The Will of Samuel Appleton, with Remarks by One of the Executors

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.

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: —

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: —

Viz. $100,000.

1st. The sum of one hundred thousand dollars in cash, to be paid to her by my executors.

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.

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.

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.

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.]

Pew, horses, &c., shares in Athenæum, $2000.

5th. My pew in King's Chapel in Boston, numbered two; also two shares in the Boston Athenæum; also the horses and carriages belonging to me at the time of my decease, – all valued by me at two thousand dollars.

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.

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: —

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.

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.

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.

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.

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.

To her three children, each $3000.

To the three children3 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.

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.

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.

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.

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.

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: —

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.

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.

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.

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.

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:

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.

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.

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.

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: —

Mrs. Mackintosh, $10,000.

1st. To Mrs. Mary Mackintosh, daughter of my brother Nathan Appleton, the sum of ten thousand dollars.

Mrs. Longfellow, $10,000.

2d. To Mrs. Fanny E. Longfellow, daughter of my brother Nathan Appleton, the sum of ten thousand dollars.

Thomas G., $10,000.

3d. To Thomas G. Appleton, son of my brother Nathan Appleton, the sum of ten thousand dollars.

Harriot, $10,000.

4th. To Harriot Appleton, daughter of my brother Nathan Appleton, the sum of ten thousand dollars.

William S., $10,000.

5th. To William S. Appleton, son of my brother Nathan Appleton, the sum of ten thousand dollars.

Nathan, $10,000.

6th. To Nathan Appleton, son of my brother Nathan Appleton, the sum of ten thousand dollars.

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: —

Mrs. Bent, $15,000.

1st. To Mrs. Mary Narcissa Bent, daughter of my sister Mary Barrett, the sum of fifteen thousand dollars.

Mrs. Spalding, $15,000.

2d. To Mrs. Dora E. Spalding, daughter of my sister Mary Barrett, the sum of fifteen thousand dollars.

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.

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.

Mrs. Goodwin, $1000.

I give and bequeath to Mrs. Maria Goodwin, sister of my beloved wife, the sum of one thousand dollars.

Mary Goodwin, $1000.

I give and bequeath to Miss Mary Goodwin, daughter of the said Mrs. Maria Goodwin, the sum of one thousand dollars.

Delia Goodwin, $1000.

I give and bequeath to Miss Delia Goodwin, daughter of the said Mrs. Maria Goodwin, the sum of one thousand dollars.

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.

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.

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.

Powers of sale, &c.

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.

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.

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.

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.

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, 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.

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.

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: —

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.

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.

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.

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, 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.

RECAPITULATION

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.: —