Unto his wife, he devises his grist-mill with the land attached thereto, for her use during her life, to be sold at her death, and the purchase money to be divided between his nephews and nieces.
Unto his wife, he devises his house and lots in the city of Washington. He likewise gives unto his wife, the negroes owned by him, with the request, however, that none of them should be sold without their consent, unless for misbehavior; except that infant children might be sold with their parents, who would consent for them.
All his personal estate of every description, ornamental, as well as useful, except as otherwise bequeathed, is given to his wife, together with all manuscript papers, with the statement that the testator has entire confidence in her discreet and proper use of them.
He suggests that the report made by him of the Convention at Philadelphia in 1787, would be particularly gratifying to the people of the United States and to all who take an interest in the progress of political science and the cause of true liberty. This report he desires to be published under the authority of his wife and by her direction; the proceeds to be paid out as follows: Two Thousand Dollars to Mr. Gurley, Secretary of the Colonization Society; Fifteen Hundred Dollars to the University of Virginia; One Thousand Dollars to the College of Nassau Hall at Princeton, New Jersey; and One Thousand Dollars to the College of Uniontown, Pennsylvania, for the benefit of their respective libraries. This fund is also to embrace a trust created for the education of the sons of two deceased nephews, Robert S. Madison and Ambrose Madison.
Unto the University of Virginia, the testator gives all that portion of his library which is not possessed by the University and which the board of visitors might deem worthy of a place therein, reserving, however, to his wife, the right to select such books and pamphlets as she should choose, not exceeding three hundred volumes.
To his brother-in-law, John C. Payne, he devises two hundred and forty acres of land on which the said John C. Payne was living.
Unto his stepson, John Payne Todd, he gives the case of medals presented by George W. Erving, and the walking staff made from a timber of the frigate, Constitution, which was presented to the testator by Commodore Elliot, her commander.
His mounted walking staff, bequeathed to the testator by Thomas Jefferson, he directs shall be delivered to Thomas J. Randolph.
There is a codicil to this will, wherein the testator directs that the proceeds of the sale of the grist-mill, upon the death of his wife, shall be paid to the American Colonization Society. The codicil is written with the hand of the testator.
Will of Chief Justice Marshall