I, James Madison, of Orange County, do make this my last
will and testament, hereby revoking all wills by me heretofore made.
I devise to my dear wife during her life the tract of land
whereon I live, as now held by me, except as herein otherwise devised, and if
she shall pay the sum of nine thousand dollars within three years after my
death, to be distributed as herein after directed, then I devise the same land
to her in fee simple. If my wife shall not pay the said sum of money within the
period before mentioned, then and in that case it is my will and I hereby
direct that at her death the said land shall be sold for cash or on a credit,
as may be deemed most for the interest of those entitled to the proceeds
thereof. If my wife shall pay the said sum of money within the time before
specified as aforesaid, so as to become entitled to the fee simple in the said
land, then I bequeath the said sum of money to be equally divided among all my
nephews and nieces, which shall at that time be living, and in case of any of
them being dead, leaving issue at that time living, then such issue shall take
the place of it's or their deceased parent. It is my further will that in case
my wife shall not pay the said sum of money within the time before named and it
shall therefore be necessary to sell the said land at her death as before
directed, then after deducting the twentieth part of the purchase money of the
said land, which deducted part I hereby empower my wife to dispose of by her
Will, I bequeath the residue of the purchase money and in case of her dying
without having disposed of such deducted part by her Will, I bequeath the whole
of the purchase money of the said land to my nephews and nieces or the issues
of such of them as may be dead in the manner before directed in regard to the
money to be paid by her in case she shall pay the same. I devise my grist mill,
with the land attached thereto, to my wife during her life, and I hereby direct
the same to be sold at her death and the purchase money to be divided as before
directed in regard to the proceeds of the tract whereon I live. I devise to my
niece, Nelly C. Willis and her heirs the lot of land lying in Orange County
purchased of Boswell Thornton on which is a limestone quarry and also my
interest in a tract of land lying in Louisa County, reputed to contain two hundred
acres and not far from the said Limestone quarry. I devise my house and lot or
lots in the city of Washington to my beloved wife and her heirs.
I give and bequeath my ownership in the negroes and people
of colour held by me to my dear wife, but it is my desire that none of them
should be sold without his or her consent or in case of their misbehaviour;
except that infant children may be sold with their parent who consents for them
to be sold with him or her, and who consents to be sold.
I give all my personal estate of every description,
ornamental as well as useful, except as herein after otherwise given, to my
dear wife; and I also give to her all my manuscript papers, having entire
confidence in her discreet and proper use of them, but subject to the
qualification in the succeeding clause.
Considering the peculiarity and magnitude of the occasion
which produced the convention at Philadelphia in 1787, the Characters who
composed it, the Constitution which resulted from their deliberation, it's
effects during a trial of so many years on the prosperity of the people living
under it, and the interest it has inspired among the friends of free
Government, it is not an unreasonable inference that a careful and extended
report of the proceedings and discussions of that body, which were with closed
doors, by a member who was constant in his attendance, will be particularly
gratifying to the people of the United States, and to all who take an interest
in the progress of political science and the cause of true liberty. It is my
desire that the report as made by me should be published under her authority
and direction, as the publication may yield a considerable amount beyond the
necessary expenses thereof; I give the net proceeds thereof to my wife charged
with the following legacies to be paid out of that fund only — first I give to
Ralph Randolph Gurley, Secretary of the American Colonization society and to
his executors and administrators, the sum of two thousand dollars, in trust
nevertheless, that he shall appropriate the same to the use and purposes of the
said society, whether the same be incorporated by law or not. I give fifteen
hundred dollars to the University of Virginia, one thousand dollars to the
College at Nassau Hall at Princeton, New Jersey, and one thousand dollars to
the College at Uniontown, Pennsylvania and it is my will that if the said fund
should not be sufficient to pay the whole of the three last legacies, that they
abate in proportion.
I further direct that there be paid out of the same fund to
the guardian of the three sons of my deceased nephew, Robert L. Madison, the
sum of three thousand dollars, to be applied to their education in such
proportions as their guardian may think right — I also give, out of the same
fund to my nephew Ambrose Madison two thousand dollars to be applied by him to
the education of his sons in such proportions as he may think right, and I also
give out of the same fund the sum of five hundred dollars to each of the
daughters of my deceased niece, Nelly Baldwin and if the said fund shall not be
sufficient to pay the whole of the legacies for the education of my great
nephews as aforesaid and the said legacies to my great nieces, then they are to
abate in proportion.
I give to the University of Virginia all that portion of my
Library of which it has not copies of the same editions, and which may be
thought by the Board of Visitors not unworthy of a place in it's Library,
reserving to my wife the right first to select such particular books &
pamphlets as she shall choose, not exceeding three hundred volumes.
In consideration of the particular and valuable aids
received from my brother in law, John C. Payne and the affection which I bear
him, I devise to him and his heirs two hundred and forty acres of land on which
he lives, including the improvements, on some of which he has bestowed
considerable expense to be laid off adjoining the lands of Reuben and James
Newman in a convenient form for a farm so as to include woodland and by the
said Mr Newmans. I bequeath to my step son, John Payne Todd the case of Medals
presented me by my friend George W. Erving and the walking staff made from a
timber of the frigate Constitution and presented me by Commodore Elliot, her
present Commander.
I desire the gold mounted walking staff bequeathed to me by
my late friend Thomas Jefferson be delivered to Thomas J. Randolph as well in
testimony of the esteem I have for him as of the knowledge I have of the place
he held in the affection of his grand-father. To remove every doubt of what is
meant by the terms tract of land whereon I live, I here declare it to
comprehend all land owned by me and not herein otherwise devised away.
I hereby appoint my dear wife to be sole executrix of this
my Will and desire that she may not be required to give security for the
execution thereof and that my estate be not appraised.
IN testimony hereof — I have this fifteenth day of April,
one thousand eight hundred and thirty five — signed, sealed, published and
declared this to be my last Will & Testament.
We have signed in presence of the
James Madison. (Seal)
Testator
and of each other,
Robert Taylor.
Reuben Newman Sr.
Reuben Newman Jr.
Sims Brockman.
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* Orange C. H. Records.
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- Codicil to Last Will and Testament of James Madison, April 19, 1835
SOURCE: Gaillard Hunt, Editor, The Writings of James Madison: Volume IX, 1819-1836, p. 548-51
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