WILLS OF FAMOUS PEOPLE

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You can learn a lot about a person by reading his or her last will and testament. Many famous people left a written will, and some of those wills shaped the course of history. Often, those who ruled great empires used their wills as a final act of governance. All American Presidents left written wills, except Abraham Lincoln—who was busy managing the Civil War and was assassinated six days after it ended.

Alexander the Great

Alexander died in June 323 B.C.E. No copies of his original will have survived, but David Grant, a London-based expert, believes the last chapter of an ancient manuscript known as the Alexander Romance contains details of Alexander’s last will. Grant alleges that Alexander’s true last will named his sons Alexander IV and Heracles as his successors, but Alexander’s generals suppressed the original will and issued a fake one stating that the ruler of Alexander’s lands would be “the strongest of them.” Unfortunately, this strategy produced a bloody civil war and broke up Alexander’s empire into several smaller hostile camps. We will never know what would have happened if his last will had been followed and the civil wars had not occurred.

Julius Caesar

As with Alexander the Great, a copy of Julius Caesar’s will has not survived, but we can infer the basic terms of his will from records of Marc Antony reading it to the people of Rome. Caesar left his gardens to the city of Rome for a park and left “a large amount of money” (seventy-five drachmas, worth about $5,500 today) to every inhabitant of Rome. In his will, Caesar adopted Octavian as heir to his title and residual estate. Ironically, Decimus Brutus—one of Caesar’s murderers— was named as an alternate adopted son in Caesar’s will if Octavian did not survive Caesar. By adopting Octavian, Caesar named him successor to the imperial throne of Rome and left Octavian money to claim it. Octavian, however, had to defend his claim to be the first Emperor of Rome by winning a civil war against Marc Antony and Cleopatra.

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Henry VIII

King Henry also used his will to ensure the succession to his throne. He signed his last will on December 30, 1546, transferring royal authority to his son Prince Edward at Henry’s death. Henry repented and resolved never to return to his old ways, bequeathed his soul to God, and directed that his body be laid in the choir of the college in Windsor, midway between the stalls and the high alter with the bones of his third wife, Queen Jane (Edward’s mother). Henry asked that his executors cause a service for the dead to be celebrated at a suitable place and convey his body to be buried according to his instructions. He gave land to St. George’s College so that priests would say mass at the aforementioned altar.

More specifically, Henry VIII’s will stated that the English Crown should go to Prince Edward and the heirs of his body. In default, to Henry’s children by his present wife Queen Catherine (Parr), or any future wife. In default, to his daughter Mary (by Henry’s first wife, Catherine of Aragon) and the heirs of her body, upon condition that she should not marry without the written and sealed consent of a majority of the surviving members of the Privy Council. In default, to his daughter Elizabeth (by Henry’s second wife, Anne Boleyn) upon the same condition. Henry directed the Privy Council and his executors to take all actions by a majority of them, rather than individually. Finally, he directed that all his legal debts should be paid, although he knew of none.

Henry gave his son Prince Edward the crowns of England and Ireland, the title of France, and all his plate, household property, artillery, ordinance, ships, money, and jewels. He charged his son to be ruled by the Privy Council until he was eighteen. Henry gave Mary and Elizabeth 10,000 pounds each and instructed his executors to give them more at their discretion. Henry directed that Mary and Elizabeth should each receive 3,000 pounds annually for living expenses, and he made a number of small bequeaths to his councilors and servants.

Napoleon Bonaparte

Several centuries later, Napoleon Bonaparte drafted a will that also emphasized the political legacy of the testator. Napoleon wrote his last will and testament on April 15, 1821, in his own hand. He added five codicils to his will, and he also attached several lists to the will. Napoleon stated that he died in the Apostolical Roman religion and decreed that his ashes should be scattered on the banks of the Seine. He asked his wife to watch over his son and asked his son to follow the motto “Everything for the French People.” He alleged that he was being assassinated by the English oligarchy.

Napoleon gave his tangible personal property to his son Napoleon Francois Joseph Charles Bonaparte and gave two million francs to Count Montholon, one of his generals and a devoted supporter, as reward for Montholon’s loyalty. In addition, Napoleon directed that any funds remaining in a specific Paris bank account be distributed among the French soldiers wounded at the battle of Waterloo and among the officers and soldiers of the battalion on the Isle of Elba. He stipulated that if these individuals had already died, then the gifts should go to their widows and orphans.

Napoleon estimated his residual estate would be worth about two hundred million francs at his death. He gave half these funds to the surviving officers and soldiers of the French army who fought for the glory of France from 1792 to 1815. This money was to be distributed in a manner proportional to the officers’ and soldiers’ service in the army during that interval. Napoleon donated the other half of his residual estate to the various districts of France.

Queen Victoria

In contrast to male heads of state, Queen Victoria died with the succession assured, and her will is distinctive for its focus on providing for her large family rather than on political considerations. Wills that did not directly affect international politics are nonetheless interesting for the glimpses they provide into the life of the testator.

Queen Victoria drafted her last will and testament at Balmoral, her private residence in Scotland. The original document is preserved in Windsor Castle, England. Victoria left written instructions to her staff concerning personal objects she wanted included in her coffin. For instance, she asked to be buried with a cast of her husband’s hand, one of his cloaks, and one of his handkerchiefs. Additionally, she directed that several of her own lockets and bracelets, wedding rings, and a photograph of her private servant be placed in the coffin. Finally, she asked her servants to include a sprig of Balmoral heather in her coffin and ordered that a layer of charcoal be placed under her body.

Queen Victoria left £140,000 each to her children Prince Albert, Princess Christian (born Princess Helena), Princess Louise, and Princess Beatrice. These bequests would be worth around $24 million each today. The Duchess of Albany (married to Victoria’s youngest son) and several of Victoria’s many grandchildren were also given substantial bequests. Queen Victoria’s oldest son and successor to the throne of England, King Edward VII, inherited the bulk of her considerable fortune, including Balmoral and Osborne, her residence on the Isle of Wight. The Boston Globe estimated that her total estate was $100 million when she died.

William Shakespeare

Shakespeare’s last will and testament, drafted on March 25, 1616, contains important information about his life, family, professional associates, and property that is available nowhere else. The will was probably drafted by a clerk in his attorney’s office, for it lacks Shakespeare’s flair. He signed each of the three pages of his will in his own hand. Shakespeare left most of his property to his two daughters, Susanne Hall and Judith Quiney. He also gifted money to his sister Joan Hart and her three sons, and plate to his granddaughter Elizabeth Hall. Shakespeare bequeathed a large silver bowl to his daughter Judith, a sword to Thomas Combe, and his second-best bed to his wife Anne Hathaway. Historians have noted the gift of his second-best bed to Anne and speculate that the bequest might indicate an estrangement between them. Anne is mentioned nowhere else in his will, so their marital relationship may have been difficult.

Shakespeare’s three signatures are different—perhaps because he was ill when he signed the will and was in an awkward position to execute a document from bed. His will was attested by Francis Collins, Shakespeare’s attorney, and four friends. Shakespeare named his daughter Susanne Hall and her husband John Hall as executors of his estate. His will was probated on June 22, 1616. The inventory of his goods has been lost, probably in the Great Fire of London in 1666. Shakespeare’s estate consisted of cash, four houses, personal property, and land worth under £1,000 in total. Shakespeare’s wife, Anne, would have received one third of his estate automatically, so there was no need for him to mention the second-best bed in his will. Shakespeare’s original will is stored at the National Archives in Kew, England.

George Washington

George Washington’s will illustrates the enduring influence that English common law had on American wills, even after the colonies won their independence. Washington drafted two versions of his will and, while on his death bed, he decided which one he wanted to be effective. He asked his wife Martha to burn one will and safeguard the other, which is currently preserved at Mount Vernon, in Virginia. Washington owned vast sections of wilderness land in the West; improved lots in Washington, D.C., and Alexandria, Virginia; and large tracts of semi-improved land in Ohio, Maryland, Pennsylvania, and New York. Washington directed that all his debts be paid by his executor. The primary goal of his will was to care for his wife Martha, and he directed his executor to make certain that she was supported from the estate for the rest of her life. At Martha’s death, Washington’s remaining estate was to be divided among a group of named beneficiaries.

Washington forgave debts owed by his brother Samuel’s estate, loans advanced to his brother’s sons, and debts owed by Martha’s brother. Washington also directed that the enslaved people he owned should be freed after Martha’s death. He provided financial support for those enslaved people upon their emancipation, and he stipulated that young, enslaved people be educated and trained in a useful occupation upon their manumission. Washington prohibited the sale or transportation from Virginia of the enslaved people he owned, and he ordered his executors to care for them. Washington wanted to free the enslaved people owned by Martha, but he could not do so because they were owned by her in dower. In fact, those enslaved people had to be returned to the family of Martha’s first husband upon her death. 8 Washington immediately freed the enslaved man William Lee and gave him $30 annually so long as William Lee lived. In contrast, upon her death, Martha Washington did not free the only enslaved person she owned in her own right but, rather, transferred ownership of the enslaved man called Elisha to her son. 9

Washington gifted $4,000 to support a school for orphans and to establish a “University” in Washington, D.C., although the university never operated. He also gave shares in the James River Company to Liberty Hall Academy, which later became Washington College. Following the Civil War, Robert E. Lee served as president of Washington College from 1865 until his death in 1870. Later, the school became Washington and Lee University in Lexington, Virginia. Washington gave all his military and government papers to Bushrod Washington for safekeeping and also bequeathed him Mount Vernon and a substantial parcel of land around it. Washington gifted a gold-headed cane given to him by Ben Franklin to his brother Charles Washington. Washington gave lands East of Little Hunting Creek to George Fayette Washington and Charles Washington and a large tract of land to Martha’s children from her first marriage. Washington directed that the remainder of his estate be sold, divided equally, and given to a list of specifically named beneficiaries. Washington signed and sealed his will on July 9, 1799.

Thomas Jefferson

Like Washington’s will, Thomas Jefferson’s will prioritized the distribution of property and care for his descendants. Dated March 16, 1826, the will was a two-page holographic will, to which Jefferson added a codicil the next day. Jefferson gave his grandson all the lands at Poplar Forest bounded by various creeks and public roads and subjected all his other property to the payment of any debts remaining at his death. Because his son-in-law was insolvent, Jefferson left the remainder of his estate to his grandson Thomas J. Randolph, to be held in trust for the sole benefit of Jefferson’s daughter, Martha Randolph and her heirs. Jefferson appointed Thomas J. Randolph his primary executor and named Nicholas P. Trist and Alexander Garrett as successor executors and trustees.

In a codicil to his will, Jefferson asked that his daughter, Martha Randolph, take care of his sister, Ann S. Marks, for the remainder of Marks’ life. Jefferson gave his friend James Madison a gold-mounted walking staff of animal horn, and he gave his extensive library to the University of Virginia, which he founded. Jefferson gave a silver watch to his grandson Thomas J. Randolph, explaining that it was better than his gold one, and he gave a gold watch to each of his grandchildren, freed an enslaved man named Burwell, and gave Burwell the sum of $300. Jefferson also dictated that the enslaved men John Hemings and Joe Fosset should be freed one year after his death and specified that his estate should build a “comfortable” log cabin for each man.

Robert E. Lee

Robert E. Lee’s holographic will bears striking similarities to Jefferson’s. On August 31, 1846, Lee drafted a holographic will directing that all his debts be punctually paid. He gave the balance of his estate to his wife Mary Custis Lee, 12 for her support and the care and education of their children for the term of her natural life. At the time the will was written, Lee had an estate valued at $38,750. Following his wife’s death, Lee specified that his estate be divided among his children “in such portion to each as their situations and necessities in life may require and as may be designated by her” (his wife). Lee specifically noted in his will that his daughter Ann Carter may be in more need than the other children and should be considered appropriately because one of her eyes was injured in an accident. He appointed his wife as executrix and his son George Washington Custis Lee as executor of his estate. Lee added a codicil to his will freeing an enslaved woman named Nancy and her children at the White House, New Kent, as soon as it could be done to their advantage. However, Nancy and her children did not have to wait for Lee’s death to be emancipated. Lee later claimed that he freed all his enslaved people before the Civil War, but at the latest, they would have been emancipated during the Civil War, and their freedom guaranteed by the passage of the Thirteenth Amendment to the United States Constitution.

Lee’s will was produced in court on November 7, 1870, and proved by the oaths of Governor J. Letcher and Colonel William Allen. His wife did not want to qualify as executrix so the task was assumed by Lee’s son George Washington Custis Lee. Lee’s estate was estimated to be less than $50,000, a duty stamp of $1.00 was paid on the executor’s bond, and $50 in state tax assessed.

Abraham Lincoln

In contrast to Lee, Abraham Lincoln died intestate, and because he left no will, his estate was distributed according to the intestate laws of Illinois. Generally, intestate property passes to the decedent’s spouse and descendants or closest living relatives. As is well known, Lincoln died from a gunshot wound to the head on April 15, 1865. Shortly after Lincoln’s death, his son Robert sent a telegram to Supreme Court Justice David Davis, asking that he handle Lincoln’s estate as court-appointed administrator. The family wrote a letter to the Judge of the Sangamon County Court in Illinois, asking him to appoint Justice Davis administrator of Lincoln’s estate, which was done.

In his initial filing with the Illinois state court, Justice Davis estimated Lincoln’s estate to be worth $65,000 and stated that it was to be divided among Mary Todd Lincoln and the Lincoln’s two surviving sons in equal shares. Mary could have requested an additional cash allowance as a widow, but she declined. Congress voted the tax-free equivalent of one year’s salary for a United States President ($25,000) to Mary. Lincoln’s estate was settled in November 1867, listing a total value of $110,296.80 (worth approximately $1.6 million in 2019 dollars). Justice Davis took no compensation for his services as administrator of the Lincoln estate.

Franklin Delano Roosevelt

In the 20th century, the focus of wills continued to be on the personal rather than on the political. Franklin Roosevelt executed his will on November 12, 1941, approximately three weeks before the Japanese navy attacked Pearl Harbor. In his will, Roosevelt directed that all his debts, funeral expenses, and taxes be paid out of his estate as soon as practicable. He also asked that a simple stone be placed over his grave and the grave of his wife in the garden of his property in Hyde Park, New York. Roosevelt gave the land he owned in the State of Georgia to the Georgia Warm Springs Foundation, along with all buildings and improvements on the land and all personal property in the buildings.

Roosevelt gave one hundred dollars to each of his servants, and he gave his wife Ann Eleanor Roosevelt all his tangible personal property, except for the personal property in Georgia. Roosevelt gave his home in Hyde Park, New York, to the United States Government, along with most of the personal property in the house. Roosevelt placed the remainder of his estate in trust, and named his son, James Roosevelt, and his friend, Basil T. Hackett, as trustees. Roosevelt stipulated that his trustees shall pay one-half the net income from the residuary trust to his wife in quarterly installments for her natural life. The other half of the net income from his estate was to be paid to his private secretary, Marguerite A. Le Hand, in such amounts and at such times as his trustees determined, in their sole discretion, not to exceed $1,000 annually.

After the death of his wife, Roosevelt stipulated that one-half of the principal remaining in the trust be distributed to his surviving children and the issue of his deceased children per stirpes and not per capita. The remaining one-half of the trust principal was to be divided into as many equal shares as there were living children and surviving issue of deceased children.

Ernest Miller Hemingway

In contrast to Roosevelt’s direction that his children and grandchildren inherit directly from his estate, author Ernest Hemingway intentionally omitted his children from his will. He drafted a handwritten will on September 17, 1955, at Finca Vigia, San Francisco De Paula, Cuba. He revoked all prior wills and devised his entire estate to his wife Mary and named her executrix of his estate to serve without bond. Hemingway stated that he had intentionally omitted gifts to his children because he was confident Mary would care for them according to instructions already given her. Three people witnessed Hemingway’s will. He died on July 2, 1962, of a self-inflicted gunshot. At the time of his death, his estate was valued at $1.4 million, most of which was from sales of his writings, and consisted primarily of stocks and bonds.

John Fitzgerald Kennedy

John Kennedy executed his will on June 18, 1954, in Washington, D.C. He revoked all prior wills and directed his executors to pay all just debts and funeral expenses. He gave $25,000 to his wife Jacqueline B. Kennedy, together with all his personal effects owned at the time of his death. Kennedy directed his executors to divide his remaining estate into two equal parts, giving one share to his wife if she survived him and one share to his children. Mrs. Kennedy’s share was to be held in trust for her benefit, and the trustees were directed to pay her stipends semi-annually, in the trustee’s discretion. If Mrs. Kennedy did not survive her husband, her share would be distributed to their children according to the terms of the will. Conversely, if no children survived at the time of President’s Kennedy’s death, the trust for Mrs. Kennedy’s benefit would receive the children’s share of the estate.

The children’s share of Kennedy’s estate was likewise placed in trust. Kennedy directed that the income from the children’s share of his estate was to be paid as determined by his trustees, for so long as his children lived. At the death of any child, the balance of his or her trust assets were to be paid to any living issue of the deceased child in equal shares per stirpes. If there was no issue, the deceased child’s share would be paid into a trust for the benefit of the remaining surviving children.

Finally, if neither his wife nor any children survived him, Kennedy stipulated that his estate should be distributed as if he had died intestate. Kennedy appointed his wife Jacqueline B. Kennedy and his brothers Robert F. Kennedy and Edward M. Kennedy as executors and trustees of his estate and trust.

Winston Churchill

The will of former British Prime Minister Winston Churchill demonstrated care for both his personal and political legacies. Churchill executed his will on October 20, 1961, and later added two codicils. Churchill appointed his wife Clementine, his daughter Mary Soames, and John Rupert Colville as executors and trustees of his estate—to be paid £500, respectively, if they agreed to administer his estate and trust. Churchill asked to be buried in the Churchyard of Bladon in the County of Oxford, England. Churchill gave his wife all recordings of his speeches, all his articles and unfinished manuscripts, and all his other literary works with full benefit of copyrights.

Churchill also gave his state papers to his wife, but if she died before him, then to the trustees of a 1946 deed of settlement joint stock company (an English legal entity similar to a private company or trust). He gave all his many public awards to his heirs and asked that they make reproductions of them to be displayed at Chartwell, his family home. Churchill noted in his will that Chartwell had been accepted by the English National Trust and asked his wife to make a list of his personal items that were suitable to be retained in the house as a fitting museum. Churchill gave his wife permission to sell any of the several paintings by him, which he had given her over the years.

Churchill gave his son-in-law Arthur John Soames brood mares and fillies “as he may select not exceeding three in number or seven thousand pounds total.” Churchill also gave his son-in-law the option to purchase all the horses, a farm, and a freehold cottage he owned at the time of his death, at the price set by the estate duty agency. If his son-in-law did not exercise the option, Churchill directed that these assets be sold by his executors and added to his estate.

Churchill asked that his executors pay all his debts and directed that the remainder of his estate be split into three equal parts, with one share going to his wife and the other two shares to any of his children living at the time of his death in equal portions. If his wife died before him, he directed that her share be given to his living children or their descendants in equal shares. Churchill gave his trustees wide discretion in the investing of his funds after his death and exonerated his trustees for any potential loss of funds for any reason except intentional fraud. Churchill’s written will was entered into probate court on February 9th, 1965.

Conclusion

Across centuries and borders, the wills of these famous people show the variety of ways in which individuals can deal with their property upon death. The laws pertaining to the wills discussed all followed the same general framework that has persisted in European and American societies for centuries. 18 Each testator was able to create an estate plan that reflected his or her particular station in life and personal priorities.

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