The will of the great expounder of the Constitution of the United States is on file in Richmond, Virginia. Included in its provisions is the forest home of Lord Fairfax, Greenway Court, that George Washington surveyed, and where he was frequently a guest. The Chief Justice bought a portion of this land, and received the rest as a fee for arranging the disputed questions between the State of Virginia and the heirs of Lord Fairfax.
The will is dated April 9, 1832, and has five codicils, the last written a short time before his death. The will begins:
“I, John Marshall, do make this my last will and testament entirely in my own handwriting this ninth day of April, 1832. I owe nothing on my own account.”
He mentions a suit for some property he had purchased, and some paper he was on, as surety for a friend. The suit mentioned in the will was one that was not settled until forty years after his decease, and his heirs were so numerous at that time that each received only eleven dollars out of a considerable sum.
The estate is divided equally between an only daughter and five sons, the wife having predeceased him. The share of the daughter is left in trust, and the testator states that common prudence dictates that a daughter should be protected from distress whatever casualties might happen.
His great affection for his wife is evidenced throughout the instrument. In carrying out some of her wishes, he spoke of her as one “whose sainted spirit has fled from the sufferings inflicted on her in this life.” He also requests his daughter to remember that the departed wife “was the most affectionate of mothers.” Accompanying the will was a beautiful eulogy to his wife, which he had written on the first anniversary of her death.
To each of his grandsons named John he gave one thousand acres of land.
The will concludes with the statement that, having prior to that time appointed his sons and son-in-law executors, but fearing so many executors would produce confusion in the management of the estate, he selected for this duty only one, namely, James Keith Marshall, directing that no surety be required of him as such, and allowing him a thousand dollars for his care and pains.
The favorite servant Robin it was directed should be emancipated, and if he desired to go to Liberia, he was to have a hundred dollars for that purpose. If he did not go, he was to receive fifty dollars. If under the law he could not be consistently emancipated, then he was to choose his own master among the sons, or, if he preferred, the daughter of the testator.
Will of James Monroe