summaryrefslogtreecommitdiff
path: root/33362-8.txt
diff options
context:
space:
mode:
Diffstat (limited to '33362-8.txt')
-rw-r--r--33362-8.txt1219
1 files changed, 1219 insertions, 0 deletions
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.