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American History

17 Unusual Wills from History

Visual arts - Will and testament
The gathering of relatives and friends to hear the reading of a decedents will is a common plot device in literature and film. Wellcome Images via Wikimedia

18. Lincoln’s will is a mystery to this day

How an experienced lawyer such as Lincoln could die intestate is an unexplained mystery. Wikimedia

The biggest surprise over the last will and testament of Abraham Lincoln is that he did not have one, or if he had no evidence of its existence has ever been found. Abraham Lincoln was a lawyer of long experience, success, and skill, particularly in non-criminal matters. He was also a holder of real property and a patent which had yet to be marketed at the time of his death. He was aware of his wife’s mental health issues, and death surrounded him throughout his presidency, including striking his own family. That he would have been intestate despite the known threats to his life, considering his legal background and his certain knowledge of the need to provide for his family is astonishing. But at his death the request went out for legal assistance, as the president had not left behind a will.

On the morning following Lincoln’s death a telegram was sent to Supreme Court Justice David Davis by Robert Lincoln, the late president’s son, asking him to return to Washington to handle his father’s affairs (Justice Davis then being in Chicago). It took more than two years for Davis and other attorneys to settle Lincoln’s estate. In 1919 Robert Lincoln wrote to a friend of his deep thanks for the assistance Davis provided settling Lincoln’s affairs and handling the estate in an expeditious manner. If Lincoln had prepared a will it has never been found. Abraham Lincoln was the first American president to die intestate and one of four who failed to leave a will, the others being Andrew Johnson, James Garfield, and Ulysses S. Grant.

 

Where do we find this stuff? Here are our sources:

“Heinrich Heine: A Modern Biography”. Jeffery L. Sammons. 1979 (2014)

“The Routledge Guide to William Shakespeare”. Robert Shaughnessy. 2013

“Mary Livingstone, Radio Star With Husband, Jack Benny”. Les Ledbetter, The New York Times. July 2, 1983

“Leona Helmsley’s Fortune May Go To Benefit Dogs”. Stephanie Strom, The New York Times. July 2, 2008

“Dusty’s Will A Testament To Her Love For Pet Cat”. Bill Hoffman, New York Post. April 5, 1999

“Biographies and Portraits of the Progressive Men of Iowa: Townsend Murphy Zink”. Benjamin F. Gue, Benjamin Franklin Shambaugh. 1899

“Last Dog and Testament”. Art Harris, The Washington Post. February 27, 1984

“Bentham Project”. University College London. Online

“High Society: The Life of Grace Kelly”. Donald Spoto, The Washington Post. November 15, 2009

“The Last Will and Testament of Benjamin Franklin”. Benjamin Franklin. June 23, 1789. Online

“Dickens”. Peter Ackroyd. 1991

“This is my Testament, or act of my last will”. Napoleon I. April 15, 1821. Online

“The Last Will and Testament of Robert Louis Stevenson”. Sam Llewellyn. 1981

“The man buried in a Pringles can”. Jeremy Caplan, TIME Magazine. June4, 2008

“Ed Headrick, 78, Designer Of The Commercial Frisbee”. Douglas Martin, The New York Times. August 14, 2002

“Personal Finances of Abraham Lincoln”. Harry E. Pratt, Lincoln Monographs. Online

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