Bushrod Washington's Last Will and Testament
In the name of God Amen I Bushrod Washington of Mount Vernon do make this my last will and Testament hereby revoking all former wills by me made.
Imprimis I give to my dear and most excellent wife and her heirs the following negroes— viz: Nan Louisa and the children she now has a may here after have, Sam. Jessy, Clark and Silvia his wife and Lucy their daughter with all the future increase of the females and also Jenny who I purchased from W. Turner.
Second, I give to my said wife during her life the whole of my Mount Vernon Land, except such parts thereof as will be hereafter given in Trust for my nephew Bushrod Washington, and also all the rest of my negroes of which I may die assigned or entitled to.
Third I give to my said wife during her life the interest which may accrue after my death upon the debts now due or which may hereafter become due to me as well as the dividends and interest which may accrue and be declared upon my bank and road stock, upon my share in the Dismal Land Company and all other stocks to which I may be entitled at the time of my death.
I also give her during her life the whole of my household and kitchen furniture, liquors, so much thereof as she may require for the use of her Family, riding carriage horses, mules, cattle, sheep, hogs, plantation utensils wagons, carts, crops on hand and provisions laid up for the use of the Family at the time <of my death, or fattening> at that time for such use. The use only of the above articles is intended to be given to my said wife during her life.
Fourth. It is my will that as soon and as fast as the debts to me are collected, their amount including whatever I may be entitled to receive from the estate of my deceased Uncle General George Washington in my own right or as assignee of major George Lewis and on account of my commissions as Executor, and all rents due to me at the time of my death may be invested by my Executors in publick or other safe stocks, and the interest whereof which may accrue during the life of my wife, I give to her.
Fifth, I give to my said Wife all the all the furniture furniture of her chamber, also the Organ, and pianos books of music and her library of books kept by herself seperate from mine, her Jewels paraphernalia of every kind, and whereas there are certain prints hanging in some of the rooms which I have given and now confirm to my Said wife but which I cannot now describe it is my Will that she may have such of them as she may by some writing under her hand attested by one witness at least, and delivered during her life to one of my Executors distinctly point out and describe unless my Wife should dispose of the Organ by Will or by some other act during her life I give the same to the person to whom I shall hereafter devise the Mansion house as it would hardly suit any other room, than that in which is now stands.
Sixth: After the death of my said wife I give to my Nephew John A. Washington and to his heirs all that part of my Mount Vernon Land included within the following boundaries to wit Beginning at the Gum spring on or near the line between Mr Peake and myself and running thence the straight road along where the post and rail fence ran to the gate leading into the house and pursuing the road passing the said gate leading to the old Ferry house occupied lately by James Dorsey till it comes to the corner of the fence on the road leading to the Union farm barn, and thence along the fence and road leading to said barn to the first wattle fence made by James Dorsey (at which point it is my intention to put down a post) and then along said Wattle fence rectangular or nearly so to the last line to the Creeck and so with the meanders of said Creek the river and hunting creek including the fisheries and Marshes to the beginning. I also give to my said nephew John after the death of my said Wife all the green-house and hot house plants and tools or instruments belonging to the gardens: I also give to my said nephew after the death of my said Wife all the furniture belonging and which at the time of my death may belong to and be in the mansion house kitchen and other houses (not before given to my Wife) in which bequest to avoid disputes I mean to include not only standing furniture, but all silver and plated ware cut and other glass pictures, prints, table and bed furniture, and in short every thing used and generally considered as furniture All the liquors of every kind remaining in the house at the death of my Wife I give to be equally divided between my nephews Bushrod Washington of Mount Zephyr, George C. Washington, John A. Washington and Bushrod C. Washington.
Seventh: After the death of my Wife I give to my dear niece Mary Lee Herbert and to her heirs all that part of my Mount Vernon Tract of Land beginning at the knowl opposite an old road which formerly passed through the lower field of Muddy hole farm on which at the north side of the said road are or were three red or spanish oaks marked as a corner (which spot is mentioned in the will of Genl Washington) thence rectangularly by a line of Trees to the back line or outer boundary of the Tract between Genl Thompson Mason (now in possession of his Sons) and myself thence with that line easterly along the double ditch to the run of little Hunting Creek, thence with that run to the Gum spring, thence along the most northerly of the two roads being that leading to Major Lewis' Mill to the beginning.
Eight: I give to my nephew George C. Washington and to his heirs on my death all the land from the Gum spring assd lying between the road leading to Mount Vernon until it comes to the lower end or corner of the field (No. 3) in the plat made by Genl Washington, amongst my Mount Vernon land papers, by James Nugents quarter that was, and the road leading from the said Gum spring to Major Lewis Mill till it comes to the inner and upper corner of my new ground 216 acre field, and thence with the inner fence of the said new ground field dividing the same from the Mt Zephyr land to the lower end or corner of the said inner fence near the spring, thence easterly along the lower fence of Bushrod Washington Jrs new ground as it now runs and crossing the swamp till it comes to the edge of the woods on the easterly side of the swamp to an old road and thence with said old road and along the edge of the woods to the lower fence of the said Bushrod Washington Jrs meadow below his house and thence easterly following the fence, as it now runs to the road at James Nugents where there is a gate, which said lines enclose the whole of the cleared land now in possession of the said Bushd Washington Jr also a small part of the swamp on the east side of the ditch, to the edge of the woods, and also a small angle of woodland lying between the afsd two roads in which stood the School house, I also give to the said George C. Washington in fee one half of the aforesaid new ground field being that half which lies to the northward of the red line run from the corner of the fence before mentioned near the spring before mentioned called A in Sm Summers plat and survey of the said new ground to B, which half in the said plat is marked No. 2. as by reference to the said plat and survey dated July 1813 amongst the Mt Vernon land, papers will more fully appear. I also give to the said George C. Washington and his heirs one equal half part of the Woodland adjoining the afsd clear land to be laid off by a line running from the road leading from the gum spring to the porters lodges northwesterly to the old road by the swamp and edge of the Woods before mentioned in this clause, the same division to be according to quantity. The other half of the woodland here intended extending to the road leading from the porters lodges to the Union farm gate being contiguous to that part of the estate will be disposed of by a future clause of this will to the persons to whom that part of the estate will be divised. If any disagreements should arise respecting the lines of division mentioned in this Will it is my desire that the parties concerned should submit the same to arbitration. And I declare that all the lands mentioned in this clause and devised to the said George C. Washington are given in Trust to permit my Nephew Bushrod Washington Jr. his brother to receive the rents issues and profits thereof during his life, and after his death then in Trust for the children of the said Bushrod Washington living at his death and their heirs equally divided.
Ninth: All the rest and residue of my Mt Vernon estate not before disposed of I give after the death of my Wife to be equally divided between my nephews George C. Washington and Bushd C. Washington and their heirs.
Tenth: I give my Ohio Tract of Land immediately on my death as follows one fifth part to my nephew George C. Washington and his heirs, one other fifth part to my niece Mary L. Herbert and her heirs, one other fifth part to the said George C. Washington and his heirs to the same uses and under the same limitations as are mentioned in the eight clause afsd in respect to the part of the Mt Vernon land devised to him in Trust, and the other two fifths I give to my Nephews John A. Washington and Bushrod C. Washington and their heirs equally to be divided, Should the said George C. Washington think it most to the advantage of the said Bushd Washington Jr. to sell the part of the Ohio land hereby devised to him in Trust he may do the same, at publick or private sale on such terms as he may think best, the proceeds to be invested in some productive fund and the interests or dividends to be paid to the said Bushd Washington Jr during his life and after his death to be equally divided between the children of the said Bushrod Washington Jr. who shall be living at his death, their heirs and assigns.
Eleventh: I desire that all my law books in Phila. and a few others left with Mr Birkham in Trenton may be removed to Mt. Vernon and together with those now there may remain in the Study under the care of John A. Washington 'till Bushrod Washington Herbert son of my niece afsd arrives at the age of twenty one, and in case he should be educated and prepared to practice Law, I give all the said Law Books to him, But if at the above period, he should not be destined to the bar, or in case of his death before the said age I desire the said law books may be sold and the proceeds to sink into the residuum of my estate: Wheatons reports belong to the United States, and are to be delivered to the person authorised to receive them.
Twelfth: After the death of my Wife I give all the rest and residue of my estate real and personal in possession or expectancy, and not by this will otherwise disposed of as follows Viz: one fifth part to my nephew George C. Washington and his heirs, one fifth part to John A. Washington my nephew: and his heirs, one other fifth part to his Brother Bushrod C. Washington and his heirs, another fifth part to my niece Mary Lee Herbert and her heirs, and the remaining fifth part to the said Geo. C. Washington and his heirs in Trust for the same uses and under the same limitations as are mentioned in the eight clause of this Will in respect to the part of the Mount Vernon Land devised to him in Trust for Bushrod Washington Jr. and his children. It is further my will that my nephew John A. Washington may be at liberty to take Gard'ner Phill, after my Wifes death, at his appraised Value, to be paid to my Executors.
Thirteenth. All the papers and Letter Books devised to me by my Uncle General Washington as well as all the Books in my study other than law books I give to my nephew George C. Washington. The Books in the cases in the dining room I give to my nephew John A. Washington.
Fourteenth, The sword left to me by General Washington I give to the afsd George C. Washington under the same injunctions that it was bestowed on me. My gold watch I give to my friend Robert Adams of Philadelphia knowing he will appreciate the gift, not for the intrinsic value of the article but because it was worn by the Father of our Country, and afterwards by his Friend. After the death of the said Robert Adams I give the said Watch to his son Bushrod. I give Cookes Edition of Hogarth with the key to my nephew John A. Washington and Alexanders Victories to my nephew Bushd C. Washington: I also give to my said nephew John the two Globes and the busts of Genl Washington and Neckar. The Bust of Paul Jones I give to Mr Mumford for his museum. my double barrell gun I give to my Nephew Bushrod Washington Jr and the pistols which belonged to and were used by Genl Washington, to Geo: C. Washington: Watts Views I give to my highly valued friend Mr Justice Story.
Fifteenth the debts due me from the estates of my deceased friends Major Richard Blackburn and Thomas Blackburn I hereby forgive and release.
Sixteenth: I give to West Ford, the Tract of Land on Hunting Creek adjoining Mr George Mason and that occupied by Dr Peake which I purchased from Noblet Herbert decd which was convey'd to him by Francis Adams, to him the said West Ford and his heirs: whatever appears by my ledger to be due said West Ford is to be paid to him, and it is my request that he will continue in his present situation and employment during the life of my wife provided she wishes him to do so, on the terms he is now living with me.
Seventeenth: Whereas as Trustee for the creditors of my nephew Bushrod Washington Jr. I have made advances greatly beyond the value of the property conveyed to me besides being a considerable creditor of my said nephew and entitled to come in as such under the deed of Trust And whereas the unsold trust property, that is to say the following negroes, Nat, Lue, Isaac, Joshua, Titia and her 7 children James William, Nancy, John, Henry, Betsy, and Judy, also Eliza and her two children Warren and George also Nancy who have this day been valued by Law. Lewis, and Saml Collard at the price of $2205 fall very short of the amount due to me from the sd trust estate and for which the said property is answerable I do hereby give the sd negroes and the future increase of the females to my afsd nephew George C. Washington and his heirs upon the same Trusts and under the same limitations as are mentioned in the 8th clause of this Will in respect to the part of the Mount Vernon Land devised to him in trust. I also forgive and release to my sd Nephew Bushrod Washington Jr. all and every sum and sums of money due by him to me, and which yet remain unsatisfied.
Lastly I nominate and appoint my nephews John A. Washington and Bushd C. Washington my Executors who are to give no security for the discharge of their duties.
In Witness whereof I have hereto set my hand and affixed my Seal having written the whole of this Will with my own hand this tenth day of July 1826.
Bush. Washington
Memorandum. All the erasures and interlineations in this Will have been made with my own hand. B.W.
This is a Codicil to my Will written and dated this tenth day July 1826.
Whereas, cheif Justice Marshall and myself contemplate publishing some volumes of letters, from Genl Washington, all or the most of which are already copied and also publishing a second Edition of the life of Washington, it is my Will, that whatever sum of money may accrue from these sources be invested by my Executor in some productive fund the interest or dividends whereof are to be paid to my Wife during her life, and after her death to be divided and to vest in the persons to whom the residue of my estate is given to and for the same uses, and under the same limitations. Item. I give to our niece Jane C. Washington Wife of my nephew John A. Washington and to her heirs a negro boy called Lewis son of Osman and Aggy. Item and whereas my Wife may die without making any disposition of the property I have devised to her in fee simple. I give to her niece J.C. Washington in that event, and that only, the piano Forte and Organ together with all the musick, also all Books in the chamber bookcases and chamber closet. also the chamber furniture and the prints mentioned in my Will. All the rest of the property so devised to my Wife I give in the sd event to be equally divided between such of the nieces of my sd Wife as may be living at the time of her death.
Item. I give the property which I have purchased from the executors of Noblet Herbert decd and from the administrators of Richd H.L. Washington decd and which I have conveyed to my niece Mary L. Herbert for whom I bought the whole. I have given her possession, I hereby confirm and ratify. In Witness whereof I have hereunto set my hand and affixed my seal this tenth day of July 1826. The whole of this Codicil being written with my own hand and all erasures and interlineations in the will and codicil made by myself before they were signed and sealed.
Bush. Washington
This is a second Codicil to my Will
Imprimis, my beloved niece Mary Lee Herbert having died since the making of my former Will I hereby give and bequeath all the property real and personal in possession or expectancy devised to her to be equally divided between her two sons Bushd W. Herbert and Noblet Herbert and their heirs, and in case of the death of either without child or children, his part to go to the survivor and in case of the death of both without child or children the whole then remaining I give to be divided amongst my four nephews and their heirs; the part of my nephew Bushrod under the same Trusts and to the same trustee as are mentioned in the eight clause of my Will; all the personal property except negroes now in possession of my sd nephew Bushrod on hire. I give to him
Item: If Bushrod W. Herbert should not practice Law, I give my law library to such of the sons of my nephew John A. Washington as may practice it and if more than one should, then to the eldest and if neither should then the same is to be sold and the proceeds disposed of as directed by the eleventh clause of my Will. Item. Having subscribed for 50 shares in the Chesapeake and Ohio Canal which I trust may be paid for without a sale of other property I hereby appropriate for that purpose whatever ready money I may have in any Bank or Banks at my death, and Whatever Salary may be due to me at that time and I further empower my Executor to apply to the same purpose so much of the income of my estate or monies he may collect or may remain after amply supplying the wants of my dear Wife to whom I hereby give during her life the dividends which may arise on said Canal stock. But if these funds should be insufficient to comply with the calls of the company my sd Executor may sell as much of my bank stock as may be sufficient In Witness whereof I have hereunto set my hand and affixed my seal this ninth day of January 1828. The whole of this Codicil being written with my own hand and all erasures and interlineations being made by myself before signing and sealing this Codicil.
Bush. Washington
This is a third Codicil to my Will.
Whereas the line between Major Lewis and myself from the three red or spanish Oaks marked as a corner and a stone placed thence by a line of threes to be marked rectangular to the back line or outer boundary of the tract between Thompson Mason and General Washington, as described in the clause of Genl Washingtons Will which devises a part of the Mount Vernon estate to me has never been run by the major and myself and there subsists a difference of opinion between us as to the construction of the said Will in relation to that line, which my frequent and long absences from home have hitherto prevented us from adjusting. it is my desire that my nephews the Executors and trustees of my decd niece Mary L. Herbert (in case it should not be in my power to settle this matter with Major Lewis during my life) do as soon as possible settle and adjust with him this controverted line and in order that it may be done in the most amicable manner, I do hereby empower my sd nephews John A. Washington and Bushd C. Washington or either of them, or the survivor of them to submit any disputed point relative to that subject or arbitration hereby declaring any award or awards to be made in the premises to be final and binding on the persons who may be entitled to that part of the land devised by the preceding Codicil to the sons of my niece Mary L. Herbert in like manner as it would were the submission made by me during my life. Item I give the interest which after my death may become due on George Atkinsons Bond, until George W. Washington son of Bushd Washington of Mt Zephyr shall arrive at the age of eighteen (and which my Executor is to collect as it becomes due) to be divided as follows Viz one third to Ann Eliza one third to Jane Mildred, daughters of sd Bushrod Washington Jr of Mt Zephyr, and the other third to the before mentioned Geo: W. Washington son of the sd Bushd Washington Jr towards his Education and fitting him for the navy, and after he has arrived at the age of eighteen, then I give the whole of the sd debt principal and interest with all the securities for the same to be equally divided between the sd Ann Eliza and Jane Mildred Washington and their assigns The above bequest is intended to be made to my Executors in strict trust for the uses above mentioned and the principal to be paid to my neices on their respective marriages and not before.
Item. It is my wish that my Executors may add to the above bequest to the sd George W. as much out of the income of my estate as will complete his Education 'till his arrival at the afsd age. if in his judgment the same can be spared after paying up my subscription to the chesapeake and Ohio Canal Company and any other debts and providing for the comfortable and abundant support of my dear Wife. All benefit under this clause in favour of the sd George is to cease after he arrives at the afsd age—except a moderate outfit which is to be given him in case he should be received as a mid shipman in our navy. In Witness whereof I have hereunto set my hand and affixed my Seal this 19th day of July 1828. The whole of this Codicil being written with my own hand and all erasures and interlineations being made by myself before signing and sealing the same.
Bush. Washington
The commonwealth of Virginia to Wit
J. William Moss clerk of the County Court of Fairfax in the commonwealth aforesaid do hereby certify. That at a Court held for the said County the 21st day of December 1829. This Last Will and Testament of the Honourable Bushrod Washington of Mount Vernon deceased together with three Codicils thereto annexed was presented in Court by John A. Washington one of the Executors therein named, and the same being proved to be wholly in the hand writing of the said Bushrod Washington by the oaths of George Mason, George Millan, Dennis Johnson and William Moss is admitted on record: And the sd John A. Washington having in open Court, Executed a Bond in the penalty of $100,000 conditioned as the Law directs, and taken the Oath prescribed by Law, a certificate is granted him for obtaining letters Testamentary thereof in due form.
In tistimony whereof I have hereunto set my hand and affixed The Seal of he Said County this 12th day of Feb. 1830. And in the 54th year of the Commonwealth
Wm Moss
D, ViMtvL; D, DSupC.
1. The reference to "page 13" refers to the numbered manuscript pages.
The property given to the Wife in fee Negroes
The Mt Vernon Estate to the Wife for Life
The use of all the personal Estate for life to the Wife
Debts due to be collected and invested in Stocks and the interest to be for the Wife
Furniture &c. given to the Wife in fee
The Organ conditionally given to J.A. Washington & the reasons.
The portion of the Mt Vernon Estate left to J.A. Washington. The greenhouse plants &c. all the House hold & kitchen furniture &c.
Liquors wines &c. left to B.W—G.C.W—J.A.W.—& B.C.W.
Specific Legacy of Real Estate Left to B. Washington and his heirs in strict
Trust to George C. Washington, in this clause will be seen the views of the testator in relation to the settlement of disputes if any should arise
Specifick Legacy of Real Estate Left to George C. & B.C. Washington.
Real Estate Left jointly to G.C. Washington, Mary L. Herbert Bushd Washington Junr, John A. & B.C. Washington on the Ohio river with specifick directions in relation to Bushd Washington Junr
The Lay Book
Devised to B.W. Herbert under in certain conditions. further see Codicil 2nd page 131
All the Rest & Residue of the Real & personal Estate Equally Devised to George C. Washington, John. A. Washington, Bushd C. Washington Story & Herbert & Bushd Washington Jnr. in trust to Geoe C. Washington. With the permission to J.A. Washington in relation to Phill Gardner.
Books & Papers to George C. Washington & J.A. Washington
Sword to G.C. Washington
Gold Watch to Robt Adams for life & after to his son B.W. Adams
Cooks Hogarth to John A. Washington
Alexrs Victories to B.C. Washington
The 2 globes the busts of GW Neckar to J.A. Washington
The Bust of Paul Jones Mumford
The gun to B. Washington Jr.
The Pistols to G. C. Washington
Watts Views to Judge Story
Debts due by R.S. B. & Thos Blackburn released
Real Estate Left to West Ford & further directions in relation to West Ford
Releasing to Bushd Washington Jr. (the Negroes &c. held in trust) in trust to Geoe C. Washington
Excrs
In relation to Letters of Genl Washington & Life of Same published by Judge Marshall how the proceeds of same shall be disposed
Negroe Boy Left to Mrs. J.C. Washington
The Piano, Organ & musick The Books in Chamber & closet the Chamber furniture & prints to J.C. Washington
The rest of the property before devised to the Widow to be equally divided between her Nieces living
Property specifically given N.L. Herbert Purchased from 24rs of N. Herbert Admt of R.H.L Wn previously conveyed by deed of <?>
The property Real & personal left to Mrs M.L. Herbert now devised to her two sons & in case of death to the survivor but in case of death of both without issue then to the four Nephews aforesaid.
property specifically left to B. Washington
Law Library how disposed of should B.W. Herbert not practice Law
Items in Relation to Chesapeake and Ohio Canal Stock
Authority to Settle the line between Major L.Lewis & that part of the Real Estate previously devised to Mrs M. L. Herbert & her heires.
Bequest to G.W. Washington untill the age of eighteen & after to Ann Eliza & Jane Mildred Washington
Specifick Legacy to Ann Eliza & Jane Mildred Washington with conditions
Further directions in relation to G.W. Washington