Wills of the Rich and Famous
A few years ago while attending a Pennsylvania Bar Institute program, I recognized a slim text that caught my attention. “Wills of the Rich and Famous” published by this popular legal education provider contains actual Wills and an analysis. Today, famous wills are also available to the public through Google and other web browsers. Just type “celebrity Wills” and enter.
Reading old Wills makes the reader recognize common threads of family and relationship that transcend time. As one example, with President’s day arriving soon, I searched for the Wills of our 16th and 1st Presidents. Abraham Lincoln, as it turns out, had no valid Will at the time of his death. George Washington, however, obviously gave his Will some serious consideration. It resembles somewhat in form the Wills of today and begins.
“In the name of God, Amen. I GEORGE WASHINGTON of Mount Vernon, a citizen of the United States, and lately President of the same, do make, ordain and declare this Instrument…to be my last Will & Testament, revoking 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 circumstances will permit, and in the manner directed. Item. To my dearly beloved wife Martha Washington 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…I give to her & her heirs forever; as I also do my 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…”
For education, Washington left funds toward support of a free school to support poor and orphaned children and an additional bequest for establishment of a University “ to which the youth of fortune and talents from all parts thereof might be sent for… their Education, in…acquiring knowledge in the principles of politics & good government…” Washington was concerned that America’s children receive a common education here and not be forced to study abroad so that they would develop a sense of America as a nation.
While often referred to as the “father” of his country, Washington was painfully aware that he had no children of his own although he helped raise the children of his wife who had been a widow. He states: “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…I give and bequeath to …”
The Will of Washington’s contemporary, Benjamin Franklin, seems somewhat less humble and begins, “I, Benjamin Franklin, of Philadelphia, printer, later Minister Plenipotentiary from the United States of America to the Court of France, now President of the State of Pennsylvania, do make and declare my last will and testament as follows.” There is no explanation known for the position President of Pennsylvania. In any event, like disappointed fathers at any time in history, Franklin went on to state his reasons to limit his inheritance to one of his sons. “To my son, William Franklin, late Governor of the Jerseys, I give and devise all the lands I hold or have a right to, in the province of Nova Scotia…I also give to him all my books and papers, which he has in his possession and all debts standing against him on my account books… The part he acted against me in the late war, which is of public notoriety, will account for my leaving him no more of any estate he endeavoured to deprive me of.” Franklin left sizeable inheritances to other children and relatives.
He also gave a grant to Boston grammar schools where he was educated and another to make the Schuylkill river navigable.
In addition to entertainment, the Wills of these Founders hold some lessons. They pay debts and provide support for survivors, including children as most Wills do. They also recognize and reward persons and organizations that were good to the authors. Beyond this, the drafters considered the young American society as a whole and left bequests behind to make it better. The example of these Founders’ Wills provides food for thought.
About the Author Janet Colliton
Esquire, Colliton Law Associates, P.C. Janet Colliton has practiced law for over 38 years, 37 of them in Chester County, Pennsylvania, a suburb of Philadelphia. Her practice, Colliton Law Associates, PC, is limited to elder law, Medicaid, including advice, applications and appeals, and other benefits planning including Veterans benefits, life care and special needs planning, guardianships, retirement, and estate planning and administration.