Washington and the American Republic Part 43

_Item._--If _Charles Carter_, who intermarried with my niece, _Betty Lewis_, is not sufficiently secured in the t.i.tle to the lots he had of me in the town of Fredericksburg, it is my will and desire, that my executors shall make such conveyances of them as the law requires to render it perfect.

_Item._--To my nephew, _William Augustine Washington_, and his heirs (if he should conceive them to be objects worth prosecuting), a lot in the town of Manchester (opposite to Richmond), No. 265, drawn on my sole account, and also the tenth of one or two hundred-acre lots, and two of three half-acre lots, in the city and vicinity of Richmond, drawn in partnership with nine others, all in the lottery of the deceased _William Byrd_, are given; as is also a lot which I purchased of _John Hood_, conveyed by _William Willie_ and _Samuel Gordon_, trustees of the said _John Hood_, numbered 139, in the town of Edinburgh, in the County of Prince George, State of Virginia.

_Item._--To my nephew, _Bushrod Washington_,[136] I give and bequeath all the papers in my possession, which relate to my civil and military administration of the affairs of this country. I leave to him also such of my private papers as are worth preserving; and at the decease of my wife, and before, if she is not inclined to retain them, I give and bequeath my library of books and pamphlets of every kind.

_Item._--Having sold lands which I possessed in the State of Pennsylvania, and part of a tract held in equal right with _George Clinton_, late governor of New York, in the State of New York, my share of land and interest in the Great Dismal Swamp, and a tract of land which I owned in the County of Gloucester,--withholding the legal t.i.tles thereto, until the consideration money should be paid,--and having moreover leased and conditionally sold (as will appear by the tenor of the said leases) all my lands upon the Great Kenhawa, and a tract upon Difficult Run, in the County of Loudoun, it is my will and direction, that whensoever the contracts are fully and respectively complied with, according to the spirit, true intent, and meaning thereof, on the part of the purchasers, their heirs or a.s.signs, that then, and in that case, conveyances are to be made, agreeably to the terms of the said contracts, and the money arising therefrom, when paid, to be vested in bank stock; the dividends whereof, as of that also which is already vested therein, are to inure to my said wife during her life; but the stock itself is to remain and be subject to the general distribution hereafter directed.

_Item._--To the _Earl of Buchan_ I recommit the "Box made of the Oak that sheltered the great Sir _William Wallace_, after the battle of Falkirk," presented to me by his Lordship, in terms too flattering for me to repeat, with a request "to pa.s.s it, on the event of my decease, to the man in my country, who should appear to merit it best, upon the same conditions that have induced him to send it to me." Whether easy or not to select the man, who might comport with his Lordship's opinion in this respect, is not for me to say; but, conceiving that no disposition of this valuable curiosity can be more eligible than the recommitment of it to his own cabinet, agreeably to the original design of the Goldsmiths'

Company of Edinburgh, who presented it to him, and, at his request, consented that it should be transferred to me, I do give and bequeath the same to his Lordship; and, in case of his decease, to his heir, with my grateful thanks for the distinguished honor of presenting it to me, and more especially for the favorable sentiments with which he accompanied it.

_Item._--To my brother, _Charles Washington_, I give and bequeath the gold-headed cane left me by Dr. _Franklin_ in his will. I add nothing to it, because of the ample provision I have made for his issue. To the acquaintances and friends of my juvenile years, _Lawrence Washington_ and _Robert Washington_, of Chotanck, I give my other two gold-headed canes, having my arms engraved on them; and to each, as they will be useful where they live, I leave one of the spygla.s.ses, which const.i.tuted part of my equipage during the late war. To my compatriot in arms, and old and intimate friend, Dr. _Craik_, I give my bureau (or, as the cabinet-makers call it, tambour secretary) and the circular chair, an appendage of my study. To Dr. _David Stuart_ I give my large shaving and dressing table, and my telescope. To the Reverend, now _Bryan, Lord Fairfax_, I give a Bible, in three large folio volumes, with notes, presented to me by the Right Reverend _Thomas Wilson_, Bishop of Sodor and Man. To General _de Lafayette_ I give a pair of finely-wrought steel pistols, taken from the enemy in the revolutionary war. To my sisters-in-law, _Hannah Washington_ and _Mildred Washington_, to my friends, _Eleanor Stuart, Hannah Washington_, of Fairfield, and _Elizabeth Washington_, of Hayfield, I give each a mourning ring, of the value of one hundred dollars. These bequests are not made for the intrinsic value of them, but as mementoes of my esteem and regard. To _Tobias Lear_ I give the use of the farm, which he now holds in virtue of a lease from me to him and his deceased wife (for and during their natural lives), free from rent during his life; at the expiration of which, it is to be disposed of as is hereinafter directed. To _Sally B.

Haynie_ (a distant relation of mine) I give and bequeath three hundred dollars. To _Sarah Green_, daughter of the deceased _Thomas Bishop_, and to _Ann Walker_, daughter of _John Alton_, also deceased, I give each one hundred dollars, in consideration of the attachment of their fathers to me; each of whom having lived nearly forty years in my family. To each of my nephews, _William Augustine Washington_, _George Lewis_, _George Steptoe Washington_, _Bushrod Washington_, and _Samuel Washington_, I give one of the swords, or couteaux, of which I may die possessed; and they are to choose in the order they are named. These swords are accompanied with an injunction not to unsheathe them for the purpose of shedding blood, except it be for self-defence, or in defence of their country and its rights: and, in the latter case, to keep them unsheathed, and prefer falling with them in their hands to the relinquishment thereof.

And now, having gone through these specific devises, with explanations for the more correct understanding of the meaning and design of them, I proceed to the distribution of the more important parts of my estate, in manner following;

FIRST.--To my nephew, _Bushrod Washington_, and his heirs (partly in consideration of an intimation to his deceased father, while we were bachelors, and he had kindly undertaken to superintend my estate during my military services in the former war between Great Britain and France, that, if I should fall therein, Mount Vernon, then less extensive in domain than at present, should become his property), I give and bequeath all that part thereof, which is comprehended within the following limits, viz. Beginning at the ford of Dogue Run, near my Mill, and extending along the road, and bounded thereby, as it now goes, and ever has gone, since my recollection of it, to the ford of Little Hunting Creek, at the Gum Spring, until it comes to a knoll opposite to an old road, which formerly pa.s.sed through the lower field of Muddy-Hole Farm; at which, on the north side of the said road, are three red or Spanish oaks, marked as a corner, and a stone placed; thence by a line of trees, to be marked rectangular, to the back line or outer boundary of the tract between _Thompson Mason_ and myself: thence with that line easterly (now double ditching, with a post-and-rail fence thereon) to the run of Little Hunting Creek; thence with that run, which is the boundary between the lands of the late _Humphrey Peake_ and me, to the tide water of the said creek; thence by that water to Potomac River; thence with the river to the mouth of Dogue Creek; and thence with the said Dogue Creek to the place of beginning at the aforesaid ford; containing upwards of four thousand acres, be the same more or less, together with the mansion-house, and all other buildings and improvements thereon.

SECOND.--In consideration of the consanguinity between them and my wife, being as nearly related to her as to myself, as on account of the affection I had for, and the obligation I was under to, their father when living, who from his youth had attached himself to my person, and followed my fortunes through the vicissitudes of the late Revolution, afterwards devoting his time to the superintendence of my private concerns for many years, whilst my public employments rendered it impracticable for me to do it myself, thereby affording me essential services, and always performing them in a manner the most filial and respectful; for these reasons, I say, I give and bequeath to _George Fayette Washington_ and _Lawrence Augustine Washington_, and their heirs, my estate east of Little Hunting Creek, lying on the River Potomac, including the farm of three hundred and sixty acres, leased to _Tobias Lear_, as noticed before, and containing in the whole, by deed, two thousand and twenty-seven acres, be it more or less; which said estate it is my will and desire should be equitably and advantageously divided between them, according to quant.i.ty, quality, and other circ.u.mstances, when the youngest shall have arrived at the age of twenty-one years, by three judicious and disinterested men; one to be chosen by each of the brothers, and the third by these two. In the mean time, if the termination of my wife's interest therein should have ceased, the profits arising therefrom are to be applied for their joint uses and benefit.

THIRD.--And whereas it has always been my intention, since my expectation of having issue has ceased, to consider the grandchildren of my wife in the same light as I do my own relations, and to act a friendly part by them; more especially by the two whom we have raised from their earliest infancy, namely, _Eleanor Parke Custis_ and _George Washington Parke Custis_; and whereas the former of these hath lately intermarried with _Lawrence Lewis_, a son of my deceased sister, _Betty Lewis_, by which union the inducement to provide for them both has been increased; wherefore I give and bequeath to the said _Lawrence Lewis_, and _Eleanor Parke Lewis_, his wife, and their heirs, the residue of my Mount Vernon estate, not already devised to my nephew, _Bushrod Washington_, comprehended within the following description, viz. All the land north of the road leading from the ford of Dogue Run to the Gum Spring, as described in the devise of the other part of the tract to _Bushrod Washington_, until it comes to the stone and three red or Spanish oaks on the knoll; thence with the rectangular line to the back line (between Mr. _Mason_ and me); thence with that line westerly along the new double ditch to Dogue Run, by the tumbling dam of my Mill; thence with the said run to the ford aforementioned. To which I add all the land I possess west of the said Dogue Run and Dogue Creek, bounded easterly and southerly thereby; together with the mill, distillery, and all other houses and improvements on the premises, making together about two thousand acres, be it more or less.

FOURTH.--Actuated by the principle already mentioned, I give and bequeath to _George Washington Parke Custis_, the grandson of my wife, and my ward, and to his heirs, the tract I hold on Four Mile Run, in the vicinity of Alexandria, containing one thousand two hundred acres, more or less, and my entire square, No. 21, in the city of Washington.

FIFTH.--All the rest and residue of my estate real and personal, not disposed of in manner aforesaid, in whatsoever consisting, wheresoever lying, and whensoever found (a schedule of which, as far as is recollected, with a reasonable estimate of its value, is hereunto annexed), I desire may be sold by my executors, at such times, in such manner, and on such credits (if an equal, valid, and satisfactory distribution of the specific property cannot be made without), as in their judgment shall be most conducive to the interest of the parties concerned; and the moneys arising therefrom to be divided into twenty-three equal parts, and applied as follows, viz. To _William Augustine Washington_, _Elizabeth Spotswood_, _Jane Thornton_, and the heirs of _Ann Ashton_, sons and daughters of my deceased brother, _Augustine Washington_, I give and bequeath four parts; that is, one part to each of them. To _Fielding Lewis_, _George Lewis_, _Robert Lewis_, _Howell Lewis_, and _Betty Carter_, sons and daughters of my deceased sister, _Betty Lewis_, I give and bequeath five other parts; one to each of them. To _George Steptoe Washington_, _Lawrence Augustine Washington_, _Harriot Parks_, and the heirs of _Thornton Washington_, sons and daughters of my deceased brother _Samuel Washington_, I give and bequeath other four parts; one to each of them. To _Corbin Washington_, and the heirs of _Jane Washington_, son and daughter of my deceased brother, _John Augustine Washington_, I give and bequeath two parts; one to each of them. To _Samuel Washington_, _Frances Ball_, and _Mildred Hammond_, son and daughters of my brother _Charles Washington_, I give and bequeath three parts; one part to each of them. And to _George Fayette Washington_, _Charles Augustine Washington_, and _Maria Washington_, sons and daughter of my deceased nephew, _George Augustine Washington_, I give one other part; that is, to each a third of that part. To _Elizabeth Parke Law_, _Martha Parke Peter_, and _Eleanor Parke Lewis_, I give and bequeath three other parts; that is, a part to each of them. And to my nephews, _Bushrod Washington_ and _Lawrence Lewis_, and to my ward, the grandson of my wife, I give and bequeath one other part; that is, a third thereof to each of them. And, if it should so happen, that any of the persons whose names are here enumerated (unknown to me) should now be dead, or should die before me, that in either of these cases, the heirs of such deceased person shall, notwithstanding, derive all the benefits of the bequest, in the same manner as if he or she was actually living at the time. And, by way of advice, I recommend it to my executors not to be precipitate in disposing of the landed property (herein directed to be sold), if from temporary causes the sale thereof should be dull; experience having fully evinced, that the price of land, especially above the falls of the river and on the western waters, has been progressively rising, and cannot be long checked in its increasing value. And I particularly recommend it to such of the legatees (under this clause of my will), as can make it convenient, to take each a share of my stock in the Potomac Company, in preference to the amount of what it might sell for; being thoroughly convinced myself, that no uses to which the money can be applied, will be so productive as the tolls arising from this navigation when in full operation (and thus, from the nature of things, it must be, ere long), and more especially if that of the Shenandoah is added thereto.

The family vault at Mount Vernon requiring repairs, and being improperly situated besides, I desire that a new one of brick, and upon a larger scale, may be built at the foot of what is commonly called the Vineyard Enclosure, on the ground which is marked out; in which my remains, with those of my deceased relations (now in the old vault), and such others of my family as may choose to be entombed there, may be deposited. And it is my express desire, that my corpse may be interred in a private manner, without parade or funeral oration.

LASTLY, I const.i.tute and appoint my dearly beloved wife, _Martha Washington_, my nephews, _William Augustine Washington_, _Bushrod Washington_, _George Steptoe Washington_, _Samuel Washington_, and _Lawrence Lewis_, and my ward, _George Washington Parke Custis_ (when he shall have arrived at the age of twenty-one years), executrix and executors of this my will and testament; in the construction of which it will be readily perceived, that no professional character has been consulted, or has had any agency in the draft; and that, although it has occupied many of my leisure hours to digest, and to throw it into its present form, it may, notwithstanding, appear crude and incorrect; but, having endeavored to be plain and explicit in all the devises, even at the expense of prolixity, perhaps of tautology, I hope and trust that no disputes will arise concerning them. But if, contrary to expectation, the case should be otherwise, from the want of legal expressions, or the usual technical terms, or because too much or too little has been said on any of the devises to be consonant with law, my will and direction expressly is, that all disputes (if unhappily any should arise) shall be decided by three impartial and intelligent men, known for their probity and good understanding; two to be chosen by the disputants, each having the choice of one, and the third by those two; which three men, thus chosen, shall, unfettered by law or legal constructions, declare their sense of the testator's intention; and such decision is, to all intents and purposes, to be as binding on the parties as if it had been given in the Supreme Court of the United States.

_In witness of all and of each of the things herein contained, I have set my hand and seal, this ninth day of July, in the year one thousand seven hundred and ninety,[135] and of the Independence of the United States the twenty-fourth._

GEORGE WASHINGTON.

SCHEDULE OF PROPERTY

_Comprehended in the foregoing Will, which is directed to be sold; and some of it conditionally is sold; with descriptive and Explanatory Notes relative thereto._

IN VIRGINIA.

Price.

Acres. Dollars. Dollars.

Loudoun County, Difficult Run, 300 6,666 _a_ Loudoun and Fauquier, Ashby's Bent, 2481 10 24,810} _b_ Chattin's Run, 885 8 7,080} _b_ Berkeley, South Fork of Bullskin, 1600 Head of Evan's M., 453 In Wormeley's Line, 183 ---- 2236 20 44,720 _c_

Frederic, bought from Mercer, 571 20 11,420 _d_ Hampshire, on Potomac River, above B., 240 15 3,600 _e_

Acres. Price. Dollars.

Gloucester, on North River, 400 about 3,600 _f_ Nansemond, near Suffolk, one third of 1119 acres, 373 8 2,984 _g_ Great Dismal Swamp, my dividend thereof, about 20,000 _h_ Ohio River, Round Bottom, 587 Little Kenhawa, 2314 Sixteen miles lower down, 2448 Opposite Big Bent, 4395 ------ 9744 10 97,440 _i_ Great Kenhawa, Near the mouth, west, 10990 East side, above, 7276 Mouth of Cole River, 2000 Opposite thereto, 2950 Burning Spring, 125 ---- 3075 ------ 200,000 _k_

MARYLAND.

Charles County 600 6 3,600 _l_ Montgomery County, 519 12 6,228 _m_

PENNSYLVANIA.

Great Meadows 234 6 1,404 _n_

NEW YORK.

Mohawk River, about 1000 6 6,000 _o_

NORTHWEST TERRITORY.

On Little Miami, 839 Ditto, 977 Ditto, 1235 ------ 3051 5 15,255 _p_ KENTUCKY.

Rough Creek, 3000 Ditto, adjoining, 2000 ------ 5000 2 10,000 _q_

LOTS.

CITY OF WASHINGTON.

Two near the Capitol, Square 634, cost 963 dollars, and with buildings, 15,000 _r_ Nos. 5, 12, 13, and 14, the last three water lots on the Eastern Branch, in Square 667, containing together 34,438 square feet, at 12 cents, 4,132 _s_

ALEXANDRIA.

Corner of Pitt and Prince streets, half an acre, laid out into building lots, three or four of which are let on ground rent, at three dollars per foot, 4,000 _t_

WINCHESTER.

A lot in the town, of half an acre, and another on the common, of about six acres, supposed, 400 _u_

BATH, OR WARM SPRINGS.

Two well-situated and handsome buildings, to the amount of 150, 800 _v_

STOCK.

Dollars.

United States 6 per cent. 3,746 Ditto, deferred, 1,873 Ditto, 3 per cent. 2,946 ------ 2,500

------ 6,246 _w_

Potomac Company, 24 shares, cost each 100 sterling, 10,666 _x_ James River Company, 5 shares, each cost 100 dollars, 500 _y_ Bank of Columbia, 170 shares, 40 dollars each, 6,800} _z_ Bank of Alexandria, 1,000} _z_ Besides 20 shares in the free school,--5.

STOCK LIVING.