University of Virginia Library

MADISON'S WILL.[159]

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.

I, James Madison do annex this Codicil to my last will—
as above & to be taken as part thereof. It is my will that
the nine thousand dollars to be paid by my wife and distributed
among my nephews & Nieces, may be paid into the Bank of
Virginia, or into the Circuit Superior Court of Chancery for
Orange, within three years after my death.

I direct that the proceeds from the sale of my Grist Mill &
the land annexed sold at the death of my wife shall be paid
to Ralph Randolph Gurly, secretary of the American Colonization
society and to his executors & administrators, in trust
and for the purposes of the said society, whether the same
be incorporated by law or not.

This Codicil is written wholly by and signed by my own
hand this nineteenth day of April 1835.    James Madison.

At a monthly Court held for the county of Orange at the
Courthouse on Monday the 25th of July, 1836, This last Will
and testament of James Madison deceased, with the codicil
thereto being offered for probate by Dolly P. Madison, the
will was duly proved by the oaths of Robert Taylor, Reuben
Newman Sr., and Sims Brockman, attesting witnesses thereto
and there being no subscribing witnesses to the codicil, Robert
Taylor William Madison and Reynolds Chapman were sworn
severally and deposed that they were well acquainted with the
hand writing of the said James Madison, deceased, and verily
believed that the said codicil and the name of the said James
Madison thereto affixed were wholly written by the testator,
whereupon the said Will with the Codicil thereto was established
as the last Will and Testament of the said James
Madison, deceased, and ordered to be recorded. And on the
motion of Dolly P. Madison the executrix named in the will,
who made oath according to law and entered into bond
without security, (the will directing that none should be
required) in the penalty of one hundred thousand dollars
conditioned as the law directs—Certificate was granted her for
obtaining a probate thereof in due form.