WASHINGTON'S WILL. 369 Harriot Parks, and the heirs of Thornton Washington, sons and daughters of my deceased brother, Samuel Washington, I give and bequeath other four parts; one to each of them. To Corbin Washington, and the heirs of Jane Washington, son and daughter of my deceased brother, John Augustine Washington, I give and bequeath two parts; one to each of them. To Samuel Washington, Frances Ball, and Mildred Hammond, son and daughters of my brother Charles Washington, I give and bequeath three parts; one part to each of them. And to George Fayette Washington, Charles Augustine Wash ington, 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 Leivis, 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 can make it convenient, to take each a share of my stock in the Potomac Company in preference to the amount of what it might sell for; being thoroughly convinced myself that no uses to which the money can be applied, will be so productive as the tolls arising from this navigation when in full operation, (and thus, from the nature of things, it must be, ere long,) and more especially if that of the Shenandoah is added thereto. The family vault at Mount Vernon requiring repairs, and being improperly situated besides, I desire that a new one of brick, and upon a larger scale, may be built at the foot of what is commonly called the Vineyard Enclosure, on the ground which is marked out; in which VOL. V.-16* 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; and that, although it has occupied many of my leisure hours to digest, and to throw it into its present form, it may, notwithstanding, appear crude and incorrect; but, having endeavored to be plain and explicit in all the devises, even at the expense of prolixity, perhaps of tautology, I hope and trust that no disputes will arise concerning them. But if, contrary to expectation, the case should be otherwise, from the want of legal expressions, or the usual technical terms, or because too much qr too little has been said on any of the devises to be consonant with law, my will and direction expressly is, that all disputes (if unhappily any should arise) shall be decided by three impartial and intelligent men, known for their probity and good understanding, two to be chosen by the disputants, each having the choice of one, and the third by those two; which three men, thus chosen, shall, unfettered by law or legal constructions, declare their sense of the testator's intention; and such decision is, to all intents and purposes, to be as binding on the parties as if it had been given in the Supreme Court of the United States. In witness of all and of each of the things herein contained, I have set my hand and seal, this ninth day of July, in the year one thousand seven hundred and ninety,* and of the Independence of the United States the twentyfourth. GEORGE WASHINGTON. * It appears that the testator omitted the word “nine.” |