ALL THE PRESIDENTS' WILLS. CLE Credit: 1.0 Friday, June 15, :10-11:10 a.m. Elkhorn A-D Lexington Convention Center Lexington, Kentucky

Transcription

1 ALL THE PRESIDENTS' WILLS CLE Credit: 1.0 Friday, June 15, :10-11:10 a.m. Elkhorn A-D Lexington Convention Center Lexington, Kentucky

2 A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio Kentucky Bar Association

3 TABLE OF CONTENTS The Presenter... i The Presidents' Wills... 1 The Last Will and Testament of George Washington... 1 The Last Will and Testament of Thomas Jefferson... 1 The Last Will and Testament of Andrew Jackson... 5 The Last Will and Testament of Martin Van Buren... 5 The Last Will and Testament of James K. Polk... 6 The Estate of Abraham Lincoln... 8 The Last Will and Testament of Grover Cleveland... 8 The Last Will and Testament of William McKinley... 8 The Last Will and Testament of Calvin Coolidge The Last Will and Testament of Harry Truman The Last Will and Testament of John F. Kennedy The Last Will and Testament of Lyndon Baines Johnson The Last Will and Testament of Richard Nixon... 12

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5 THE PRESENTER Joshua R. Denton Frost Brown Todd, LLC 150 Third Avenue South, Suite 1900 Nashville, Tennessee JOSHUA R. DENTON is a member of Frost Brown Todd, LLC, where he practices in the firm s Nashville office. Mr. Denton has spent nearly two decades litigating all types of business and real estate disputes, and has extensive experience handling land use and zoning matters. He has represented clients in jury and bench trials, appeals and before numerous zoning boards. Mr. Denton earned his law degree from the University of Kentucky College of Law, where he was an associate editor of the Kentucky Law Journal and the vice president of the Equine Law Society. He also graduated from the University of Kentucky with a B.A. in journalism and political science and served as co-editor-inchief of The Kentuckian. Mr. Denton regularly speaks throughout Kentucky and Tennessee on a variety of topics, including real estate, zoning and land use planning, electronic discovery, social media, ethics and alternative dispute resolution. He is admitted to practice in all state and federal courts sitting in Kentucky, Tennessee and Indiana, the U.S. Courts of Appeals for the Sixth Circuit and the Federal Circuit, as well as the U.S. Supreme Court. Mr. Denton has served as Chair of the Board for the Nashville Conflict Resolution Center, which provides free and sliding-scale mediation to those in need in Davidson County, Tennessee. He also is a board member and vice president of the Heritage Foundation of Williamson County, Tennessee a non-profit that has been promoting historic preservation in that area for more than half a century. i

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7 THE PRESIDENTS' WILLS Joshua R. Denton I. THE LAST WILL AND TESTAMENT OF GEORGE WASHINGTON A. Executed on July 9, 1799 B. Died on December 14, 1799 C. A Last-Minute Decision What If the Circumstances Had Been Different? D. Provisions for Mrs. Washington E. Release of Debts and Educational Loans to Family F. Emancipation and Education of Slaves G. An Excerpt from the Will: The family Vault at Mount Vernon requiring repairs, and being improperly situated besides, I desire that a new one of Brick, and upon a larger Scale, may be built at the foot of what is commonly called the Vineyard Inclosure, on the ground which is marked out. In which my remains, with those of my deceased relatives (now in the old Vault) and such others of my family as may chuse to be entombed there, may be deposited. And it is my express desire that my Corpse may be Interred in a private manner, without parade, or funeral Oration. II. THE LAST WILL AND TESTAMENT OF THOMAS JEFFERSON A. Executed on March 16, 1826 B. Died on July 4, 1826 C. Transfers Property in Trust for His Daughter, but Only So Long as His Son-In-Law Should Live D. Sally Hemings and the Thomas Jefferson Foundation E. The Will and Codicil of Thomas Jefferson I Thomas Jefferson of Monticello in Albemarle, being of sound mind and in my ordinary state of health, make my last will and testament in manner and form as follows. 1

8 I give to my grandson Francis Eppes, son of my dear deceased daughter Mary Eppes, in fee simple, all that part of my lands at Poplar Forest lying West of the following lines, to wit, Beginning at Radford's upper corner near the double branches of Bear creek and the public road, & running thence in a straight line to the fork of my private road, near the barn, thence along that private road (as it was changed in 1817) to it's crossing of the main branch of North Tomahawk creek, and, from that crossing, in a direct line over the main ridge which divides the North and South Tomahawk, to the South Tomahawk, at the confluence of two branches where the old road to the Waterlick crossed it, and from that confluence up the Northernmost branch (which separates McDaniel's and Perry's fields) to it's source, & thence by the shortest line to my Western boundary. and having, in a former correspondence with my deceased son in law John W. Eppes contemplated laying off for him with remainder to my grandson Francis, a certain portion in the Southern part of my lands in Bedford and Campbell, which I afterwards found to be generally more indifferent than I had supposed, & therefore determined to change it's location for the better; now to remove all doubt, if any could arise on a purpose merely voluntary & unexecuted, I hereby declare that what I have herein given to my sd grandson Francis is instead of, and not additional to what I had formerly contemplated. I subject all my other property to the payment of my debts in the first place. Considering the insolvent state of affairs of my friend & son in law Thomas Mann Randolph, and that what will remain of my property will be the only resource against the want in which his family would otherwise be left, it must be his wish, as it is my duty, to guard that resource against all liability for his debts, engagements or purposes whatsoever, and to preclude the rights, powers and authorities over it which might result to him by operation of law, and which might, independantly of his will, bring it within the power of his creditors, I do hereby devise and bequeath all the residue of my property real and personal, in possession or in action, whether held in my own right, or in that of my dear deceased wife, according to the powers vested in me by deed of settlement for that purpose, to my grandson Thomas J. Randolph, & my friends Nicholas P. Trist, and Alexander Garrett & their heirs during the life of my sd son in law Thomas M. Randolph, to be held & administered by them, in trust, for the sole and separate use and behoof of my dear daughter Martha Randolph and her heirs. and, aware of the nice and difficult distinctions of the law in these cases, I will further explain by saying that I 2

9 understand and intend the effect of these limitations to be, that the legal estate and actual occupation shall be vested in my said trustees, and held by them in base fee, determinable on the death of my sd son in law, and the remainder during the same time be vested in my sd daughter and her heirs, and of course disposable by her last will, and that at the death of my sd son in law, the particular estate of the sd trustees shall be determined and the remainder, in legal estate, possession and use become vested in my sd daughter and her heirs, in absolute property for ever. In consequence of the variety and undescribableness of the articles of property within the house at Monticello, and the difficulty of inventorying and appraising them separately and specifically, and its inutility, I dispense with having them inventoried and appraised; and it is my will that my executors be not held to give any security for the administration of my estate. I appoint my grandson Thomas Jefferson Randolph my sole executor during his life, and after his death, I constitute executors my friends Nicholas P. Trist and Alexander Garrett joining to them my daughter Martha Randolph after the death of my sd son in law Thomas M. Randolph. Lastly I revoke all former wills by me heretofore made; and in witness that this is my will, I have written the whole with my own hand on two pages, and have subscribed my name to each of them this 16th day of March one thousand eight hundred and twenty six. Th: Jefferson I Thomas Jefferson of Monticello in Albemarle make and add the following Codicil to my will, controuling the same so far as its provisions go. I recommend to my daughter, Martha Randolph, the maintenance and care of my well-beloved sister Anne Scott Marks, and trust confidently that from affection to her, as well as for my sake, she will never let her want a comfort. I have made no specific provision for the comfortable maintenance of my son in law Thomas M. Randolph, because of the difficulty and uncertainty of devising terms which shall vest any beneficial interest in him which the law will not transfer to the benefit of his creditors to the destitution of my daughter and her family and disablement of her to supply him: whereas property placed under the exclusive right of my daughter and her independant will, as if she were a feme sole [i.e., femme sole], considering the 3

10 relations in which she stands both to him and his children, will be a certain resource against want for all. I give to my friend James Madison of Montpellier my goldmounted walking staff of animal horn, as a token of the cordial and affectionate friendship which for nearly now an half century, has united us in the same principles and pursuits of what we have deemed for the greatest good of our country. I give to the University of Virginia my library, except such particular books only, and of the same edition, as it may already possess, when this legacy shall take effect. The rest of my said library remaining after those given to the University shall have been taken out, I give to my two grandsons in law Nicholas P. Trist and Joseph Coolidge. To my grandson Thomas Jefferson Randolph I give my silver watch in preference of the golden one, because of it's superior excellence. my papers of business going of course to him, as my executor, all others of a literary or other character I give to him as of his own property. I give a gold watch to each of my grand children who shall not have already recieved one from me, to be purchased and delivered by my executor, to my grandsons at the age of 21. and grand-daughters at that of sixteen. I give to my good, affectionate, and faithful servant Burwell his freedom, and the sum of three hundred Dollars to buy necessaries to commence his trade of painter and glazier, or to use otherwise as he pleases. I give also to my good servants John Hemings and Joe Fosset their freedom at the end of one year after my death: and to each of them respectively all the tools of their respective shops or callings: and it is my will that a comfortable log house be built for each of the three servants so emancipated on some part of my lands convenient to them with respect to the residence of their wives, and to Charlottesville and the University, where they will be mostly employed, and reasonably convenient also to the interests of the proprietor of the lands; of which houses I give the use of one, with a curtilage of an acre to each, during his life or personal occupation thereof. I give also to John Hemings the services of his two apprentices, Madison and Eston Hemings, until their respective ages of twenty one years, at which period respectively, I give them their freedom. and I humbly and earnestly request of the legislature of Virginia a confirmation of the bequest of freedom to these servants, 4

11 with permission to remain in this state where their families and connections are, as an additional instance of the favor, of which I have recieved so many other manifestations, in the course of my life, and for which I now give them my last, solemn, and dutiful thanks. In testimony that this is a Codicil to my will of yesterday's date, and that it is to modify so far the provisions of that will, I have written it all with my own hand, in two pages, to each of which I subscribe my name this 17th day of March one thousand eight hundred and twenty six. Th: Jefferson III. THE LAST WILL AND TESTAMENT OF ANDREW JACKSON A. Executed on June 7, 1843 B. Died on June 8, 1845 C. An Excerpt from the Will: First I bequeath my body to the dust whence it comes, and my soul to God who gave it, hoping for a happy immortality through the atoning merits of our Lord Jesus Christ, the Saviour of the world. My desire is that my body be buried by the side of my dear departed wife, in the garden of the Hermitage, in the vault prepared in the garden, and all expenses paid by my executor hereafter named. **** Thirdly, I give and bequeath to my adopted son, Andrew Jackson Jnr, the tract of land whereon I now live, known as the Hermitage tract. IV. THE LAST WILL AND TESTAMENT OF MARTIN VAN BUREN A. Executed on January 18, 1860 B. Died on July 24, 1862 C. Equalizing Lifetime Gifts vs. Leaving the Estate in Equal Shares D. An Excerpt from the Will: Fourthly. I give to my grand son Singleton Van Buren a gold snuff box, presented to me with the Freedom of the City, by the corporation of the City of New York, and to my Granson Martin son of Abraham the marble bust made of me by Powers, which I had previously presented to his mother & now transfer to the son by her direction. I give to my grandson Martin son of my son Smith Thomson a silver 5

12 pitcher, presented to me some years since by my old & always sincere friend Benjamin F. Butler. Fifthly. I direct my Executors to expend four hundred dollars, or so much thereof as may be necessary, in obtaining a copy of the bust of me by Powers, which copy I give to my Grandson Edward Livingston Van Buren. V. THE LAST WILL AND TESTAMENT OF JAMES K. POLK A. Executed on February 28, 1849 B. Died June 15, 1849 C. The Desire to Preserve and Keep Polk Place in the Family D. Attempts to Appoint the State of Tennessee as Trustee E. The Presidential Tomb F. An excerpt from the Will In the name of God Amen! I James K. Polk of the State of Tennessee, but residing during the term for which I was elected President of the United States, in the city Washington, considering the uncertainty of life and the certainty of death, do make, ordain and publish this my last Will and Testament, as follows, that is to say It is my will and desire and I do so direct, that all just debts which I may owe, at the period of my death, shall be paid out of my estate, by my executors hereinafter named. I devise and bequeath to my brother William H. Polk and his heirs forever, the Remainder interest which I own, in the house and lot lying and being in the town of Columbia Tennessee, at present occupied by my aged mother Jane Polk and in which she holds a life estate. **** I devise and bequeath to my beloved wife Sarah Polk, to be held used and enjoyed by her, during the period of her natural life, the dwelling house and lots and all the grounds, with the appurtenances thereunto attached and belonging, situated, lying and being in the City of Nashville in the State of Tennessee, which said house, lots and premises, I purchased from the estate of Felix Grundy deceased, and exec. John M. Bass, and which on my return to Tennessee, I design to make my future residence. It is my will and desire that my said wife Sarah Polk shall 6

13 have the full right as long as she may live to the exclusive possession, occupation and enjoyment of the said house, lots and premises, and to add to, alter or change the improvements thereon as she may think proper. And as my beloved wife Sarah Polk and myself have mutually agreed with each other, that at our respective deaths, it is desired by us, that our bodies may be interred on the said premises which I have denominated the Polk Place, and as it is also our desire that the said house, lot, and premises should never pass into the hands of strangers who are not related to us by consanguinity, I do hereby, with a view to prevent such a contingency, devise, bequeath and give, the said house, lot and premises, and all the appurtenances thereunto belonging or apportioning, from and after the death of my said wife, to the State of Tennessee, but to be held by the said State of Tennessee in Trust for the following uses, objects and purposes, and none other, that is to say: the said State of Tennessee, through its Governor for the time being, of (sic) if he should decline to assume the execution of the Trust, then through such other person, as the Legislature of the said State, may from time to time impower and authorize for that purpose, shall permit the said house, lots and premises, to be occupied, used and enjoyed by such one of my blood relations, bearing the name of Polk, as may be designated by the said State, as its authorized agent, preferring always my nearest of kin of the name of Polk it (sic) there be such a person who shall be deemed worthy, and a proper person to occupy the house; but if at any time, there shall be no such blood relation bearing the name of Polk, then the said house, lots and premises, shall be occupied, used and enjoyed, by such other of my blood relations as may be designated by the said State to execute this Trust. Which same of my blood relations shall, after the death of my said beloved wife Sarah from time to time, use, occupy and enjoy the said house, lots and premises, shall be required to keep the same in repair, so as to prevent them from dilapidating or falling into decay, shall pay the public taxes thereon, and shall preserve and keep in repair the tomb, which may be placed or erected over the mortal remains of my beloved wife and myself, and shall not permit the same to be removed, nor shall any buildings or other improvements be placed or erected over the spot, where the said tomb may be. I request the public authorities of the State of Tennessee, whose people I have so long served in various public stations, and to whom I am under so many obligations of gratitude, at the death of my beloved wife Sarah Polk to accept and execute the Trust specified in this devise. 7

14 VI. THE ESTATE OF ABRAHAM LINCOLN A. Died on April 15, 1865 B. One of Four Presidents to Die Intestate C. A U.S. Supreme Court Justice Administers the Estate D. Distribution of the Estate VII. THE LAST WILL AND TESTAMENT OF GROVER CLEVELAND A. Executed on February 21, 1906 B. Died on June 24, 1908 C. Providing for Widows and Minor Children. (Compare President John Tyler's Last Will and Testament) D. An excerpt from the Will: Sixth. I give to my two daughters Esther and Marion, and to my two sons Richard F. and Francis G., the sum of ten thousand dollars ($10,000) each, to be paid to be paid to them respectively as they each shall arrive at the age of twenty-one years. Until these legacies are paid, or shall lapse, they shall be kept invested, and the income derived therefrom shall be paid to my wife; and the aggregate of said income shall be applied to her to the support, maintenance and education of said children in such manner and in such proportions as she shall deem best, without any liability to any of said children on account thereof. If however either of my said daughters, shall before her legacy becomes payable, cease for any reason to reside with her mother, then and from that time, the income arising from the investment of her legacy, shall be paid to said daughter. In case either of my said children shall die before his or her legacy shall be actually paid, leaving a child or children then said legacy shall be paid to said child or children; but otherwise the said legacy shall lapse and become part of the residuary estate disposed of by this instrument. VIII. THE LAST WILL AND TESTAMENT OF WILLIAM MCKINLEY A. Executed on October 22, 1897 B. Died on September 14, 1901 C. Where Is the Executor? 8

15 D. Broad Discretion for the Care for His Invalid Widow E. Conflicting Provisions for Mother THE WILL OF WILLIAM MCKINLEY EXECUTIVE MANSION WASHINGTON I publish the following as my last will and testament, hereby revoking all former wills. To my beloved wife Ida S. McKinley I bequeath all of my real estate wherever situate, and the income of any personal property of which I may be possessed at death, during her natural life. I make the following charge upon all of my property both real and personal, to pay my mother during her life one thousand dollars a year, and at her death said sum to be paid to my sister Helen McKinley. If the income from property be insufficient to keep my wife in great comfort and pay the annuity above provided, then I direct that such of my property be sold so as to make a sum adequate for both purposes. Whatever property remains at the death of my wife I give to my brothers and sisters share and share alike. My chief concern is that my wife from my estate shall have all she requires for her comfort and pleasure and that my mother shall be provided with whatever money she requires to make her old age comfortable and happy. Witness my hand and seal this 22nd day of October, To my last will and testament made at the City of Washington Dist. of Columbia. William McKinley (seal) The foregoing will was witnessed by us this 22nd day of October 1897, at the request of the testator, and his name signed thereto in our presence, and our signatures hereto in his presence. G.B. Cortelyou Charles Loeffler 9

16 IX. THE LAST WILL AND TESTAMENT OF CALVIN COOLIDGE A. Executed on December 20, 1926 B. Died on January 5, 1933 C. A one-sentence Will; the shortest of them all THE WILL OF CALVIN COOLIDGE "The White House" Washington Will of Calvin Coolidge Hampshire County, Massachusetts Not unmindful of my son John, I give all my estate both real and personal to my wife Grace Coolidge, in fee simple Home at Washington, District of Columbia this twentieth day of December, A.D., nineteen hundred and twenty six. Calvin Coolidge Signed by me on the date above in the presence of the testator and of each other as witnesses to said will and the signature thereof. Everett Sanders Edward T. Clark Erwin C. Geisser X. THE LAST WILL AND TESTAMENT OF HARRY TRUMAN A. Executed on January 14, 1959 B. Died on December 26, 1972 C. Excerpt from Codicil executed on October 23, 1961: ITEM III It is my will and desire, and I direct that my Executrix or Executor arrange and cause my remains to be laid to rest in the center of the plaza South of my office on the premises of THE HARRY S. TRUMAN LIBRARY, in Independence, Missouri. I further direct that a place be provided for the last resting place of Mrs. Truman. I direct that the slab covering the graves shall be level with the surrounding ground. If it is desired that an obelisk should be put at the head of the graves, and the Executor or Executrix shall so decide. It is my desire that a slab be 10

17 placed over the graves, whether the obelisk is set up or not. I would suggest that the slab over the graves, which will lie flat, have the following inscriptions: HARRY S. TRUMAN Born May 8, 1884 Lamar, Missouri Married June 28, 1919 Daughter Born February 17, 1924 County Judge Eastern District Jackson County January 1, 1925 Presiding Judge, Jackson County January 1, 1927-January 1, 1935 United States Senator, Missouri January 3, 1935-January 12, 1945 Vice-President, United States January 20, to April 12, 1945 President, United States April 12, 1945-January 20, 1953 BESS WALLACE TRUMAN Born February 13, 1885 Independence, Missouri Married June 28, 1919 Daughter born February 17, 1924 Mary Margaret First Lady, United States of America April 12, 1945-January 20, 1953 XI. THE LAST WILL AND TESTAMENT OF JOHN F. KENNEDY A. Executed on June 18, 1954 B. Died on November 22, 1963 C. Unlike Other Modern Presidents, Absence of any Disposition of Presidential Papers and Materials D. Flexibility in Trust Language E. Recognition of a Private Charitable Foundation F. The Hopes for the Foundation's Future Use of Past Gifts 11

18 G. An Excerpt from the Will: FOURTH During my life, I have made substantial contributions to divers (sic) charities, causes and institutions of all faiths, both individually and through The Joseph P. Kennedy Jr. Foundation, which was established in honor of my late beloved brother. I am certain that the contributions which I and other members of my family have made to the Foundation will be applied after my death without bias or discrimination to the fulfillment of the Foundation's eleemosynary purposes. XII. THE LAST WILL AND TESTAMENT OF LYNDON BAINES JOHNSON A. Executed on July 25, 1972 B. Died on January 22, 1973 C. Community Property and President Johnson's Disposition of Mrs. Johnson's Share of Any Right to His Papers D. Mrs. Johnson as an Independent Executor E. A Self-Proving Will XIII. THE LAST WILL AND TESTAMENT OF RICHARD NIXON A. Executed on February 24, 1994 B. Died on April 22, 1994 C. After resigning in 1974, Congress passed a law confiscating the materials President Nixon had left behind. In 1978, the Presidential Records Act was enacted, which ensured that the papers of all subsequent presidents would be the property of the American people. D. A federal court of appeals ruled in 1992 that the materials seized by the government belonged to President. Nixon and that he was entitled to compensation. E. In 2000, Justice Department agreed to pay $18 million to his Estate for presidential papers, photographs and tape recordings that had been seized. The settlement concluded a twenty-year legal battle over 44 million documents, 3,700 hours of secretly recorded tapes and thousands of photographs. 12

19 F. An excerpt from the Will: If neither of my daughters survives me, I direct my executors to collect and destroy my "personal diaries". Notwithstanding any other provisions of this Will, if neither of my daughters survives me, the property constituting my "personal diaries" shall be subject to the following restrictions: At no time shall my executors be allowed to make public, publish, sell, or make available to any individual other than my executor (or except as required for Federal tax purposes) the contents or any part or all of my "personal diaries" and, provided further, that my executors shall, within one year from the date of my death or, if reasonably necessary, upon the later receipt of a closing estate tax letter from the Internal Revenue Service, destroy all of my "personal diaries". My "personal diaries" shall be defined as any notes, tapes, transcribed notes, folders, binders, or books that are owned by me or to which I may be entitled under a judgment of law including, but not limited to, folders, binders, or books labeled as Richard Nixon's Diaries, Diary Notes, or labeled just by dates, that may contain my daily, weekly or monthly activities, thoughts or plans. The determination of my executors as to what property is included in this bequest shall be conclusive and binding upon all parties interested in my estate; however, it is my wish that my executors consult with my surviving daughters and/or my office staff in making this determination. 13

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