Yale University Library iiPiiwiiilllf 39002002948199 Cb36360 YALE UNIVERSITY Xx LIBRARY %fss™l 4"! ' .'; - ,{"^sr' LAST WILL AND TESTAMENT of,: GEORGE WASHINGTON OF MOUNT VERNON THE ONLY AUTHENTICATED. COPY, TOLL AND: ...„¦ COMPLETE, EMBRACING A SCHEDULE 'OF HIS REAL ESTATE, AJ!}D EXPLANATORY NOTES THERETO BY THE TESTATOR; TO WHICH IS ADDED jMPORTANT HISTORICAL NOTES, BIO GRAPHICAL SKETCHES, AND ANECDOTES ; PRESENTED BY MR. HEYBURN August S, 1911. — Ordered to be printed, with illustrations WASHINGTON . 1911 "^¦r^zr^Ti 62d Congress) oomattt /Document 1st Session / SENATE j No< 86 LAST WILL AND TESTAMENT OF GEORGE WASHINGTON OF MOUNT VERNON , THE ONLY AUTHENTICATED COPY, FULL AND COMPLETE, EMBRACING A SCHEDULE OF HIS REAL ESTATE, AND EXPLANATORY NOTES THERETO BY THE TESTATOR; TO WHICH IS ADDED IMPORTANT HISTORICAL NOTES, BIO GRAPHICAL SKETCHES, AND ANECDOTES PRESENTED BY MR. HEYBURN August 5, 1911. — Ordered to be printed, with illustrations WASHINGTON 1911 YALE. C L> 't € . i CONTENTS. Page- Washington Coat of Arms iv Dedication iv Preface to first Edition v Preface to second Edition vi The Will i to 29 Schedule of Property comprehended in the Will 30 to 33 Descriptive and explanatory notes by the Testator 34 to 42 NOTES OF THE PUBLISHER. Notb A.. Genealogy of the Washingtons 44 ¦j. History of Mt. Vernon and the "Mt. Vernon Ladies' Association of the Union " 45 4. History of the " Will " before, during and since, the late civil war. Notice of the death and burial of Washington. History of Fairfax County, Va. 50 5. Mrs. Martha Washington and the Custis family. Anecdote of Col. John Custis 54 6. " Freedom to Slaves " 55 7. Dower Negroes 56 10. Washington's Body Servant 56 11. Alexandria Academy endowed by Washington .. ... 56 12. Washington the projector of the "James River and Kanawha " and of the "Erie Canals" 57 13. Washington advocates the establishment of a University 58 14. Washington and Lee University 58 17. Biographical Sketch of Judge Bushrod Washington 60 19J. Extract from Will of Dr. Franklin 61 21. Biographical Sketch of Dr. Craik 61 22. Dr. Bryan Lord Fairfax and the Fairfaxes 62 22^. Notice of Washington's family Bible 64 23. Sketch of General de La Fayette 64 24. Netice of Tobias Lear 65 25. Lund Washington, the General's farm manager 66 26. The Custis Children 66 27. "Arlington " U. S. Cemetery 66 III TO ALL WHO CHERISH THE BLESSED MEMORY OF THE GREAT AND GOOD WASHINGTON, "THE FATHER OF HIS COUNTRY," " THE FOUNDER OF LIBERTY," "THE FRIEND AND BENEFACTOR OF MANKIND," THIS LITTLE VOLUME IS RESPECTFULLY DEDICATED. IV THE WILL, ETC., ETC. STATE OF VIRGINIA. Fairfax County, To Wit I Ferdinand D. Richardson Clerk of the County Court of said County, do hereby Certify that, this Copy of the Last Will and Testament of General George Washington with the Schedule and his notes thereto attached, has been carefully examined and compared with the Original now on file in my Office among the Records of the said Court, and further, that, I find the same to be in all respects a correct copy of the same. In Testimony whereof I have hereunto subscribed my name and affixed the seal of the said Court this 14 day of April A D 1868, and in the 92 year of the Commonwealth. F. D. RICHARDSON c c In the name of God, Amen ! I George Washington 1 of Mount Vernon,2 a citizen of the United States and lately President of the same do make ordain and declare this Instrument, which is written with my own hand and every page 3 there- -of subscribed with my name to be my last Will & Testament,4 revo- -king all others. — Imprimus — All my debts, of which there are but few, and none of magnitude, are to be punctually and speedily paid, and the legacies hereinafter bequeathed are to be discharged as soon as cir- -cumstances will permit, and in the manner directed. Item — To my dearly beloved wife, Mar- -tha Washington 5 I give and bequeath the use profit and benefit of my whole Estate, real and personal, for the term of her natural life, except such parts thereof as are specially disposed of hereafter, — My improved lot in the Town of Alexandria, situated on Pitt and Cameron Streets, I give to her & her heirs forever, as I also do my T&2S7D Last Will and Testament. household and kitchen furniture of every sort and kind with the liquors and groceries which may be on hand at the time of my decease, to be used and disposed of as she may think proper. Item — Upon the decease of wife it is my will and desire, that all the slaves which I hold in my own right shall receive their freedom 6 — To emanci pate them during her life, would tho earnestly wished by me, be attended with such insuperable difficulties, on account of their intermixture by mar- -riages with the Dower negroes 7 as to excite the most painful sensations, — if not disagreeable consequences from the later while both descriptions are in the occupancy of the same propri- -etor, it not being in my power under the tenure by which the dower Negroes are held to manumit them And whereas among those who will re ceive freedom according to this de- -vise there may be some who from old age, or bodily infirmities & others who on account of their infancy, that will be unable to support themselves,8 it is my will and desire that all who come under the first and second descrip- -tion shall be comfortably clothed and fed by my heirs while they live and Last Will and Testament. that such of the latter description as have no parents riving, or if living are unable, or unwilling to provide for them, shall be bound by the Court until they shall arrive at the age of twenty five years, and in cases where no record can be produced whereby their ages can be ascertained, the Judg- -ment of the Court upon it's own view of the subject shall be adequate and final. 1The negroes thus bound are (by their masters or mistresses) to be taught to read and write 9 and to be brought up to some useful occupation, agree- -ably to the laws of the commonwealth of Virginia, providing for the support of orphans and other poor children — and I do hereby expressly forbid the sale or transportation out of the said Commonwealth of any Slave I may die possessed of, under any pretence, whatsoever — and I do moreover most positively, and most solemnly enjoin it upon my Executors hereafter named, or the survivors of them to see that this clause respecting slaves and every part thereof be religious- -ly fulfilled at the Epoch at which it is directed to take place without evasion neglect or delay after the crops which may then may be on the ground are harvested, particularly as it respects — ^oxJ Last Will and Testament. the aged and infirm, seeing that a re gular and permanent fund be established for their support so long as there are subjects requiring it, not trusting to the uncertain provisions to be made by individuals. And to my mulatto man, William (calling himself William Lee 10) I give immediate freedom or if he should prefer it (on account of the accidents which have befallen him and which have rendered him incapable o'f walking or of any active employment) to remain in the situation he now is, it shall be optional in him to do so — In either case however I allow him an annuity of thirty dollars during his natural life which shall be indepen dent of the victuals and cloaths he has been accustomed to receive; If he chuses the last alternative, but in full with his freedom, if he prefers the first, and this I give him as a testimony of my sense of his attachment to me and for his faithful services during the revolutionary War. Item — To the Trustees, (Governors or by what soever other name they may be designated) of the Academy in the Town of Alexan dria,11 I give and bequeath, in Trust, Four thousand dollars, or in other words twenty of the shares which I Ss^ET> Last Will and Testament. hold in the Bank of Alexandria to- -wards the support of a Free School, es tablished at, and annexed to the said Acad- -emy for the purpose of educating such orphan children, or the children of such other poor and indigent persons as are unable to accomplish it with their own means, and who in the judgment of the trustees of the said Seminary, are best entitled to the benefit of this donation — The aforesaid twenty shares I give and bequeath in perpetuity — the dividends only of which are to be drawn for and applied by the said Trustees for the time being, for the uses above mentioned, the stock to remain entire and untouched unless indications of a failure of the said Bank should be so apparent or discontinuance thereof should render a removal of this fund necessary, in either of these cases the amount of the stock here devised is to be vested in some other bank or public institution whereby the interest may with regularity and certainty be drawn and applied as above. And to prevent misconception, my mean- -ing is, and is hereby declared to be that, these twenty shares are in lieu of and not in addition to the Thousand pounds given by a missive letter some years ago in consequence whereof an an- Last Will and Testament. -nuity of fifty pounds has since been paid toward the support of this institution Item — Whereas by a law of the Commonwealth of Virginia, enacted in the year 1785, the Legislature thereof was pleased (as an evidence of it's approbation of the services I had rendered the public during the Revolution — and partly, I believe in consideration of my having suggested the vast advantages which the com- -munity would derive from the exten sion of its Inland navigation, under Legislative patronage) to present me with one hundred shares, of one hundred dollars each, in the incorporated company established for the purpose of exten ding the navigation of James River from tide water to the mountains ; and also with fifty shares of one hundred pounds sterling each in the corporation of another company like- -wise established for the similar pur- -pose of opening the navigation of the River Potomac from tide water to Fort Cumberland; 12 the acceptance of which, although the offer was high- -ly honorable and grateful to my feelings, was refused, as inconsistent with a principle which I had adop- .<-< ^^^^^^C^ay^fecO Last Will and Testament. -ted, and had never departed from, namely not to receive pecuniary compensation for any services I could render my country in it's arduous strug gle with Great Britain for it's Rights; and because I had evaded similar prop- -ositions from other States in the Union — adding to this refusal however an intimation, that, if it should be the pleasure of the Legislature to permit me to appropriate the said shares to public uses, I would receive them on those terms with due sensibility — and this it having consented to in flattering terms, as will appear by a subsequent law and sundry resolutions, in the most ample and honorable manner, I proceed after this recital for the more correct understanding of the case to declare — That as it has always been a source of serious regret with me to see the youth of these United States sent to foreign countries for the pur- -pose of education, often before their minds were formed or they had im- -bibed any adequate ideas of the hap piness of their own, contracting too frequently not only habits of dissipa tion and extravagence, but principles unfriendly to Republican Govemm't and to the true and genuine liberties gfecO Last Will and Testament. of mankind, which thereafter are rarely overcome. For these reasons it has been my ardent wish to see a plan devised on a liberal scale which would have a tendency to spread systamatic ideas through all parts of this rising Empire, thereby to do away local attachments and State prejudices as far as the nature of things would, or indeed ought to ad- -mit, from our national councils — — Looking anxiously forward to the accomplisment of so desira- -ble an object as this is, (in my esti- -mation) my mind has not been able to contemplate any plan more likely to effect the measure than the estab lishment of a University in a central part of the United States to which the youth of fortune and talents from all parts thereof might be sent for the completion of their education in all the branches of polite literature in arts and sciences — in acquiring knowledge in the prin ciples of Politics and good Government — and (as a matter of infinite impor- -portance in my judgment) by associ- -ating with each other and forming friend- -ships in Juvenile years, be enabled to free themselves in a proper degree from those local prejudices and habit- Last Will and Testament. -ual jealousies which have just been mentioned and which when carried to excess are never failing sources of disquietude to the Public mind and pregnant of mischieveous consequen ces to this country : — Under these impressions so fully dilated, — Item — I give and bequeath in per- -petuity the fifty shares which I hold in the Potomac Company (under the aforesaid Acts of the Legislature of Vir ginia) towards the endowment of a University 13 to be established within the limits of the District of Columbia, under the auspices of the General Government, if that Government should incline to ex- -tend a fostering hand towards it, — and until such seminary is estab lished, and the funds arising on these shares shall be required for its support, my further will and desire is that the profit accruing therefrom shall whenever the dividends are made, be laid out in purchasing stock in the Bank of Columbia or some other Bank at the discretion of my Executors, or by the Treasurer of the United States for the time being under the direction of Congress, provided that Honorable body should io Last Will and Testament. patronize the measure. And the divi dends proceeding from the purchase of such Stock is to be vested in more Stock and so on until a sum ade quate to the accomplishment of the object is obtained, of which I have not the smallest doubt before many years pass away, even if no aid or encouraged is given by Legisla tive authority or from any other source. ITEM— The hundred shares which I held in the James River Company I have given and now confirm in perpetuity to and for the use and benefit of Lib erty Hall Academy14 in the County of Rockbridge, in the Commonwealth of Virga ITEM — I release exonorate and discharge the estate of my deceased brother, Sam uel Washington from the payment, of the money which is due to me for the land I sold to Philip Pendleton (lying in the county of Berkley) who assigned the same to him the said Samuel, who by agreement was to pay me therefor. — And whereas by some contract (the purport of which was never communicated to me) between the said Samuel and his son Thornton Washington, the latter became pos sessed of the aforesaid land without c^^^^^fc^yp^^T) Last Will and Testament. II any conveyance having passed from me either to the said Pendleton the said Samuel or the said Thornton and without any consideration having been made, by which neglect neither the legal or equitable title has been alienated ; — it rests therefore with me to declare my intentions concerning the premises — And these are to give and bequeath the said land to whomsoever the said Thornton Washington (who is also dead) devised the same or to his heirs forever, if he died intestate.— Exonerating the estate of the said Thornton, equally with that of the said Samuel from payment of the purchase-money, which with In- -terest agreeably to the original con- -tract with the said Pendleton would amount to more than a thousand pounds 15 And whereas two other sons of my said deceased brother Samuel, — namely, George Steptoe Washington and Laurence Augustine Washington were by the decease of those to whose care they were committed, brought under my protection, and in consequence have occasioned advances on my part for their education at college and other schools for their board claothing and other incidental expenses to the amount of near 5007" — S. Doc. 86, 62-1 — 11- 12 Last Will and Testament. five thousand dollars over and above the sums furnished by their estate, wch sum may be inconvenient for them or their father's Estate to refund. — I do for these reasons acquit them and the said Estate from the pay- -ment thereof. — My intention being that all accounts between them and me and their father's Estate and me shall stand balanced. — ITEM — The balance due to me from the Estate of Bartholomew Dandridge de- -ceased, (my wife's brother) and which amounted on the first day of October, J795. t° Four hundred and twenty five pounds (as will appear by an account rendered by his deceased son, John Dandridge, who was the acting Executor of his father's will) I release & acquit from the payment thereof. And the negros (then thirty three in num ber) formerly belonging to the said Estate who were taken in Execution, — sold — purchased in, on my account in the year and ever since have remained in the posses sion and to the use of Mary, widow of the said Bartholomew Dandridge with their increase, it is my will and desire, shall continue and be in her possession, without paying hire or making >-< <^&5&£<^£t>?rj0i£EyX-J Last Will and Testament. 13 compensation for the same for the time past or to come during her natural life, at the expiration of which, I direct that all of them who are forty years old and upwards shall receive their freedom, all under that age and above sixteen shall serve seven years and no longer, and all under sixteen years shall serve until they are twenty-five years of age and then be free.16 And to avoid disputes respecting the ages of any of these negros they are to be taken to the Court of the County in which they reside and the judgment thereof in this relation shall be final and a record thereof made, which may be adduced as evidence at any time thereafter if disputes should arise concerning the same. And I further direct that the heirs of the said Bartholomew Dandridge shall equally share the benefits arising from the services of the said negros ac- -cording to the tenor of this devise upon the decease of their mother. Item — If Charles Carter who inter- -married with my niece, Betty Lewis, is not sufficiently secured in the title to the lots he had of me in the town of Fredericks- -burg, it is my will and desire that my Executors shall make such conveyances 14 Last Will and Testament. of them as the law requires to render it perfect. Item — To my nephew, Wm. Augustine Washington and his heirs (if he should conceive them to be objects worth prosecuting) and to his heirs a lot in the town of Man chester (opposite to Richmond) No. 265 — drawn on my sole account and also the tenth of one or two hundred acre lots and two or three half acre lots in the city and vicinity of Richmond, drawn in part nership 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 Saml Gordon Trustees of the said John Hood, num- -bered 139 in the town of Edenburgh in the County of Prince George, State of Virginia. Item — To my nephew, Bushrod Washington 17 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 — wife and before, if she is not inclined to retain them, I give and bequeath my library of Books and pamphlets of every kind. Last Will and Testament. 15 ITEM — Having sold lands which I pos sessed in the State of Pennsylvania and part of a tract held in equal right, with George Clinton, late Gover nor 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 titles thereto until the con sideration 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 Kanhawa 18 and the tract upon Difficult Run in the County of Loudon,19 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 assigns, 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, is to inure to my said wife during her life but the Stock its'self is to remain & l6 Last Will and Testament. be subject to the general distribution hereafter directed. ITEM — To the Earl of Buchan I recom mit, "The Box made of the Oak that "sheltered the Great Sir William Wal- " -lace after the battle of Falkirk"— presented to me by his Lordship in terms too flattering for me to repeat, — with a request "To pass it, on the event " of my decease to the man in my "Country who should appear to merit "it best, upon the same conditions "that have induced him to send it "to me." — Whether easy or not to select the man who might comport with his Lordship's opinion in this respect, is not for me to say, but con ceiving that no disposition of this valuable curiosity, can be more eli- -gable than the re-commitment of it to his own cabinet agreeably to the original design of the Goldsmith's — Company of Edinburgh, who presen- -ted 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 de cease, to his heir with my grateful thanks for the distinguished honor of presenting it to me, and more es pecially for the favorable sentiments >-< c^^^^^€e^^©^r> Last Will and Testament. 17 with which he accompanied it Item — To my brother Charles Washington I give and bequeath the Gold-headed cane left me by Doct'r Franklin in his will — 19i 1 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 20 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 spy glasses which constituted part of my equipage during the late war To my com- -patriot in arms and old and intimate friend Doct'r Craik,21 I give my Bureau (or as the Cabinet makers called it Tam- -bour Secretary) and the circular chair, an appendage of my study To Doct'r David Stuart I give my large shaving and dressing Table, and my Tel escope To the Reverend, now Bryan Lord Fairfax 22 1 give a Bible 22i in three large folio volumes with notes, presented to me by the Right Reverend Thomas Wilson, Bishop of Sodor & Man To General de la Fayette 23 1 give a pair of finely wrought steel pistols taken from the enemy in the Revolutionary war To my sisters in law .<-<. c^S^£iy^S5D Last Will and Testament. Hannah Washington, and Mildred Wash- -ington; — 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 intrins- -ic value of them, but as mementos of my esteem and regard To Tobias Lear 24 1 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 ex- -piration of which it is to be disposed as is hereafter 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 Jno Alton, also deceased I give each one hundred dollars, in consideration of the attachment of their father to me, each of whom having lived nearly forty years in my family. — To each of my nephews William Augustine Washington, George Lewis, George Steptoe Washington. — Bushrod Washington, and Samuel Washington, I give one of the swords or cutteaux of which I may die pos- -< c^I^i/*£iy5S5D 20 Last Will and Testament. -ded 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 knowl opposite to an old road which formerly passed 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 Thomas 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 of 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, .—C C^5^tS^$€c>Ul/>263oO Last Will and Testament. 21 and all other buildings and improvemts thereon. Secondly — In consideration of the consanguinity between them and my wife, being as as nearly related to her as to my self, 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 viscisitudes of the late Revolution, afterwards devoting his time to the superintendence of my private concerns for many years whilst my public employments rendered it im- -practicable 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 Laurence Augustine Washington25 & their heirs my Estate east of little hunting creek lying on the River Potomac, including the farm of 360, acres, leased to Tobias Lear as noticed before and containing in the whole, by deeds, Two thousand & 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 quantity, quality & other circumstances when 22 Last Will and Testament. 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 wifes 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 grand children 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 reared from their earliest infancy, namely, Eleanor Parke Custis and George Washington Parke Custis ; 2e 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 Washing- -ton comprehended within the fol- Last Will and Testament. 23 -lowing description. — viz — all the land north of the Road leading from the ford of Dogue Run to the Gum Spring as de scribed 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 knowl. — thence with the rectangular fine to the back line (between Mr Mason and me) — thence with that fine westerly, along the new double ditch to Dogue Run, by 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 & Dogue Crk bonded, Easterly & 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 aheady mentioned, I give and bequeath to George Washington Parke Custis the Grand son 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 thousd two hundred acres more or less ;27 — & my entire Square, number twenty one, in the City of Washington. — 24 Last Will and Testament. Fifth All the rest and residue of my Estate, real and personal, not disposed of in manner aforesaid — In whatso ever consisting— wheresoever lying, and whensoever found— a Schedule of which as far as is recollected, with a reason- -able estimate of its value is hereunto annexed— I desire may be sold by my Executors at such times — in such man- -ner, 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 inter ests of the parties concerned, and the monies 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 ; son 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 & Betty Carter, sons and daughter of my de ceased sister Betty Lewis I give & be queath five other parts — one to each of them To George Steptoe Washington Laurence Augustine Washington, Harriot Last Will and Testament. 25 Parks, and the heirs of Thornton Wash ington, sons and daughter of my deceased brother Samuel Washington, I give and bequeath other four parts, one part to each of them. To Corbin Washington, and the heirs of Jane Washington, son & daugh ter of my deceased brother John Augus- -tine Washington, I give and bequeath two parts; — one part to each of them; To Samuel Washington, Francis Ball & Mildred Hammond, son and daugh ters 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, Geo: 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 & Lawrence Lewis, — and to my ward, the grand son 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 ennu- -merated (unknown to me) should now 26 Last Will and Testament. be deceased, or should die before me, that in either of these cases, the heirs of such deceased, person shall, not- -withstanding derive all the benefit of the bequest, in the same manner as if he, or she, was actually Hving at the time And by way of advice, I recom- -mend it to my Executors not to be pre cipitate 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 Rivers & on the Western Waters) have been progressively rising, and cannot be long checked in it's increasing value. and I particularly rec- commend 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 this from the nature of things it must be 'ere long) and more especially if that of the Shanan- -doah is added thereto. — ifeO-J Last Will and Testament. 27 The family Vault at Mount Ver- -non requiring repairs, and being improperly situated besides, I desire that a new one of Brick, and upon a larger scale, may be built at the foot of what is commonly called the Vineyard Inclosure, — on the ground which is marked out.28 — In which my remains, with those of my deceased relatives (now in the Old Vault) and such others of my family as may chuse to be entombed there, may be deposited. — And it is my express desire that my Corpse may be inter- -red in a private manner, without parade or funeral oration. Lastly — I constitute and appoint my dearly beloved wife Martha Wash ington, my nephews William Augus- -tine Washington, Bushrod Washington George Steptoe Washington, Samuel Washington & Lawrence Lewis, & my ward, George Washington Parke Custis (when he shall have arrived at the age of twenty years) Executrix & Executors of this Will & Testament, — — In the construction of which it will readily be perceived that no professional character has been consulted or has had any agency in the draught — and that, although it has occupied S°°7 ' — S. Doc. 86, 62-1 — 11- 28 Last Will and Testament. many of my leisure hours to digest & to through 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 ex- -pression, 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 understand ing; 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 construc- -tions, 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.29— ^eeLJ Last Will and Testament. 29 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 hun- -dred and ninety* and of the Independence of the United States, the Twenty fourth. *It appears the Testator omitted the word "nine." 30 Last Will and Testament. Schedule of Property comprehended in the foregoing Will, which is directed to be sold, and some of it, conditionally is sold; with descriptive and explanitory notes relative thereto. IN VIRGINIA. ACEE8. PEIOE. DOLLARS. Loudoun County — Difficult Run 300 6. 666 (a) Loudoun & Fauquier — Ashby's Bent 2, 481 $10 24. 810I ,,. Chattin's Run 885 8 7. 080) *¦ ' Berkley — So. Fork of Bullskin, ... 1, 600] Head of Evan's M . . . 453! In Wormley's Line, .... 183] 2, 236 20 44. 720 (c) Frederick — Bought from Mercer ... . 571 20 11.420 (d) Hampshire — On Potk. River above B . 240 15 3.600 (e) Gloucester — On North River 400 abt 3. 600 (/) NansEmond — Near Suffolk H oi\ 0 0 in9 Acres.... ....I 373 8 2.984 (?) Great Dismal Swamp — My dividend thereof abt 20. 000 Qi) Ohio River — Round Bottom 587 Little Kanhawa 2, 314 2, 901 $124,880. Last Will and Testament. Schedule — Continued . ACRES. PRICB. Amount brought over. . . 2, 901 16 miles lower down .... 2, 448 Opposite Big Bent 4, 395 9, 744 10 Great Kanhawa — Near the mouth west. . . 10, 990 East Side above 7, 276 Mouth of Cole River .... 2, 000 Opposite thereto 2, 950 Burning Spring 125 23, 34i Maryland — Charles County 600 6 Montgomery County. ... 519 12 Pennsylvania — Great Meadows 234 6 New York — Mohawk River abt 1, 000 6 North West Territory — On little Miami 839 Ditto 977 Ditto 1, 235 3,051 5 Kentucky — Rough Creek 3, 000 Ditto adjoin'g 2, 000 5,000 2 Lots — viz: — City of Washington — Two near the Capital Sqr 634 > Cost $963, and with Buildgs. Carried over 31 DOLLARS. 124. 88O 97, 440 (i) 2O0. OOO (fe) 3. 6OO .(/) 6. 228 (m) 1.404 {n) 6. 000 (o) 15-251 {p) 10. 000 (q) 15.000 (r) 479. 803 32 Last Will and Testament. Schedule— Continued. Amt. brought over . Lots — City oe Washington — No. 5, 12, 13 & 14, the 3 last water lots on the Eastern Branch in Sqr. 667, containing together 34,438 Sqr. feet at 12 cts. Alexandria — Corner of Pitt and Prince Strts half an acre — laid out into buildgs 3 or 4 of wch are let on grd Rent at $3 pr foot Winchester — A lot in the Town, of half an \ acre & another on the Commons V of about 6 acres — supposed ) Bath — or Warm Springs — Two well situated & had buil- ) -dings to the amount of £150. j STOCK. United states 6 pr cts 3, 746 Do defered 1, 873 3 prcts 2, 946 2,500 Potomac Company — 24 Shares cost ea £100 Sterl' g . James River Company — 5 Shares each cost $100 Bank of Columbia — 170 Shares — $40 each Bank of Alexandria — besides ) 20 to the Free School 5 j 479. 803 4-132 (s) 4. 000 400 800 (0 («) (u) 514- 347 Last Will and Testament. 33 Schedule — Continued. DOLLARS. Amt. brought over 514. 347 Stock — living — viz . — 1 Covering horse, 5 Coh horses — 4 Riding do — Six brood mares — 20 work- -ing horses & mares, — 2 Covering Jacks & 3 young ones 10 she asses — 42 working mules — 15 younger ones 329 head of horned cattle \ 15. 653 640 head of Sheep, and a large stock of hogs, the precise number unknown — U3P='My manager has estima- -ted this live stock at £7,000 but I shall set it down in order to make sd sum at — Aggregate amt : $530. 000 34 Last Will and Testament. NOTES. (a) This tract for the size of it is valu able; more for it's situation than the qual ity of it's soil, though that is good for farm- -ing, with a considerable portion of gr'd that might, very easily, be improved into meadow. — It lyes on the great Road from the City of Washington, Alexandria and George Town to Leesburgh & Winchester, at Difficult bridge — nineteen miles from Alexandria — less from the City & George- Town, and not more than three from Ma- tildaville at the Great Falls of Potomac — There is a valuable seat on the prem- -ises — and the whole is conditionally — sold for the sum annexed in the Schedule (b) What the selling prices of lands in the vicinity of these two tracts are I know not; but compared with those above the ridge, and others below them the value annexed will appear mode- -rate — a less one would not obtain them from me. (c) The surrounding land, not supe- -rior in soil, situation or properties of any sort, sell currently at from twenty to thirty dollars an acre. — The lowest — price is affixed to these (d) The observations made in the last note applies equally to this tract tract Last Will and Testament. 35 NOTES. being in the vicinity of them, and of sim- -ilar quality, altho it lye's in another County (e) This tract though small, is extremely valuable — it lyes on the Potomac River, about twelve miles above the Town of Bath (or Warm Springs) and is in the shape of a horse-shoe, the River running almost around it.— Two hundred acres of it is rich low grounds; with a great abun- -dance of the largest and finest Walnut Trees, which with the produce of the soil might (by means of the improved navi gation of the Potomac) be brought to a shipping port with more ease and at a smaller expense than that which is transported 30 miles, only by land (/) This tract is of second rate Gloucester low ground — it has no improvement thereon, but lyes on navigable water abounding in fish and oysters : it was received in payment of a debt (carrying interest) and valued in the year 1789, by an impartial gentlemen to £800 — N. B. it has lettely been sold and there is due thereon, a balance equal to what is annexed — the Schedule (g) These 373 acres are the third part of undivided purchases made by the deceased Fielding Lewis, Thomas Walker and myself, on full conviction that 36 Last Will and Testament. NOTES. they would become valuable. the land lye's on the road from Suffolk to Norfolk touches (if I am not mistaken) some part of the navigable water of Nansemond River — borders on — and comprehends part of the rich Dismal Swamp; is capable of great improvement; — and from it's situ- -ation must become extremely valuable. (h) This is an undivided interest wch I held in the Great Dismal Swamp Company, containing about 400 acres, with my part of the Plantation and Stock thereon belonging to the Company in the s'd Swamp (i) These several Tracts of land are of the first quality on the Ohio River in the parts where they are situated; — being almost, if not altogether, River bottoms. — — The smallest of these Tracts is ac tually sold at ten dollars an acre, but the consideration therefor, not received, the rest are equally valuable, and will sell as high, especially that which lye's just below the little Kanhawa, and is oppo site to a thick settlement on the west side the River. — The four tracts have an aggregate breadth upon the River of Sixteen miles and is bounded thereby that distance. Qt) These tracts are situated on the Great Kanhawa River, and the first Last Will and Testament. 37 NOTES. four are bound thereby for more than forty miles. — It is acknowledged by all who have seen them (and of the tract containing 10,990 acres which I have been on myself, I can assert) that there is no richer, or more valuable land in all that Region; — They are conditionally sold for the sum mentioned in the schedule — that is $200,000 and if the terms of that sale are not complied with, they will command con siderably more. — The tract of which the 125 acres is a moiety, was taken up by General Andrew Lewis and myself for on account of a bituminous spring, which it contains, of so inflammable a na- -ture as to burn as freely as spirits, and is as nearly difficult to extinguish. (/) I am but little acquainted with this land, although I have once been on it. — It was received (many years since) in discharge of a debt due to me from Daniel Janifer Adams, at the value annexed thereto, and must be worth more. It is very level, lyes near the River Potomac. (m) This tract lyes about 30 miles above the City of Washington not far from Kittoctan. — It is good farming land, and by those who are well ac- 38 Last Will and Testament. -quainted with it, I am informed that it would sell at twelve or $15. pr acre (n) . This land is valuable on account of it's local situation and other properties. — — It affords an exceeding good stand on Braddock's Road from Fort Cumberland to Pittsburgh and besides a fertile soil possesses a large quantity of natural meadow fit for the scythe. — It is distin guished by the appellation of the Great Mea- -dows, where the first action with the French in the year 1754 was fought (0) This is the moiety of about 2000 acrs which remains unsold of 6071 acres on the Mohawk River, (Montgomery Ct'y) in a Patent granted to Daniel Coxe in the Township of Coxebourgh & Carolaca as will appear by deed from Marinus Willet & wife to George Clinton (late Governor of New York) and myself; The lat- -ter sales have been at six dollars an acre and what remains unsold will fetch that, or more (p) The quality of these lands & their situation may be known by the surveyor's certificates, which are filed along with the patents — They lye in the vicinity of Cincinnati, one tract .near the mouth of the little Miami, another seven, & the third Last Will and Testament. 39 NOTES. ten miles up the same — I have been informed that they will readily command more than they are estimated at. (q) For the description of these tracts in detail, see General Spottswood's letters filed with the other papers relating to them — Besides the general good qual ity of the land, there is a valuable bank of Iron Ore thereon; — which when the settlement becomes more populous (and settlers are moving that way very fast) will be found very valuable, as the rough creek, a branch of Green River affords ample water for furnaces and forges. LOTS— Viz: CITY OF WASHINGTON— (r) The two lots near the Capital in Square 634, cost me $963 only, but in this price I was favoured on condition that I should build two brick houses, three storys high each; — without this reduction, the selling price of those lots would have cost me about $1350. These lots with the buildings thereon when completed will stand me in $15,000 at least (s) Lots No. 5, 12, 13 & 14 on the Eastern Branch are advantageously situated on the water, and although many lots 40 Last Will and Testament. much less convenient, have sold a great deal higher, I will rate these at 1 2 cts the square foot only. ALEXANDRIA. (t) For this lot, though unimproved I have refused $3500. it has since been laid off into proper sized lots for building on, three or four of which are let on ground Rent forever at three dollars a foot on the street, and this price is asked for both fronts on Pitt & Prin cess streets. WINCHESTER. (u) As neither the lot in the Town or common have any improvements on them it is not easy to fix a price, but as both are well situated it is presumed the price annexed to them in the Schedule is a reasonable valun BATH. (v) The lots in Bath (two adjoining) cost me to the best of my recollection, between fifty and sixty pounds, 20 years ago & the buildings thereon, £150 more. — whether property there has increased or decreased in it's value, and in what condition the houses are, I am ignorant, but suppose they are not valued too high Last Will and Testament. 41 STOCKS. (x) These are the sums which are actually funded, and though no more in the aggregate than $7566. stand me in at least Ten thousand pounds in Vir- -ginia money, being the amount of bonded and other debts due to me, and discharged during the war, when money had depreciated in that ratio and was so settled by public authority. (y) The value annexed to these shares is what thay have actually cost me, and is the price affixed by law: — and although the present selling price is under, par, my advice to the Legatees (for whose benefit they are intended, especially those who can afford to lye , out of the money) is that each should take and hold one; there being a moral certainty of a great and in- -creasing profit arising from them in the course of a few years (z) It is supposed that the shares in the James River Company must also be productive — But of this I can give no decided opinion for want of more accurate information. (cV) These are nominal prices of the Shares of the Bank of Alex- 42 Last Will and Testament. andria & Columbia, the selling prices vary according to circumstances but as the stock usually divided from eight to ten per cent per annum, they must be worth the former, at least, so long as the Banks are conceived to be secure, although circumstan ces may some time below it The value of the live stock depends more upon the quality than quantity of the different species of it and this again upon the demand, and judgement or fancy of purchasers. Mount Vernon, 9 July, 1799. ?-<