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happen that any of the persons whose names are here enumerated (unknown to me) should now be dead, or should die before me, that in either of these cases, the heir of such deceased person shall, notwithstanding, derive all the benefits of the bequest in the same manner as if he or she was actually living at the time. And, by way of advice, I recommend it to my executors not to be precipitate in disposing of the landed property (herein directed to be sold), if from temporary causes the sale thereof should be dull; experience having fully evinced, that the price of land, especially above the falls of the river and on the western waters, has been progressively rising, and cannot be long checked in its increasing value. And I particularly recommend it to such of the legatees (under this clause of my will), as can make it convenient, to take each a share of my stock in the Potomac Company in preference to the amount of what it might sell for ; being thoroughly convinced myself that no uses to which the money can be applied, will be so productive as the tolls arising from this navigation when in full operation (and thus, from the nature of things, it must be, ere long), and more especially if that of the Shenandoah is added thereto.
The family vault at Mount Vernon requiring repairs, and being improperly situated besides, I desire that a new one of brick, and upon a larger scale, may be built at the foot of what is commonly called the Vineyard Enclosure, on the ground which is marked out; in which my remains, with those of my deceased relations (now in the old vault), and such others of my family as may choose to be entombed there, may be deposited. And it is my express desire, that my corpse may be interred in a private manner, without parade or funeral oration.
LASTLY, I constitute and appoint my dearly beloved wife, Martha Washington, my nephews, William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel Washington, and Lawrence Lewis, and my ward, George Washington Parke Custis (when he shall have arrived at the age of twenty-one years), executrix and executors of this my will and testament ; in the construction of which it will be readily perceived, that no professional character has been consulted, or has had any agency in the draft; and that, although it has occupied many of my leisure hours to digest, and to throw it into its present form, it may, notwithstanding, appear crude and incorrect; but, having endeavoured to be plain and explicit in all the devises, even at the expense of prolixity, perhaps of tautology, I hope and trust that no disputes will arise concerning them. But if, contrary to expectation, the case should be otherwise, from the want of legal expressions, or the usual technical terms, or because too much or too little has been said on any of the devises to be consonant with law, my will and direction expressly is, that all disputes (if unhappily any should
arise) shall be decided by three impartial and intelligent men, known for their probity and good understanding, two to be chosen by the disputants, each having the choice of one, and the third by those two; which three men, thus chosen, shall, unfettered by law or legal constructions, declare their sense of the testator's intention; and such decision is, to all intents and purposes, to be as binding on the parties as if it had been given in the Supreme Court of the United States. In witness of all and of each of the things herein contained, I have set my
hand and seal, this ninth day of July, in the year one thousand seven hundred and ninety,' and of the Independence of the United States the twenty-fourth.
1 It appears that the testator omitted the word “nine.”
IN D E X.
of Vice - President beneath his
talents, 1510; charged with advo-
the general command in America, 1542 ; remarks on Washington's
1580; conversation with Washing-
1631 ; present at a farewell dinner
wounded husband in Burgoyne's the oath of office, speaks highly of
traordinary to the French Republic,
Washington, 1646 ; who replies,
1647 ; states his reasons for the
322; as Lieutenant-Governor of American Colonies, their treatment by
of taxing, 234 ; Acts of Parliament
vessels fitted out by the Congress to
- independence, declaration
Ames, Fisher, on the Congress, 1463;
ginia, 1581 ; remark upon the pub-
settle the boundaries in America, 33. Amherst, Major-General, expedition
pairs the works, ib. ; his orders to
112; Washington's bequest to the tion against Montreal, which capi-
to, 69; medal sent to her son, who the British ships at New York
received the name of Fairfax, 90. approved by Congress, 556 ; not
André, Major, pageant of the Mis-
camp to Sir Henry Clinton, 1153;
pan, 1180; writes to Sir H. Clin-
fraternal zeal, 428 ; letter from, ib. for Arnold, 1183; his talents and
sion of Sir H. Clinton on his behalf,
a British vessel, '1558 ; defeats the 1187 ; review of his conduct, 1188;
his execution, 1190; his remains
disinterred and buried in Westmin tiny in the, 1109; its inefficient
(1365; its junction with the French
cers to Congress, 1365; anonymous
but dangerous appeal to, 1368;
jections of Washington, 1521 ; al 1372; dismissed on furlough, 1377;
ing address of Washington to, 1385.
ton harbour, 1112 ; fleet under, 318; its movements before New
goyne, 904; indolence and luxury
Colonel John, destroys lis, surrenders to the Americans,
- Major, 710; his atten- Arnold, Benedict, particulars relative
to, 311; surprises and takes St.
928; particulars respecting, 1374. his command, 377; his impatience,
tinental, 318 ; its constitution, 322, to, 389; fears for, 392; progress