Last Will and Testament
From Thomas Jefferson Encyclopedia
Below is a transcription of Thomas Jefferson's last will and testament.
I, Thomas Jefferson of Monticello in Albemarle being of sound mind and my ordinary state of health make my last will and testament in manner and form as follows.
I give to my grand son Francis Eppes son of my dear deceased daughter Mary Eppes in fee simple all that part of my lands at Poplar Forest lying west of the following lines to-wit: Beginning at Radford's upper corner near the double branches of Bear Creek and the public road & running thence in a straight line to the fork of my private road near the barn thence along the private road (as it changed in 1817) to its crossing of the main branch of north Tomahawk creek and from then crossing in a direct line over the main ridge which devided the North and South Tomahawk to South Tomahawk and at the confluence of the two branches where the old road to the waterlick crossed it and from that confluence up the northernmost branch which separates McDaniel & Perrys field to its source & thence by the shortest line to my western boundary and having in a former correspondence with my deceased son in law John Eppes contemplated laying off for him with remainder to my grand son Francis a certain portion in the southern part of my lands in Bedford and Campbell which I afterwards found to be generally more indifferent than I had supposed I therefore determined to change its location for the better now to remove all doubt if any could arise on a purpose merely voluntary & unexecuted I hereby declare that where I have herein given to my sd grandson Francis is instead of and not additional to what I have formerly contemplated.
I subject all my other property to the payment of my debts in the first place considering the insolvent state of affairs friend and son in law Thomas Mann Randolph and that what will remain of my property will be the only resource against the want in which his family would otherwise be left, it must be his wish as it is my duty to guard that resource against all liability for his debts, engagements or purposes whatsoever, and to preclude the rights powers and authorities over it which might result to him by operation of law, and which might independantly of his will bring it in the power of his creditors, I do hereby devise and bequeath all the residue of my property real and personal, in possession or in action, whether held in my own right, or in that of my dear deceased wife, according to the powers vested in me by deed of settlement for that purpose to my grand son Thomas J. Randolph and my friends Nicholas P. Trist and Alex Garrett & their heirs during the life of my sd son in law Thomas M. Randolph, to be held & administered by them in trust, for the sole and separate use and behoof of my dear daughter Martha Randolph and heirs and aware of the nice and difficult distinctions of the law in these cases, I will further explain by saying that I understand and intend the effect of these limitation to be that legal estate and actual occupation shall be vested in my said trustees and held by them in base fee, determinable on the death of my sd son in law, and the remainder during the said time be vested in my sd daughter and her heirs, and of course disposable by her last will, and at the death of my sd son in law, the particular estate of sd trustees shall be determined and the remainder, in legal estate, possession and use use become vested in my sd daughter and her heirs, in absolute property forever.
In consequence of the variety and indescribableness of the articles of property within the house at Monticello, and the difficulty of inventorying and appraising them separately and specifically, and its inutility, I dispense with having them inventoryed and appraised, and it is my will that my Executors be not held to give any security for their administration of my estate. I appoint my grand son Thomas Jefferson Randolph my sole executor during his life and after his death, I constitute executors my friends Nicholas P. Trist and Alexander Garrett joining to them my daughter Martha Randolph after the death of my sd son in law Thomas M. Randolph.
Lastly I revoke all former wills by me heretofore made in Witness that this is my will I have written the whole with my own hand on two pages, and have subscribed my name to each of them this 16th day of March one Thousand eight hundred and twenty six. Th: Jefferson
I, Thomas Jefferson of Monticello in Albemarle make and add the following codicil to my will controling the same so far as it provisions go.
I recommend to my daughter Martha Randolph the maintenance and care of my well beloved sister Anna Scott Marks, and trust confidently that from affection to her as well as for my sake, she will never let her want a comfort.
I have made no specific provision for the comfortable maintenance of my son in law Thomas M. Randolph, because of the difficulty and uncertainty of devising terms which shall vest any beneficial interest in him which the law will not transfer to the benefit of his creditors to the destitution of my daughter and her family and disablement of her to supply him: whereas property placed under the executive right of my daughter and her independance will, as if she were a femme sole, considering the relations in which she shared both to him and his children will be a certain resource against want for all.
I give to my friend James Madison of Montpellier my gold mounted walking staff of animal horn as a token of the cordial and affectionate friendship which for nearly now a half century, has united us in the same principles and pursuits of what we have deemed for the greatest good of our country.
I give to the University of Virginia my library except such particular books only and of the same edition as it may already possess, when this legacy shall take effect. The rest of my said library remaining after those given to the University, shall have been taken out, I give to my two grandsons in law Nicholas P. Trist and Joseph Coolidge.
To my grandson Thomas Jefferson Randolph I give my silver watch in preference of the golden one, because of its superior excellence. My papers of business going of course to him as my executors all others of a literary or other character I give to him as of his own property. Th: Jefferson
I give a gold watch to each of my grand children who shall not have already received one from me to be purchased and delivered by executors to my grandson at the age of 21 and grand daughters at that of sixteen.
I give to my good affectionate and faithful servant Burwell his freedom and the sum of Three Hundred Dollars to buy necessaries to commence his trade of painter and glasier or to use otherwise as he pleases. I give also to my good servant John Hemings and Joe Fossett their freedom at the end of one year after my death and to each of them respectively all the tools of their respective shops or callings: and it is my will that a comfortable log house be built for each of the three servants so emancipated on some part of my lands convenient to them with respect to their wives, and Charlottesville and the University, where they be mostly employed, and reasonably convenient to the interest of the proprietor of the lands; of which houses I give the use of one with a curtilage of an acre to each, during his life or personal occupation thereof.
I give also to John Hemings the services of his two apprentices, Madison and Eston Hemings, until their respective ages of twenty-one years, at which period respectively, I give them their freedom. I humbly and earnestly request of the legislature of Virginia a confirmation of the bequest of freedom of these servants, with permission to remain in this state where their families and connections are, as an additional instance of the favor, of which I have received so many other manifestations, in the course of my life, and for which I now give them my last, solemn, and dutiful thanks.
In testimony that his is a codicil to my will of yesterdays date and that it is to modify so far the provisions of that will, I have written it all with my own hand, in two pages, to each of which I subscribe my name this 17th day of March one thousand eight hundred and twenty six. Th: Jefferson
At a court held for Albemarle County the 7th of August 1826. This instrument of writing purporting to be the last will and testament of Thomas Jefferson was produced into Court and hand writing of the testator proved by the oath of Valentine W. Southall and ordered to be recorded. Teste: Alexander Garrett CC
See Also
Further Sources
- Thomas Jefferson's copy of his last will and testament is located at the University of Virginia. A facsimile of the will appears in L&B, 19 (front papers). It is also recorded in the Albemarle County Will Book, 8:248-250.
