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it cannot be, the resemblance between them is so very remote, that it would not detract from the claim which the epitaph may justly have to be considered as an original composition.

No. IX.

FRANKLIN'S WILL.

I, BENJAMIN FRANKLIN, of Philadelphia, printer, late Minister Plenipotentiary from the United States of America to the Court of France, now President of the State of Pennsylvania, do make and declare my last will and testament as follows.

To my son, William Franklin, late Governor of the Jerseys, I give and devise all the lands I hold or have a right to in the Province of Nova Scotia, to hold to him, his heirs and assigns for ever. I also give to him all my books and papers, which he has in his possession, and all debts standing against him on my accountbooks, willing that no payment for, nor restitution of, the same be required of him by my executors. The part he acted against me in the late war, which is of public notoriety, will account for my leaving him no more of an estate he endeavoured to deprive me of.

Having since my return from France demolished the three houses in Market Street, between Third and Fourth Streets, fronting my dwelling-house, and erected two new and larger houses on the ground, and having also erected another house on the lot which formerly was the passage to my dwelling, and also a printing-office between my dwelling and the front houses; now I do give and devise my said dwelling-house, wherein I now live, my said three new houses, my printing-office, and the lots of ground thereto respectively belonging; also my small house and lot in Sixth Street, which I bought of the Widow Henmarsh; also my pasture ground, which I have in Hickory Lane, with the buildings thereon; also my house and lot on the north side of Market Street, now occupied by Mary Jacobs, together with two houses and lots behind the same, and fronting on Pewter-Platter Alley; also my lot of ground in Arch Street, opposite the Church burying-ground, with the buildings thereon erected; also all my silver plate, pictures, and household goods, of every kind, now in my said dwelling

house, to my daughter, Sarah Bache, and to her husband, Richard Bache, to hold to them for and during their natural lives, and the life of the longest liver of them. And from and after the decease of the survivor of them, I do give, devise, and bequeath the same to all children already born, or to be born of my said daughter, and to their heirs and assigns for ever, as tenants in common, and not as joint tenants.

And, if any or either of them shall happen to die under age, and without issue, the part and share of him, her, or them, so dying, shall go to and be equally divided among the survivors or survivor of them. But my intention is, that, if any or either of them should happen to die under age, leaving issue, such issue shall inherit the part and share that would have passed to his, her, or their parent, had he, she, or they been living. And, as some of my said devisees may, at the death of the survivor of their father and mother, be of age, and others of them under age, so as that all of them may not be of capacity to make division; I in that case request and authorize the Judges of the Supreme Court of Judicature of Pennsylvania, for the time being, or any three of them, not personally interested, to appoint by writing, under their hands and seals, three honest, intelligent, impartial men to make the said division, and to assign and allot to each of my devisees their respective share, which division, so made and committed to writing under the hands and seals of the said three men, or of any two of them, and confirmed by the said Judges, I do hereby declare shall be binding on, and conclusive between, the said devisees.

All the lands near the Ohio, and the lots near the centre of Philadelphia, which I lately purchased of the State, I give to my son-in-law, Richard Bache, his heirs and assigns for ever. I also give him the bond I have against him, of two thousand one hundred and seventy-two pounds, five shillings, together with the interest that shall or may accrue thereon, and direct the same to be delivered up to him by my executors cancelled, requesting that, in consideration thereof, he would immediately after my decease manumit and set free his negro man Bob. I leave to him, also, the money due to me from the State of Virginia for types. I also give to him the bond of William Goddard and his sister, and the counter bond of the late Robert Grace, and the bond and judgment of Francis Childs, if not recovered before my decease, or any other bonds then due, except the bond due from Killan,

of Delaware State, which I give to my grandson, Benjamin Frank

lin Bache. I also discharge him, my said son-in-law, from all claim of rent and moneys due to me, on book account or otherwise. I also give him all my musical instruments.

The King of France's picture, set with four hundred and eight diamonds, I give to my daughter, Sarah Bache, requesting, however, that she would not form any of those diamonds into ornaments, either for herself or daughters, and thereby introduce or countenance the expensive, vain, and useless fashion of wearing jewels in this country; and that those immediately connected with the picture may be preserved with the same.

I give and devise to my dear sister, Jane Mecom, a house and lot I have in Unity Street, Boston, now or late under the care of Mr. Jonathan Williams, to her and to her heirs and assigns for ever. I also give her the yearly sum of fifty pounds sterling, during life, to commence at my death, and to be paid to her annually out of the interest or dividends arising on twelve shares, which I have since my arrival at Philadelphia purchased in the Bank of North America, and, at her decease, I give the said twelve shares in the bank to my daughter, Sarah Bache, and her husband, Richard Bache. But it is my express will and desire, that, after payment of the above fifty pounds sterling annually to my said sister, my said daughter be allowed to apply the residue of the interest or dividends arising on those shares to her sole and separate use, during the life of my said sister, and afterwards the whole of the interest or dividends thereof as her private pocket money.

I give the right I have to take up three thousand acres of land in the State of Georgia, granted to me by the government of that State, to my grandson, William Temple Franklin, his heirs and assigns for ever. I also give to my grandson, William Temple Franklin, the bond and judgment I have against him of four thousand pounds sterling, my right to the same to cease upon the day of his marriage; and, if he dies unmarried, my will is, that the same be recovered and divided among my other grandchildren, the children of my daughter, Sarah Bache, in such manner and form as I have herein before given to them the other parts of my

estate.

The philosophical instruments I have in Philadelphia I give to my ingenious friend, Francis Hopkinson.

To the children, grandchildren, and great-grandchildren of my brother, Samuel Franklin, that may be living at the time of my decease, I give fifty pounds sterling, to be equally divided among

VOL. I.

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them.

To the children, grandchildren, and great-grandchildren of my sister, Anne Harris, that may be living at the time of my decease, I give fifty pounds sterling, to be equally divided among them. To the children, grandchildren, and great-grandchildren of my brother, James Franklin, that may be living at the time of my decease, I give fifty pounds sterling, to be equally divided among them. To the children, grandchildren, and great-grandchildren of my sister, Sarah Davenport, that may be living at the time of my decease, I give fifty pounds sterling, to be equally divided among them. To the children, grandchildren, and greatgrandchildren of my sister, Lydia Scott, that may be living at the time of my decease, I give fifty pounds sterling, to be equally divided among them. To the children, grandchildren, and greatgrandchildren of my sister, Jane Mecom, that may be living at the time of my decease, I give fifty pounds sterling, to be equally divided among them.

I give to my grandson, Benjamin Franklin Bache, all the types and printing materials, which I now have in Philadelphia, with the complete letter foundery, which, in the whole, I suppose to be worth near one thousand pounds; but, if he should die under age, and without children, then I do order the same to be sold by my executors, the survivors or survivor of them, and the moneys thence arising to be equally divided among all the rest of my said daughter's children or their representatives, each one on coming of age to take his or her share, and the children of such of them as may die under age to represent, and to take the share and proportion of, the parent so dying, each one to receive his or her part of such share as they come of age.

With regard to my books, those I had in France and those I left in Philadelphia being now assembled together here, and a catalogue made of them, it is my intention to dispose of the same as follows. My "History of the Academy of Sciences," in sixty or seventy volumes quarto, I give to the Philosophical Society of Philadelphia, of which I have the honor to be President. My collection in folio of Les Arts et les Métiers, I give to the American Philosophical Society established in New England, of which I am a member. My quarto edition of the same Arts et Métiers, I give to the Library Company of Philadelphia. Such and so many of my books, as I shall mark on the said catalogue with the name of my grandson, Benjamin Franklin Bache, I do hereby

* The American Academy of Arts and Sciences. EDITOR.

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give to him; and such and so many of my books, as I shall mark on the said catalogue with the name of my grandson, William Bache, I do hereby give to him; and such as shall be marked with the name of Jonathan Williams, I hereby give to my cousin of that name. The residue and remainder of all my books, manuscripts, and papers, I do give to my grandson, William Temple Franklin. My share in the Library Company of Philadelphia, I give to my grandson, Benjamin Franklin Bache, confiding that he will permit his brothers and sisters to share in the use of it.

I was born in Boston, New England, and owe my first instructions in literature to the free grammar-schools established there. I therefore give one hundred pounds sterling to my executors, to be by them, the survivors or survivor of them, paid over to the managers or directors of the free schools in my native town of Boston, to be by them, or those person or persons, who shall have the superintendence and management of the said schools, put out to interest, and so continued at interest for ever, which interest annually shall be laid out in silver medals, and given as honorary rewards annually by the directors of the said free schools, for the encouragement of scholarship in the said schools belonging to the said town, in such manner as to the discretion of the selectmen of the said town shall seem meet.*

Out of the salary that may remain due to me as President of the State, I do give the sum of two thousand pounds to my executors, to be by them, the survivors or survivor of them, paid over to such person or persons as the legislature of this State by an act of Assembly shall appoint to receive the same in trust, to be employed for making the river Schuylkill navigable.

And what money of mine shall, at the time of my decease, remain in the hands of my bankers, Messrs. Ferdinand Grand & Son, at Paris, or Messrs. Smith, Wright, & Gray, of London, I will that, after my debts are paid and deducted, with the money legacies of this my will, the same be divided into four equal parts, two of which I give to my dear daughter, Sarah Bache, one to her son Benjamin, and one to my grandson, William Temple Franklin.

During the number of years I was in business as a stationer, printer, and postmaster, a great many small sums became due

* This donation has been successfully applied. The fund now (1840) amounts to $1,000, which is invested in six per cent city stock. The interest is annually appropriated for purchasing medals, which are distributed in the schools. - EDITOR.

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