a will and letter of instructions were drawn and executed; and not many months after, the old man was carried to the grave.
The will was as follows:—
Know All Men by These Presents. That I, S H, of Boston, Massachusetts, do make this my last will and testament.
After the payment of my just debts and funeral expenses, I give, devise, and bequeath all the estate, both real and personal, of which I shall die seized and possessed and to which I may be entitled at the time of my decease to R E of said Boston and to his heirs and assigns forever.
I constitute and appoint the said R E the executor of this will, and exempt him from giving a surety or sureties on his official bond.
In Witness whereof I have hereunto set my hand and seal this 5th day of April, a. d. 1878.
| Attestation clause with three witnesses. |
seal. |
Simultaneously the testator signed the letter of instructions referred to above. It was carefully drawn by the attorney conformably to notes furnished him by the testator, and was as follows:—
To R E of Boston, Massachusetts.
I have this day executed my last will, in which you are named executor and sole legatee. While by the terms of that instrument you are given the unrestricted use of my entire estate, yet I feel confident that you will comply with the instructions herein given, although they may have no legal force and effect. My purpose in making no reference in the will to my real intentions is to avoid publicity, and also the expenses and embarrassments of possible litigation. However, I have no fear of any attempts to disturb the provisions of the will on the grounds of insanity or undue influence, as I have no near relatives, and am also generally believed to have meagre pecuniary resources.
It has long been my purpose to confer some benefit on the people. It is my impression that many bequests of benevolent testators are faithfully carried out; but I have heard of the misappropriation in some cases of funds given for charitable purposes, and I am aware that the course of events often interferes with original plans, and thus thwarts the cherished intentions of testators. In these latter cases recourse is had to the courts,—a proceeding probably never contemplated by the founders of trusts. To avoid a result of this kind, I request you to dispose of the property given you by the will in the manner indicated below.
You may use your judgment as to the management of my estate for two years succeeding the day of the probate of my will. At the expiration of said two years (my debts, which will be found to be few and small in amount, having been first paid), I request you to convert my entire estate into money. From the proceeds I desire you to retain five thousand dollars, which you will receive both as a mark of personal esteem and as compensation for your services in the settlement of my affairs. You will also retain six hundred dollars, which you will equally divide among the witnesses hereinafter referred to. The remainder of my estate you are directed to turn into Legal Tender Notes, which you will then destroy in the following way. I request you to call in three reputable witnesses (the witnesses to my will preferred), upon whom strict secrecy shall be enjoined. You will make an accurate statement in writing of the numbers and denominations of the bills, and this statement you and the witnesses will sign after the bills have been burned in the presence of you all. You will thereupon send the statement to the Secretary of the United States Treasury at Washington, so that he may be informed of the description and number of bills thus forever withdrawn from circulation, with the instruction that the whole transaction is to remain a secret for the period of eight years. It is a matter of indifference to me whether the transaction shall even then be made known to the world. Perhaps it will be better for the people to remain in ignorance of the slight benefit conferred upon them.
I believe that I have always been called a peculiar man, but I do not regard my purpose, just outlined, as in any sense extraordinary. These notes were originally issued as a war measure, and it is a reproach to our Government that they were not long ago redeemed. I propose to contribute my all towards their redemption, and thus, by benefiting the Government, to benefit the people. As the bills of small value are the more likely to be
