The Last Will and Testament of Benjamin
Franklin
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.