The Will of Samuel Appleton, with Remarks by One of the Executors
Date: 2010-08-06T00:00:00+00:00
Keywords: Wills -- Massachusetts; Appleton; Samuel; 1766-1853 -- Will; Appleton family

The Project Gutenberg eBook of The Will of Samuel Appleton, with Remarks by One of the Executors

This ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.

Title: The Will of Samuel Appleton, with Remarks by One of the Executors

Author: Samuel Appleton

Contributor: N. I. Bowditch

Release date: August 6, 2010 [eBook #33362]

Language: English

Credits: Produced by Jeannie Howse and Friend, and the Online
Distributed Proofreading Team at http://www.pgdp.net (This
file was produced from images generously made available
by The Internet Archive/American Libraries.)

*** START OF THE PROJECT GUTENBERG EBOOK THE WILL OF SAMUEL APPLETON, WITH REMARKS BY ONE OF THE EXECUTORS ***

THE

WILL

OF

SAMUEL APPLETON;

WITH

REMARKS

BY

ONE OF THE EXECUTORS.

BOSTON:
PRINTED BY JOHN WILSON & SON,
22, School Street.
1853.

REMARKS.

Samuel Appleton was born at New Ipswich, N.H., June 22, 1766, and died, without issue, at his residence in Boston, on Tuesday, July 12, 1853; having just entered on the eighty-eighth year of his age.

In November, 1819, he married Mrs. Mary Gore, who was much younger than himself. This union has been marked, on his side, by the most unvarying confidence and sincere affection. He has ever found his own delight in gratifying each wish of his wife with an almost boundless indulgence. And she—the brilliant and happy mistress of his hospitable mansion—has been alike admirable, when presiding over its social circle, or its more public gayeties; and when, in its private recesses, she has devoted herself to what she has ever felt to be her highest duty and her chief privilege,—that of guarding the declining years of her husband with the most kind and thoughtful care; cheering his pathway to the tomb by those considerate attentions, which, both in life and in death, he so gratefully appreciated and acknowledged.

On the last morning of his life, he enjoyed his usual health. During the day, however, he suffered pain and uneasiness, apparently the result of indigestion. Mrs. Appleton, therefore, remained constantly with him, but without feeling any serious apprehensions. He at length seemed to be entirely relieved by the means used, and said, "I will now try to go to sleep." In a few moments, Mrs. Appleton was alarmed by hearing him breathe once or twice much more loudly than usual. She ran to his bedside, and his favorite female attendant was immediately summoned. He was still lying in the same attitude of repose. The sleep that had fallen upon him so gently was the sleep of death!

This event at once called forth a universal and spontaneous expression of regard for the deceased from the community in which he had so long lived. It was unrestrained by any differences of political opinion or of religious sentiment. Thus, in the "Boston Post," the organ of the Democratic party of Boston, there appeared the following communication:—

"Samuel Appleton is dead! Never has there been summoned from among us a purer man or a more public-spirited citizen. Possessing strong natural sense and the most plain and unaffected manners, he was truly simple-hearted and noble-minded. There was nothing about him of ostentation or pretence. All his acts, during a long life, praise him. Beginning with humble prospects, by industry and intelligence he became one of our wealthiest merchants. As a country schoolmaster, during the winter months, he was once, when a young man, 'put up at auction, to be boarded out in the family that would consent to take him at the lowest rate.'[1] Latterly, for many years, probably not a day has passed without the performance of some deed of kindness great or small,—some act of public or private munificence; and each evening saw him sink to rest, happy in the consciousness that he had made others happy. In a notice of him, as a benefactor of one of our chief charitable institutions, published not long since, it is said: 'In advanced age, and unable to walk from his house, he continues in the highest and best sense to enjoy life. He has, indeed, no children; but a numerous band of nephews and nieces look up to him with truly filial regard. Indeed, the community itself ventures to apply to him their familiar and affectionate appellation of "Uncle Sam." This name, in the abstract so dear to every patriot, could not be more worthily bestowed.'[2] That life, so honorable and so useful, rendered sweet by the daily blessings of those whose necessities or sufferings have been relieved by his bounty, has been fitly closed by a calm and peaceful death."

Obituary notices of a like favorable character, and characteristic anecdotes, &c., were inserted in the "Daily Evening Transcript," the "Boston Courier," and the "Christian Register," and also in various other journals.

Public funeral services were held at the Stone Chapel, on Friday afternoon, at four o'clock. The Hon. Thomas H. Perkins, and a few other surviving contemporaries of the deceased, were present among the assemblage of relatives and friends by which the church was filled.

He was buried at Mount Auburn, in a lot which he had purchased many years ago, and on which he had erected a costly monument. Designing to embellish that field of the dead, he had authorized an artist in a foreign country to execute this work without regard to expense. When completed, it was not in accordance with the simple tastes of Mr. Appleton. He even desired that he might be buried in his tomb, under a church in Boston, rather than in the beautiful spot which he had thus selected and adorned. The existing ordinance of the city rendered it impossible to comply with this suggestion; and indeed it seemed to be, on other grounds, inexpedient.

At a stated quarterly meeting of the Trustees of the Massachusetts General Hospital, held on the same day, the following preamble and votes, as proposed by the Chairman, were unanimously adopted, viz.:—

"The funeral of the late Hon. Samuel Appleton takes place this afternoon; and the bells of the city are now tolling as a public expression of respect for one of its worthiest sons and its noblest benefactors, who, at the advanced age of eighty-seven years, has died universally beloved and regretted.

"Formerly a Trustee of this Institution, and ever cherishing a lively interest in its welfare, we are happy to acknowledge our indebtedness to him, alike for his valuable personal services, and for a large share of that bounty which he has always so wisely and so liberally bestowed.

"This Board would present to the widow of the deceased, by whose affectionate attentions and devoted care his life has been for so many years prolonged and rendered happy, the assurances of their profound sympathy, now that she has lost a companion and friend by whom she was most tenderly beloved.

"Voted, That this Board do now adjourn to attend the funeral of the deceased."

Mr. Appleton left a Will and Codicil, of which a few copies are printed for the use of his executors and legatees.

These documents were opened and read in the presence of the widow and some of the relatives, on Saturday, July 16; and the following anecdote was then related by one of the Executors:—

The late Isaac Appleton Jewett was a favorite nephew of the deceased, and, as such, had a bequest of $30,000, and was eventually to receive besides one-tenth part of the residuary property. He died in January last, leaving as his heir-at-law a half-sister, who, by the terms of the will, became entitled to these bequests. There was no blood-relationship between her and the Testator. A comparative stranger would thus be a larger legatee than any one of his own kindred. The Executor called Mr. Appleton's attention to this fact. His reply was: "I am much obliged for the suggestion: it was a proper one for you to make. I will consider, and let you know my decision to-morrow." The next day he said: "I have been thinking of what you mentioned to me; and if, in the other world, there is any knowledge of what is done in this, I should not like to have my nephew, whom I so loved and trusted, find that my first act, on learning his death, is the revocation or curtailment of a bequest made in his favor, and which, if he had survived me, would have eventually benefited her who was nearest and dearest to him. The will must stand as it is." This confirmation of a private bequest is no less honorable to the memory of Mr. Appleton, than are those other two provisions of his will by which he so bountifully remembers the servants of his household, and appropriates to public uses so large a part of his princely fortune.

N.I.B.

FOOTNOTES:

[1] "History of the Massachusetts Hospital," 1851.

[2] "History of the Massachusetts Hospital," 1851.

WILL OF SAMUEL APPLETON.

THE

LAST WILL AND TESTAMENT

OF

SAMUEL APPLETON.

Be it remembered, That I, Samuel Appleton, of Boston, in the County of Suffolk and State of Massachusetts, merchant, being of sound disposing mind and memory, and in good health, but aware of the uncertainty of life, and desirous of making a disposition of such property as I may leave at the time of my decease, do make, publish, and declare this my last Will and Testament, in manner and form following, to wit:—

To his wife, $122,000.

I give and bequeath to my beloved wife, Mary Appleton, one hundred and thirty thousand dollars, in the manner following, to wit:—

Viz. $100,000.

1st. The sum of one hundred thousand dollars in cash, to be paid to her by my executors.

House, 53, Beacon-street, at $14,000;

2d. My land and house in Beacon-street, Boston, numbered fifty-three, now occupied by Mrs. Goodwin, and valued by me at fourteen thousand dollars, to hold to her and her heirs.

And $6000 to put said House in order.

3d. The sum of six thousand dollars in cash to be paid to her by my executors for the purpose of putting said house in good order and condition.

Or the $20,000 in cash, if she prefers.

If, however, my wife do elect to accept the sum of twenty thousand dollars in cash, instead of said land and house in Beacon-street, and said six thousand dollars, then and in that case it is my will that the sum of twenty thousand dollars in cash be paid to her by my executors.

A clause revoked by the Codicil.

[4th. Any of the plate and furniture belonging to me at the time of my decease, at the appraised value thereof, to the amount of eight thousand dollars.]

Pew, horses, &c., shares in Athenæum, $2000.

5th. My pew in King's Chapel in Boston, numbered two; also two shares in the Boston Athenæum; also the horses and carriages belonging to me at the time of my decease,—all valued by me at two thousand dollars.

All in lieu of dower.

The provision thus made for my beloved wife is designed to be in full satisfaction of her right of dower, or thirds, in my estate.

To the children of Isaac Appleton, $60,000; viz.:—

I give and bequeath to the heirs of my brother Isaac Appleton, of Dublin, State of New Hampshire, the sum of sixty thousand dollars, to be distributed among them in the manner following, to wit:—

To Mrs. Todd, $3000;

1st. To Mrs. Sarah Todd, of Byron, State of New York, daughter of my brother Isaac Appleton, the sum of three thousand dollars.

And to each of her six children, $3000.

To the six children of the said Sarah Todd, grandchildren of my brother Isaac Appleton, the sum of three thousand dollars to each and every one of them.

To Mrs. Mary Davis, $3000;

2d. To Mrs. Mary Davis, of Lee County, State of Illinois, daughter of my brother Isaac Appleton, the sum of three thousand dollars.

And her son, $3000.

To Cyrus A. Davis, son of the said Mary Davis, grandson of my brother Isaac Appleton, the sum of three thousand dollars.

To Mrs. Kendall, $3000.

3d. To Mrs. Harriet G. Kendall, of Dublin, State of New Hampshire, daughter of my brother Isaac Appleton, the sum of three thousand dollars.

To her three children, each $3000.

To the three children[3] of the said Harriet G. Kendall, grandchildren of my brother Isaac Appleton, the sum of three thousand dollars to each and every one of them.

To David Appleton, $3000.

4th. To David Appleton, of Dublin, State of New Hampshire, son of my brother Isaac Appleton, the sum of three thousand dollars.

To Joseph's four children, each $3000; viz. Joseph B., Eugene, Mrs. Bagley, Mrs. Preston.

5th. To Joseph B. Appleton, of Lee County, State of Illinois; to Eugene Appleton; to Mrs. Celestia Bagley; to Mrs. Mary Preston; being the four children of Joseph Appleton deceased, and grandchildren of my brother Isaac Appleton,—the sum of three thousand dollars to each and every one of them.

To Mrs. Sarah Davis, $3000.

6th. To Mrs. Sarah Davis, of Ashby, State of Massachusetts, daughter of Mrs. Emily Eastabrooks deceased, and granddaughter of my brother Isaac Appleton, the sum of three thousand dollars.

To Mrs. Marr, $3000.

7th. To Mrs. Mary Jane Marr, of Scarboro', State of Maine, daughter of Samuel Appleton deceased, and granddaughter of my brother Isaac Appleton, the sum of three thousand dollars.

To the children of Dr. Moses Appleton, $60,000; viz.:

I give and bequeath to the four children of my late brother, Doctor Moses Appleton, of Waterville, State of Maine, the sum of sixty thousand dollars, to be distributed among them in the manner following, to wit:—

Samuel, $15,000.

1st. To Samuel Appleton, of Waterville, State of Maine, son of my late brother, Doctor Moses Appleton, the sum of fifteen thousand dollars.

Moses L., $15,000.

2d. To Moses L. Appleton, of Bangor, State of Maine, son of my late brother, Doctor Moses Appleton, the sum of fifteen thousand dollars.

Mrs. Wells, $15,000.

3d. To Mrs. Ann Louisa Wells, of Portland, State of Maine, daughter of my late brother, Dr. Moses Appleton, the sum of fifteen thousand dollars.

Mrs. Plaisted, $15,000.

4th. To Mrs. Mary Jane Plaisted, of Waterville, State of Maine, daughter of my late brother, Doctor Moses Appleton, the sum of fifteen thousand dollars.

To Eben Appleton's children, $60,000; viz.:—

I give and bequeath to the three children of my deceased brother Eben Appleton, the sum of sixty thousand dollars, to be distributed among them in the manner following, to wit:

S.A. Appleton, $25,000.

1st. To Samuel A. Appleton, of Boston, son of my deceased brother Eben Appleton, the sum of twenty-five thousand dollars.

Wm. S. Appleton, $25,000.

2d. To William S. Appleton, of Baltimore, State of Maryland, son of my deceased brother Eben Appleton, the sum of twenty-five thousand dollars.

Mrs. Blatchford, $10,000.

3d. To Mrs. Caroline F. Blatchford, of Auburn, State of New York, daughter of my deceased brother Eben Appleton, the sum of ten thousand dollars.

To the children of Nathan Appleton, $60,000; viz.:

I give and bequeath to the six children of my brother Nathan Appleton, of Boston, the sum of sixty thousand dollars, to be distributed among them in the manner following, to wit:—

Mrs. Mackintosh, $10,000.

1st. To Mrs. Mary Mackintosh, daughter of my brother Nathan Appleton, the sum of ten thousand dollars.

Mrs. Longfellow, $10,000.

2d. To Mrs. Fanny E. Longfellow, daughter of my brother Nathan Appleton, the sum of ten thousand dollars.

Thomas G., $10,000.

3d. To Thomas G. Appleton, son of my brother Nathan Appleton, the sum of ten thousand dollars.

Harriot, $10,000.

4th. To Harriot Appleton, daughter of my brother Nathan Appleton, the sum of ten thousand dollars.

William S., $10,000.

5th. To William S. Appleton, son of my brother Nathan Appleton, the sum of ten thousand dollars.

Nathan, $10,000.

6th. To Nathan Appleton, son of my brother Nathan Appleton, the sum of ten thousand dollars.

To Mrs. Barrett's children, $30,000, viz.:

I give and bequeath to the two children of my sister, Mary Barrett, of New Ipswich, State of New Hampshire, the sum of thirty thousand dollars, to be distributed between them in the manner following, to wit:—

Mrs. Bent, $15,000.

1st. To Mrs. Mary Narcissa Bent, daughter of my sister Mary Barrett, the sum of fifteen thousand dollars.

Mrs. Spalding, $15,000.

2d. To Mrs. Dora E. Spalding, daughter of my sister Mary Barrett, the sum of fifteen thousand dollars.

To Mrs. Jewett's son, Isaac A. Jewett, $30,000.

I give and bequeath to Isaac Appleton Jewett, son of my deceased sister Emily Jewett, the sum of thirty thousand dollars.

To Maria Goodwin, $7000.

I give and bequeath to Miss Maria Goodwin, niece of my beloved wife, who has for many years resided in my house as one of my family, the sum of seven thousand dollars.

Mrs. Goodwin, $1000.

I give and bequeath to Mrs. Maria Goodwin, sister of my beloved wife, the sum of one thousand dollars.

Mary Goodwin, $1000.

I give and bequeath to Miss Mary Goodwin, daughter of the said Mrs. Maria Goodwin, the sum of one thousand dollars.

Delia Goodwin, $1000.

I give and bequeath to Miss Delia Goodwin, daughter of the said Mrs. Maria Goodwin, the sum of one thousand dollars.

Rev. E. Peabody, $5000.

I give and bequeath to my friend and pastor, the Rev. Ephraim Peabody, of Boston, the sum of five thousand dollars.

The servants, $5000.

I give and bequeath to the servants who may be living with me at the time of my decease the sum of five thousand dollars, to be distributed among them in the manner and according to proportions fixed upon by my beloved wife.

To his Executors, $200,000 for public uses.

And I do also hereby give and bequeath to my executors hereinafter named—or such of them as shall accept the trust, the survivors or survivor of them, to be by them applied, disposed of, and distributed, for scientific, literary, religious, or charitable purposes—the following manufacturing stocks at their par value, estimated at two hundred thousand dollars, and situated as follows, to wit:—

1st. At Manchester, State of New Hampshire.

Fifty shares in the Amoskeag Manufacturing Company.
Forty shares in the Stark Mills.
Ten shares in the Manchester Print Works.

2d. At Lowell, State of Massachusetts.

Twenty shares in the Merrimac Manufacturing Company.
Twenty shares in the Appleton Manufacturing Company.
Twenty shares in the Hamilton Manufacturing Company.
Twenty shares in the Suffolk Manufacturing Company.
Twenty shares in the Massachusetts Cotton Mills.

My wishes in regard to the particular institutions or objects to which the aforesaid manufacturing stocks are to be applied, and also the time and mode of the application thereof, I intend to make known to my executors; and I feel sure that they will strictly comply with the same; and, in default of any such directions from me, I have confidence in their making such a disposition and distribution of said property as they will think would be most likely to meet my approbation.

Powers of sale, &c.

Estate to be settled in 2 years.

I hereby fully authorize and empower and direct my executors hereinafter named, or such of them as shall accept the trust, the survivors or survivor of them, or any administrator on my estate, to sell and convey at public auction, or by private sale, at such times and on such conditions as they shall judge best, any and all estate and property, real, personal, and mixed, of which I may die seized or possessed, saving and excepting only such as herein is specifically given to my beloved wife; and likewise the said land and house devised to my beloved wife, in case she shall elect not to take the same; and to make and deliver good and sufficient conveyances and transfers thereof; the purchasers to be in nowise bound to see to the appropriation of the purchase-money: it being my wish that my estate should be settled as soon as convenient after my decease, and, if practicable, within two years thereafter.

Residue to his nephews, nieces, &c. in sums corresponding to their specific bequests respectively.

If, after the conversion of the residue of my estate into money, and the payment of all my debts, and the distribution and payment of all the bequests in this my Will, contained in accordance with the foregoing dispositions, any residue should remain, it is my will that the amount of said residue be distributed among the children and grandchildren of my brother Isaac Appleton, and among the children of my late brother Doctor Moses Appleton, and among the children of my deceased brother Eben Appleton, and among the children of my brother Nathan Appleton, and among the children of my sister Mary Barrett, and of my deceased sister Emily Jewett, hereinbefore named, in proportions corresponding to the amounts or sums which said heirs are respectively entitled to receive by virtue of the original dispositions in this my Will.

No legacy to lapse by death of legatee.

If any of the legatees named in this Will should die in my lifetime, then and in that case, whatever is herein given to such legatee I give to and among those who at my decease may be heirs-at-law of such legatee by the Statute of Distributions of this Commonwealth, as to any real estate of which said legatee should then have died seized.

Liability of Executors.

I direct that my executors shall each be liable only for his own actual receipts and his own wilful defaults, and not the one for the other or others.

Executors named.

I appoint Nathan Appleton, William Appleton, Nathaniel Ingersoll Bowditch, and Isaac Appleton Jewett, to be the executors of this my last Will and Testament, hereby revoking all Wills by me heretofore made.

In witness whereof, I have hereunto set my hand and seal on this twenty-eighth day of February, in the year of our Lord one thousand eight hundred and fifty-one.

(Signed)

SAML. APPLETON [AND A SEAL].

Signed, sealed, published, and declared by said Testator to be his last Will and Testament, in presence of us, who, at his request, and in his presence, and in presence of each other, have hereunto set our names as witnesses.

JOSEPH TILDEN.
MOSES L. HALE.
FRANKLIN H. STORY.

FOOTNOTES:

[3] One of these children died before the Testator. The father, as his heir, is entitled to his share, by a subsequent provision of the Will.

CODICIL.

I, SAMUEL APPLETON, of Boston, in the County of Suffolk, and State of Massachusetts, merchant, having further considered my last Will and Testament, bearing date the twenty-eighth day of February, in the year of our Lord one thousand eight hundred and fifty-one, do think proper to make and publish the following as a Codicil thereunto.

Revokes a clause of the Will;

I do hereby revoke and cancel that clause in said last Will and Testament, giving unto my beloved wife "any of the plate and furniture belonging to me at the time of my decease, at the appraised value thereof, to the amount of eight thousand dollars;" and in lieu thereof I do make the following dispositions:—

And gives to widow his mansion-house, 37, Beacon-street,

I give and devise unto my beloved wife the dwelling-house, with the stables, lands, and appurtenances thereunto belonging, now occupied by me, being the dwelling-house numbered thirty-seven in Beacon-street, Boston, to have and to hold the same to her, her heirs and assigns for ever.

And all the plate, &c. therein.

And I do also give and bequeath unto my beloved wife all the plate, furniture, pictures, statuary, books, stores, and other household articles, belonging to me at the time of my decease; and it is my wish that no inventory be taken of the same.

Legatees may take property at appraisement, &c.

And it is also my wish that each and every of the legatees, in said last Will and Testament named, may, with the advice and consent of my executors, take, in lieu of the money to which they are entitled by said last Will and Testament, any of the property, left by me at the time of my decease, at the appraised value thereof.

Bonds of Executors to be only in a penalty adequate to protect creditors.

And I do also direct that the executors of my said last Will and Testament shall give bonds in such sum only as the Judge of Probate may consider sufficient for the payment of the amount of my debts.

In witness whereof, I have hereto set my hand and seal, this eighth day of October, in the year of our Lord one thousand eight hundred and fifty-two.

(Signed)

SAML. APPLETON [AND A SEAL].

Signed, sealed, published, and declared by said Testator to be a Codicil to his last Will and Testament, in presence of us, who, at his request, and in his presence, and in presence of each other, hereto set our names as witnesses.

JOSEPH TILDEN.
FRANKLIN H. STORY.
FRANCIS C. LOWELL.

RECAPITULATION.

RECAPITULATION.

To the widow (by the Will), $108,000 in personal property, and $14,000 in real estate; or all in personal property, at her option; and (by the Codicil), his mansion-house, and all in it; of the value of

$200,000

To the descendants of each of his four brothers (Isaac, Moses, Eben, and Nathan Appleton), $60,000. To the descendants of each of his two sisters (Mary Barrett and Emily Jewett), $30,000. In all

300,000

To Maria Goodwin, $7000; her mother and two sisters, $1000 each

10,000

To Rev. Ephraim Peabody, $5000; and to the servants in the family, $5000

10,000

To public uses

200,000

All the residue to the said descendants of his brothers and sisters, in sums corresponding to their respective specific bequests. The residuary legatees will be therefore entitled to claim in the following proportions, viz.:—

Isaac Apppleton's Descendants, $60,000 out of $300,000, or 1/5; viz.:—

1. Mrs. Sarah Todd, wife of James B. Todd, of Byron, N.Y., a legatee of $3000, has

1/100

2. Isaac A. Todd, of Byron, N.Y.

1/100

3. Mrs. Rachel D. Moore, wife of Tom Moore, of Medina, Michigan

1/100

4. Mrs. Emily A. Hall, wife of Alfred D. Hall, of Sheridan, Calhoun County, Michigan

1/100

5. Dr. Daniel Todd, of Canandaigua, Lenawee County, Michigan

1/100

6. Samuel A. Todd, a minor, of Byron, N.Y.

1/100

7. Francis James Todd, a minor, of Byron, N.Y.

1/100

8. Mrs. Mary Davis, now wife of Asa Holt, of Ashby, Mass.

1/100

9. Her son, Cyrus A. Davis, of Palestine Grove, Lee County, Illinois

1/100

10. Mrs. Harriet G. Kendall, wife of Rev. Henry A. Kendall, of Concord, N.H.

1/100

11. Her husband, as heir of a deceased daughter

1/100

12. Their minor son, Henry Kendall

1/100

13. Their minor son, Samuel Kendall

1/100

14. David Appleton, of Dublin, N.H.

1/100

15. Joseph B. Appleton, of Palestine Grove, Lee County, Illinois

1/100

16. Eugene F. Appleton, fifteen years old, of New Ipswich, N.H.

1/100

17. Mrs. Celestia Bagley, wife of Gilman Bagley, of Sharon, N.H.

1/100

18. Mrs. Mary Preston, wife of Edward F. Preston, of New Ipswich, N.H.

1/100

19. Mrs. Sarah Davis, wife of John U. Davis, of New Ipswich, N.H.

1/100

20. Mrs. Mary Jane Marr, wife of Dennis W. Marr, of Portland, Maine

1/100

Moses Appleton's Children, $60,000 out of $300,000, or 1/5; viz.:—

21. Samuel Appleton, of Waterville, Maine, a legatee of $15,000, has

1/20

22. Moses L. Appleton, of Bangor, Maine

1/20

23. Mrs. Ann Louisa Wells, wife of Hon. Samuel Wells, of Portland, Maine

1/20

24. Mrs. Mary Jane Plaisted, wife of Dr. Samuel Plaisted, of Waterville, Maine

1/20

Eben Appleton's Children, $60,000 out of $300,000, or 1/5; viz.:—

25. Samuel A. Appleton, of Boston, being a legatee of $25,000, has

1/12

26. William S. Appleton, of Baltimore, M.D.

1/12

27. Mrs. Caroline F. Blatchford, wife of Samuel Blatchford, of Auburn, N.Y., a legatee of $10,000

1/30

Nathan Appleton's Children, $60,000 out of $300,000, or 1/5; viz.:—

28. Mrs. Mary Mackintosh, wife of His Excellency Robert James Mackintosh, Governor of the Island of Antigua, &c. a legatee of $10,000, has

1/30

29. Mrs. Fanny E. Longfellow, wife of Prof. Henry W. Longfellow, of Cambridge, Mass.

1/30

30. Thomas G. Appleton, of Boston

1/30

31. Harriot Appleton, of Boston, a minor

1/30

32. William S. Appleton, of Boston, a minor

1/30

33. Nathan Appleton, of Boston, a minor

1/30

Mrs. Barrett's and Mrs. Jewett's Children, $60,000 out of $300,000, or 1/5; viz.:—

34. Mrs. Mary Narcissa Bent, wife of Samuel W. Bent, of Middlebury, Vt., a legatee of $15,000, has

1/20

35. Mrs. Dora E. Spalding, wife of Dr. Edward Spalding, of Nashua, N.H.

1/20

36. Isaac Appleton Jewett's half-sister and heir-at-law, Mrs. Harriet E. Ide, wife of Dr. William E. Ide, of Columbus, Ohio, a legatee of $30,000

1/10

*** END OF THE PROJECT GUTENBERG EBOOK THE WILL OF SAMUEL APPLETON, WITH REMARKS BY ONE OF THE EXECUTORS ***

Updated editions will replace the previous one—the old editions will be renamed.

Creating the works from print editions not protected by U.S. copyright law means that no one owns a United States copyright in these works, so the Foundation (and you!) can copy and distribute it in the United States without permission and without paying copyright royalties. Special rules, set forth in the General Terms of Use part of this license, apply to copying and distributing Project Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ concept and trademark. Project Gutenberg is a registered trademark, and may not be used if you charge for an eBook, except by following the terms of the trademark license, including paying royalties for use of the Project Gutenberg trademark. If you do not charge anything for copies of this eBook, complying with the trademark license is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. Project Gutenberg eBooks may be modified and printed and given away—you may do practically ANYTHING in the United States with eBooks not protected by U.S. copyright law. Redistribution is subject to the trademark license, especially commercial redistribution.

START: FULL LICENSE

THE FULL PROJECT GUTENBERG LICENSE

PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the free distribution of electronic works, by using or distributing this work (or any other work associated in any way with the phrase “Project Gutenberg”), you agree to comply with all the terms of the Full Project Gutenberg™ License available with this file or online at www.gutenberg.org/license.

Section 1. General Terms of Use and Redistributing Project Gutenberg™ electronic works

1.A. By reading or using any part of this Project Gutenberg™ electronic work, you indicate that you have read, understand, agree to and accept all the terms of this license and intellectual property (trademark/copyright) agreement. If you do not agree to abide by all the terms of this agreement, you must cease using and return or destroy all copies of Project Gutenberg™ electronic works in your possession. If you paid a fee for obtaining a copy of or access to a Project Gutenberg™ electronic work and you do not agree to be bound by the terms of this agreement, you may obtain a refund from the person or entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B. “Project Gutenberg” is a registered trademark. It may only be used on or associated in any way with an electronic work by people who agree to be bound by the terms of this agreement. There are a few things that you can do with most Project Gutenberg™ electronic works even without complying with the full terms of this agreement. See paragraph 1.C below. There are a lot of things you can do with Project Gutenberg™ electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg™ electronic works. See paragraph 1.E below.

1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation” or PGLAF), owns a compilation copyright in the collection of Project Gutenberg™ electronic works. Nearly all the individual works in the collection are in the public domain in the United States. If an individual work is unprotected by copyright law in the United States and you are located in the United States, we do not claim a right to prevent you from copying, distributing, performing, displaying or creating derivative works based on the work as long as all references to Project Gutenberg are removed. Of course, we hope that you will support the Project Gutenberg™ mission of promoting free access to electronic works by freely sharing Project Gutenberg™ works in compliance with the terms of this agreement for keeping the Project Gutenberg™ name associated with the work. You can easily comply with the terms of this agreement by keeping this work in the same format with its attached full Project Gutenberg™ License when you share it without charge with others.

1.D. The copyright laws of the place where you are located also govern what you can do with this work. Copyright laws in most countries are in a constant state of change. If you are outside the United States, check the laws of your country in addition to the terms of this agreement before downloading, copying, displaying, performing, distributing or creating derivative works based on this work or any other Project Gutenberg™ work. The Foundation makes no representations concerning the copyright status of any work in any country other than the United States.

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other immediate access to, the full Project Gutenberg™ License must appear prominently whenever any copy of a Project Gutenberg™ work (any work on which the phrase “Project Gutenberg” appears, or with which the phrase “Project Gutenberg” is associated) is accessed, displayed, performed, viewed, copied or distributed:

This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.

1.E.2. If an individual Project Gutenberg™ electronic work is derived from texts not protected by U.S. copyright law (does not contain a notice indicating that it is posted with permission of the copyright holder), the work can be copied and distributed to anyone in the United States without paying any fees or charges. If you are redistributing or providing access to a work with the phrase “Project Gutenberg” associated with or appearing on the work, you must comply either with the requirements of paragraphs 1.E.1 through 1.E.7 or obtain permission for the use of the work and the Project Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is posted with the permission of the copyright holder, your use and distribution must comply with both paragraphs 1.E.1 through 1.E.7 and any additional terms imposed by the copyright holder. Additional terms will be linked to the Project Gutenberg™ License for all works posted with the permission of the copyright holder found at the beginning of this work.

1.E.4. Do not unlink or detach or remove the full Project Gutenberg™ License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg™.

1.E.5. Do not copy, display, perform, distribute or redistribute this electronic work, or any part of this electronic work, without prominently displaying the sentence set forth in paragraph 1.E.1 with active links or immediate access to the full terms of the Project Gutenberg™ License.

1.E.6. You may convert to and distribute this work in any binary, compressed, marked up, nonproprietary or proprietary form, including any word processing or hypertext form. However, if you provide access to or distribute copies of a Project Gutenberg™ work in a format other than “Plain Vanilla ASCII” or other format used in the official version posted on the official Project Gutenberg™ website (www.gutenberg.org), you must, at no additional cost, fee or expense to the user, provide a copy, a means of exporting a copy, or a means of obtaining a copy upon request, of the work in its original “Plain Vanilla ASCII” or other form. Any alternate format must include the full Project Gutenberg™ License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying, performing, copying or distributing any Project Gutenberg™ works unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or providing access to or distributing Project Gutenberg™ electronic works provided that:

- • You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg™ works calculated using the method you already use to calculate your applicable taxes. The fee is owed to the owner of the Project Gutenberg™ trademark, but he has agreed to donate royalties under this paragraph to the Project Gutenberg Literary Archive Foundation. Royalty payments must be paid within 60 days following each date on which you prepare (or are legally required to prepare) your periodic tax returns. Royalty payments should be clearly marked as such and sent to the Project Gutenberg Literary Archive Foundation at the address specified in Section 4, “Information about donations to the Project Gutenberg Literary Archive Foundation.”

- • You provide a full refund of any money paid by a user who notifies you in writing (or by e-mail) within 30 days of receipt that s/he does not agree to the terms of the full Project Gutenberg™ License. You must require such a user to return or destroy all copies of the works possessed in a physical medium and discontinue all use of and all access to other copies of Project Gutenberg™ works.

- • You provide, in accordance with paragraph 1.F.3, a full refund of any money paid for a work or a replacement copy, if a defect in the electronic work is discovered and reported to you within 90 days of receipt of the work.

- • You comply with all other terms of this agreement for free distribution of Project Gutenberg™ works.

1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™ electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from the Project Gutenberg Literary Archive Foundation, the manager of the Project Gutenberg™ trademark. Contact the Foundation as set forth in Section 3 below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend considerable effort to identify, do copyright research on, transcribe and proofread works not protected by U.S. copyright law in creating the Project Gutenberg™ collection. Despite these efforts, Project Gutenberg™ electronic works, and the medium on which they may be stored, may contain “Defects,” such as, but not limited to, incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right of Replacement or Refund” described in paragraph 1.F.3, the Project Gutenberg Literary Archive Foundation, the owner of the Project Gutenberg™ trademark, and any other party distributing a Project Gutenberg™ electronic work under this agreement, disclaim all liability to you for damages, costs and expenses, including legal fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a defect in this electronic work within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending a written explanation to the person you received the work from. If you received the work on a physical medium, you must return the medium with your written explanation. The person or entity that provided you with the defective work may elect to provide a replacement copy in lieu of a refund. If you received the work electronically, the person or entity providing it to you may choose to give you a second opportunity to receive the work electronically in lieu of a refund. If the second copy is also defective, you may demand a refund in writing without further opportunities to fix the problem.

1.F.4. Except for the limited right of replacement or refund set forth in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied warranties or the exclusion or limitation of certain types of damages. If any disclaimer or limitation set forth in this agreement violates the law of the state applicable to this agreement, the agreement shall be interpreted to make the maximum disclaimer or limitation permitted by the applicable state law. The invalidity or unenforceability of any provision of this agreement shall not void the remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the trademark owner, any agent or employee of the Foundation, anyone providing copies of Project Gutenberg™ electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg™ electronic works, harmless from all liability, costs and expenses, including legal fees, that arise directly or indirectly from any of the following which you do or cause to occur: (a) distribution of this or any Project Gutenberg™ work, (b) alteration, modification, or additions or deletions to any Project Gutenberg™ work, and (c) any Defect you cause.

Section 2. Information about the Mission of Project Gutenberg™

Project Gutenberg™ is synonymous with the free distribution of electronic works in formats readable by the widest variety of computers including obsolete, old, middle-aged and new computers. It exists because of the efforts of hundreds of volunteers and donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the assistance they need are critical to reaching Project Gutenberg™’s goals and ensuring that the Project Gutenberg™ collection will remain freely available for generations to come. In 2001, the Project Gutenberg Literary Archive Foundation was created to provide a secure and permanent future for Project Gutenberg™ and future generations. To learn more about the Project Gutenberg Literary Archive Foundation and how your efforts and donations can help, see Sections 3 and 4 and the Foundation information page at www.gutenberg.org.

Section 3. Information about the Project Gutenberg Literary Archive Foundation

The Project Gutenberg Literary Archive Foundation is a non-profit 501(c)(3) educational corporation organized under the laws of the state of Mississippi and granted tax exempt status by the Internal Revenue Service. The Foundation’s EIN or federal tax identification number is 64-6221541. Contributions to the Project Gutenberg Literary Archive Foundation are tax deductible to the full extent permitted by U.S. federal laws and your state’s laws.

The Foundation’s business office is located at 809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up to date contact information can be found at the Foundation’s website and official page at www.gutenberg.org/contact

Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation

Project Gutenberg™ depends upon and cannot survive without widespread public support and donations to carry out its mission of increasing the number of public domain and licensed works that can be freely distributed in machine-readable form accessible by the widest array of equipment including outdated equipment. Many small donations ($1 to $5,000) are particularly important to maintaining tax exempt status with the IRS.

The Foundation is committed to complying with the laws regulating charities and charitable donations in all 50 states of the United States. Compliance requirements are not uniform and it takes a considerable effort, much paperwork and many fees to meet and keep up with these requirements. We do not solicit donations in locations where we have not received written confirmation of compliance. To SEND DONATIONS or determine the status of compliance for any particular state visit www.gutenberg.org/donate.

While we cannot and do not solicit contributions from states where we have not met the solicitation requirements, we know of no prohibition against accepting unsolicited donations from donors in such states who approach us with offers to donate.

International donations are gratefully accepted, but we cannot make any statements concerning tax treatment of donations received from outside the United States. U.S. laws alone swamp our small staff.

Please check the Project Gutenberg web pages for current donation methods and addresses. Donations are accepted in a number of other ways including checks, online payments and credit card donations. To donate, please visit: www.gutenberg.org/donate.

Section 5. General Information About Project Gutenberg™ electronic works

Professor Michael S. Hart was the originator of the Project Gutenberg™ concept of a library of electronic works that could be freely shared with anyone. For forty years, he produced and distributed Project Gutenberg™ eBooks with only a loose network of volunteer support.

Project Gutenberg™ eBooks are often created from several printed editions, all of which are confirmed as not protected by copyright in the U.S. unless a copyright notice is included. Thus, we do not necessarily keep eBooks in compliance with any particular paper edition.

Most people start at our website which has the main PG search facility: www.gutenberg.org.

This website includes information about Project Gutenberg™, including how to make donations to the Project Gutenberg Literary Archive Foundation, how to help produce our new eBooks, and how to subscribe to our email newsletter to hear about new eBooks.

Table of Contents

- WILL

- SAMUEL APPLETON;

- REMARKS

- ONE OF THE EXECUTORS.

- REMARKS.

- FOOTNOTES:

- WILL OF SAMUEL APPLETON.

- THE

- LAST WILL AND TESTAMENT

- OF

- SAMUEL APPLETON.

- FOOTNOTES:

- CODICIL.

- RECAPITULATION.

- RECAPITULATION.

- THE FULL PROJECT GUTENBERG LICENSE