“I give to my grandson Harry Clay, son of James B. Clay my Scotch pebble seal which has on it the initials of my name.”
Will of Samuel L. Clemens (Mark Twain)
Samuel L. Clemens died April 21, 1910; his will is dated August 17, 1909. He directs the payment of his just debts and obligations, and his funeral expenses. Article Second reads:
“I give and bequeath to my daughter Clara Langdon Clemens, her heirs, executors, administrators and assigns absolutely, five per cent (5%) of any and all moneys which at the time of my death, may be on deposit to my credit, and subject to withdrawal on demand in any bank or trust company, or in any banking institution.”
Article Third is identical, except his daughter Jean Lampton Clemens is named.
Article Fourth provides that all the rest, residue and remainder of the estate shall vest in three trustees for certain trust purposes. The Executors and Trustees named are Jervis Langdon, of Elmira, New York, Edward E. Loomis and Zoheth S. Freeman, both of New York City, and no bond is to be required of them as Executors or Trustees.
The residuary estate is divided into two equal parts for the benefit of the daughters, they to receive respectively, one-half of the income as long as they live: each daughter is given the right to dispose of her part of the estate, but failing to do so, and leaving issue, then such issue to take the mother’s share: but either dying without issue surviving, without leaving a last will, then that share to be held by the trustees for the other daughter: and should either daughter become entitled to the whole estate by the death of the other, then the trustees, at her death, are to convey the whole trust estate to such persons as she may by will direct, but in the event the estate is not disposed of by will, then the trustees are to convey it to the next of kin of the surviving daughter.
Each executor and trustee is given one vote in determining questions of administration, and full power is given them in the management, control and disposition of the estate.
The last article of the will reads in part as follows:
“As I have expressed to my daughter Clara Langdon Clemens, and to my Associate, Albert Bigelow Paine, my ideas and desires regarding the administration of my literary productions, and as they are especially familiar with my wishes in that respect, I request that my executors and trustees above named confer and advise with my said daughter Clara Langdon Clemens, and the said Albert Bigelow Paine, as to all matters relating in any way to the control, management and disposition of my literary productions, published and unpublished, and all my literary articles and memoranda of every kind and description, and generally as to all matters which pertain to copyrights and such other literary property as I may leave at the time of my decease.”