| I, Benjamin
Franklin, of Philadelphia, printer, late Minister Plenipotentiary
from the United States of America to the Court of France, now President
of the State of Pennsylvania, do make and declare my last will and
testament as follows:
To my son, William
Franklin, late Governor of the Jerseys, I give and devise all the
lands I hold or have a right to, in the province of Nova Scotia,
to hold to him, his heirs, and assigns forever. I also give to him
all my books and papers, which he has in his possession, and all
debts standing against him on my account books, willing that no
payment for, nor restitution of, the same be required of him, by
my executors. The part he acted against me in the late war, which
is of public notoriety, will account for my leaving him no more
of an estate he endeavoured to deprive me of.
Having since
my return from France demolished the three houses in Market Street,
between Third and Fourth Streets, fronting my dwelling-house, and
erected two new and larger ones on the ground, and having also erected
another house on the lot which formerly was the passage to my dwelling,
and also a printing-office between my dwelling and the front houses;
now I do give and devise my said dwelling-house, wherein I now live,
my said three new houses, my printing- office and the lots of ground
thereto belonging; also my small lot and house in Sixth Street,
which I bought of the widow Henmarsh; also my pasture-ground which
I have in Hickory Lane, with the buildings thereon; also my house
and lot on the North side of Market Street, now occupied by Mary
Jacobs, together with two houses and lots behind the same, and fronting
on Pewter-Platter Alley; also my lot of ground in Arch Street, opposite
the church-burying ground, with the buildings thereon erected; also
all my silver plate, pictures, and household goods, of every kind,
now in my said dwelling-place, to my daughter, Sarah Bache, and
to her husband, Richard Bache, to hold to them for and during their
natural lives, and the life of the longest liver of them, and from
and after the decease of the survivor of them, I do give, devise,
and bequeath to all children already born, or to be born of my said
daughter, and to their heirs and assigns forever, as tenants in
common, and not as joint tenants.
And, if any
or either of them shall happen to die under age, and without issue,
the part and share of him, her, or them, so dying, shall go to and
be equally divided among the survivors or survivor of them. But
my intention is, that, if any or either of them should happen to
die under age, leaving issue, such issue shall inherit the part
and share that would have passed to his, her, or their parent, had
he, she, or they been living.
And, as some
of my said devisees may, at the death of the survivor of their father
or mother, be of age, and others of them under age, so as that all
of them may not be of capacity to make division, I in that case
request and authorize the judges of the Supreme Court of Judicature
of Pennsylvania for the time being, or any three of them, not personally
interested, to appoint by writing, under their hands and seals,
three honest, intelligent, impartial men to make the said division,
and to assign and allot to each of my devisees their respective
share, which division, so made and committed to writing under the
hands and seals of the said three men, or any two of them, and confirmed
by the said judges, I do hereby declare shall be binding on, and
conclusive between the said devisees.
All the lands
near the Ohio, and the lots near the centre of Philadelphia, which
I lately purchased of the State, I give to my son-in-law, Richard
Bache, his heirs and assigns forever; I also give him the bond I
have against him, of two thousand and one hundred and seventy-two
pounds, five shillings, together with the interest that shall or
may accrue thereon, and direct the same to be delivered up to him
by my executors, canceled, requesting that, in consideration thereof,
he would immediately after my decease manumit and set free his Negro
man Bob. I leave to him, also, the money due to me from the State
of Virginia for types. I also give to him the bond of William Goddard
and his sister, and the counter bond of the late Robert Grace, and
the bond and judgment of Francis Childs, if not recovered before
my decease, or any other bonds, except the bond due from ----- Killian,
of Delaware State, which I give to my grandson, Benjamin Franklin
Bache. I also discharge him, my said son-in-law, from all claim
and rent of moneys due to me, on book account or otherwise. I also
give him all my musical instruments.
The king of
France's picture, set with four hundred and eight diamonds, I give
to my daughter, Sarah Bache, requesting , however, that she would
not form any of those diamonds into ornaments either for herself
or daughters, and thereby introduce or countenance the expensive,
vain, and useless fashion of wearing jewels in this country; and
those immediately connected with the picture may be preserved with
the same.
I give and devise
to my dear sister, Jane Mecom, a house and lot I have in Unity Street,
Boston, nor or late under the care of Mr. Jonathan Williams, to
her and to her heirs and assigns for ever. I also give her the yearly
sum of fifty pounds sterling, during life, to commence at my death,
and to be paid to her annually out of the interests or dividends
arising on twelve shares which I have since my arrival at Philadelphia
purchased in the Bank of North America, and, at her decease, I give
the said twelve shares in the bank to my daughter, Sarah Bache,
and her husband, Richard Bache. But it is my express will and desire
that, after the payment of the above fifty pounds sterling annually
to my said sister, my said daughter be allowed to apply the residue
of the interest or dividends on those shares to her sole and separate
use, during the life of my said sister, and afterwards the whole
of the interest or dividends thereof as her private pocket money.
I give the right
I have to take up to three thousand acres of land in the State of
Georgia, granted to me by the government of that State, to my grandson,
William Temple Franklin, his heirs and assigns forever. I also give
to my grandson, William Temple Franklin, the bond and judgment I
have against him of four thousand pounds sterling, my right to the
same to cease upon the day of his marriage; and if he dies unmarried,
my will is, that the same be recovered and divided among my other
grandchildren, the children of my daughter, Sarah Bache, in such
manner and form as I have herein before given to them the other
parts of my estate.
The philosophical
instruments I have in Philadelphia I give to my ingenious friend,
Francis Hopkinson.
To the children,
grandchildren, and great-grandchildren of my brother, Samuel Franklin,
that may be living at the time of my decease, I give fifty pounds
sterling, to be equally divided among them. To the children, grandchildren,
and great-grandchildren of my sister, Anne Harris, that may be living
at the time of my decease, I give fifty pounds sterling to be equally
divided among them. To the children, grandchildren, and great-grandchildren
of my brother James Franklin, that may be living at the time of
my decease, I give fifty pounds sterling to be equally divided among
them. To the children, grandchildren, and great-grandchildren of
my sister, Sarah Davenport, that may be living at the time of my
decease, I give fifty pounds sterling to be equally divided among
them. To the children, grandchildren, and great-grandchildren of
my sister, Lydia Scott, that may be living at the time of my decease,
I give fifty pounds sterling to be equally divided among them. To
the children, grandchildren, and great-grandchildren of my sister,
Jane Mecom, that may be living at the time of my decease, I give
fifty pounds sterling to be equally divided among them.
I give to my
grandson, Benjamin Franklin Bache, all the types and printing materials,
which I now have in Philadelphia, with the complete letter foundry,
which, in the whole, I suppose to be worth near one thousand pounds;
but if he should die under age, then I do order the same to be sold
by my executors, the survivors or survivor of them, and the moneys
be equally divided among all the rest of my said daughter's children,
or their representatives, each one on coming of age to take his
or her share, and the children of such of them as may die under
age to represent and to take the share and proportion of, the parent
so dying, each one to receive his or her part of such share as they
come of age.
With regard
to my books, those I had in France and those I left in Philadelphia,
being now assembled together here, and a catalogue made of them,
it is my intention to dispose of them as follows: My "History
of the Academy of Sciences," in sixty or seventy volumes quarto,
I give to the Philosophical Society of Philadelphia, of which I
have the honour to be President. My collection in folio of "Les
Arts et les Metiers," I give to the American Philosophical
Society, established in New England, of which I am a member. My
quarto edition of the same, "Arts et Metiers," I give
to the Library Company of Philadelphia. Such and so many of my books
as I shall mark on my said catalogue with the name of my grandson,
Benjamin Franklin Bache, I do hereby give to him; and such and so
many of my books as I shall mark on the said catalogue with the
name of my grandson, William Bache, I do hereby give to him; and
such as shall be marked with the name of Jonathan Williams, I hereby
give to my cousin of that name. The residue and remainder of all
my books, manuscripts, and papers, I do give to my grandson, William
Temple Franklin. My share in the Library Company of Philadelphia,
I give to my grandson, Benjamin Franklin Bache, confiding that he
will permit his brothers and sisters to share in the use of it.
I was born in
Boston, New England, and owe my first instructions in literature
to the free grammar schools established there. I therefore give
one hundred pounds sterling to my executors, to be by them, the
survivors or survivor of them, paid over to the managers or directors
of the free schools in my native town of Boston, to be by them,
or by those person or persons, who shall have the superintendance
and management of the said schools, put out to interest, and so
continued at interest forever, which interest annually shall be
laid out in silver medals, and given as honorary rewards annually
by the directors of the said free schools belonging to the said
town, in such manner as to the discretion of the selectmen of the
said town shall seem meet.
Out of the salary
that may remain due to me as President of the State, I do give the
sum of two thousand pounds sterling to my executors, to be by them,
the survivors or survivor of them, paid over to such person or persons
as the legislature of this State by an act of Assembly shall appoint
to receive the same in trust, to be employed for making the river
Schuylkill navigable.
And what money
of mine shall, at the time of my decease, remain in the hands of
my bankers, Messrs. Ferdinand Grand and Son, at Paris, or Messrs.
Smith, Wright, and Gray, of London, I will that, after my debts
are paid and deducted, with the money legacies of this my will,
the same be divided into four equal parts, two of which I give to
my dear daughter, Sarah Bache, one to her son Benjamin, and one
to my grandson, William Temple Franklin.
During the number
of years I was in business as a stationer, printer, and postmaster,
a great many small sums became due for books, advertisements, postage
of letters, and other matters, which were not collected when, in
1757, I was sent by the Assembly to England as their agent, and
by subsequent appointments continued there till 1775, when on my
return, I was immediately engaged in the affairs of Congress, and
sent to France in 1776, where I remained nine years, not returning
till 1785, and the said debts, not being demanded in such a length
of time, are become in a manner obsolete, yet are nevertheless justly
due. These, as they are stated in my great folio ledger E, I bequeath
to the contributors to the Pennsylvania Hospital, hoping that those
debtors, and the descendants of such as are deceased, who now, as
I find, make some difficulty of satisfying such antiquated demands
as just debts, may, however, be induced to pay or give them as charity
to that excellent institution. I am sensible that much must inevitably
be lost, but I hope something considerable may be recovered. It
is possible, too, that some of the parties charged may have existing
old, unsettled accounts against me; in which case the managers of
the said hospital will allow and deduct the amount, or pay the balance
if they find it against me.
My debts and
legacies being all satisfied and paid, the rest and residue of all
my estate, real and personal, not herein expressly disposed of,
I do give and bequeath to my son and daughter, Richard and Sarah
Bache.
I request my
friends, Henry Hill, Esquire, John Jay, Esquire, Francis Hopkinson,
Esquire, and Mr. Edward Duffield, of Benfield, in Philadelphia County,
to be the executors of this my last will and testament; and I hereby
nominate and appoint them for that purpose.
I would have
my body buried with as little expense or ceremony as may be. I revoke
all former wills by me made, declaring this only to be my last.
In witness thereof,
I have hereunto set my hand and seal, this seventeenth day of July,
in the year of our Lord, one thousand seven hundred and eighty-eight.
B. Franklin
Signed, sealed,
published, and declared by the above named Benjamin Franklin, for
and as his last will and testament, in the presence of us.
Abraham Shoemaker,
John Jones, George Moore.
CODICIL
I, Benjamin
Franklin, in the foregoing or annexed last will and testament named,
having further considered the same, do think proper to make and
publish the following codicil or addition thereto.
It having long
been a fixed political opinion of mine, that in a democratical state
there ought to be no offices of profit, for the reasons I had given
in an article of my drawing in our constitution, it was my intention
when I accepted the office of President, to devote the appointed
salary to some public uses. Accordingly, I had already, before I
made my will in July last, given large sums of it to colleges, schools,
building of churches, etc.; and in that will I bequeathed two thousand
pounds more to the State for the purpose of making the Schuylkill
navigable. But understanding since that such a work, and that the
project is not likely to be undertaken for many years to come, and
having entertained another idea, that I hope may be more extensively
useful, I do hereby revoke and annul that bequest, and direct that
the certificates I have for what remains due to me of that salary
be sold, towards raising the sum of two thousand pounds sterling,
to be disposed of as I am now about to order.
It has been
an opinion, that he who receives an estate from his ancestors is
under some kind of obligation to transmit the same to their posterity.
This obligation does not lie on me, who never inherited a shilling
from any ancestor or relation. I shall, however, if it is not diminished
by some accident before my death, leave a considerable estate among
my descendants and relations. The above observation is made as merely
as some apology to my family for making bequests that do not appear
to have any immediate relation to their advantage.
I was born in
Boston, New England, and owe my first instructions in literature
to the free grammar schools established there. I have, therefore,
already considered these schools in my will. But I am also under
obligations to the State of Massachusetts for having, unasked, appointed
me formerly their agent in England, with a handsome salary, which
continued some years; and although I accidentally lost in their
service, by transmitting Governor Hutchinson's letters, much more
that the amount of what they gave me, I do not think that ought
in the least to diminish my gratitude.
I have considered
that, among artisans, good apprentices are most likely to make good
citizens, and, having myself been bred to a manual art, printing,
in my native town, and afterwards assisted to set up my business
in Philadelphia by kind loans of money from two friends there, which
was the foundation of my fortune, and all the utility in life that
may be ascribed to me, I wish to be useful even after my death,
if possible, in forming and advancing other young men, that may
be serviceable to their country in both these towns. To this end,
I devote two thousand pounds sterling, of which I give one thousand
thereof to the inhabitants of the town of Boston, in Massachusetts,
and the other thousand to the inhabitants of the city of Philadelphia,
in trust, to and for the uses, intents, and purposes herein after
mentioned and declared.
The said sum
of one thousand pounds sterling, if accepted by the inhabitants
of the town of Boston, shall be managed under the direction of the
selectmen, united with the ministers of the oldest Episcopalians,
Congregational, and Presbyterian churches in that town, who are
to let out the sum upon interest, at five per cent, per annum, to
such young married artificers, under the age of twenty-five years,
as have served an apprenticeship in the said town, and faithfully
fulfilled the duties required in their indentures, so as to obtain
a good moral character from at least two respectable citizens, who
are willing to become their sureties, in a bond with the applicants,
for the repayment of the moneys so lent, with interest, according
to the terms hereinafter prescribed; all which bonds are to be taken
for Spanish milled dollars, or the value thereof in current gold
coin; and the managers shall keep a bound book or books, wherein
shall be entered the names of those who shall apply for and receive
the benefits of this institution, and of their sureties, together
with the sums lent, the dates, and other necessary and proper records
respecting the business and concerns of this institution. And as
these loans are intended to assist young married artificers in setting
up their business, they are to be proportioned by the discretion
of the managers, so as not to exceed sixty pounds sterling to one
person, nor to be less than fifteen pounds; and if the number of
appliers so entitled should be so large as that the sum will not
suffice to afford to each as much as might otherwise not be improper,
the proportion to each shall be diminished so as to afford to every
one some assistance. These aids may, therefore, be small at first,
but, as the capital increases by the accumulated interest, they
will be more ample. And in order to serve as many as possible in
their turn, as well as to make the repayment of the principal borrowed
more easy, each borrower shall be obliged to pay, with the yearly
interest, one tenth part of the principal and interest, so paid
in, shall be again let out to fresh borrowers.
And, as it is
presumed that there will always be found in Boston virtuous and
benevolent citizens, willing to bestow a part of their time in doing
good to the rising generation, by superintending and managing this
institution gratis, it is hoped that no part of the money will at
any time be dead, or be diverted to other purposes, but be continually
augmenting by the interest; in which case there may, in time, be
more that the occasions in Boston shall require, and then some may
be spared to the neighbouring or other towns in the said State of
Massachusetts, who may desire to have it; such towns engaging to
pay punctually the interest and the portions of the principal, annually,
to the inhabitants of the town of Boston.
If this plan
is executed, and succeeds as projected without interruption for
one hundred years, the sum will then be one hundred and thirty-one
thousand pounds; of which I would have the managers of the donation
to the town of Boston then lay out, at their discretion, one hundred
thousand pounds in public works, which may be judged of most general
utility to the inhabitants, such as fortifications, bridges, aqueducts,
public buildings, baths, pavements, or whatever may make living
in the town more convenient to its people, and render it more agreeable
to strangers resorting thither for health or a temporary residence.
The remaining thirty-one thousand pounds I would have continued
to be let out on interest, in the manner above directed, for another
hundred years, as I hope it will have been found that the institution
has had a good effect on the conduct of youth, and been of service
to many worthy characters and useful citizens. At the end of this
second term, if no unfortunate accident has prevented the operation,
the sum will be four millions and sixty one thousand pounds sterling,
of which I leave one million sixty one thousand pounds to the disposition
of the inhabitants of the town of Boston, and three millions to
the disposition of the government of the state, not presuming to
carry my views farther.
All the directions
herein given, respecting the disposition and management of the donation
to the inhabitants of Boston, I would have observed respecting that
to the inhabitants of Philadelphia, only, as Philadelphia is incorporated,
I request the corporation of that city to undertake the management
agreeably to the said directions; and I do hereby vest them with
full and ample powers for that purpose. And, having considered that
the covering a ground plot with buildings and pavements, which carry
off most of the rain and prevent its soaking into the Earth and
renewing and purifying the Springs, whence the water of wells must
gradually grow worse, and in time be unfit for use, as I find has
happened in all old cities, I recommend that at the end of the first
hundred years, if not done before, the corporation of the city Employ
a part of the hundred thousand pounds in bringing, by pipes, the
water of Wissahickon Creek into the town, so as to supply the inhabitants,
which I apprehend may be done without great difficulty, the level
of the creek being much above that of the city, and may be made
higher by a dam. I also recommend making the Schuylkill completely
navigable. At the end of the second hundred years, I would have
the disposition of the four million and sixty one thousand pounds
divided between the inhabitants of the city of Philadelphia and
the government of Pennsylvania, in the same manner as herein directed
with respect to that of the inhabitants of Boston and the government
of Massachusetts.
It is my desire
that this institution should take place and begin to operate within
one year after my decease, for which purpose due notice should be
publickly given previous to the expiration of that year, that those
for whose benefit this establishment is intended may make their
respective applications. And I hereby direct my executors, the survivors
or survivor of them, within six months after my decease, to pay
over the sum of two thousand pounds sterling to such persons as
shall be duly appointed by the Selectmen of Boston and the corporation
of Philadelphia, to receive and take charge of their respective
sums, of one thousand pounds each, for the purposes aforesaid.
Considering
the accidents to which all human affairs and projects are subject
in such a length of time, I have, perhaps, too much flattered myself
with a vain fancy that these dispositions, if carried into execution,
will be continued without interruption and have the effects proposed.
I hope, however, that is the inhabitants of the two cities should
not think fit to undertake the execution, they will, at least, accept
the offer of these donations as a mark of my good will, a token
of my gratitude, and a testimony of my earnest desire to be useful
to them after my departure.
I wish, indeed,
that they may both undertake to endeavour the execution of the project,
because I think that, though unforeseen difficulties may arise,
expedients will be found to remove them, and the scheme be found
practicable. If one of them accepts the money, with the conditions,
and the other refuses, my will then is, that both Sums be given
to the inhabitants of the city accepting the whole, to be applied
to the same purposes, and under the same regulations directed for
the separate parts; and, if both refuse, the money of course remains
in the mass of my Estate, and is to be disposed of therewith according
to my will made the Seventeenth day of July, 1788.
I wish to be
buried by the side of my wife, if it may be, and that a marble stone,
to be made by Chambers, six feet long, four feet wide, plain, with
only a small moulding round the upper edge, and this inscription:
Benjamin And
Deborah Franklin 178-
to be placed
over us both. My fine crab-tree walking stick, with a gold head
curiously wrought in the form of the cap of liberty, I give to my
friend, and the friend of mankind, General Washington. If it were
a Sceptre, he has merited it, and would become it. It was a present
to me from that excellent woman, Madame de Forbach, the dowager
Duchess of Deux-Ponts, connected with some verses which should go
with it. I give my gold watch to my son-in-law Richard Bache, and
also the gold watch chain of the Thirteen United States, which I
have not yet worn. My timepiece, that stands in my library, I give
to my grandson, William Temple Franklin. I give him also my Chinese
gong. To my dear old friend, Mrs. Mary Hewson, I give one of my
silver tankards marked for her use during her life, and after her
decease I give it to her daughter Eliza. I give to her son, William
Hewson, who is my godson, my new quarto Bible, and also the botanic
description of the plants in the Emperor's garden at Vienna, in
folio, with coloured cuts.
And to her son,
Thomas Hewson, I give a set of "Spectators, Tattlers, and Guardians"
handsomely bound.
There is an
error in my will, where the bond of William Temple Franklin is mentioned
as being four thousand pounds sterling, whereas it is but for three
thousand five hundred pounds.
I give to my
executors, to be divided equally among those that act, the sum of
sixty pounds sterling, as some compensation for their trouble in
the execution of my will; and I request my friend, Mr. Duffield,
to accept moreover my French wayweiser, a piece of clockwork in
Brass, to be fixed to the wheel of any carriage; and that my friend,
Mr. Hill, may also accept my silver cream pot, formerly given to
me by the good Doctor Fothergill, with the motto, Keep bright the
Chain. My reflecting telescope, made by Short, which was formerly
Mr. Canton's, I give to my friend, Mr. David Rittenhouse, for the
use of his observatory.
My picture,
drawn by Martin, in 1767, I give to the Supreme Executive Council
of Pennsylvania, if they shall be pleased to do me the honour of
accepting it and placing it in their chamber. Since my will was
made I have bought some more city lots, near the centre part of
the estate of Joseph Dean. I would have them go with the other lots,
disposed of in my will, and I do give the same to my Son-in-law,
Richard Bache, to his heirs and assigns forever.
In addition
to the annuity left to my sister in my will, of fifty pounds sterling
during her life, I now add thereto ten pounds sterling more, in
order to make the Sum sixty pounds. I give twenty guineas to my
good friend and physician, Dr. John Jones.
With regard
to the separate bequests made to my daughter Sarah in my will, my
intention is, that the same shall be for her sole and separate use,
notwithstanding her coverture, or whether she be covert or sole;
and I do give my executors so much right and power therein as may
be necessary to render my intention effectual in that respect only.
This provision for my daughter is not made out of any disrespect
I have for her husband.
And lastly,
it is my desire that this, my present codicil, be annexed to, and
considered as part of, my last will and testament to all intents
and purposes.
In witness whereof,
I have hereunto set my hand and Seal this twenty-third day of June,
Anno Domini one thousand Seven hundred and eighty nine.
B. Franklin.
Signed, sealed,
published, and declared by the above named Benjamin Franklin to
be a codicil to his last will and testament, in the presence of
us.
Francis Bailey,
Thomas Lang, Abraham Shoemaker. |