Few things show the human character in a more ridiculous light than the circumstance of will-making. It is the latest opportunity we have of exercising the natural perversity of the disposition, and we take care to make a good use of it. We husband it with jealousy, put it off as long as we can, and then use every precaution that the world shall be no gainer by our deaths. This last act of our lives seldom belies the former tenor of them for stupidity, caprice, and unmeaning spite. All that we seem to think of is to manage matters so (in settling accounts with those who are so unmannerly as to survive us) as to do as little good, and to plague and disappoint as many people, as possible.
Many persons have a superstition on the subject of making their last will and testament, and think that when everything is ready signed and sealed, there is nothing further left to delay their departure. I have heard of an instance of one person who, having a feeling of this kind on his mind, and being teased into making his will by those about him, actually fell ill with pure apprehension, and thought he was going to die in good earnest, but having executed the deed over-night, awoke, to his great surprise, the next morning, and found himself as well as ever he was.34
An elderly gentleman possessed of a good estate and the same idle notion, and who found himself in a dangerous way, was anxious to do this piece of justice to those who remained behind him, but when it came to the point, his heart failed him, and his nervous fancies returned in full force. Even on his death-bed he still held back and was averse to sign what he looked upon as his own death-warrant, and just at the last gasp, amidst the anxious looks and silent upbraidings of friends and relatives that surrounded him, he summoned resolution to hold out his feeble hand, which was guided by others, to trace his name, and he fell back — a corpse! If there is any pressing reason for it, that is, if any particular person would be relieved from a state of harassing uncertainty or materially benefited by their making a will, the old and infirm (who do not like to be put out of their way) generally make this an excuse to themselves for putting it off to the very last moment, probably till it is too late; or where this is sure to make the greatest number of blank faces, contrive to give their friends the slip, without signifying their final determination in their favour. Where some unfortunate individual has been kept long in suspense, who has been perhaps sought out for that very purpose, and who may be in a great measure dependent on this as a last resource, it is nearly a certainty that there will be no will to be found; no trace, no sign to discover whether the person dying thus intestate ever had any intention of the sort, or why they relinquished it. This is to bespeak the thoughts and imaginations of others for victims after we are dead, as well as their persons and expectations for hangers-on while we are living. A celebrated beauty of the middle of the last century, towards its close, sought out a female relative, the friend and companion of her youth, who had lived during the forty years of their separation in rather straitened circumstances, and in a situation which admitted of some alleviations. Twice they met after that long lapse of time — once her relation visited her in the splendour of a rich old family mansion, and once she crossed the country to become an inmate of the humble dwelling of her early and only remaining friend. What was this for? Was it to revive the image of her youth in the pale and careworn face of her friend? Or was it to display the decay of her charms and recall her long-forgotten triumphs to the memory of the only person who could bear witness to them? Was it to show the proud remains of herself to those who remembered or had often heard what she was — her skin like shrivelled alabaster, her emaciated features chiselled by Nature’s finest hand, her eyes that, when a smile lighted them up, still shone like diamonds, the vermilion hues that still bloomed among wrinkles? Was it to talk of bone-lace, of the flounces and brocades of the last century, of race-balls in the year ‘62, and of the scores of lovers that had died at her feet, and to set whole counties in a flame again, only with a dream of faded beauty? Whether it was for this, or whether she meant to leave her friend anything (as was indeed expected, all things considered, not without reason), nobody knows — for she never breathed a syllable on the subject herself, and died without a will. The accomplished coquette of twenty, who had pampered hopes only to kill them, who had kindled rapture with a look and extinguished it with a breath, could find no better employment at seventy than to revive the fond recollections and raise up the drooping hopes of her kinswoman only to let them fall — to rise no more. Such is the delight we have in trifling with and tantalising the feelings of others by the exquisite refinements, the studied sleights of love or friendship!
Where a property is actually bequeathed, supposing the circumstances of the case and the usages of society to leave a practical discretion to the testator, it is most frequently in such portions as can be of the least service. Where there is much already, much is given; where much is wanted, little or nothing. Poverty invites a sort of pity, a miserable dole of assistance; necessity, neglect and scorn; wealth attracts and allures to itself more wealth by natural association of ideas or by that innate love of inequality and injustice which is the favourite principle of the imagination. Men like to collect money into large heaps in their lifetime; they like to leave it in large heaps after they are dead. They grasp it into their own hands, not to use it for their own good, but to hoard, to lock it up, to make an object, an idol, and a wonder of it. Do you expect them to distribute it so as to do others good; that they will like those who come after them better than themselves; that if they were willing to pinch and starve themselves, they will not deliberately defraud their sworn friends and nearest kindred of what would be of the utmost use to them? No, they will thrust their heaps of gold and silver into the hands of others (as their proxies) to keep for them untouched, still increasing, still of no use to any one, but to pamper pride and avarice, to glitter in the huge, watchful, insatiable eye of fancy, to be deposited as a new offering at the shrine of Mammon, their God — this is with them to put it to its intelligible and proper use; this is fulfilling a sacred, indispensable duty; this cheers them in the solitude of the grave, and throws a gleam of satisfaction across the stony eye of death. But to think of frittering it down, of sinking it in charity, of throwing it away on the idle claims of humanity, where it would no longer peer in monumental pomp over their heads — and that, too, when on the point of death themselves, in articulo mortis, oh! it would be madness, waste, extravagance, impiety! — Thus worldlings feel and argue without knowing it; and while they fancy they are studying their own interest or that of some booby successor, their alter idem, are but the dupes and puppets of a favourite idea, a phantom, a prejudice, that must be kept up somewhere (no matter where), if it still plays before and haunts their imagination, while they have sense or understanding left to cling to their darling follies.
There was a remarkable instance of this tendency to the heap, this desire to cultivate an abstract passion for wealth, in a will of one of the Thelussons some time back. This will went to keep the greater part of a large property from the use of the natural heirs and next-of-kin for a length of time, and to let it accumulate at compound interest in such a way and so long, that it would at last mount up in value to the purchase-money of a whole county. The interest accruing from the funded property or the rent of the lands at certain periods was to be employed to purchase other estates, other parks and manors in the neighbourhood or farther off, so that the prospect of the future demesne that was to devolve at some distant time to the unborn lord of acres swelled and enlarged itself, like a sea, circle without circle, vista beyond vista, till the imagination was staggered and the mind exhausted. Now here was a scheme for the accumulation of wealth and for laying the foundation of family aggrandisement purely imaginary, romantic — one might almost say, disinterested. The vagueness, the magnitude, the remoteness of the object, the resolute sacrifice of all immediate and gross advantages, clothe it with the privileges of an abstract idea, so that the project has the air of a fiction or of a story in a novel. It was an instance of what might be called posthumous avarice, like the love of posthumous fame. It had little more to do with selfishness than if the testator had appropriated the same sums in the same way to build a pyramid, to construct an aqueduct, to endow a hospital, or effect any other patriotic or merely fantastic purpose. He wished to heap up a pile of wealth (millions of acres) in the dim horizon of future years, that could be of no use to him or to those with whom he was connected by positive and personal ties, but as a crotchet of the brain, a gewgaw of the fancy.35 Yet to enable himself to put this scheme in execution, he had perhaps toiled and watched all his life, denied himself rest, food, pleasure, liberty, society, and persevered with the patience and self-denial of a martyr. I have insisted on this point the more, to show how much of the imaginary and speculative there is interfused even in those passions and purposes which have not the good of others for their object, and how little reason this honest citizen and builder of castles in the air would have had to treat those who devoted themselves to the pursuit of fame, to obloquy and persecution for the sake of truth and liberty, or who sacrificed their lives for their country in a just cause, as visionaries and enthusiasts, who did not understand what was properly due to their own interest and the securing of the main chance. Man is not the creature of sense and selfishness, even in those pursuits which grow out of that origin, so much as of imagination, custom, passion, whim, and humour.
I have heard of a singular instance of a will made by a person who was addicted to a habit of lying. He was so notorious for this propensity (not out of spite or cunning, but as a gratuitous exercise of invention) that from a child no one could ever believe a syllable he uttered. From the want of any dependence to be placed on him, he became the jest and by-word of the school where he was brought up. The last act of his life did not disgrace him; for, having gone abroad, and falling into a dangerous decline, he was advised to return home. He paid all that he was worth for his passage, went on ship-board, and employed a few remaining days he had to live in making and executing his will; in which he bequeathed large estates in different parts of England, money in the funds, rich jewels, rings, and all kinds of valuables to his old friends and acquaintance, who, not knowing how far the force of nature could go, were not for some time convinced that all this fairy wealth had never had an existence anywhere but in the idle coinage of his brain, whose whims and projects were no more! — The extreme keeping in this character is only to be accounted for by supposing such an original constitutional levity as made truth entirely indifferent to him, and the serious importance attached to it by others an object of perpetual sport and ridicule!
The art of will-making chiefly consists in baffling the importunity of expectation. I do not so much find fault with this when it is done as a punishment and oblique satire on servility and selfishness. It is in that case Diamond cut Diamond— a trial of skill between the legacy-hunter and the legacy-maker, which shall fool the other. The cringing toad-eater, the officious tale-bearer, is perhaps well paid for years of obsequious attendance with a bare mention and a mourning-ring; nor can I think that Gil Blas’ library was not quite as much as the coxcombry of his pretensions deserved. There are some admirable scenes in Ben Jonson’s Volpone, showing the humours of a legacy-hunter, and the different ways of fobbing him off with excuses and assurances of not being forgotten. Yet it is hardly right, after all, to encourage this kind of pitiful, barefaced intercourse without meaning to pay for it, as the coquette has no right to jilt the lovers she has trifled with. Flattery and submission are marketable commodities like any other, have their price, and ought scarcely to be obtained under false pretences. If we see through and despise the wretched creature that attempts to impose on our credulity, we can at any time dispense with his services: if we are soothed by this mockery of respect and friendship, why not pay him like any other drudge, or as we satisfy the actor who performs a part in a play by our particular desire? But often these premeditated disappointments are as unjust as they are cruel, and are marked with circumstances of indignity, in proportion to the worth of the object. The suspecting, the taking it for granted that your name is down in the will, is sufficient provocation to have it struck out: the hinting at an obligation, the consciousness of it on the part of the testator, will make him determined to avoid the formal acknowledgment of it at any expense. The disinheriting of relations is mostly for venial offences, not for base actions: we punish out of pique, to revenge some case in which we been disappointed of our wills, some act of disobedience to what had no reasonable ground to go upon; and we are obstinate in adhering to our resolution, as it was sudden and rash, and doubly bent on asserting our authority in what we have least right to interfere in. It is the wound inflicted upon our self-love, not the stain upon the character of the thoughtless offender, that calls for condign punishment. Crimes, vices may go unchecked or unnoticed; but it is the laughing at our weaknesses, or thwarting our humours, that is never to be forgotten. It is not the errors of others, but our own miscalculations, on which we wreak our lasting vengeance. It is ourselves that we cannot forgive. In the will of Nicholas Gimcrack the virtuoso, recorded in the Tatler, we learn, among other items, that his eldest son is cut off with a single cockleshell for his undutiful behaviour in laughing at his little sister whom his father kept preserved in spirits of wine. Another of his relations has a collection of grasshoppers bequeathed him, as in the testator’s opinion an adequate reward and acknowledgment due to his merit. The whole will of the said Nicholas Gimcrack, Esq., is a curious document and exact picture of the mind of the worthy virtuoso defunct, where his various follies, littlenesses, and quaint humours are set forth as orderly and distinct as his butterflies’ wings and cockle-shells and skeletons of fleas in glass cases.36 We often successfully try, in this way, to give the finishing stroke to our pictures, hang up our weaknesses in perpetuity, and embalm our mistakes in the memories of others.
Even from the tomb the voice of nature cries,
Even in our ashes live their wonted fires.
I shall not speak here of unwarrantable commands imposed upon survivors, by which they were to carry into effect the sullen and revengeful purposes of unprincipled men, after they had breathed their last; but we meet with continual examples of the desire to keep up the farce (if not the tragedy) of life after we, the performers in it, have quitted the stage, and to have our parts rehearsed by proxy. We thus make a caprice immortal, a peculiarity proverbial. Hence we see the number of legacies and fortunes left on condition that the legatee shall take the name and style of the testator, by which device we provide for the continuance of the sounds that formed our names, and endow them with an estate, that they may be repeated with proper respect. In the Memoirs of an Heiress all the difficulties of the plot turn on the necessity imposed by a clause in her uncle’s will that her future husband should take the family name of Beverley. Poor Cecilia! What delicate perplexities she was thrown into by this improvident provision; and with what minute, endless, intricate distresses has the fair authoress been enabled to harrow up the reader on this account! There was a Sir Thomas Dyot in the reign of Charles II. who left the whole range of property which forms Dyot Street, in St. Giles’s, and the neighbourhood, on the sole and express condition that it should be appropriated entirely to that sort of buildings, and to the reception of that sort of population, which still keeps undisputed, undivided possession of it. The name was changed the other day to George Street as a more genteel appellation, which, I should think, is an indirect forfeiture of the estate. This Sir Thomas Dyot I should be disposed to put upon the list of old English worthies — as humane, liberal, and no flincher from what he took in his head. He was no common-place man in his line. He was the best commentator on that old-fashioned text —‘The foxes have holes, and the birds of the air have nests, but the Son of man hath not where to lay his head.’ We find some that are curious in the mode in which they shall be buried, and others in the place. Lord Camelford had his remains buried under an ash tree that grew on one of the mountains in Switzerland; and Sir Francis Bourgeois had a little mausoleum built for him in the college at Dulwich, where he once spent a pleasant, jovial day with the masters and wardens.37 It is, no doubt, proper to attend, except for strong reasons to the contrary, to these sort of requests; for by breaking faith with the dead we loosen the confidence of the living. Besides, there is a stronger argument: we sympathise with the dead as well as with the living, and are bound to them by the most sacred of all ties, our own involuntary follow-feeling with others!
Thieves, as a last donation, leave advice to their friends, physicians a nostrum, authors a manuscript work, rakes a confession of their faith in the virtue of the sex — all, the last drivellings of their egotism and impertinence. One might suppose that if anything could, the approach and contemplation of death might bring men to a sense of reason and self-knowledge. On the contrary, it seems only to deprive them of the little wit they had, and to make them even more the sport of their wilfulness and shortsightedness. Some men think that because they are going to be hanged, they are fully authorised to declare a future state of rewards and punishments. All either indulge their caprices or cling to their prejudices. They make a desperate attempt to escape from reflection by taking hold of any whim or fancy that crosses their minds, or by throwing themselves implicitly on old habits and attachments.
An old man is twice a child: the dying man becomes the property of his family. He has no choice left, and his voluntary power is merged in old saws and prescriptive usages. The property we have derived from our kindred reverts tacitly to them; and not to let it take its course is a sort of violence done to nature as well as custom. The idea of property, of something in common, does not mix cordially with friendship, but is inseparable from near relationship. We owe a return in kind, where we feel no obligation for a favour; and consign our possessions to our next-of-kin as mechanically as we lean our heads on the pillow, and go out of the world in the same state of stupid amazement that we came into it! . . . Caetera desunt.
34 A poor woman at Plymouth who did not like the formality, or could not afford the expense of a will, thought to leave what little property she had in wearing apparel and household moveables to her friends and relations, viva voce, and before Death stopped her breath. She gave and willed away (of her proper authority) her chair and table to one, her bed to another, an old cloak to a third, a night-cap and petticoat to a fourth, and so on. The old crones sat weeping round, and soon after carried off all they could lay their hands upon, and left their benefactress to her fate. They were no sooner gone than she unexpectedly recovered, and sent to have her things back again; but not one of them could she get, and she was left without a rag to her back, or a friend to condole with her.
35 The law of primogeniture has its origin in the principle here stated, the desire of perpetuating some one palpable and prominent proof of wealth and power.
36 It is as follows:
‘The Will of a Virtuoso.
I, Nicholas Gimcrack, being in sound Health of Mind, but in great Weakness of Body, do by this my Last Will and Testament bequeath my worldly Goods and Chattels in Manner following:—
Imprimis, To my dear Wife, One Box of Butterflies, One Drawer of Shells, A Female Skeleton, A Dried Cockatrice.
Item, To my Daughter Elizabeth, My Receipt for preserving dead Caterpillars, As also my Preparations of Winter May–Dew, and Embrio Pickle.
Item, to my little Daughter Fanny, Three Crocodiles’ Eggs.
And upon the Birth of her first Child, if she marries with her Mother’s Consent, The Nest of a Humming Bird.
Item, To my eldest Brother, as an acknowledgment for the Lands he has vested in my Son Charles, I bequeath My last Year’s Collection of Grasshoppers.
Item, To his Daughter Susanna, being his only Child, I bequeath my English Weeds pasted on Royal Paper, With my large Folio of Indian Cabbage.
Having fully provided for my Nephew Isaac, by making over to him some years since A horned Searaboeus, The Skin of a Rattle–Snake, and The Mummy of an Egyptian King, I make no further Provision for him in this my Will.
I My eldest Son John having spoken disrespectfully of his little Sister, whom I keep by me in Spirits of Wine, and in many other Instances behaved himself undutifully towards me, I do disinherit, and wholly cut off from any Part of this my Personal Estate, by giving him a single Cockle–Shell.
To my Second Son Charles, I give and bequeath all my Flowers, Plants, Minerals, Mosses, Shells, Pebbles, Fossils, Beetles, Butterflies, Caterpillars, Grasshoppers, and Vermin, not above specified: As also my Monsters, both wet and dry, making the said Charles whole and sole Executor of this my Last Will and Testament, he paying or causing to be paid the aforesaid Legacies within the Space of Six Months after my Decease. And I do hereby revoke all other Wills whatsoever by me formerly made.’—Tatler, vol. iv. No. 216.
37 Kellerman lately left his heart to be buried in the field of Valmy, where the first great battle was fought in the year 1792, in which the Allies were repulsed. Oh! might that heart prove the root from which the tree of Liberty may spring up and flourish once more, as the basil tree grew and grew from the cherished head of Isabella’s lover!
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