The National tribune. [volume] (Washington, D.C.) 1877-1917, 1902-12-25
DANIEL WEBSTER'S WILL.
Probated in New o.I,ans. 1889

| Not long ago f. NJ. Calm. one of the
prominent attorneys of New Orleans, had
occasion to delye into the legal past. says
the New Orleans Picayuue, and in his
| investigations he unearthed document
| of great historical yalue-nothii,g less
than the last will and testament of Dam
| iel Webster, which was admitted to pro-
bate in January, 1853, by Hon. J. W. Lea,
| of the Second District Court.
Mr.. Calm. interested by the u1earthing
of the record, followed it UP. He found
that the will had been made by Daniel
Webster in Plymouth County, Massachu-
sets, and that at that time the noted
statesman was stricken by the illness
which was destined to prove fatal. The
will was duly probated in New Orleans,
the object of the move being to secure
the $4,000 fee which Mr.. Webster de-
manded in the Myra Clark Gaines case.
This is the verbiage of the opening SEN
fences of the Will:
IN the name of the Almighty God.
Il, Daniel Webster, of Marshfield, in
the County of Plymouth, and Common
wealth of Massachusetts, being now con-
fined to my house with a serious illness,
which, considering my time of life, is uu-
doubtediy critical, but being nevertheless
in the full possession of all my mental fac
ulties. do make and publish this, my last
will and testament"
In the beginning the will gives direc-
tons for the disposition of the remains OF
the testator, in the event of fatal issue
to the sickness. Directions are then
given for the disposal Of the main body
of the estate.
My affectionate wife, who has been
to me Il source of so much happiness.
must be tenderly provided for; care must
be taken that she has some reasonable
income. l direct my wife, Caroline lie
Roy Webster, have, and l hereby give to
her, the right at all times during her life
to reside in my mansion house at Marsh
field, when she wishes to do so, with my
son, in case he may reside there, or In
his absence, and this 1 do, not doubling
my sons affection for her or for me, but
because it is due to her that she should
receive this right from her husband.
Item: give and bequeath to my said
wife all the furniture which she brought
with her on her marriage, and the silver
plate purchased by Mr.. Rush for her own
USE"
Other personal requests which are Of
interest are as follows:
Item: l give and belueath to my son,
Fletcher Webster, all my law books,
wherever situated, for his own use.
Item: l give and bequeath to my SON.
MIA watch and chain for his own use.
Item: give and beQueath to my
granddaughter, Caroline LIE Roy Apple
ton. the portrait of myself by Healy.
which now hangs in the southeast parlor
at Marshfield for her own use.
Item: give and bequeath to my
grandson, Samuel Appleton, my gold
snuff box. with the head OF Gen. Wash
ington, all my fishing tackle and my Sill
den & Wilmot guns, for his own use.
Item: l give and bequeath to my
grandson, Daniel Webster Appleton, my
Washington medals for his own use.
Item: l give and beQueath to my
granddaughter, Julia Webster Appleton.
the clock presented to her grandmother by
the late Hon. George Blake"
Edward Everett, Cornelius Conway and
George Ticknor were appointed literary
executors by Judge Lea, and the will was
made of record.
The servants of Mr.. Webster, accord
ing to the following articles of the will,
were all free when he died:
MY servant, William johnson, is a free
man. / bought his freedom not long ago
for 5000. No demand is to be made upon
him for any portion of this sum, but so
long as is agreeable, hope he will remain
with the family.
''Minorca Mccarthy, Sarah Smith and
Ann Bean, cOlOred persons, now also and
for long time in my service. are all free.
They are very well deserving. and who
ever comes after me must be kind to
them.
Item: request that my said execu-
tors and trustees be not required to give
bonds for the performance of their re-
spective duties under this will
The fact that Daniel Webster's will
was probated in New Orleans is only
known to the legal fraternity. The doeu-
ment is not only legal but a literary
gem.