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The Last Will and Testament of Benjamin Franklin
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 forever. I also give to him all my books and papers, which he
has in his possession, and all debts standing against him on my account books, 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 ones
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 belonging; also my small lot and house 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-place,
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 to all
children already born, or to be born of my said daughter, and to their heirs and assigns
forever, 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 or
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 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
forever; I also give him the bond I have against him, of two thousand and 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,
canceled, 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, except the bond due from ----- Killian, of Delaware State, which I give to my
grandson, Benjamin Franklin Bache. I also discharge him, my said son-in-law, from all
claim and rent of 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 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, nor 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 interests 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 the 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 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 to 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 forever. 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 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
great-grandchildren 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 great-grandchildren 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 foundry, which, in the whole, I
suppose to be worth near one thousand pounds; but if he should die under age,
then I do order the same to be sold by my executors, the survivors or survivor of them,
and the moneys 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
them 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 honour to be President. My collection in folio of "Les Arts et les
Metiers," 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 Metiers," I give
to the Library Company of Philadelphia. Such and so many of my books as I shall mark on my
said catalogue with the name of my grandson, Benjamin Franklin Bache, I do
hereby 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
by those person or persons, who shall have the superintendance and management of the said
schools, put out to interest, and so continued at interest forever, which interest
annually shall be laid out in silver medals, and given as honorary rewards annually by the
directors of the said free 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 sterling 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 and Son, at Paris, or Messrs. Smith, Wright, and 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 for books, advertisements, postage of letters, and
other matters, which were not collected when, in 1757, I was sent by the
Assembly to England as their agent, and by subsequent appointments continued there till
1775, when on my return, I was immediately engaged in the affairs of Congress, and sent to
France in 1776, where I remained nine years, not returning till
1785, and the said debts, not being demanded in such a length of time, are become in a
manner obsolete, yet are nevertheless justly due. These, as they are stated in my great
folio ledger E, I bequeath to the contributors to the Pennsylvania Hospital, hoping that
those debtors, and the descendants of such as are deceased, who now, as I find, make some
difficulty of satisfying such antiquated demands as just debts, may, however, be induced
to pay or give them as charity to that excellent institution. I am sensible that much must
inevitably be lost, but I hope something considerable may be recovered. It is possible,
too, that some of the parties charged may have existing old, unsettled accounts against
me; in which case the managers of the said hospital will allow and deduct the amount, or
pay the balance if they find it against me.
My debts and legacies being all satisfied and paid, the rest and residue of all my estate,
real and personal, not herein expressly disposed of, I do give and bequeath to my son and
daughter, Richard and Sarah Bache.
I request my friends, Henry Hill, Esquire, John Jay, Esquire, Francis Hopkinson, Esquire,
and Mr. Edward Duffield, of Benfield, in Philadelphia County, to be the executors of this
my last will and testament; and I hereby nominate and appoint them
for that purpose.
I would have my body buried with as little expense or ceremony as may be. I revoke all
former wills by me made, declaring this
only to be my last.
In witness thereof, I have hereunto set my hand and seal, this seventeenth day of July, in
the year of our Lord, one thousand seven hundred and eighty-eight.
B. Franklin
Signed, sealed, published, and declared by the above named Benjamin Franklin, for and as
his last will and testament, in the
presence of us.
Abraham Shoemaker, John Jones, George Moore.
CODICIL
I, Benjamin Franklin, in the foregoing or annexed last will and testament named, having
further considered the same, do think proper to make and publish the following codicil or
addition thereto.
It having long been a fixed political opinion of mine, that in a democratical state there
ought to be no offices of profit, for the reasons I had given in an article of my drawing
in our constitution, it was my intention when I accepted the office of President,
to devote the appointed salary to some public uses. Accordingly, I had already, before I
made my will in July last, given large sums of it to colleges, schools, building of
churches, etc.; and in that will I bequeathed two thousand pounds more to the State
for the purpose of making the Schuylkill navigable. But understanding since that such a
work, and that the project is not likely to be undertaken for many years to come, and
having entertained another idea, that I hope may be more extensively useful, I do
hereby revoke and annul that bequest, and direct that the certificates I have for what
remains due to me of that salary be sold, towards raising the sum of two thousand pounds
sterling, to be disposed of as I am now about to order.
It has been an opinion, that he who receives an estate from his ancestors is under some
kind of obligation to transmit the same to their posterity. This obligation does not lie
on me, who never inherited a shilling from any ancestor or relation. I shall, however, if
it is not diminished by some accident before my death, leave a considerable estate among
my descendants and relations. The above observation is made as merely as some apology to
my family for making bequests that do not appear to have any immediate relation to their
advantage.
I was born in Boston, New England, and owe my first instructions in literature to the free
grammar schools established there. I have, therefore, already considered these schools in
my will. But I am also under obligations to the State of Massachusetts for
having, unasked, appointed me formerly their agent in England, with a handsome salary,
which continued some years; and although I accidentally lost in their service, by
transmitting Governor Hutchinson's letters, much more that the amount of what
they gave me, I do not think that ought in the least to diminish my gratitude.
I have considered that, among artisans, good apprentices are most likely to make good
citizens, and, having myself been bred to a manual art, printing, in my native town, and
afterwards assisted to set up my business in Philadelphia by kind loans of money from two
friends there, which was the foundation of my fortune, and all the utility in life that
may be ascribed to me, I wish to be useful even after my death, if possible, in forming
and advancing other young men, that may be serviceable to their
country in both these towns. To this end, I devote two thousand pounds sterling, of which
I give one thousand thereof to the inhabitants of the town of Boston, in Massachusetts,
and the other thousand to the inhabitants of the city of Philadelphia, in
trust, to and for the uses, intents, and purposes herein after mentioned and declared.
The said sum of one thousand pounds sterling, if accepted by the inhabitants of the town
of Boston, shall be managed under the direction of the selectmen, united with the
ministers of the oldest Episcopalians, Congregational, and Presbyterian churches in that
town, who are to let out the sum upon interest, at five per cent, per annum, to such young
married artificers, under the age of twenty-five years, as have served an apprenticeship
in the said town, and faithfully fulfilled the duties required in their indentures, so as
to obtain a good moral character from at least two respectable citizens, who are willing
to become their
sureties, in a bond with the applicants, for the repayment of the moneys so lent, with
interest, according to the terms hereinafter prescribed; all which bonds are to be taken
for Spanish milled dollars, or the value thereof in current gold coin; and the managers
shall keep a bound book or books, wherein shall be entered the names of those who shall
apply for and receive the benefits of this institution, and of their sureties, together
with the sums lent, the dates, and other necessary and proper records respecting the
business and concerns of this institution. And as these loans are intended to assist young
married artificers in setting up their business, they are to be proportioned by the
discretion of the managers, so as not to exceed sixty pounds sterling to one person, nor
to be less than fifteen pounds; and if the number of appliers so entitled should be so
large as that the sum will not suffice to afford to each as much as might otherwise not be
improper, the proportion to each shall be diminished so as to afford to every one some
assistance. These aids may, therefore, be small at first, but, as the capital increases by
the accumulated interest, they will be more ample. And in order to serve as many as
possible in their turn, as well as to make the repayment of the principal borrowed more
easy, each borrower shall be obliged to pay, with the yearly interest, one tenth part
of the principal and interest, so paid in, shall be again let out to fresh borrowers.
And, as it is presumed that there will always be found in Boston virtuous and benevolent
citizens, willing to bestow a part of their time in doing good to the rising generation,
by superintending and managing this institution gratis, it is hoped that no part of the
money will at any time be dead, or be diverted to other purposes, but be continually
augmenting by the interest; in which case there may, in time, be more that the occasions
in Boston shall require, and then some may be spared to the neighbouring or other towns in
the said State of Massachusetts, who may desire to have it; such towns engaging to pay
punctually the interest
and the portions of the principal, annually, to the inhabitants of the town of Boston.
If this plan is executed, and succeeds as projected without interruption for one hundred
years, the sum will then be one hundred and thirty-one thousand pounds; of which I would
have the managers of the donation to the town of Boston then lay out, at
their discretion, one hundred thousand pounds in public works, which may be judged of most
general utility to the inhabitants, such as fortifications, bridges, aqueducts, public
buildings, baths, pavements, or whatever may make living in the town more convenient to
its people, and render it more agreeable to strangers resorting thither for health or a
temporary residence. The remaining thirty-one thousand pounds I would have continued to be
let out on interest, in the manner above directed, for
another hundred years, as I hope it will have been found that the institution has had a
good effect on the conduct of youth, and been of service to many worthy characters and
useful citizens. At the end of this second term, if no unfortunate accident has
prevented the operation, the sum will be four millions and sixty one thousand pounds
sterling, of which I leave one million sixty one thousand pounds to the disposition of the
inhabitants of the town of Boston, and three millions to the disposition of the
government of the state, not presuming to carry my views farther.
All the directions herein given, respecting the disposition and management of the donation
to the inhabitants of Boston, I would have observed respecting that to the inhabitants of
Philadelphia, only, as Philadelphia is incorporated, I request the corporation of that
city to undertake the management agreeably to the said directions; and I do hereby vest
them with full and ample powers
for that purpose. And, having considered that the covering a ground plot with buildings
and pavements, which carry off most of the rain and prevent its soaking into the Earth and
renewing and purifying the Springs, whence the water of wells must gradually grow worse,
and in time be unfit for use, as I find has happened in all old cities, I recommend that
at the end of the first hundred
years, if not done before, the corporation of the city Employ a part of the hundred
thousand pounds in bringing, by pipes, the water of Wissahickon Creek into the town, so as
to supply the inhabitants, which I apprehend may be done without great difficulty, the
level of the creek being much above that of the city, and may be made higher by a dam. I
also recommend making the Schuylkill completely navigable. At the end of the second
hundred years, I would have the disposition of the four million and
sixty one thousand pounds divided between the inhabitants of the city of Philadelphia and
the government of Pennsylvania, in the same manner as herein directed with respect to that
of the inhabitants of Boston and the government of Massachusetts.
It is my desire that this institution should take place and begin to operate within one
year after my decease, for which purpose due notice should be publickly given previous to
the expiration of that year, that those for whose benefit this establishment is intended
may make their respective applications. And I hereby direct my executors, the survivors or
survivor of them, within six months after my decease, to pay over the sum of two thousand
pounds sterling to such persons as shall be duly appointed by the Selectmen of Boston and
the corporation of Philadelphia, to receive and take charge of their respective sums, of
one thousand pounds each, for the purposes aforesaid.
Considering the accidents to which all human affairs and projects are subject in such a
length of time, I have, perhaps, too much flattered myself with a vain fancy that these
dispositions, if carried into execution, will be continued without interruption and
have the effects proposed. I hope, however, that is the inhabitants of the two cities
should not think fit to undertake the execution, they will, at least, accept the offer of
these donations as a mark of my good will, a token of my gratitude, and a testimony of my
earnest desire to be useful to them after my departure.
I wish, indeed, that they may both undertake to endeavour the execution of the project,
because I think that, though unforeseen difficulties may arise, expedients will be found
to remove them, and the scheme be found practicable. If one of them accepts the money,
with the conditions, and the other refuses, my will then is, that both Sums be given to
the inhabitants of the city accepting the whole, to be applied to the same purposes, and
under the same regulations directed for the separate parts; and, if both refuse, the money
of course remains in the mass of my Estate, and is to be disposed of therewith according
to my will made the Seventeenth day of July, 1788.
I wish to be buried by the side of my wife, if it may be, and that a marble stone, to be
made by Chambers, six feet long, four feet wide, plain, with only a small moulding round
the upper edge, and this inscription:
Benjamin And Deborah Franklin 178-
to be placed over us both. My fine crab-tree walking stick, with a gold head curiously
wrought in the form of the cap of liberty, I give to my friend, and the friend of mankind,
General Washington. If it were a Sceptre, he has merited it, and would become
it. It was a present to me from that excellent woman, Madame de Forbach, the dowager
Duchess of Deux-Ponts, connected with some verses which should go with it. I give my gold
watch to my son-in-law Richard Bache, and also the gold watch chain of the Thirteen United
States, which I have not yet worn. My timepiece, that stands in my library, I give to my
grandson, William Temple Franklin. I give him also my Chinese gong. To my dear old friend,
Mrs. Mary Hewson, I give one of my silver tankards marked for her use during her life, and
after her decease I give it to her daughter Eliza. I give to her son, William Hewson, who
is my godson, my new quarto Bible, and also the botanic description of the plants in the
Emperor's garden at Vienna, in folio, with coloured cuts.
And to her son, Thomas Hewson, I give a set of "Spectators, Tattlers, and
Guardians" handsomely bound.
There is an error in my will, where the bond of William Temple Franklin is mentioned as
being four thousand pounds sterling, whereas it is but for three thousand five hundred
pounds.
I give to my executors, to be divided equally among those that act, the sum of sixty
pounds sterling, as some compensation for their trouble in the execution of my will; and I
request my friend, Mr. Duffield, to accept moreover my French wayweiser, a piece of
clockwork in Brass, to be fixed to the wheel of any carriage; and that my friend, Mr.
Hill, may also accept my silver cream pot, formerly given to me by the good Doctor
Fothergill, with the motto, Keep bright the Chain. My reflecting telescope, made by Short,
which was formerly Mr. Canton's, I give to my friend, Mr. David Rittenhouse, for the use
of his observatory.
My picture, drawn by Martin, in 1767, I give to the Supreme Executive Council of
Pennsylvania, if they shall be pleased to do me the honour of accepting it and placing it
in their chamber. Since my will was made I have bought some more city lots, near
the centre part of the estate of Joseph Dean. I would have them go with the other lots,
disposed of in my will, and I do give the same to my Son-in-law, Richard Bache, to
his heirs and assigns forever.
In addition to the annuity left to my sister in my will, of fifty pounds sterling during
her life, I now add thereto ten pounds sterling more, in order to make the Sum sixty
pounds. I give twenty guineas to my good friend and physician, Dr. John Jones.
With regard to the separate bequests made to my daughter Sarah in my will, my intention
is, that the same shall be for her sole and separate use, notwithstanding her coverture,
or whether she be covert or sole; and I do give my executors so much right and power
therein as may be necessary to render my intention effectual in that respect only. This
provision for my daughter is not made out of any disrespect I have for her husband.
And lastly, it is my desire that this, my present codicil, be annexed to, and considered
as part of, my last will and testament to all intents and purposes.
In witness whereof, I have hereunto set my hand and Seal this twenty-third day of June,
Anno Domini one thousand Seven hundred and eighty nine.
B. Franklin.
Signed, sealed, published, and declared by the above named Benjamin Franklin to be a
codicil to his last will and testament, in the presence of us.
Francis Bailey, Thomas Lang, Abraham Shoemaker.
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