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APPENDIX-WASHINGTON'S WILL.

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 titles 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 when soever 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, 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 pass it, on the event of my decease, to the man in my country, who should appear to merit it best, upon the same conditions that have induced him to send it to me." Whether easy or not to select the man, who might comport with his Lordship's opinion in this respect, is not for me to say; but, conceiving that no disposition of this valuable curiosity can be more eligible than the recommitment of it to his own cabinet, agreeably to the original design of the Goldsmiths' Company of 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 spyglasses, which constituted part of my equipage during the late war. To my compatriot in arms and old and intimate friend, Dr. Craik, I give my bureau (or, as the cabinet-makers call it, tambour secretary) and the circular chair, an appendage of my study. To Dr. David Stewart 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 finelywrought steel pistols, taken from the enenfy in the

revolutionary war. To my sisters-in-law, Hannah Washington and Mildred Washington, to my friends, Eleanor Stuart, Hannah Washington, of Fairfield, and Elizabeth Washington, of Hayfield, I give each a mourning ring, of the value of one hundred dollars. These bequests are not made for the intrinsic value of them, but as mementos of my esteem and regard. To Tobias Lear I give the use of the farm, which he now holds in virtue of a lease from me to him and his deceased wife, (for and during their natural lives,) free from rent during his life; at the expiration of which, it is to be disposed of as is 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 unsheath them for the purpose of shedding blood, except it be for self-defence or in defence of their country and its rights; and in the latter case, to keep them unsheathed, and prefer falling with them in their hands to the relinquishment thereof.

And now, having gone through these specific devices, with explanations for the more correct understanding of the meaning and design of them, I proceed to the distribution of the more important part 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 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 Thomson 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; con.

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APPENDIX-WASHINGTON'S WILL.

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taining upwards of four thousand acres, be the same | tioned, I give and bequeath to George Washington 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 bis 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 Washing ton, 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 quantity, quality, and other circumstances, 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 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 with in 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 prem ises, making together about two thousand acres, be it more or less.

FOURTH.-Actuated by the principle already men.

Purke 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 interests 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 daugther 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 heir 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

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APPENDIX-WASHINGTON'S WILL.

can make it convenient, to take each a share of my ❘ and that, although it has occupied many of my leisure 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 constitute and appoint my dearly beloved wife, Martha Washington, my nephews, William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel Washington, and Lawrence Lewis, and my ward, George Washington Parke Custis (when he shall have arrived at the age of twenty-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;

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 iegal 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 con tained, I have set my hand and seal, this ninth day of July, in the year one thousand seven hundred and ninely and of the Independence of the United States the twenty-fourth.

GEORGE WASHINGTON.

* It appears that the testator omitted the word "nine."

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