenbridge bought me to my wedding. Item, to Robert Oxenbridge a rede powdred corse, with a good harness, and to everiche of them a paire of bedys of rede corall. Item, to Besse Love my best crymsyn gowne, also her moder’s best girdell and her best bedys. Also to my suster Elizabeth Duke a long girdell gilt with a golden corse.”

Will of Christopher Columbus
(1506)

There seems to be much confusion as to the will of Columbus, although, in 1498, he made one, and it is known to have existed in 1530; but it is asserted that it was unsigned, and, moreover, that it was nullified by a later will he made in 1502, but which also is not to be found at the present time.

The only authentic will of his, therefore, that has descended to us is that preserved at Genoa, but which can only be called a codicil.

It is written on the fly-leaf of a book of “Hours,” richly bound and adorned, which Columbus had received from Pope Alexander VI., and to which he attached the greatest value; indeed, this is apparent, from the fact that it is the first object of which he disposes in this same codicil:

Codicillus more militari Christopheri Colombi.

Cum SS Alexander, PP. VI., me hoc devatissimo precum libello honoravit, summum mihi præbente solatium in captivitatibus, præliis et adversitatibus meis, volo ut post mortem meam pro memoria tradatur amantissimæ meæ patriæ republicæ Genuensi; et ob beneficia in eadem urbe recepta volo ex stabilibus in Italia redditibus erigi ibidem novum hospitale, ac pro pauperum in patria meliori substentatione, deficientique linea mea masculina in admiraltu meo Indiarum et annexis juxta privilegiis dicti regis insuccessorem declaro et substituo eamdem rempublicam Sancti Georgii.

Datum Valledoliti, 4 Maii, 1506.

S.
S. A. S.
X. M. V.
XPOFERENS.

The initial letters which precede the signature of the Christian name of Columbus (altered, however, into Christo-ferens) have never been explained, any more than the two eagles which also precede it; this spelling, however, need throw no doubt on its authenticity, as it is identical with the signatures of two letters, dated respectively 1502 and 1504, addressed to the Ambassador, Nicolas Oderigo.