diff options
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 33362-8.txt | 1219 | ||||
| -rw-r--r-- | 33362-8.zip | bin | 0 -> 17185 bytes | |||
| -rw-r--r-- | 33362-h.zip | bin | 0 -> 19494 bytes | |||
| -rw-r--r-- | 33362-h/33362-h.htm | 1466 | ||||
| -rw-r--r-- | 33362.txt | 1219 | ||||
| -rw-r--r-- | 33362.zip | bin | 0 -> 17171 bytes | |||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 |
9 files changed, 3920 insertions, 0 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/33362-8.txt b/33362-8.txt new file mode 100644 index 0000000..3be5288 --- /dev/null +++ b/33362-8.txt @@ -0,0 +1,1219 @@ +The Project Gutenberg EBook of The Will of Samuel Appleton, by +Samuel Appleton and Nathaniel Ingersoll Bowditch + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Will of Samuel Appleton + with remarks by one of the executors + +Author: Samuel Appleton + Nathaniel Ingersoll Bowditch + +Release Date: August 6, 2010 [EBook #33362] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE WILL OF SAMUEL APPLETON *** + + + + +Produced by Jeannie Howse and Friend, and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by The Internet Archive/American Libraries.) + + + + + + + + + + THE + + WILL + + OF + + SAMUEL APPLETON; + + WITH + + REMARKS + + BY + + ONE OF THE EXECUTORS. + + + BOSTON: + PRINTED BY JOHN WILSON & SON, + 22, SCHOOL STREET. + 1853. + + + + +REMARKS. + + +Samuel Appleton was born at New Ipswich, N.H., June 22, 1766, and +died, without issue, at his residence in Boston, on Tuesday, July 12, +1853; having just entered on the eighty-eighth year of his age. + +In November, 1819, he married Mrs. Mary Gore, who was much younger +than himself. This union has been marked, on his side, by the most +unvarying confidence and sincere affection. He has ever found his own +delight in gratifying each wish of his wife with an almost boundless +indulgence. And she--the brilliant and happy mistress of his +hospitable mansion--has been alike admirable, when presiding over its +social circle, or its more public gayeties; and when, in its private +recesses, she has devoted herself to what she has ever felt to be her +highest duty and her chief privilege,--that of guarding the declining +years of her husband with the most kind and thoughtful care; cheering +his pathway to the tomb by those considerate attentions, which, both +in life and in death, he so gratefully appreciated and acknowledged. + +On the last morning of his life, he enjoyed his usual health. During +the day, however, he suffered pain and uneasiness, apparently the +result of indigestion. Mrs. Appleton, therefore, remained constantly +with him, but without feeling any serious apprehensions. He at length +seemed to be entirely relieved by the means used, and said, "I will +now try to go to sleep." In a few moments, Mrs. Appleton was alarmed +by hearing him breathe once or twice much more loudly than usual. She +ran to his bedside, and his favorite female attendant was immediately +summoned. He was still lying in the same attitude of repose. The sleep +that had fallen upon him so gently was the sleep of death! + +This event at once called forth a universal and spontaneous expression +of regard for the deceased from the community in which he had so long +lived. It was unrestrained by any differences of political opinion or +of religious sentiment. Thus, in the "Boston Post," the organ of the +Democratic party of Boston, there appeared the following +communication:-- + + "SAMUEL APPLETON is dead! Never has there been summoned from + among us a purer man or a more public-spirited citizen. + Possessing strong natural sense and the most plain and + unaffected manners, he was truly simple-hearted and + noble-minded. There was nothing about him of ostentation or + pretence. All his _acts_, during a long life, praise him. + Beginning with humble prospects, by industry and intelligence + he became one of our wealthiest merchants. As a country + schoolmaster, during the winter months, he was once, when a + young man, '_put up at auction_, to be boarded out in the + family that would consent to take him at the lowest rate.'[1] + Latterly, for many years, probably not a day has passed without + the performance of some deed of kindness great or small,--some + act of public or private munificence; and each evening saw him + sink to rest, happy in the consciousness that he had made + others happy. In a notice of him, as a benefactor of one of our + chief charitable institutions, published not long since, it is + said: 'In advanced age, and unable to walk from his house, he + continues in the highest and best sense to enjoy life. He has, + indeed, no children; but a numerous band of nephews and nieces + look up to him with truly filial regard. Indeed, the community + itself ventures to apply to him _their_ familiar and + affectionate appellation of "Uncle Sam." This name, in the + abstract so dear to every patriot, could not be more worthily + bestowed.'[2] That life, so honorable and so useful, rendered + sweet by the daily blessings of those whose necessities or + sufferings have been relieved by his bounty, has been fitly + closed by a calm and peaceful death." + +Obituary notices of a like favorable character, and characteristic +anecdotes, &c., were inserted in the "Daily Evening Transcript," the +"Boston Courier," and the "Christian Register," and also in various +other journals. + +Public funeral services were held at the Stone Chapel, on Friday +afternoon, at four o'clock. The Hon. Thomas H. Perkins, and a few +other surviving contemporaries of the deceased, were present among the +assemblage of relatives and friends by which the church was filled. + +He was buried at Mount Auburn, in a lot which he had purchased many +years ago, and on which he had erected a costly monument. Designing to +embellish that field of the dead, he had authorized an artist in a +foreign country to execute this work without regard to expense. When +completed, it was not in accordance with the simple tastes of Mr. +Appleton. He even desired that he might be buried in his tomb, under a +church in Boston, rather than in the beautiful spot which he had thus +selected and adorned. The existing ordinance of the city rendered it +impossible to comply with this suggestion; and indeed it seemed to be, +on other grounds, inexpedient. + +At a stated quarterly meeting of the Trustees of the Massachusetts +General Hospital, held on the same day, the following preamble and +votes, as proposed by the Chairman, were unanimously adopted, viz.:-- + + "The funeral of the late Hon. Samuel Appleton takes place this + afternoon; and the bells of the city are now tolling as a + public expression of respect for one of its worthiest sons and + its noblest benefactors, who, at the advanced age of + eighty-seven years, has died universally beloved and regretted. + + "Formerly a Trustee of this Institution, and ever cherishing a + lively interest in its welfare, we are happy to acknowledge our + indebtedness to him, alike for his valuable personal services, + and for a large share of that bounty which he has always so + wisely and so liberally bestowed. + + "This Board would present to the widow of the deceased, by whose + affectionate attentions and devoted care his life has been for + so many years prolonged and rendered happy, the assurances of + their profound sympathy, now that she has lost a companion and + friend by whom she was most tenderly beloved. + + "_Voted_, That this Board do now adjourn to attend the funeral + of the deceased." + +Mr. Appleton left a Will and Codicil, of which a few copies are +printed for the use of his executors and legatees. + +These documents were opened and read in the presence of the widow and +some of the relatives, on Saturday, July 16; and the following +anecdote was then related by one of the Executors:-- + +The late Isaac Appleton Jewett was a favorite nephew of the deceased, +and, as such, had a bequest of $30,000, and was eventually to receive +besides one-tenth part of the residuary property. He died in January +last, leaving as his heir-at-law a half-sister, who, by the terms of +the will, became entitled to these bequests. There was no +blood-relationship between her and the Testator. _A comparative +stranger would thus be a larger legatee than any one of his own +kindred._ The Executor called Mr. Appleton's attention to this fact. +His reply was: "I am much obliged for the suggestion: it was a proper +one for you to make. I will consider, and let you know my decision +to-morrow." The next day he said: "I have been thinking of what you +mentioned to me; and if, in the other world, there is any knowledge of +what is done in this, I should not like to have my nephew, whom I so +loved and trusted, find that my first act, on learning his death, is +the revocation or curtailment of a bequest made in his favor, and +which, if he had survived me, would have eventually benefited her who +was nearest and dearest to him. _The will must stand as it is._" This +confirmation of a private bequest is no less honorable to the memory +of Mr. Appleton, than are those other two provisions of his will by +which he so bountifully remembers the servants of his household, and +appropriates to public uses so large a part of his princely fortune. + + N.I.B. + + + * * * * * + +FOOTNOTES: + +[1] "History of the Massachusetts Hospital," 1851. + +[2] "History of the Massachusetts Hospital," 1851. + + * * * * * + + + + +WILL OF SAMUEL APPLETON. + + + + +THE + +LAST WILL AND TESTAMENT + +OF + +SAMUEL APPLETON. + + +Be it remembered, That I, SAMUEL APPLETON, of Boston, in the County of +Suffolk and State of Massachusetts, merchant, being of sound disposing +mind and memory, and in good health, but aware of the uncertainty of +life, and desirous of making a disposition of such property as I may +leave at the time of my decease, do make, publish, and declare this my +last Will and Testament, in manner and form following, to wit:-- + + [Sidenote: To his wife, $122,000.] + +I give and bequeath to my beloved wife, Mary Appleton, one hundred and +thirty thousand dollars, in the manner following, to wit:-- + + [Sidenote: Viz. $100,000.] + +1st. The sum of one hundred thousand dollars in cash, to be paid to +her by my executors. + + [Sidenote: House, 53, Beacon-street, at $14,000;] + +2d. My land and house in Beacon-street, Boston, numbered fifty-three, +now occupied by Mrs. Goodwin, and valued by me at fourteen thousand +dollars, to hold to her and her heirs. + + [Sidenote: And $6000 to put said House in order.] + +3d. The sum of six thousand dollars in cash to be paid to her by my +executors for the purpose of putting said house in good order and +condition. + + [Sidenote: Or the $20,000 in cash, if she prefers.] + +If, however, my wife do elect to accept the sum of twenty thousand +dollars in cash, instead of said land and house in Beacon-street, and +said six thousand dollars, then and in that case it is my will that +the sum of twenty thousand dollars in cash be paid to her by my +executors. + + [Sidenote: A clause revoked by the Codicil.] + +[4th. Any of the plate and furniture belonging to me at the time of my +decease, at the appraised value thereof, to the amount of eight +thousand dollars.] + + [Sidenote: Pew, horses, &c., shares in Athenĉum, $2000.] + +5th. My pew in King's Chapel in Boston, numbered two; also two shares +in the Boston Athenĉum; also the horses and carriages belonging to me +at the time of my decease,--all valued by me at two thousand dollars. + + [Sidenote: All in lieu of dower.] + +The provision thus made for my beloved wife is designed to be in full +satisfaction of her right of dower, or thirds, in my estate. + + + [Sidenote: To the children of Isaac Appleton, $60,000; viz.:--] + +I give and bequeath to the heirs of my brother Isaac Appleton, of +Dublin, State of New Hampshire, the sum of sixty thousand dollars, to +be distributed among them in the manner following, to wit:-- + + [Sidenote: To Mrs. Todd, $3000;] + +1st. To Mrs. Sarah Todd, of Byron, State of New York, daughter of my +brother Isaac Appleton, the sum of three thousand dollars. + + [Sidenote: And to each of her six children, $3000.] + +To the six children of the said Sarah Todd, grandchildren of my +brother Isaac Appleton, the sum of three thousand dollars to each and +every one of them. + + [Sidenote: To Mrs. Mary Davis, $3000;] + +2d. To Mrs. Mary Davis, of Lee County, State of Illinois, daughter of +my brother Isaac Appleton, the sum of three thousand dollars. + + [Sidenote: And her son, $3000.] + +To Cyrus A. Davis, son of the said Mary Davis, grandson of my brother +Isaac Appleton, the sum of three thousand dollars. + + [Sidenote: To Mrs. Kendall, $3000.] + +3d. To Mrs. Harriet G. Kendall, of Dublin, State of New Hampshire, +daughter of my brother Isaac Appleton, the sum of three thousand +dollars. + + [Sidenote: To her three children, each $3000.] + +To the three children[3] of the said Harriet G. Kendall, grandchildren +of my brother Isaac Appleton, the sum of three thousand dollars to +each and every one of them. + + [Sidenote: To David Appleton, $3000.] + +4th. To David Appleton, of Dublin, State of New Hampshire, son of my +brother Isaac Appleton, the sum of three thousand dollars. + + [Sidenote: To Joseph's four children, each $3000; viz. + Joseph B., Eugene, Mrs. Bagley, Mrs. Preston.] + +5th. To Joseph B. Appleton, of Lee County, State of Illinois; to +Eugene Appleton; to Mrs. Celestia Bagley; to Mrs. Mary Preston; being +the four children of Joseph Appleton deceased, and grandchildren of my +brother Isaac Appleton,--the sum of three thousand dollars to each and +every one of them. + + [Sidenote: To Mrs. Sarah Davis, $3000.] + +6th. To Mrs. Sarah Davis, of Ashby, State of Massachusetts, daughter +of Mrs. Emily Eastabrooks deceased, and granddaughter of my brother +Isaac Appleton, the sum of three thousand dollars. + + [Sidenote: To Mrs. Marr, $3000.] + +7th. To Mrs. Mary Jane Marr, of Scarboro', State of Maine, daughter of +Samuel Appleton deceased, and granddaughter of my brother Isaac +Appleton, the sum of three thousand dollars. + + [Sidenote: To the children of Dr. Moses Appleton, $60,000; viz.:] + +I give and bequeath to the four children of my late brother, Doctor +Moses Appleton, of Waterville, State of Maine, the sum of sixty +thousand dollars, to be distributed among them in the manner +following, to wit:-- + + [Sidenote: Samuel, $15,000.] + +1st. To Samuel Appleton, of Waterville, State of Maine, son of my late +brother, Doctor Moses Appleton, the sum of fifteen thousand dollars. + + [Sidenote: Moses L., $15,000.] + +2d. To Moses L. Appleton, of Bangor, State of Maine, son of my late +brother, Doctor Moses Appleton, the sum of fifteen thousand dollars. + + [Sidenote: Mrs. Wells, $15,000.] + +3d. To Mrs. Ann Louisa Wells, of Portland, State of Maine, daughter of +my late brother, Dr. Moses Appleton, the sum of fifteen thousand +dollars. + + [Sidenote: Mrs. Plaisted, $15,000.] + +4th. To Mrs. Mary Jane Plaisted, of Waterville, State of Maine, +daughter of my late brother, Doctor Moses Appleton, the sum of fifteen +thousand dollars. + + [Sidenote: To Eben Appleton's children, $60,000; viz.:--] + + +I give and bequeath to the three children of my deceased brother Eben +Appleton, the sum of sixty thousand dollars, to be distributed among +them in the manner following, to wit: + + [Sidenote: S.A. Appleton, $25,000.] + +1st. To Samuel A. Appleton, of Boston, son of my deceased brother Eben +Appleton, the sum of twenty-five thousand dollars. + + [Sidenote: Wm. S. Appleton, $25,000.] + +2d. To William S. Appleton, of Baltimore, State of Maryland, son of my +deceased brother Eben Appleton, the sum of twenty-five thousand +dollars. + + [Sidenote: Mrs. Blatchford, $10,000.] + +3d. To Mrs. Caroline F. Blatchford, of Auburn, State of New York, +daughter of my deceased brother Eben Appleton, the sum of ten thousand +dollars. + + + [Sidenote: To the children of Nathan Appleton, $60,000; viz.:] + +I give and bequeath to the six children of my brother Nathan Appleton, +of Boston, the sum of sixty thousand dollars, to be distributed among +them in the manner following, to wit:-- + + [Sidenote: Mrs. Mackintosh, $10,000.] + +1st. To Mrs. Mary Mackintosh, daughter of my brother Nathan Appleton, +the sum of ten thousand dollars. + + [Sidenote: Mrs. Longfellow, $10,000.] + +2d. To Mrs. Fanny E. Longfellow, daughter of my brother Nathan +Appleton, the sum of ten thousand dollars. + + [Sidenote: Thomas G., $10,000.] + +3d. To Thomas G. Appleton, son of my brother Nathan Appleton, the sum +of ten thousand dollars. + + [Sidenote: Harriot, $10,000.] + +4th. To Harriot Appleton, daughter of my brother Nathan Appleton, the +sum of ten thousand dollars. + + [Sidenote: William S., $10,000.] + +5th. To William S. Appleton, son of my brother Nathan Appleton, the +sum of ten thousand dollars. + + [Sidenote: Nathan, $10,000.] + +6th. To Nathan Appleton, son of my brother Nathan Appleton, the sum of +ten thousand dollars. + + + [Sidenote: To Mrs. Barrett's children, $30,000, viz.:] + +I give and bequeath to the two children of my sister, Mary Barrett, of +New Ipswich, State of New Hampshire, the sum of thirty thousand +dollars, to be distributed between them in the manner following, to +wit:-- + + [Sidenote: Mrs. Bent, $15,000.] + +1st. To Mrs. Mary Narcissa Bent, daughter of my sister Mary Barrett, +the sum of fifteen thousand dollars. + + [Sidenote: Mrs. Spalding, $15,000.] + +2d. To Mrs. Dora E. Spalding, daughter of my sister Mary Barrett, the +sum of fifteen thousand dollars. + + + [Sidenote: To Mrs. Jewett's son, Isaac A. Jewett, $30,000.] + +I give and bequeath to Isaac Appleton Jewett, son of my deceased +sister Emily Jewett, the sum of thirty thousand dollars. + + [Sidenote: To Maria Goodwin, $7000.] + +I give and bequeath to Miss Maria Goodwin, niece of my beloved wife, +who has for many years resided in my house as one of my family, the +sum of seven thousand dollars. + + + [Sidenote: Mrs. Goodwin, $1000.] + +I give and bequeath to Mrs. Maria Goodwin, sister of my beloved wife, +the sum of one thousand dollars. + + + [Sidenote: Mary Goodwin, $1000.] + +I give and bequeath to Miss Mary Goodwin, daughter of the said Mrs. +Maria Goodwin, the sum of one thousand dollars. + + + [Sidenote: Delia Goodwin, $1000.] + +I give and bequeath to Miss Delia Goodwin, daughter of the said Mrs. +Maria Goodwin, the sum of one thousand dollars. + + + [Sidenote: Rev. E. Peabody, $5000.] + +I give and bequeath to my friend and pastor, the Rev. Ephraim Peabody, +of Boston, the sum of five thousand dollars. + + + [Sidenote: The servants, $5000.] + +I give and bequeath to the servants who may be living with me at the +time of my decease the sum of five thousand dollars, to be distributed +among them in the manner and according to proportions fixed upon by +my beloved wife. + + + [Sidenote: To his Executors, $200,000 for public uses.] + +And I do also hereby give and bequeath to my executors hereinafter +named--or such of them as shall accept the trust, the survivors or +survivor of them, to be by them applied, disposed of, and distributed, +for scientific, literary, religious, or charitable purposes--the +following manufacturing stocks at their par value, estimated at two +hundred thousand dollars, and situated as follows, to wit:-- + +1st. _At Manchester, State of New Hampshire._ + + Fifty shares in the Amoskeag Manufacturing Company. + Forty shares in the Stark Mills. + Ten shares in the Manchester Print Works. + +2d. _At Lowell, State of Massachusetts._ + + Twenty shares in the Merrimac Manufacturing Company. + Twenty shares in the Appleton Manufacturing Company. + Twenty shares in the Hamilton Manufacturing Company. + Twenty shares in the Suffolk Manufacturing Company. + Twenty shares in the Massachusetts Cotton Mills. + +My wishes in regard to the particular institutions or objects to which +the aforesaid manufacturing stocks are to be applied, and also the +time and mode of the application thereof, I intend to make known to +my executors; and I feel sure that they will strictly comply with the +same; and, in default of any such directions from me, I have +confidence in their making such a disposition and distribution of said +property as they will think would be most likely to meet my +approbation. + + + [Sidenote: Powers of sale, &c.] + + [Sidenote: Estate to be settled in 2 years.] + +I hereby fully authorize and empower and direct my executors +hereinafter named, or such of them as shall accept the trust, the +survivors or survivor of them, or any administrator on my estate, to +sell and convey at public auction, or by private sale, at such times +and on such conditions as they shall judge best, any and all estate +and property, real, personal, and mixed, of which I may die seized or +possessed, saving and excepting only such as herein is specifically +given to my beloved wife; and likewise the said land and house devised +to my beloved wife, in case she shall elect not to take the same; and +to make and deliver good and sufficient conveyances and transfers +thereof; the purchasers to be in nowise bound to see to the +appropriation of the purchase-money: it being my wish that my estate +should be settled as soon as convenient after my decease, and, if +practicable, within two years thereafter. + + [Sidenote: Residue to his nephews, nieces, &c. in sums + corresponding to their specific bequests respectively.] + +If, after the conversion of the residue of my estate into money, and +the payment of all my debts, and the distribution and payment of all +the bequests in this my Will, contained in accordance with the +foregoing dispositions, any residue should remain, it is my will that +the amount of said residue be distributed among the children and +grandchildren of my brother Isaac Appleton, and among the children of +my late brother Doctor Moses Appleton, and among the children of my +deceased brother Eben Appleton, and among the children of my brother +Nathan Appleton, and among the children of my sister Mary Barrett, and +of my deceased sister Emily Jewett, hereinbefore named, in proportions +corresponding to the amounts or sums which said heirs are respectively +entitled to receive by virtue of the original dispositions in this my +Will. + + [Sidenote: No legacy to lapse by death of legatee.] + +If any of the legatees named in this Will should die in my lifetime, +then and in that case, whatever is herein given to such legatee I give +to and among those who at my decease may be heirs-at-law of such +legatee by the Statute of Distributions of this Commonwealth, as to +any real estate of which said legatee should then have died seized. + + [Sidenote: Liability of Executors.] + +I direct that my executors shall each be liable only for his own +actual receipts and his own wilful defaults, and not the one for the +other or others. + + [Sidenote: Executors named.] + +I appoint Nathan Appleton, William Appleton, Nathaniel Ingersoll +Bowditch, and Isaac Appleton Jewett, to be the executors of this my +last Will and Testament, hereby revoking all Wills by me heretofore +made. + +In witness whereof, I have hereunto set my hand and seal on this +twenty-eighth day of February, in the year of our Lord one thousand +eight hundred and fifty-one. + + (Signed) + SAML. APPLETON [AND A SEAL]. + + Signed, sealed, published, and declared by + said Testator to be his last Will and + Testament, in presence of us, who, at + his request, and in his presence, and in + presence of each other, have hereunto + set our names as witnesses. + + JOSEPH TILDEN. + MOSES L. HALE. + FRANKLIN H. STORY. + + + * * * * * + +FOOTNOTES: + +[3] One of these children died before the Testator. The father, as his +heir, is entitled to his share, by a subsequent provision of the +Will. + + * * * * * + + + + +CODICIL. + + +I, SAMUEL APPLETON, of Boston, in the County of Suffolk, and State of +Massachusetts, merchant, having further considered my last Will and +Testament, bearing date the twenty-eighth day of February, in the year +of our Lord one thousand eight hundred and fifty-one, do think proper +to make and publish the following as a Codicil thereunto. + + + [Sidenote: Revokes a clause of the Will;] + +I do hereby revoke and cancel that clause in said last Will and +Testament, giving unto my beloved wife "any of the plate and furniture +belonging to me at the time of my decease, at the appraised value +thereof, to the amount of eight thousand dollars;" and in lieu thereof +I do make the following dispositions:-- + + [Sidenote: And gives to widow his mansion-house, 37, + Beacon-street,] + +I give and devise unto my beloved wife the dwelling-house, with the +stables, lands, and appurtenances thereunto belonging, now occupied by +me, being the dwelling-house numbered thirty-seven in Beacon-street, +Boston, to have and to hold the same to her, her heirs and assigns for +ever. + + [Sidenote: And all the plate, &c. therein.] + +And I do also give and bequeath unto my beloved wife all the plate, +furniture, pictures, statuary, books, stores, and other household +articles, belonging to me at the time of my decease; and it is my wish +that no inventory be taken of the same. + + [Sidenote: Legatees may take property at appraisement, &c.] + +And it is also my wish that each and every of the legatees, in said +last Will and Testament named, may, with the advice and consent of my +executors, take, in lieu of the money to which they are entitled by +said last Will and Testament, any of the property, left by me at the +time of my decease, at the appraised value thereof. + + [Sidenote: Bonds of Executors to be only in a penalty + adequate to protect creditors.] + +And I do also direct that the executors of my said last Will and +Testament shall give bonds in such sum only as the Judge of Probate +may consider sufficient for the payment of the amount of my debts. + +In witness whereof, I have hereto set my hand and seal, this eighth +day of October, in the year of our Lord one thousand eight hundred and +fifty-two. + + (Signed) + SAML. APPLETON [AND A SEAL]. + + Signed, sealed, published, and declared by + said Testator to be a Codicil to his + last Will and Testament, in presence of + us, who, at his request, and in his + presence, and in presence of each other, + hereto set our names as witnesses. + + JOSEPH TILDEN. + FRANKLIN H. STORY. + FRANCIS C. LOWELL. + + + + +RECAPITULATION. + + + + +RECAPITULATION. + + + To the widow (by the Will), $108,000 in personal + property, and $14,000 in real estate; or all in + personal property, at her option; and (by the + Codicil), his mansion-house, and all in it; of + the value of $200,000 + + To the descendants of each of his four brothers + (Isaac, Moses, Eben, and Nathan Appleton), $60,000. + To the descendants of each of his two sisters (Mary + Barrett and Emily Jewett), $30,000. In all 300,000 + + To Maria Goodwin, $7000; her mother and two sisters, + $1000 each 10,000 + + To Rev. Ephraim Peabody, $5000; and to the servants + in the family, $5000 10,000 + + To public uses 200,000 + + +All the residue to the said descendants of his brothers and sisters, +in sums corresponding to their respective specific bequests. The +residuary legatees will be therefore entitled to claim in the +following proportions, viz.:-- + + ISAAC APPPLETON'S DESCENDANTS, $60,000 out of $300,000, or 1/5; + viz.:-- + + 1. Mrs. Sarah Todd, wife of James B. Todd, of Byron, + N.Y., a legatee of $3000, has 1/100 + + 2. Isaac A. Todd, of Byron, N.Y. 1/100 + + 3. Mrs. Rachel D. Moore, wife of Tom Moore, of Medina, + Michigan 1/100 + + 4. Mrs. Emily A. Hall, wife of Alfred D. Hall, of + Sheridan, Calhoun County, Michigan 1/100 + + 5. Dr. Daniel Todd, of Canandaigua, Lenawee County, + Michigan 1/100 + + 6. Samuel A. Todd, a minor, of Byron, N.Y. 1/100 + + 7. Francis James Todd, a minor, of Byron, N.Y. 1/100 + + 8. Mrs. Mary Davis, now wife of Asa Holt, of Ashby, + Mass. 1/100 + + 9. Her son, Cyrus A. Davis, of Palestine Grove, Lee + County, Illinois 1/100 + + 10. Mrs. Harriet G. Kendall, wife of Rev. Henry A. + Kendall, of Concord, N.H. 1/100 + + 11. Her husband, as heir of a deceased daughter 1/100 + + 12. Their minor son, Henry Kendall 1/100 + + 13. Their minor son, Samuel Kendall 1/100 + + 14. David Appleton, of Dublin, N.H. 1/100 + + 15. Joseph B. Appleton, of Palestine Grove, Lee County, + Illinois 1/100 + + 16. Eugene F. Appleton, fifteen years old, of New + Ipswich, N.H. 1/100 + + 17. Mrs. Celestia Bagley, wife of Gilman Bagley, of + Sharon, N.H. 1/100 + + 18. Mrs. Mary Preston, wife of Edward F. Preston, of + New Ipswich, N.H. 1/100 + + 19. Mrs. Sarah Davis, wife of John U. Davis, of New + Ipswich, N.H. 1/100 + + 20. Mrs. Mary Jane Marr, wife of Dennis W. Marr, of + Portland, Maine 1/100 + + +MOSES APPLETON'S CHILDREN, $60,000 out of $300,000, or 1/5; viz.:-- + + 21. Samuel Appleton, of Waterville, Maine, a legatee of + $15,000, has 1/20 + + 22. Moses L. Appleton, of Bangor, Maine 1/20 + + 23. Mrs. Ann Louisa Wells, wife of Hon. Samuel Wells, + of Portland, Maine 1/20 + + 24. Mrs. Mary Jane Plaisted, wife of Dr. Samuel + Plaisted, of Waterville, Maine 1/20 + + +EBEN APPLETON'S CHILDREN, $60,000 out of $300,000, or 1/5; viz.:-- + + 25. Samuel A. Appleton, of Boston, being a legatee of + $25,000, has 1/12 + + 26. William S. Appleton, of Baltimore, M.D. 1/12 + + 27. Mrs. Caroline F. Blatchford, wife of Samuel + Blatchford, of Auburn, N.Y., a legatee of $10,000 1/30 + +NATHAN APPLETON'S CHILDREN, $60,000 out of $300,000, or 1/5; viz.:-- + + 28. Mrs. Mary Mackintosh, wife of His Excellency Robert + James Mackintosh, Governor of the Island of Antigua, + &c. a legatee of $10,000, has 1/30 + + 29. Mrs. Fanny E. Longfellow, wife of Prof. Henry W. + Longfellow, of Cambridge, Mass. 1/30 + + 30. Thomas G. Appleton, of Boston 1/30 + + 31. Harriot Appleton, of Boston, a minor 1/30 + + 32. William S. Appleton, of Boston, a minor 1/30 + + 33. Nathan Appleton, of Boston, a minor 1/30 + + +MRS. BARRETT'S and MRS. JEWETT'S CHILDREN, $60,000 out of $300,000, +or 1/5; viz.:-- + + 34. Mrs. Mary Narcissa Bent, wife of Samuel W. Bent, + of Middlebury, Vt., a legatee of $15,000, has 1/20 + + 35. Mrs. Dora E. Spalding, wife of Dr. Edward Spalding, + of Nashua, N.H. 1/20 + + 36. Isaac Appleton Jewett's half-sister and heir-at-law, + Mrs. Harriet E. Ide, wife of Dr. William E. Ide, + of Columbus, Ohio, a legatee of $30,000 1/10 + + * * * * * + + + + + + +End of the Project Gutenberg EBook of The Will of Samuel Appleton, by +Samuel Appleton and Nathaniel Ingersoll Bowditch + +*** END OF THIS PROJECT GUTENBERG EBOOK THE WILL OF SAMUEL APPLETON *** + +***** This file should be named 33362-8.txt or 33362-8.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/3/3/6/33362/ + +Produced by Jeannie Howse and Friend, and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by The Internet Archive/American Libraries.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/33362-8.zip b/33362-8.zip Binary files differnew file mode 100644 index 0000000..80199cc --- /dev/null +++ b/33362-8.zip diff --git a/33362-h.zip b/33362-h.zip Binary files differnew file mode 100644 index 0000000..64e9635 --- /dev/null +++ b/33362-h.zip diff --git a/33362-h/33362-h.htm b/33362-h/33362-h.htm new file mode 100644 index 0000000..45387fc --- /dev/null +++ b/33362-h/33362-h.htm @@ -0,0 +1,1466 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> +<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> + <head> + <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" /> + <title> + The Project Gutenberg eBook of The will of Samuel Appleton; with remarks by one of the Executors. + </title> + <style type="text/css"> + p { margin-top: .5em; + text-align: justify; + margin-bottom: .5em; + text-indent: 1em; + } + h1 { + text-align: center; font-family: garamond, serif; /* all headings centered */ + } + h5,h6 { + text-align: center; font-family: garamond, serif; /* all headings centered */ + } + h2 { + text-align: center; font-family: garamond, serif; /* all headings centered */ + } + h3 { + text-align: center; font-family: garamond, serif; /* all headings centered */ + } + h4 { + text-align: center; font-family: garamond, serif; /* all headings centered */ + } + hr { width: 33%; + margin-top: 1em; + margin-bottom: 1em; + } + body{margin-left: 10%; + margin-right: 10%; + } + a {text-decoration: none} /* no lines under links */ + div.centered {text-align: center;} /* work around for IE centering with CSS problem part 1 */ + div.centered table {margin-left: auto; margin-right: auto; text-align: left;} /* work around for IE centering with CSS problem part 2 */ + + .cen {text-align: center; text-indent: 0em;} /* centering paragraphs */ + .sc {font-variant: small-caps;} /* small caps */ + .fakesc {font-size: 80%;} /* fake small caps, small font size */ + .noin {text-indent: 0em;} /* no indenting */ + .hang {text-indent: -2em;} /* hanging indents */ + .block {margin-left: 5%; margin-right: 5%;} /* block indent */ + .block2 {margin-left: 5%; margin-right: 45%;} /* block indent */ + .right {text-align: right; padding-right: 2em;} /* right aligning paragraphs */ + .sidenote {width: 15%; margin-bottom: 1em; margin-top: 1em; padding-left: 1em; font-size: smaller; float: right; clear: right;} + .tdr {text-align: right; vertical-align: bottom;} /* right align cell */ + .tdc {text-align: center;} /* center align cell */ + .tdl {text-align: left;} /* left align cell */ + .tr {margin-left: 15%; margin-right: 15%; margin-top: 5%; margin-bottom: 5%; padding: 1em; background-color: #f6f2f2; color: black; border: dotted black 1px;} /* transcriber's notes */ + + + .pagenum { /* uncomment the next line for invisible page numbers */ + /* visibility: hidden; */ + position: absolute; right: 2%; + font-size: 75%; + color: gray; + background-color: inherit; + text-align: right; + text-indent: 0em; + font-style: normal; + font-weight: normal; + font-variant: normal;} /* page numbers */ + + .footnotes {border: dashed 1px;} + .footnote {margin-left: 10%; margin-right: 10%; font-size: 90%;} + .footnote .label {position: absolute; right: 84%; text-align: right; font-size: 90%;} + .fnanchor {vertical-align: text-top; font-size: .8em; text-decoration: none;} + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of The Will of Samuel Appleton, by +Samuel Appleton and Nathaniel Ingersoll Bowditch + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Will of Samuel Appleton + with remarks by one of the executors + +Author: Samuel Appleton + Nathaniel Ingersoll Bowditch + +Release Date: August 6, 2010 [EBook #33362] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE WILL OF SAMUEL APPLETON *** + + + + +Produced by Jeannie Howse and Friend, and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by The Internet Archive/American Libraries.) + + + + + + +</pre> + + +<br /> +<hr /> +<br /> +<br /> + + +<h4>THE</h4> + +<h1>WILL</h1> + +<h5>OF</h5> + +<h1>SAMUEL APPLETON;</h1> + +<h5>WITH</h5> + +<h3>REMARKS</h3> + +<h5>BY</h5> + +<h4>ONE OF THE EXECUTORS.</h4> + +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> + +<h5>BOSTON:<br /> +PRINTED BY JOHN WILSON & SON,<br /> +22, <span class="sc">School Street</span>.<br /> +1853.</h5> + +<br /> +<br /> +<span class='pagenum'><a name="Page_3" id="Page_3">[3]</a></span><hr /> +<br /> +<br /> +<br /> +<br /> + +<h3>REMARKS.</h3> +<br /> + +<p>Samuel Appleton was born at New Ipswich, N.H., June 22, 1766, and +died, without issue, at his residence in Boston, on Tuesday, July 12, +1853; having just entered on the eighty-eighth year of his age.</p> + +<p>In November, 1819, he married Mrs. Mary Gore, who was much younger +than himself. This union has been marked, on his side, by the most +unvarying confidence and sincere affection. He has ever found his own +delight in gratifying each wish of his wife with an almost boundless +indulgence. And she—the brilliant and happy mistress of his +hospitable mansion—has been alike admirable, when presiding over its +social circle, or its more public gayeties; and when, in its private +recesses, she has devoted herself to what she has ever felt to be her +highest duty and her chief privilege,—that of guarding the declining +years of her husband with the most kind and thoughtful care; cheering<span class='pagenum'><a name="Page_4" id="Page_4">[4]</a></span> +his pathway to the tomb by those considerate attentions, which, both +in life and in death, he so gratefully appreciated and acknowledged.</p> + +<p>On the last morning of his life, he enjoyed his usual health. During +the day, however, he suffered pain and uneasiness, apparently the +result of indigestion. Mrs. Appleton, therefore, remained constantly +with him, but without feeling any serious apprehensions. He at length +seemed to be entirely relieved by the means used, and said, "I will +now try to go to sleep." In a few moments, Mrs. Appleton was alarmed +by hearing him breathe once or twice much more loudly than usual. She +ran to his bedside, and his favorite female attendant was immediately +summoned. He was still lying in the same attitude of repose. The sleep +that had fallen upon him so gently was the sleep of death!</p> + +<p>This event at once called forth a universal and spontaneous expression +of regard for the deceased from the community in which he had so long +lived. It was unrestrained by any differences of political opinion or +of religious sentiment. Thus, in the "Boston Post," the organ of the +Democratic party of Boston, there appeared the following +communication:—</p> + +<div class="block"><p>"<span class="sc">Samuel Appleton</span> is dead! Never has there been<span class='pagenum'><a name="Page_5" id="Page_5">[5]</a></span> +summoned from among us a purer man or a more public-spirited +citizen. Possessing strong natural sense and the most plain and +unaffected manners, he was truly simple-hearted and +noble-minded. There was nothing about him of ostentation or +pretence. All his <i>acts</i>, during a long life, praise him. +Beginning with humble prospects, by industry and intelligence +he became one of our wealthiest merchants. As a country +schoolmaster, during the winter months, he was once, when a +young man, '<i>put up at auction</i>, to be boarded out in the +family that would consent to take him at the lowest rate.'<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a> +Latterly, for many years, probably not a day has passed without +the performance of some deed of kindness great or small,—some +act of public or private munificence; and each evening saw him +sink to rest, happy in the consciousness that he had made +others happy. In a notice of him, as a benefactor of one of our +chief charitable institutions, published not long since, it is +said: 'In advanced age, and unable to walk from his house, he +continues in the highest and best sense to enjoy life. He has, +indeed, no children; but a numerous band of nephews and nieces +look up to him with truly filial regard. Indeed, the community +itself ventures to apply to him <i>their</i> familiar and +affectionate appellation of "Uncle Sam." This name, in the +abstract so dear to every patriot, could not be more worthily +bestowed.'<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a> That life, so honorable and so useful, rendered +sweet by the daily blessings of those whose necessities or +sufferings have been relieved by his bounty, has been fitly +closed by a calm and peaceful death."</p></div> + +<p>Obituary notices of a like favorable character, and characteristic +anecdotes, &c., were inserted in the <span class='pagenum'><a name="Page_6" id="Page_6">[6]</a></span>"Daily Evening Transcript," the +"Boston Courier," and the "Christian Register," and also in various +other journals.</p> + +<p>Public funeral services were held at the Stone Chapel, on Friday +afternoon, at four o'clock. The Hon. Thomas H. Perkins, and a few +other surviving contemporaries of the deceased, were present among the +assemblage of relatives and friends by which the church was filled.</p> + +<p>He was buried at Mount Auburn, in a lot which he had purchased many +years ago, and on which he had erected a costly monument. Designing to +embellish that field of the dead, he had authorized an artist in a +foreign country to execute this work without regard to expense. When +completed, it was not in accordance with the simple tastes of Mr. +Appleton. He even desired that he might be buried in his tomb, under a +church in Boston, rather than in the beautiful spot which he had thus +selected and adorned. The existing ordinance of the city rendered it +impossible to comply with this suggestion; and indeed it seemed to be, +on other grounds, inexpedient.</p> + +<p>At a stated quarterly meeting of the Trustees of the Massachusetts +General Hospital, held on the same day, the following preamble and +votes, as proposed by the Chairman, were unanimously adopted, viz.:—</p> + +<div class="block"><p>"The funeral of the late Hon. Samuel Appleton takes place this<span class='pagenum'><a name="Page_7" id="Page_7">[7]</a></span> +afternoon; and the bells of the city are now tolling as a +public expression of respect for one of its worthiest sons and +its noblest benefactors, who, at the advanced age of +eighty-seven years, has died universally beloved and regretted.</p> + +<p>"Formerly a Trustee of this Institution, and ever cherishing a +lively interest in its welfare, we are happy to acknowledge our +indebtedness to him, alike for his valuable personal services, +and for a large share of that bounty which he has always so +wisely and so liberally bestowed.</p> + +<p>"This Board would present to the widow of the deceased, by whose +affectionate attentions and devoted care his life has been for +so many years prolonged and rendered happy, the assurances of +their profound sympathy, now that she has lost a companion and +friend by whom she was most tenderly beloved.</p> + +<p>"<i>Voted</i>, That this Board do now adjourn to attend the funeral +of the deceased."</p></div> + +<p>Mr. Appleton left a Will and Codicil, of which a few copies are +printed for the use of his executors and legatees.</p> + +<p>These documents were opened and read in the presence of the widow and +some of the relatives, on Saturday, July 16; and the following +anecdote was then related by one of the Executors:—</p> + +<p>The late Isaac Appleton Jewett was a favorite nephew of the deceased, +and, as such, had a bequest of $30,000, and was eventually to receive +besides one-tenth part of the residuary property. He died <span class='pagenum'><a name="Page_8" id="Page_8">[8]</a></span>in January +last, leaving as his heir-at-law a half-sister, who, by the terms of +the will, became entitled to these bequests. There was no +blood-relationship between her and the Testator. <i>A comparative +stranger would thus be a larger legatee than any one of his own +kindred.</i> The Executor called Mr. Appleton's attention to this fact. +His reply was: "I am much obliged for the suggestion: it was a proper +one for you to make. I will consider, and let you know my decision +to-morrow." The next day he said: "I have been thinking of what you +mentioned to me; and if, in the other world, there is any knowledge of +what is done in this, I should not like to have my nephew, whom I so +loved and trusted, find that my first act, on learning his death, is +the revocation or curtailment of a bequest made in his favor, and +which, if he had survived me, would have eventually benefited her who +was nearest and dearest to him. <i>The will must stand as it is.</i>" This +confirmation of a private bequest is no less honorable to the memory +of Mr. Appleton, than are those other two provisions of his will by +which he so bountifully remembers the servants of his household, and +appropriates to public uses so large a part of his princely fortune.</p> + +<p class="right">N.I.B.</p> + +<br /> +<hr style='width: 15%;' /> +<br /> + +<h4>FOOTNOTES:</h4> + +<div class="footnote"><p class="noin"><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> "History of the Massachusetts Hospital," 1851.</p></div> + +<div class="footnote"><p class="noin"><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> "History of the Massachusetts Hospital," 1851.</p></div> + +<br /> +<br /> +<br /> +<br /> +<hr /> +<span class='pagenum'><a name="Page_9" id="Page_9">[9]</a></span><br /> +<br /> +<br /> +<br /> + +<h2>WILL OF SAMUEL APPLETON.</h2> + +<br /> +<br /> +<br /> +<span class='pagenum'><a name="Page_10" id="Page_10">[10]</a></span><br /> +<hr /> +<span class='pagenum'><a name="Page_11" id="Page_11">[11]</a></span><br /> + +<h4>THE</h4> + +<h2>LAST WILL AND TESTAMENT</h2> + +<h4>OF</h4> + +<h2>SAMUEL APPLETON.</h2> +<br /> + +<p>Be it remembered, That I, <span class="sc">Samuel Appleton</span>, of Boston, in the +County of Suffolk and State of Massachusetts, merchant, being of sound +disposing mind and memory, and in good health, but aware of the +uncertainty of life, and desirous of making a disposition of such +property as I may leave at the time of my decease, do make, publish, +and declare this my last Will and Testament, in manner and form +following, to wit:—</p> + +<div class="sidenote">To his wife, $122,000.</div><br /> + +<p>I give and bequeath to my beloved wife, Mary Appleton, one hundred and +thirty thousand dollars, in the manner following, to wit:—</p> + +<div class="sidenote">Viz. $100,000.</div><span class='pagenum'><a name="Page_12" id="Page_12">[12]</a></span><br /> + +<p>1st. The sum of one hundred thousand dollars in cash, to be paid to +her by my executors.</p> + +<div class="sidenote">House, 53, Beacon-street, at $14,000;</div><br /> + +<p>2d. My land and house in Beacon-street, Boston, numbered fifty-three, +now occupied by Mrs. Goodwin, and valued by me at fourteen thousand +dollars, to hold to her and her heirs.</p> + +<div class="sidenote">And $6000 to put said House in order.</div><br /> + +<p>3d. The sum of six thousand dollars in cash to be paid to her by my +executors for the purpose of putting said house in good order and +condition.</p> + +<div class="sidenote">Or the $20,000 in cash, if she prefers.</div><br /> + +<p>If, however, my wife do elect to accept the sum of twenty thousand +dollars in cash, instead of said land and house in Beacon-street, and +said six thousand dollars, then and in that case it is my will that +the sum of twenty thousand dollars in cash be paid to her by my +executors.</p> + +<div class="sidenote">A clause revoked by the Codicil.</div><br /> + +<p>[4th. Any of the plate and furniture belonging to me at the time of my +decease, at the appraised value thereof, to the amount of eight +thousand dollars.]</p> + +<div class="sidenote">Pew, horses, &c., shares in Athenæum, $2000.</div><br /> + +<p>5th. My pew in King's Chapel in Boston, numbered two; also two shares +in the Boston Athenæum; also the horses and carriages belonging to me +at the time of my decease,—all valued by me at two thousand dollars.</p> + +<div class="sidenote">All in lieu of dower.</div><span class='pagenum'><a name="Page_13" id="Page_13">[13]</a></span><br /> + +<p>The provision thus made for my beloved wife is designed to be in full +satisfaction of her right of dower, or thirds, in my estate.</p> + +<div class="sidenote">To the children of Isaac Appleton, $60,000; viz.:—</div><br /> + +<p>I give and bequeath to the heirs of my brother Isaac Appleton, of +Dublin, State of New Hampshire, the sum of sixty thousand dollars, to +be distributed among them in the manner following, to wit:—</p> + +<div class="sidenote">To Mrs. Todd, $3000;</div><br /> + +<p>1st. To Mrs. Sarah Todd, of Byron, State of New York, daughter of my +brother Isaac Appleton, the sum of three thousand dollars.</p> + +<div class="sidenote">And to each of her six children, $3000.</div><br /> + +<p>To the six children of the said Sarah Todd, grandchildren of my +brother Isaac Appleton, the sum of three thousand dollars to each and +every one of them.</p> + +<div class="sidenote">To Mrs. Mary Davis, $3000;</div><br /> + +<p>2d. To Mrs. Mary Davis, of Lee County, State of Illinois, daughter of +my brother Isaac Appleton, the sum of three thousand dollars.</p> + +<div class="sidenote">And her son, $3000.</div><br /> + +<p>To Cyrus A. Davis, son of the said Mary Davis, grandson of my brother +Isaac Appleton, the sum of three thousand dollars.</p> + +<div class="sidenote">To Mrs. Kendall, $3000.</div><br /> + +<p>3d. To Mrs. Harriet G. Kendall, of Dublin, State of New Hampshire, +daughter of my brother Isaac Appleton, the sum of three thousand +dollars.</p> + +<div class="sidenote">To her three children, each $3000.</div><span class='pagenum'><a name="Page_14" id="Page_14">[14]</a></span><br /> + +<p>To the three children<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">[3]</a> of the said Harriet G. Kendall, grandchildren +of my brother Isaac Appleton, the sum of three thousand dollars to +each and every one of them.</p> + +<div class="sidenote">To David Appleton, $3000.</div><br /> + +<p>4th. To David Appleton, of Dublin, State of New Hampshire, son of my +brother Isaac Appleton, the sum of three thousand dollars.</p> + +<div class="sidenote">To Joseph's four children, each $3000; viz. +Joseph B., Eugene, Mrs. Bagley, Mrs. Preston.</div><br /> + +<p>5th. To Joseph B. Appleton, of Lee County, State of Illinois; to +Eugene Appleton; to Mrs. Celestia Bagley; to Mrs. Mary Preston; being +the four children of Joseph Appleton deceased, and grandchildren of my +brother Isaac Appleton,—the sum of three thousand dollars to each and +every one of them.</p> + +<div class="sidenote">To Mrs. Sarah Davis, $3000.</div><br /> + +<p>6th. To Mrs. Sarah Davis, of Ashby, State of Massachusetts, daughter +of Mrs. Emily Eastabrooks deceased, and granddaughter of my brother +Isaac Appleton, the sum of three thousand dollars.</p> + +<div class="sidenote">To Mrs. Marr, $3000.</div><br /> + +<p>7th. To Mrs. Mary Jane Marr, of Scarboro', State of Maine, daughter of +Samuel Appleton deceased, and granddaughter of my brother Isaac +Appleton, the sum of three thousand dollars.</p> + +<div class="sidenote">To the children of Dr. Moses Appleton, $60,000; viz.:</div><span class='pagenum'><a name="Page_15" id="Page_15">[15]</a></span><br /> + +<p>I give and bequeath to the four children of my late brother, Doctor +Moses Appleton, of Waterville, State of Maine, the sum of sixty +thousand dollars, to be distributed among them in the manner +following, to wit:—</p> + +<div class="sidenote">Samuel, $15,000.</div><br /> + +<p>1st. To Samuel Appleton, of Waterville, State of Maine, son of my late +brother, Doctor Moses Appleton, the sum of fifteen thousand dollars.</p> + +<div class="sidenote">Moses L., $15,000.</div><br /> + +<p>2d. To Moses L. Appleton, of Bangor, State of Maine, son of my late +brother, Doctor Moses Appleton, the sum of fifteen thousand dollars.</p> + +<div class="sidenote">Mrs. Wells, $15,000.</div><br /> + +<p>3d. To Mrs. Ann Louisa Wells, of Portland, State of Maine, daughter of +my late brother, Dr. Moses Appleton, the sum of fifteen thousand +dollars.</p> + +<div class="sidenote">Mrs. Plaisted, $15,000.</div><br /> + +<p>4th. To Mrs. Mary Jane Plaisted, of Waterville, State of Maine, +daughter of my late brother, Doctor Moses Appleton, the sum of fifteen +thousand dollars.</p> + +<div class="sidenote">To Eben Appleton's children, $60,000; viz.:—</div><br /> + +<p>I give and bequeath to the three children of my deceased brother Eben +Appleton, the sum of sixty thousand dollars, to be distributed among +them in the manner following, to wit:</p> + +<div class="sidenote">S.A. Appleton, $25,000.</div><span class='pagenum'><a name="Page_16" id="Page_16">[16]</a></span><br /> + +<p>1st. To Samuel A. Appleton, of Boston, son of my deceased brother Eben +Appleton, the sum of twenty-five thousand dollars.</p> + +<div class="sidenote">Wm. S. Appleton, $25,000.</div><br /> + +<p>2d. To William S. Appleton, of Baltimore, State of Maryland, son of my +deceased brother Eben Appleton, the sum of twenty-five thousand +dollars.</p> + +<div class="sidenote">Mrs. Blatchford, $10,000.</div><br /> + +<p>3d. To Mrs. Caroline F. Blatchford, of Auburn, State of New York, +daughter of my deceased brother Eben Appleton, the sum of ten thousand +dollars.</p> + +<div class="sidenote">To the children of Nathan Appleton, $60,000; viz.:</div><br /> + +<p>I give and bequeath to the six children of my brother Nathan Appleton, +of Boston, the sum of sixty thousand dollars, to be distributed among +them in the manner following, to wit:—</p> + +<div class="sidenote">Mrs. Mackintosh, $10,000.</div><br /> + +<p>1st. To Mrs. Mary Mackintosh, daughter of my brother Nathan Appleton, +the sum of ten thousand dollars.</p> + +<div class="sidenote">Mrs. Longfellow, $10,000.</div><br /> + +<p>2d. To Mrs. Fanny E. Longfellow, daughter of my brother Nathan +Appleton, the sum of ten thousand dollars.</p> + +<div class="sidenote">Thomas G., $10,000.</div><br /> + +<p>3d. To Thomas G. Appleton, son of my brother Nathan Appleton, the sum +of ten thousand dollars.</p> + +<div class="sidenote">Harriot, $10,000.</div><span class='pagenum'><a name="Page_17" id="Page_17">[17]</a></span><br /> + +<p>4th. To Harriot Appleton, daughter of my brother Nathan Appleton, the +sum of ten thousand dollars.</p> + +<div class="sidenote">William S., $10,000.</div><br /> + +<p>5th. To William S. Appleton, son of my brother Nathan Appleton, the +sum of ten thousand dollars.</p> + +<div class="sidenote">Nathan, $10,000.</div><br /> + +<p>6th. To Nathan Appleton, son of my brother Nathan Appleton, the sum of +ten thousand dollars.</p> + +<div class="sidenote">To Mrs. Barrett's children, $30,000, viz.:</div><br /> + +<p>I give and bequeath to the two children of my sister, Mary Barrett, of +New Ipswich, State of New Hampshire, the sum of thirty thousand +dollars, to be distributed between them in the manner following, to +wit:—</p> + +<div class="sidenote">Mrs. Bent, $15,000.</div><br /> + +<p>1st. To Mrs. Mary Narcissa Bent, daughter of my sister Mary Barrett, +the sum of fifteen thousand dollars.</p> + +<div class="sidenote">Mrs. Spalding, $15,000.</div><br /> + +<p>2d. To Mrs. Dora E. Spalding, daughter of my sister Mary Barrett, the +sum of fifteen thousand dollars.</p> + +<div class="sidenote">To Mrs. Jewett's son, Isaac A. Jewett, $30,000.</div><br /> + +<p>I give and bequeath to Isaac Appleton Jewett, son of my deceased +sister Emily Jewett, the sum of thirty thousand dollars.</p> + +<div class="sidenote">To Maria Goodwin, $7000.</div><span class='pagenum'><a name="Page_18" id="Page_18">[18]</a></span><br /> + +<p>I give and bequeath to Miss Maria Goodwin, niece of my beloved wife, +who has for many years resided in my house as one of my family, the +sum of seven thousand dollars.</p> + +<div class="sidenote">Mrs. Goodwin, $1000.</div><br /> + +<p>I give and bequeath to Mrs. Maria Goodwin, sister of my beloved wife, +the sum of one thousand dollars.</p> + +<div class="sidenote">Mary Goodwin, $1000.</div><br /> + +<p>I give and bequeath to Miss Mary Goodwin, daughter of the said Mrs. +Maria Goodwin, the sum of one thousand dollars.</p> + +<div class="sidenote">Delia Goodwin, $1000.</div><br /> + +<p>I give and bequeath to Miss Delia Goodwin, daughter of the said Mrs. +Maria Goodwin, the sum of one thousand dollars.</p> + +<div class="sidenote">Rev. E. Peabody, $5000.</div><br /> + +<p>I give and bequeath to my friend and pastor, the Rev. Ephraim Peabody, +of Boston, the sum of five thousand dollars.</p> + +<div class="sidenote">The servants, $5000.</div><br /> + +<p>I give and bequeath to the servants who may be living with me at the +time of my decease the sum of five thousand dollars, to be distributed +among them in the manner and <span class='pagenum'><a name="Page_19" id="Page_19">[19]</a></span>according to proportions fixed upon by +my beloved wife.</p> + +<div class="sidenote">To his Executors, $200,000 for public uses.</div><br /> + +<p>And I do also hereby give and bequeath to my executors hereinafter +named—or such of them as shall accept the trust, the survivors or +survivor of them, to be by them applied, disposed of, and distributed, +for scientific, literary, religious, or charitable purposes—the +following manufacturing stocks at their par value, estimated at two +hundred thousand dollars, and situated as follows, to wit:—</p> + +<p>1st. <i>At Manchester, State of New Hampshire.</i></p> + +<p class="noin" style="margin-left: 3%;">Fifty shares in the Amoskeag Manufacturing Company.<br /> +Forty shares in the Stark Mills.<br /> +Ten shares in the Manchester Print Works.</p> + +<p>2d. <i>At Lowell, State of Massachusetts.</i></p> + +<p class="noin" style="margin-left: 3%;">Twenty shares in the Merrimac Manufacturing Company.<br /> +Twenty shares in the Appleton Manufacturing Company.<br /> +Twenty shares in the Hamilton Manufacturing Company.<br /> +Twenty shares in the Suffolk Manufacturing Company.<br /> +Twenty shares in the Massachusetts Cotton Mills.</p> + +<p>My wishes in regard to the particular institutions or objects to which +the aforesaid manufacturing stocks are to be applied, and also the +time and mode of the application thereof, I <span class='pagenum'><a name="Page_20" id="Page_20">[20]</a></span>intend to make known to +my executors; and I feel sure that they will strictly comply with the +same; and, in default of any such directions from me, I have +confidence in their making such a disposition and distribution of said +property as they will think would be most likely to meet my +approbation.</p> + + +<div class="sidenote">Powers of sale, &c.</div><br /> + +<div class="sidenote">Estate to be settled in 2 years.</div><br /> + +<p>I hereby fully authorize and empower and direct my executors +hereinafter named, or such of them as shall accept the trust, the +survivors or survivor of them, or any administrator on my estate, to +sell and convey at public auction, or by private sale, at such times +and on such conditions as they shall judge best, any and all estate +and property, real, personal, and mixed, of which I may die seized or +possessed, saving and excepting only such as herein is specifically +given to my beloved wife; and likewise the said land and house devised +to my beloved wife, in case she shall elect not to take the same; and +to make and deliver good and sufficient conveyances and transfers +thereof; the purchasers to be in nowise bound to see to the +appropriation of the purchase-money: it being my wish that my estate +should be settled as <span class='pagenum'><a name="Page_21" id="Page_21">[21]</a></span>soon as convenient after my decease, and, if +practicable, within two years thereafter.</p> + +<div class="sidenote">Residue to his nephews, nieces, &c. in sums +corresponding to their specific bequests respectively.</div><br /> + +<p>If, after the conversion of the residue of my estate into money, and +the payment of all my debts, and the distribution and payment of all +the bequests in this my Will, contained in accordance with the +foregoing dispositions, any residue should remain, it is my will that +the amount of said residue be distributed among the children and +grandchildren of my brother Isaac Appleton, and among the children of +my late brother Doctor Moses Appleton, and among the children of my +deceased brother Eben Appleton, and among the children of my brother +Nathan Appleton, and among the children of my sister Mary Barrett, and +of my deceased sister Emily Jewett, hereinbefore named, in proportions +corresponding to the amounts or sums which said heirs are respectively +entitled to receive by virtue of the original dispositions in this my +Will.</p> + +<div class="sidenote">No legacy to lapse by death of legatee.</div><br /> + +<p>If any of the legatees named in this Will should die in my lifetime, +then and in that case, whatever is herein given to such legatee I give +to and among those who at my decease may be heirs-at-law of such +legatee by the <span class='pagenum'><a name="Page_22" id="Page_22">[22]</a></span>Statute of Distributions of this Commonwealth, as to +any real estate of which said legatee should then have died seized.</p> + +<div class="sidenote">Liability of Executors.</div><br /> + +<p>I direct that my executors shall each be liable only for his own +actual receipts and his own wilful defaults, and not the one for the +other or others.</p> + +<div class="sidenote">Executors named.</div><br /> + +<p>I appoint Nathan Appleton, William Appleton, Nathaniel Ingersoll +Bowditch, and Isaac Appleton Jewett, to be the executors of this my +last Will and Testament, hereby revoking all Wills by me heretofore +made.</p> + +<p>In witness whereof, I have hereunto set my hand and seal on this +twenty-eighth day of February, in the year of our Lord one thousand +eight hundred and fifty-one.</p> + +<p class="right" style="padding-right: 25%;">(Signed)</p> + +<p class="right" style="padding-right: 5%;">SAML. APPLETON [<span class="fakesc">AND A SEAL</span>].</p> + +<div class="block2"><p class="hang">Signed, sealed, published, and declared by +said Testator to be his last Will and +Testament, in presence of us, who, at +his request, and in his presence, and in +presence of each other, have hereunto +set our names as witnesses.</p> + +<p class="right">JOSEPH TILDEN.<br /> +MOSES L. HALE.<br /> +FRANKLIN H. STORY.</p></div> + +<br /> +<hr style='width: 15%;' /> +<br /> + +<h4>FOOTNOTES:</h4> + +<div class="footnote"><p class="noin"><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> One of these children died before the Testator. The +father, as his heir, is entitled to his share, by a subsequent +provision of the Will.</p></div> + +<br /> +<br /> +<br /> +<br /> +<hr /> +<span class='pagenum'><a name="Page_23" id="Page_23">[23]</a></span><br /> + +<h2>CODICIL.</h2> +<br /> + +<p>I, SAMUEL APPLETON, of Boston, in the County of Suffolk, and State of +Massachusetts, merchant, having further considered my last Will and +Testament, bearing date the twenty-eighth day of February, in the year +of our Lord one thousand eight hundred and fifty-one, do think proper +to make and publish the following as a Codicil thereunto.</p> + + +<div class="sidenote">Revokes a clause of the Will;</div><br /> + +<p>I do hereby revoke and cancel that clause in said last Will and +Testament, giving unto my beloved wife "any of the plate and furniture +belonging to me at the time of my decease, at the appraised value +thereof, to the amount of eight thousand dollars;" and in lieu thereof +I do make the following dispositions:—</p> + +<div class="sidenote">And gives to widow his mansion-house, 37, +Beacon-street,</div><br /><span class='pagenum'><a name="Page_24" id="Page_24">[24]</a></span> + +<p>I give and devise unto my beloved wife the dwelling-house, with the +stables, lands, and appurtenances thereunto belonging, now occupied by +me, being the dwelling-house numbered thirty-seven in Beacon-street, +Boston, to have and to hold the same to her, her heirs and assigns for +ever.</p> + +<div class="sidenote">And all the plate, &c. therein.</div><br /> + +<p>And I do also give and bequeath unto my beloved wife all the plate, +furniture, pictures, statuary, books, stores, and other household +articles, belonging to me at the time of my decease; and it is my wish +that no inventory be taken of the same.</p> + +<div class="sidenote">Legatees may take property at appraisement, &c.</div><br /> + +<p>And it is also my wish that each and every of the legatees, in said +last Will and Testament named, may, with the advice and consent of my +executors, take, in lieu of the money to which they are entitled by +said last Will and Testament, any of the property, left by me at the +time of my decease, at the appraised value thereof.</p> + +<div class="sidenote">Bonds of Executors to be only in a penalty +adequate to protect creditors.</div><br /> + +<p>And I do also direct that the executors of my said last Will and +Testament shall give bonds in such sum only as the Judge of Probate +may consider sufficient for the payment of the amount of my debts.</p> + +<p><span class='pagenum'><a name="Page_25" id="Page_25">[25]</a></span>In witness whereof, I have hereto set my hand and seal, this eighth +day of October, in the year of our Lord one thousand eight hundred and +fifty-two.</p> + +<p class="right" style="padding-right: 25%;">(Signed)</p> + +<p class="right" style="padding-right: 5%;"> +SAML. APPLETON [<span class="fakesc">AND A SEAL</span>].</p> + +<div class="block2"><p class="hang">Signed, sealed, published, and declared by +said Testator to be a Codicil to his +last Will and Testament, in presence of +us, who, at his request, and in his +presence, and in presence of each other, +hereto set our names as witnesses.</p> + +<p class="right">JOSEPH TILDEN.<br /> +FRANKLIN H. STORY.<br /> +FRANCIS C. LOWELL.</p></div> + +<br /> +<br /> +<br /> +<span class='pagenum'><a name="Page_26" id="Page_26">[26]</a></span><br /> +<hr /> +<span class='pagenum'><a name="Page_27" id="Page_27">[27]</a></span><br /> +<br /> +<br /> +<br /> + +<h2>RECAPITULATION.</h2> + +<br /> +<br /> +<br /> +<span class='pagenum'><a name="Page_28" id="Page_28">[28]</a></span><br /> +<hr /> +<span class='pagenum'><a name="Page_29" id="Page_29">[29]</a></span><br /> + +<h2>RECAPITULATION.</h2> +<br /> + +<div class="centered"> +<table border="0" cellpadding="0" cellspacing="0" width="60%" summary="RECAPITULATION 1"> + <tr> + <td class="tdl" width="80%"><p class="hang">To the widow (by the Will), $108,000 in personal + property, and $14,000 in real estate; or all in + personal property, at her option; and (by the + Codicil), his mansion-house, and all in it; of + the value of</p></td> + <td class="tdr" width="20%">$200,000</td> + </tr> + <tr> + <td class="tdl"><p class="hang">To the descendants of each of his four brothers + (Isaac, Moses, Eben, and Nathan Appleton), $60,000. + To the descendants of each of his two sisters (Mary + Barrett and Emily Jewett), $30,000. In all</p></td> + <td class="tdr">300,000</td> + </tr> + <tr> + <td class="tdl"><p class="hang">To Maria Goodwin, $7000; her mother and two sisters, + $1000 each</p></td> + <td class="tdr">10,000</td> + </tr> + <tr> + <td class="tdl"><p class="hang">To Rev. Ephraim Peabody, $5000; and to the servants + in the family, $5000</p></td> + <td class="tdr">10,000</td> + </tr> + <tr> + <td class="tdl"><p class="hang">To public uses</p></td> + <td class="tdr">200,000</td> + </tr> +</table> +</div> + +<br /> + +<p>All the residue to the said descendants of his brothers and sisters, +in sums corresponding to their respective specific bequests. The +residuary legatees will be therefore entitled to claim in the +following proportions, viz.:—</p> + +<p class="hang" style="padding-left: 2em;"><span class='pagenum'><a name="Page_30" id="Page_30">[30]</a></span> +<span class="sc">Isaac Apppleton's Descendants</span>, $60,000 out of $300,000, or + 1/5; viz.:—</p> + +<div class="centered"> +<table border="0" cellpadding="0" cellspacing="0" width="60%" summary="RECAPITULATION 1"> + <tr> + <td class="tdl" width="80%"><p class="hang">1. Mrs. Sarah Todd, wife of James B. Todd, of Byron, + N.Y., a legatee of $3000, has</p></td> + <td class="tdr" width="20%">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">2. Isaac A. Todd, of Byron, N.Y.</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">3. Mrs. Rachel D. Moore, wife of Tom Moore, of Medina, + Michigan</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">4. Mrs. Emily A. Hall, wife of Alfred D. Hall, of + Sheridan, Calhoun County, Michigan</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">5. Dr. Daniel Todd, of Canandaigua, Lenawee County, + Michigan</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">6. Samuel A. Todd, a minor, of Byron, N.Y.</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">7. Francis James Todd, a minor, of Byron, N.Y.</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">8. Mrs. Mary Davis, now wife of Asa Holt, of Ashby, + Mass.</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">9. Her son, Cyrus A. Davis, of Palestine Grove, Lee + County, Illinois</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">10. Mrs. Harriet G. Kendall, wife of Rev. Henry A. + Kendall, of Concord, N.H.</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">11. Her husband, as heir of a deceased daughter</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">12. Their minor son, Henry Kendall</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">13. Their minor son, Samuel Kendall</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">14. David Appleton, of Dublin, N.H.</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">15. Joseph B. Appleton, of Palestine Grove, Lee County, + Illinois</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">16. Eugene F. Appleton, fifteen years old, of New + Ipswich, N.H.</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">17. Mrs. Celestia Bagley, wife of Gilman Bagley, of + Sharon, N.H.</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">18. Mrs. Mary Preston, wife of Edward F. Preston, of + New Ipswich, N.H.</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><p class="hang">19. Mrs. Sarah Davis, wife of John U. Davis, of New + Ipswich, N.H.</p></td> + <td class="tdr">1/100</td> + </tr> + <tr> + <td class="tdl"><span class='pagenum'><a name="Page_31" id="Page_31">[31]</a></span><p class="hang">20. Mrs. Mary Jane Marr, wife of Dennis W. Marr, of + Portland, Maine</p></td> + <td class="tdr">1/100</td> + </tr> +</table> +</div> + + + +<p><span class="sc">Moses Appleton's Children</span>, $60,000 out of $300,000, or 1/5; +viz.:—</p> + +<div class="centered"> +<table border="0" cellpadding="0" cellspacing="0" width="60%" summary="RECAPITULATION 1"> + <tr> + <td class="tdl" width="80%"><p class="hang">21. Samuel Appleton, of Waterville, Maine, a legatee of + $15,000, has</p></td> + <td class="tdr" width="20%">1/20</td> + </tr> + <tr> + <td class="tdl"><p class="hang">22. Moses L. Appleton, of Bangor, Maine</p></td> + <td class="tdr">1/20</td> + </tr> + <tr> + <td class="tdl"><p class="hang">23. Mrs. Ann Louisa Wells, wife of Hon. Samuel Wells, + of Portland, Maine</p></td> + <td class="tdr">1/20</td> + </tr> + <tr> + <td class="tdl"><p class="hang">24. Mrs. Mary Jane Plaisted, wife of Dr. Samuel + Plaisted, of Waterville, Maine</p></td> + <td class="tdr">1/20</td> + </tr> +</table> +</div> + + +<p><span class="sc">Eben Appleton's Children</span>, $60,000 out of $300,000, or 1/5; +viz.:—</p> + +<div class="centered"> +<table border="0" cellpadding="0" cellspacing="0" width="60%" summary="RECAPITULATION 1"> + <tr> + <td class="tdl" width="80%"><p class="hang">25. Samuel A. Appleton, of Boston, being a legatee of + $25,000, has</p></td> + <td class="tdr">1/12</td> + </tr> + <tr> + <td class="tdl"><p class="hang">26. William S. Appleton, of Baltimore, M.D.</p></td> + <td class="tdr">1/12</td> + </tr> + <tr> + <td class="tdl"><p class="hang">27. Mrs. Caroline F. Blatchford, wife of Samuel + Blatchford, of Auburn, N.Y., a legatee of $10,000</p></td> + <td class="tdr">1/30</td> + </tr> +</table> +</div> + +<p><span class="sc">Nathan Appleton's Children</span>, $60,000 out of $300,000, or 1/5; +viz.:—</p> + +<div class="centered"> +<table border="0" cellpadding="0" cellspacing="0" width="60%" summary="RECAPITULATION 1"> + <tr> + <td class="tdl" width="80%"><p class="hang">28. Mrs. Mary Mackintosh, wife of His Excellency Robert + James Mackintosh, Governor of the Island of Antigua, + &c. a legatee of $10,000, has</p></td> + <td class="tdr" width="20%">1/30</td> + </tr> + <tr> + <td class="tdl"><p class="hang">29. Mrs. Fanny E. Longfellow, wife of Prof. Henry W. + Longfellow, of Cambridge, Mass.</p></td> + <td class="tdr">1/30</td> + </tr> + <tr> + <td class="tdl"><p class="hang"><span class='pagenum'><a name="Page_32" id="Page_32">[32]</a></span>30. Thomas G. Appleton, of Boston</p></td> + <td class="tdr">1/30</td> + </tr> + <tr> + <td class="tdl"><p class="hang">31. Harriot Appleton, of Boston, a minor</p></td> + <td class="tdr">1/30</td> + </tr> + <tr> + <td class="tdl"><p class="hang">32. William S. Appleton, of Boston, a minor</p></td> + <td class="tdr">1/30</td> + </tr> + <tr> + <td class="tdl"><p class="hang">33. Nathan Appleton, of Boston, a minor</p></td> + <td class="tdr">1/30</td> + </tr> +</table> +</div> + + +<p><span class="sc">Mrs. Barrett's</span> and <span class="sc">Mrs. Jewett's Children</span>, $60,000 +out of $300,000, or 1/5; viz.:—</p> + +<div class="centered"> +<table border="0" cellpadding="0" cellspacing="0" width="60%" summary="RECAPITULATION 1"> + <tr> + <td class="tdl" width="80%"><p class="hang">34. Mrs. Mary Narcissa Bent, wife of Samuel W. Bent, + of Middlebury, Vt., a legatee of $15,000, has</p></td> + <td class="tdr">1/20</td> + </tr> + <tr> + <td class="tdl"><p class="hang">35. Mrs. Dora E. Spalding, wife of Dr. Edward Spalding, + of Nashua, N.H.</p></td> + <td class="tdr">1/20</td> + </tr> + <tr> + <td class="tdl"><p class="hang">36. Isaac Appleton Jewett's half-sister and heir-at-law, + Mrs. Harriet E. Ide, wife of Dr. William E. Ide, + of Columbus, Ohio, a legatee of $30,000</p></td> + <td class="tdr"> 1/10</td> + </tr> +</table> +</div> + +<br /> +<hr /> +<br /> + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Will of Samuel Appleton, by +Samuel Appleton and Nathaniel Ingersoll Bowditch + +*** END OF THIS PROJECT GUTENBERG EBOOK THE WILL OF SAMUEL APPLETON *** + +***** This file should be named 33362-h.htm or 33362-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/3/3/6/33362/ + +Produced by Jeannie Howse and Friend, and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by The Internet Archive/American Libraries.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + +</body> +</html> diff --git a/33362.txt b/33362.txt new file mode 100644 index 0000000..7bbf8e3 --- /dev/null +++ b/33362.txt @@ -0,0 +1,1219 @@ +The Project Gutenberg EBook of The Will of Samuel Appleton, by +Samuel Appleton and Nathaniel Ingersoll Bowditch + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Will of Samuel Appleton + with remarks by one of the executors + +Author: Samuel Appleton + Nathaniel Ingersoll Bowditch + +Release Date: August 6, 2010 [EBook #33362] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE WILL OF SAMUEL APPLETON *** + + + + +Produced by Jeannie Howse and Friend, and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by The Internet Archive/American Libraries.) + + + + + + + + + + THE + + WILL + + OF + + SAMUEL APPLETON; + + WITH + + REMARKS + + BY + + ONE OF THE EXECUTORS. + + + BOSTON: + PRINTED BY JOHN WILSON & SON, + 22, SCHOOL STREET. + 1853. + + + + +REMARKS. + + +Samuel Appleton was born at New Ipswich, N.H., June 22, 1766, and +died, without issue, at his residence in Boston, on Tuesday, July 12, +1853; having just entered on the eighty-eighth year of his age. + +In November, 1819, he married Mrs. Mary Gore, who was much younger +than himself. This union has been marked, on his side, by the most +unvarying confidence and sincere affection. He has ever found his own +delight in gratifying each wish of his wife with an almost boundless +indulgence. And she--the brilliant and happy mistress of his +hospitable mansion--has been alike admirable, when presiding over its +social circle, or its more public gayeties; and when, in its private +recesses, she has devoted herself to what she has ever felt to be her +highest duty and her chief privilege,--that of guarding the declining +years of her husband with the most kind and thoughtful care; cheering +his pathway to the tomb by those considerate attentions, which, both +in life and in death, he so gratefully appreciated and acknowledged. + +On the last morning of his life, he enjoyed his usual health. During +the day, however, he suffered pain and uneasiness, apparently the +result of indigestion. Mrs. Appleton, therefore, remained constantly +with him, but without feeling any serious apprehensions. He at length +seemed to be entirely relieved by the means used, and said, "I will +now try to go to sleep." In a few moments, Mrs. Appleton was alarmed +by hearing him breathe once or twice much more loudly than usual. She +ran to his bedside, and his favorite female attendant was immediately +summoned. He was still lying in the same attitude of repose. The sleep +that had fallen upon him so gently was the sleep of death! + +This event at once called forth a universal and spontaneous expression +of regard for the deceased from the community in which he had so long +lived. It was unrestrained by any differences of political opinion or +of religious sentiment. Thus, in the "Boston Post," the organ of the +Democratic party of Boston, there appeared the following +communication:-- + + "SAMUEL APPLETON is dead! Never has there been summoned from + among us a purer man or a more public-spirited citizen. + Possessing strong natural sense and the most plain and + unaffected manners, he was truly simple-hearted and + noble-minded. There was nothing about him of ostentation or + pretence. All his _acts_, during a long life, praise him. + Beginning with humble prospects, by industry and intelligence + he became one of our wealthiest merchants. As a country + schoolmaster, during the winter months, he was once, when a + young man, '_put up at auction_, to be boarded out in the + family that would consent to take him at the lowest rate.'[1] + Latterly, for many years, probably not a day has passed without + the performance of some deed of kindness great or small,--some + act of public or private munificence; and each evening saw him + sink to rest, happy in the consciousness that he had made + others happy. In a notice of him, as a benefactor of one of our + chief charitable institutions, published not long since, it is + said: 'In advanced age, and unable to walk from his house, he + continues in the highest and best sense to enjoy life. He has, + indeed, no children; but a numerous band of nephews and nieces + look up to him with truly filial regard. Indeed, the community + itself ventures to apply to him _their_ familiar and + affectionate appellation of "Uncle Sam." This name, in the + abstract so dear to every patriot, could not be more worthily + bestowed.'[2] That life, so honorable and so useful, rendered + sweet by the daily blessings of those whose necessities or + sufferings have been relieved by his bounty, has been fitly + closed by a calm and peaceful death." + +Obituary notices of a like favorable character, and characteristic +anecdotes, &c., were inserted in the "Daily Evening Transcript," the +"Boston Courier," and the "Christian Register," and also in various +other journals. + +Public funeral services were held at the Stone Chapel, on Friday +afternoon, at four o'clock. The Hon. Thomas H. Perkins, and a few +other surviving contemporaries of the deceased, were present among the +assemblage of relatives and friends by which the church was filled. + +He was buried at Mount Auburn, in a lot which he had purchased many +years ago, and on which he had erected a costly monument. Designing to +embellish that field of the dead, he had authorized an artist in a +foreign country to execute this work without regard to expense. When +completed, it was not in accordance with the simple tastes of Mr. +Appleton. He even desired that he might be buried in his tomb, under a +church in Boston, rather than in the beautiful spot which he had thus +selected and adorned. The existing ordinance of the city rendered it +impossible to comply with this suggestion; and indeed it seemed to be, +on other grounds, inexpedient. + +At a stated quarterly meeting of the Trustees of the Massachusetts +General Hospital, held on the same day, the following preamble and +votes, as proposed by the Chairman, were unanimously adopted, viz.:-- + + "The funeral of the late Hon. Samuel Appleton takes place this + afternoon; and the bells of the city are now tolling as a + public expression of respect for one of its worthiest sons and + its noblest benefactors, who, at the advanced age of + eighty-seven years, has died universally beloved and regretted. + + "Formerly a Trustee of this Institution, and ever cherishing a + lively interest in its welfare, we are happy to acknowledge our + indebtedness to him, alike for his valuable personal services, + and for a large share of that bounty which he has always so + wisely and so liberally bestowed. + + "This Board would present to the widow of the deceased, by whose + affectionate attentions and devoted care his life has been for + so many years prolonged and rendered happy, the assurances of + their profound sympathy, now that she has lost a companion and + friend by whom she was most tenderly beloved. + + "_Voted_, That this Board do now adjourn to attend the funeral + of the deceased." + +Mr. Appleton left a Will and Codicil, of which a few copies are +printed for the use of his executors and legatees. + +These documents were opened and read in the presence of the widow and +some of the relatives, on Saturday, July 16; and the following +anecdote was then related by one of the Executors:-- + +The late Isaac Appleton Jewett was a favorite nephew of the deceased, +and, as such, had a bequest of $30,000, and was eventually to receive +besides one-tenth part of the residuary property. He died in January +last, leaving as his heir-at-law a half-sister, who, by the terms of +the will, became entitled to these bequests. There was no +blood-relationship between her and the Testator. _A comparative +stranger would thus be a larger legatee than any one of his own +kindred._ The Executor called Mr. Appleton's attention to this fact. +His reply was: "I am much obliged for the suggestion: it was a proper +one for you to make. I will consider, and let you know my decision +to-morrow." The next day he said: "I have been thinking of what you +mentioned to me; and if, in the other world, there is any knowledge of +what is done in this, I should not like to have my nephew, whom I so +loved and trusted, find that my first act, on learning his death, is +the revocation or curtailment of a bequest made in his favor, and +which, if he had survived me, would have eventually benefited her who +was nearest and dearest to him. _The will must stand as it is._" This +confirmation of a private bequest is no less honorable to the memory +of Mr. Appleton, than are those other two provisions of his will by +which he so bountifully remembers the servants of his household, and +appropriates to public uses so large a part of his princely fortune. + + N.I.B. + + + * * * * * + +FOOTNOTES: + +[1] "History of the Massachusetts Hospital," 1851. + +[2] "History of the Massachusetts Hospital," 1851. + + * * * * * + + + + +WILL OF SAMUEL APPLETON. + + + + +THE + +LAST WILL AND TESTAMENT + +OF + +SAMUEL APPLETON. + + +Be it remembered, That I, SAMUEL APPLETON, of Boston, in the County of +Suffolk and State of Massachusetts, merchant, being of sound disposing +mind and memory, and in good health, but aware of the uncertainty of +life, and desirous of making a disposition of such property as I may +leave at the time of my decease, do make, publish, and declare this my +last Will and Testament, in manner and form following, to wit:-- + + [Sidenote: To his wife, $122,000.] + +I give and bequeath to my beloved wife, Mary Appleton, one hundred and +thirty thousand dollars, in the manner following, to wit:-- + + [Sidenote: Viz. $100,000.] + +1st. The sum of one hundred thousand dollars in cash, to be paid to +her by my executors. + + [Sidenote: House, 53, Beacon-street, at $14,000;] + +2d. My land and house in Beacon-street, Boston, numbered fifty-three, +now occupied by Mrs. Goodwin, and valued by me at fourteen thousand +dollars, to hold to her and her heirs. + + [Sidenote: And $6000 to put said House in order.] + +3d. The sum of six thousand dollars in cash to be paid to her by my +executors for the purpose of putting said house in good order and +condition. + + [Sidenote: Or the $20,000 in cash, if she prefers.] + +If, however, my wife do elect to accept the sum of twenty thousand +dollars in cash, instead of said land and house in Beacon-street, and +said six thousand dollars, then and in that case it is my will that +the sum of twenty thousand dollars in cash be paid to her by my +executors. + + [Sidenote: A clause revoked by the Codicil.] + +[4th. Any of the plate and furniture belonging to me at the time of my +decease, at the appraised value thereof, to the amount of eight +thousand dollars.] + + [Sidenote: Pew, horses, &c., shares in Athenaeum, $2000.] + +5th. My pew in King's Chapel in Boston, numbered two; also two shares +in the Boston Athenaeum; also the horses and carriages belonging to me +at the time of my decease,--all valued by me at two thousand dollars. + + [Sidenote: All in lieu of dower.] + +The provision thus made for my beloved wife is designed to be in full +satisfaction of her right of dower, or thirds, in my estate. + + + [Sidenote: To the children of Isaac Appleton, $60,000; viz.:--] + +I give and bequeath to the heirs of my brother Isaac Appleton, of +Dublin, State of New Hampshire, the sum of sixty thousand dollars, to +be distributed among them in the manner following, to wit:-- + + [Sidenote: To Mrs. Todd, $3000;] + +1st. To Mrs. Sarah Todd, of Byron, State of New York, daughter of my +brother Isaac Appleton, the sum of three thousand dollars. + + [Sidenote: And to each of her six children, $3000.] + +To the six children of the said Sarah Todd, grandchildren of my +brother Isaac Appleton, the sum of three thousand dollars to each and +every one of them. + + [Sidenote: To Mrs. Mary Davis, $3000;] + +2d. To Mrs. Mary Davis, of Lee County, State of Illinois, daughter of +my brother Isaac Appleton, the sum of three thousand dollars. + + [Sidenote: And her son, $3000.] + +To Cyrus A. Davis, son of the said Mary Davis, grandson of my brother +Isaac Appleton, the sum of three thousand dollars. + + [Sidenote: To Mrs. Kendall, $3000.] + +3d. To Mrs. Harriet G. Kendall, of Dublin, State of New Hampshire, +daughter of my brother Isaac Appleton, the sum of three thousand +dollars. + + [Sidenote: To her three children, each $3000.] + +To the three children[3] of the said Harriet G. Kendall, grandchildren +of my brother Isaac Appleton, the sum of three thousand dollars to +each and every one of them. + + [Sidenote: To David Appleton, $3000.] + +4th. To David Appleton, of Dublin, State of New Hampshire, son of my +brother Isaac Appleton, the sum of three thousand dollars. + + [Sidenote: To Joseph's four children, each $3000; viz. + Joseph B., Eugene, Mrs. Bagley, Mrs. Preston.] + +5th. To Joseph B. Appleton, of Lee County, State of Illinois; to +Eugene Appleton; to Mrs. Celestia Bagley; to Mrs. Mary Preston; being +the four children of Joseph Appleton deceased, and grandchildren of my +brother Isaac Appleton,--the sum of three thousand dollars to each and +every one of them. + + [Sidenote: To Mrs. Sarah Davis, $3000.] + +6th. To Mrs. Sarah Davis, of Ashby, State of Massachusetts, daughter +of Mrs. Emily Eastabrooks deceased, and granddaughter of my brother +Isaac Appleton, the sum of three thousand dollars. + + [Sidenote: To Mrs. Marr, $3000.] + +7th. To Mrs. Mary Jane Marr, of Scarboro', State of Maine, daughter of +Samuel Appleton deceased, and granddaughter of my brother Isaac +Appleton, the sum of three thousand dollars. + + [Sidenote: To the children of Dr. Moses Appleton, $60,000; viz.:] + +I give and bequeath to the four children of my late brother, Doctor +Moses Appleton, of Waterville, State of Maine, the sum of sixty +thousand dollars, to be distributed among them in the manner +following, to wit:-- + + [Sidenote: Samuel, $15,000.] + +1st. To Samuel Appleton, of Waterville, State of Maine, son of my late +brother, Doctor Moses Appleton, the sum of fifteen thousand dollars. + + [Sidenote: Moses L., $15,000.] + +2d. To Moses L. Appleton, of Bangor, State of Maine, son of my late +brother, Doctor Moses Appleton, the sum of fifteen thousand dollars. + + [Sidenote: Mrs. Wells, $15,000.] + +3d. To Mrs. Ann Louisa Wells, of Portland, State of Maine, daughter of +my late brother, Dr. Moses Appleton, the sum of fifteen thousand +dollars. + + [Sidenote: Mrs. Plaisted, $15,000.] + +4th. To Mrs. Mary Jane Plaisted, of Waterville, State of Maine, +daughter of my late brother, Doctor Moses Appleton, the sum of fifteen +thousand dollars. + + [Sidenote: To Eben Appleton's children, $60,000; viz.:--] + + +I give and bequeath to the three children of my deceased brother Eben +Appleton, the sum of sixty thousand dollars, to be distributed among +them in the manner following, to wit: + + [Sidenote: S.A. Appleton, $25,000.] + +1st. To Samuel A. Appleton, of Boston, son of my deceased brother Eben +Appleton, the sum of twenty-five thousand dollars. + + [Sidenote: Wm. S. Appleton, $25,000.] + +2d. To William S. Appleton, of Baltimore, State of Maryland, son of my +deceased brother Eben Appleton, the sum of twenty-five thousand +dollars. + + [Sidenote: Mrs. Blatchford, $10,000.] + +3d. To Mrs. Caroline F. Blatchford, of Auburn, State of New York, +daughter of my deceased brother Eben Appleton, the sum of ten thousand +dollars. + + + [Sidenote: To the children of Nathan Appleton, $60,000; viz.:] + +I give and bequeath to the six children of my brother Nathan Appleton, +of Boston, the sum of sixty thousand dollars, to be distributed among +them in the manner following, to wit:-- + + [Sidenote: Mrs. Mackintosh, $10,000.] + +1st. To Mrs. Mary Mackintosh, daughter of my brother Nathan Appleton, +the sum of ten thousand dollars. + + [Sidenote: Mrs. Longfellow, $10,000.] + +2d. To Mrs. Fanny E. Longfellow, daughter of my brother Nathan +Appleton, the sum of ten thousand dollars. + + [Sidenote: Thomas G., $10,000.] + +3d. To Thomas G. Appleton, son of my brother Nathan Appleton, the sum +of ten thousand dollars. + + [Sidenote: Harriot, $10,000.] + +4th. To Harriot Appleton, daughter of my brother Nathan Appleton, the +sum of ten thousand dollars. + + [Sidenote: William S., $10,000.] + +5th. To William S. Appleton, son of my brother Nathan Appleton, the +sum of ten thousand dollars. + + [Sidenote: Nathan, $10,000.] + +6th. To Nathan Appleton, son of my brother Nathan Appleton, the sum of +ten thousand dollars. + + + [Sidenote: To Mrs. Barrett's children, $30,000, viz.:] + +I give and bequeath to the two children of my sister, Mary Barrett, of +New Ipswich, State of New Hampshire, the sum of thirty thousand +dollars, to be distributed between them in the manner following, to +wit:-- + + [Sidenote: Mrs. Bent, $15,000.] + +1st. To Mrs. Mary Narcissa Bent, daughter of my sister Mary Barrett, +the sum of fifteen thousand dollars. + + [Sidenote: Mrs. Spalding, $15,000.] + +2d. To Mrs. Dora E. Spalding, daughter of my sister Mary Barrett, the +sum of fifteen thousand dollars. + + + [Sidenote: To Mrs. Jewett's son, Isaac A. Jewett, $30,000.] + +I give and bequeath to Isaac Appleton Jewett, son of my deceased +sister Emily Jewett, the sum of thirty thousand dollars. + + [Sidenote: To Maria Goodwin, $7000.] + +I give and bequeath to Miss Maria Goodwin, niece of my beloved wife, +who has for many years resided in my house as one of my family, the +sum of seven thousand dollars. + + + [Sidenote: Mrs. Goodwin, $1000.] + +I give and bequeath to Mrs. Maria Goodwin, sister of my beloved wife, +the sum of one thousand dollars. + + + [Sidenote: Mary Goodwin, $1000.] + +I give and bequeath to Miss Mary Goodwin, daughter of the said Mrs. +Maria Goodwin, the sum of one thousand dollars. + + + [Sidenote: Delia Goodwin, $1000.] + +I give and bequeath to Miss Delia Goodwin, daughter of the said Mrs. +Maria Goodwin, the sum of one thousand dollars. + + + [Sidenote: Rev. E. Peabody, $5000.] + +I give and bequeath to my friend and pastor, the Rev. Ephraim Peabody, +of Boston, the sum of five thousand dollars. + + + [Sidenote: The servants, $5000.] + +I give and bequeath to the servants who may be living with me at the +time of my decease the sum of five thousand dollars, to be distributed +among them in the manner and according to proportions fixed upon by +my beloved wife. + + + [Sidenote: To his Executors, $200,000 for public uses.] + +And I do also hereby give and bequeath to my executors hereinafter +named--or such of them as shall accept the trust, the survivors or +survivor of them, to be by them applied, disposed of, and distributed, +for scientific, literary, religious, or charitable purposes--the +following manufacturing stocks at their par value, estimated at two +hundred thousand dollars, and situated as follows, to wit:-- + +1st. _At Manchester, State of New Hampshire._ + + Fifty shares in the Amoskeag Manufacturing Company. + Forty shares in the Stark Mills. + Ten shares in the Manchester Print Works. + +2d. _At Lowell, State of Massachusetts._ + + Twenty shares in the Merrimac Manufacturing Company. + Twenty shares in the Appleton Manufacturing Company. + Twenty shares in the Hamilton Manufacturing Company. + Twenty shares in the Suffolk Manufacturing Company. + Twenty shares in the Massachusetts Cotton Mills. + +My wishes in regard to the particular institutions or objects to which +the aforesaid manufacturing stocks are to be applied, and also the +time and mode of the application thereof, I intend to make known to +my executors; and I feel sure that they will strictly comply with the +same; and, in default of any such directions from me, I have +confidence in their making such a disposition and distribution of said +property as they will think would be most likely to meet my +approbation. + + + [Sidenote: Powers of sale, &c.] + + [Sidenote: Estate to be settled in 2 years.] + +I hereby fully authorize and empower and direct my executors +hereinafter named, or such of them as shall accept the trust, the +survivors or survivor of them, or any administrator on my estate, to +sell and convey at public auction, or by private sale, at such times +and on such conditions as they shall judge best, any and all estate +and property, real, personal, and mixed, of which I may die seized or +possessed, saving and excepting only such as herein is specifically +given to my beloved wife; and likewise the said land and house devised +to my beloved wife, in case she shall elect not to take the same; and +to make and deliver good and sufficient conveyances and transfers +thereof; the purchasers to be in nowise bound to see to the +appropriation of the purchase-money: it being my wish that my estate +should be settled as soon as convenient after my decease, and, if +practicable, within two years thereafter. + + [Sidenote: Residue to his nephews, nieces, &c. in sums + corresponding to their specific bequests respectively.] + +If, after the conversion of the residue of my estate into money, and +the payment of all my debts, and the distribution and payment of all +the bequests in this my Will, contained in accordance with the +foregoing dispositions, any residue should remain, it is my will that +the amount of said residue be distributed among the children and +grandchildren of my brother Isaac Appleton, and among the children of +my late brother Doctor Moses Appleton, and among the children of my +deceased brother Eben Appleton, and among the children of my brother +Nathan Appleton, and among the children of my sister Mary Barrett, and +of my deceased sister Emily Jewett, hereinbefore named, in proportions +corresponding to the amounts or sums which said heirs are respectively +entitled to receive by virtue of the original dispositions in this my +Will. + + [Sidenote: No legacy to lapse by death of legatee.] + +If any of the legatees named in this Will should die in my lifetime, +then and in that case, whatever is herein given to such legatee I give +to and among those who at my decease may be heirs-at-law of such +legatee by the Statute of Distributions of this Commonwealth, as to +any real estate of which said legatee should then have died seized. + + [Sidenote: Liability of Executors.] + +I direct that my executors shall each be liable only for his own +actual receipts and his own wilful defaults, and not the one for the +other or others. + + [Sidenote: Executors named.] + +I appoint Nathan Appleton, William Appleton, Nathaniel Ingersoll +Bowditch, and Isaac Appleton Jewett, to be the executors of this my +last Will and Testament, hereby revoking all Wills by me heretofore +made. + +In witness whereof, I have hereunto set my hand and seal on this +twenty-eighth day of February, in the year of our Lord one thousand +eight hundred and fifty-one. + + (Signed) + SAML. APPLETON [AND A SEAL]. + + Signed, sealed, published, and declared by + said Testator to be his last Will and + Testament, in presence of us, who, at + his request, and in his presence, and in + presence of each other, have hereunto + set our names as witnesses. + + JOSEPH TILDEN. + MOSES L. HALE. + FRANKLIN H. STORY. + + + * * * * * + +FOOTNOTES: + +[3] One of these children died before the Testator. The father, as his +heir, is entitled to his share, by a subsequent provision of the +Will. + + * * * * * + + + + +CODICIL. + + +I, SAMUEL APPLETON, of Boston, in the County of Suffolk, and State of +Massachusetts, merchant, having further considered my last Will and +Testament, bearing date the twenty-eighth day of February, in the year +of our Lord one thousand eight hundred and fifty-one, do think proper +to make and publish the following as a Codicil thereunto. + + + [Sidenote: Revokes a clause of the Will;] + +I do hereby revoke and cancel that clause in said last Will and +Testament, giving unto my beloved wife "any of the plate and furniture +belonging to me at the time of my decease, at the appraised value +thereof, to the amount of eight thousand dollars;" and in lieu thereof +I do make the following dispositions:-- + + [Sidenote: And gives to widow his mansion-house, 37, + Beacon-street,] + +I give and devise unto my beloved wife the dwelling-house, with the +stables, lands, and appurtenances thereunto belonging, now occupied by +me, being the dwelling-house numbered thirty-seven in Beacon-street, +Boston, to have and to hold the same to her, her heirs and assigns for +ever. + + [Sidenote: And all the plate, &c. therein.] + +And I do also give and bequeath unto my beloved wife all the plate, +furniture, pictures, statuary, books, stores, and other household +articles, belonging to me at the time of my decease; and it is my wish +that no inventory be taken of the same. + + [Sidenote: Legatees may take property at appraisement, &c.] + +And it is also my wish that each and every of the legatees, in said +last Will and Testament named, may, with the advice and consent of my +executors, take, in lieu of the money to which they are entitled by +said last Will and Testament, any of the property, left by me at the +time of my decease, at the appraised value thereof. + + [Sidenote: Bonds of Executors to be only in a penalty + adequate to protect creditors.] + +And I do also direct that the executors of my said last Will and +Testament shall give bonds in such sum only as the Judge of Probate +may consider sufficient for the payment of the amount of my debts. + +In witness whereof, I have hereto set my hand and seal, this eighth +day of October, in the year of our Lord one thousand eight hundred and +fifty-two. + + (Signed) + SAML. APPLETON [AND A SEAL]. + + Signed, sealed, published, and declared by + said Testator to be a Codicil to his + last Will and Testament, in presence of + us, who, at his request, and in his + presence, and in presence of each other, + hereto set our names as witnesses. + + JOSEPH TILDEN. + FRANKLIN H. STORY. + FRANCIS C. LOWELL. + + + + +RECAPITULATION. + + + + +RECAPITULATION. + + + To the widow (by the Will), $108,000 in personal + property, and $14,000 in real estate; or all in + personal property, at her option; and (by the + Codicil), his mansion-house, and all in it; of + the value of $200,000 + + To the descendants of each of his four brothers + (Isaac, Moses, Eben, and Nathan Appleton), $60,000. + To the descendants of each of his two sisters (Mary + Barrett and Emily Jewett), $30,000. In all 300,000 + + To Maria Goodwin, $7000; her mother and two sisters, + $1000 each 10,000 + + To Rev. Ephraim Peabody, $5000; and to the servants + in the family, $5000 10,000 + + To public uses 200,000 + + +All the residue to the said descendants of his brothers and sisters, +in sums corresponding to their respective specific bequests. The +residuary legatees will be therefore entitled to claim in the +following proportions, viz.:-- + + ISAAC APPPLETON'S DESCENDANTS, $60,000 out of $300,000, or 1/5; + viz.:-- + + 1. Mrs. Sarah Todd, wife of James B. Todd, of Byron, + N.Y., a legatee of $3000, has 1/100 + + 2. Isaac A. Todd, of Byron, N.Y. 1/100 + + 3. Mrs. Rachel D. Moore, wife of Tom Moore, of Medina, + Michigan 1/100 + + 4. Mrs. Emily A. Hall, wife of Alfred D. Hall, of + Sheridan, Calhoun County, Michigan 1/100 + + 5. Dr. Daniel Todd, of Canandaigua, Lenawee County, + Michigan 1/100 + + 6. Samuel A. Todd, a minor, of Byron, N.Y. 1/100 + + 7. Francis James Todd, a minor, of Byron, N.Y. 1/100 + + 8. Mrs. Mary Davis, now wife of Asa Holt, of Ashby, + Mass. 1/100 + + 9. Her son, Cyrus A. Davis, of Palestine Grove, Lee + County, Illinois 1/100 + + 10. Mrs. Harriet G. Kendall, wife of Rev. Henry A. + Kendall, of Concord, N.H. 1/100 + + 11. Her husband, as heir of a deceased daughter 1/100 + + 12. Their minor son, Henry Kendall 1/100 + + 13. Their minor son, Samuel Kendall 1/100 + + 14. David Appleton, of Dublin, N.H. 1/100 + + 15. Joseph B. Appleton, of Palestine Grove, Lee County, + Illinois 1/100 + + 16. Eugene F. Appleton, fifteen years old, of New + Ipswich, N.H. 1/100 + + 17. Mrs. Celestia Bagley, wife of Gilman Bagley, of + Sharon, N.H. 1/100 + + 18. Mrs. Mary Preston, wife of Edward F. Preston, of + New Ipswich, N.H. 1/100 + + 19. Mrs. Sarah Davis, wife of John U. Davis, of New + Ipswich, N.H. 1/100 + + 20. Mrs. Mary Jane Marr, wife of Dennis W. Marr, of + Portland, Maine 1/100 + + +MOSES APPLETON'S CHILDREN, $60,000 out of $300,000, or 1/5; viz.:-- + + 21. Samuel Appleton, of Waterville, Maine, a legatee of + $15,000, has 1/20 + + 22. Moses L. Appleton, of Bangor, Maine 1/20 + + 23. Mrs. Ann Louisa Wells, wife of Hon. Samuel Wells, + of Portland, Maine 1/20 + + 24. Mrs. Mary Jane Plaisted, wife of Dr. Samuel + Plaisted, of Waterville, Maine 1/20 + + +EBEN APPLETON'S CHILDREN, $60,000 out of $300,000, or 1/5; viz.:-- + + 25. Samuel A. Appleton, of Boston, being a legatee of + $25,000, has 1/12 + + 26. William S. Appleton, of Baltimore, M.D. 1/12 + + 27. Mrs. Caroline F. Blatchford, wife of Samuel + Blatchford, of Auburn, N.Y., a legatee of $10,000 1/30 + +NATHAN APPLETON'S CHILDREN, $60,000 out of $300,000, or 1/5; viz.:-- + + 28. Mrs. Mary Mackintosh, wife of His Excellency Robert + James Mackintosh, Governor of the Island of Antigua, + &c. a legatee of $10,000, has 1/30 + + 29. Mrs. Fanny E. Longfellow, wife of Prof. Henry W. + Longfellow, of Cambridge, Mass. 1/30 + + 30. Thomas G. Appleton, of Boston 1/30 + + 31. Harriot Appleton, of Boston, a minor 1/30 + + 32. William S. Appleton, of Boston, a minor 1/30 + + 33. Nathan Appleton, of Boston, a minor 1/30 + + +MRS. BARRETT'S and MRS. JEWETT'S CHILDREN, $60,000 out of $300,000, +or 1/5; viz.:-- + + 34. Mrs. Mary Narcissa Bent, wife of Samuel W. Bent, + of Middlebury, Vt., a legatee of $15,000, has 1/20 + + 35. Mrs. Dora E. Spalding, wife of Dr. Edward Spalding, + of Nashua, N.H. 1/20 + + 36. Isaac Appleton Jewett's half-sister and heir-at-law, + Mrs. Harriet E. Ide, wife of Dr. William E. Ide, + of Columbus, Ohio, a legatee of $30,000 1/10 + + * * * * * + + + + + + +End of the Project Gutenberg EBook of The Will of Samuel Appleton, by +Samuel Appleton and Nathaniel Ingersoll Bowditch + +*** END OF THIS PROJECT GUTENBERG EBOOK THE WILL OF SAMUEL APPLETON *** + +***** This file should be named 33362.txt or 33362.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/3/3/6/33362/ + +Produced by Jeannie Howse and Friend, and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by The Internet Archive/American Libraries.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/33362.zip b/33362.zip Binary files differnew file mode 100644 index 0000000..5cb9817 --- /dev/null +++ b/33362.zip diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..f3f4da0 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #33362 (https://www.gutenberg.org/ebooks/33362) |
