The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-02-22
GEORGE WASHINGTON's WILL
BY FREDERIC J. HlsKIN.


While the whole nation to-day will
honor the memory Of George WASH
ington. the people at large little dream
that through the fault of the govern
inent itself his estate still remains
unsettled, and that much OF the
property which the general thought
ne owned when he died has been
diverted to other people. Yet such
Is the case. In order that his will
may be carried out an administrator
de bonis non has been appointed, and
steps are being taken to have the
government right the wrong which
was done him. Robert E. Lee, Jr.,
grandson OF tho Confederate COM
mander. Is the administrator. and
Greenlee Letcher, son Of the famous
war governor Of Virginia, is one Of
the lawyers for the estate. Lawrence
and Samuel Washington are the
agents for the heirs.
Washington accepted no pay for his
services as commander of the Revolu-
ttonary forces. When offered twenty
three thousand acres OF land as q
Eratuity for his services he refused
It. saying that he had enough to pro-
vide those who were OF his family
with q competence. A part of the
iaration was 1000 acres of land in
Ciermont county. Ohio. He had come
into the possession of this land
through the purchase of land war
rant, calling for 1000 acres To be
located west OF the Ohio river. 1t
had been issued regularly by Cover
nor Dunmore in favor of John Rootee.
I'm i7s5 tho Virginia Legislature passed
an act making valid such warrants
as that held by Washington, and pro-
vidtng that they should he located
on the western side OF the Ohio river
In the vacant land reserved for the
officers aud soldiers of the Revoiu-
ton.
Later Washington bought warrant
for 100 acres of land issued to
Thomas Cope for service In the Con-
tinental line from Virginia. He then
had his two warrants entered, with
$40 acres of land In Franklin town
ship. Clermont county, Ohio. 1.2sS
acres in Miami township. on the little
Miami river. s4s acres in Union town
ship. and 129 acres in Anderson town
ship, Hamilton county. The Virginia
legislature afterward perfected WASH
tngton's titles.
When Virginia ceded to the gem
erai government the territory of which
the State of Ohio now forms a part,
IL was expressly stipulated that all
Little Miami rivers should be reserved
for the satisfaction of such military
land warrant as Virginia had issued
or might issue to those who fought
LII defense eff their country. Under the
general laws OF the State every ma ior-
general In her line Of the Revolution
airy army was entitled to approx
mateiy $4,000 acres of land. Wash
tngton was the only one OF them who
did not take advantage of this pro-
vision, and IN keeping with his fixed
principle to accept no compensation
for his services except that which
arises from a sense of patriotic duty
earnestly performed. he never ac-
cepted a foot OF land or other finan-
ciat reward from the nation he had
done SO much to found.
A rumor at one time reached the
ears of General Washington that 9th
ers were locating upon his lands in
Ohio. He wrote to the officials in
charge and was assured that such was
not the case, but that II any steps
were taken placing them in jeopardy
ne would be notified. He paid taxes
on these lands until the time of his
death, and his heirs continued To do
SO for some time thereafter. In his
will5he beaueathed the property TO
certain of his heirs and advised them
against selling at an early date, rs he
believed the rapid enhancement In Its
value would provide them better In
yestmcnt than any other securities In
which the money derived from its
sale could be invested II was on this
advice that the heirs held the land.
Meanwhile other people came in
and made a second entry upon the
land. That they were sduatters Is
shown by the fact that the surveyor
used the field notes of the Washing
ton survey In locating the entries.
There were various proceedings in
Congress from time to time Intended
to protect the title of the Washington
estate to the Ohio land. but the mat
ter was never adjusted, and was fin
ally lost sight of after the last action
of the original executors of the estate.
There were other second locations
OF lands on the Western reserve. but
In ever case Ii LIS said that the losses
we're made good either by relocations
or scrip. Washingtons estate alone
lost its lands for good In 1852 there
was a law enacted providing for the
issuance OF scrip In such cases. but
the affairs OF the Washington estate
had been settled and there was no
one to make the application for the
scrip. In 1899 there was another law
enacted which cut on the right to
have these old warrants satisfied by
scrip.
IL Is held by the Washington heirs
that this law was Unconstitutional;
that one OF the conditions upon which
Virginia gave her western territory to
the Union was that these warrants
should be satisfied, making the mat
ter one of trust, against which no
statutory limitations can apply. The
heirs hold that the obligation Is q
debt of tho government, and that the
fourteenth amendment to the Consu-
tuition explicitly sets forth that the
public debt, authorized by law. shall
never be questioned--that IL. shall
never be extinguished by limitation or
Reputation, but shall run until paid
In 1871 there were still l7o.oeo
acres of land In the reserved district
held subject TO the warrants OF Reyo-
luttonary officcrs and soldiers. and this
land was transferred TO the Sta OF
Ohio. When Washington died, az y
shown by his will, he believed himself
worth sS30,O00. But when his estate
was settled there was only $4,000
realized, aside from the lands not sold
Much OF this shrinkage is represented
by the loss of the Ohio lands.
The heirs are not asking that they
be nut in possession or the lands which
once belonged to the estate Neither