“First. (1) I give all my real estate, wherever situated, excepting only my house and homestead estate in Concord, equally to my three children Edward Waldo Emerson, Ellen Tucker Emerson and Edith Emerson Forbes, wife of William Hathaway Forbes of Milton, and their heirs. But the pasture land and wood land in Concord is given, subject to certain rights reserved for the benefit of my wife and my daughter Ellen, as hereinafter named.
“(2) I give my library to my three children equally. All my manuscripts and unpublished writings I give to my three children and the survivors and survivor of them in joint tenancy.
“(3) The copyright and plates and ownership of all my published writings I give to my son Edward; and I also assign to him for his own benefit all my contracts for the publication of said writings.
“(4) I give to my daughter Edith the book of selections known in my family as the ‘Black Anthology;’ and to the five children of my daughter Edith I give as follows:—to Ralph my watch, to Edith my bronze image of Goethe, to Cameron the cane cut at the Grotto of Egeria and given to me by my valued friend, Judge Hoar, to John my cane of teak wood, and to Edward my small brass candle-sticks and Roman lamp.
“(5) To the oldest child of my son Edward I give my sole leather trunk.
“(6) I give to my son Edward the sum of thirteen hundred dollars ($1300) and to my daughter Ellen the sum of twenty-three hundred dollars ($2300). In naming these sums and in not here giving any sum to my daughter Edith I am influenced by the fact that I have heretofore made certain advancements to Edith and to Edward at the time when they were married.
“Second.—As to all the residue and remainder of my property of every kind whatever, I give it as follows:
“(1) In case my wife should survive me (a) I give to my daughter Ellen the sum of three thousand dollars ($3000); and while I do not in this place give a like sum to Edward and my daughter Edith, because the immediate enjoyment of the property is likely to be of less importance to them, I nevertheless direct that in the final division of my property the share of Ellen shall contribute to each of the shares of Edward and Edith the sum of one thousand dollars as of the date of the payment of this legacy to Ellen; and (b) all the rest of said residue I give to my son Edward to hold it during his mother’s lifetime in trust for her benefit, to keep the income-bearing part of the property well invested, to pay all taxes and to make all necessary or proper repairs, and to pay over the net income and proceeds of the property, quarterly or oftener as may be convenient to my wife, during her life. As to the house and homestead estate in Concord and all the furniture, plate, pictures and other articles of household use or ornament therein, except what is herein otherwise disposed of, the trustee is to take care that my wife has the full use and enjoyment thereof during her life, and he shall also provide wood for her use at the house from the Concord woodlots and pasturage on the Concord farm for the cows.
“(2) In case my wife should not survive me, and also in the event of her death, if she should survive me, I give all the said residue of my property not otherwise disposed of, as aforesaid, equally to my three children and their heirs, executors and administrators. But I qualify this division in two particulars: first, the share of my daughter Ellen shall contribute to the shares of Edward and Edith in case of the payment of said legacy of three thousand dollars ($3000); and second, in addition to her one-third of the said residue of my property, I direct that my daughter Ellen shall have the right, during her lifetime and free from all charge or payment therefor, to occupy my said house and homestead estate and to have, from my other land in Concord, wood for her use at the house and pasturage for her cows; and also that if she should prefer not to occupy said house she shall have the right to take for her use elsewhere and as her own property, such part as she may select of the furniture, plate, pictures and other articles of household use or ornament in my house, not herein otherwise disposed of.
“Third.—I appoint my friend James Elliot Cabot to be my literary executor, giving him authority, acting in cooperation with my children or the survivors or survivor of them, to publish or to withhold from publication any of my unpublished papers.