San Antonio Lawyer, March/April 2021

Page 12

Wills of

Famous People By Harry L. Munsinger, J.D., Ph.D.

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ou can learn a lot about a person by reading his or her last will and testament. Many famous people left a written will, and some of those wills shaped the course of history. Often, those who ruled great empires used their wills as a final act of governance. All American Presidents left written wills, except Abraham Lincoln—who was busy managing the Civil War and was assassinated six days after it ended. Alexander the Great.1 Alexander died in June 323 B.C.E. No copies of his original will have survived, but David Grant, a London-based expert, believes the last chapter of an ancient manuscript known as the Alexander Romance contains details of Alexander’s last will. Grant alleges that Alexander’s true last will named his sons Alexander IV and Heracles as his successors, but Alexander’s generals suppressed the original will and issued a fake one stating that the ruler of Alexander’s lands would be “the strongest of them.” Unfortunately, this strategy produced a bloody civil war and broke up Alexander’s empire into several smaller hostile camps. We will never know what would have happened if his last will had been followed and the civil wars had not occurred. Julius Caesar.2 As with Alexander the Great, a copy of Julius Caesar’s will has not survived, but we can infer the basic terms of his will from records of Marc Antony reading it to the people of Rome. Caesar left his gardens to the city of Rome for a park and left “a large amount of money” (seventy-five drachmas, worth about $5,500 today) to every inhabitant of Rome. In his will, Caesar adopted Octavian as heir to his title and residual estate. Ironically, Decimus Brutus—one of Caesar’s murderers— was named as an alternate adopted son in Caesar’s will if Octavian did not survive Caesar. By adopting Octavian, Caesar named him successor to the imperial throne of Rome and left Octavian money to claim it. Octavian, however, had to defend his claim to be the first Emperor of Rome by winning a civil war against Marc Antony and Cleopatra. Henry VIII.3 King Henry also used his will to ensure the succession to his throne. He signed his last will on December 30, 1546, transferring royal authority to his son Prince Edward at Henry’s death. Henry repented and resolved never to return to his old ways, bequeathed his soul to God, and directed that his body be laid in the choir of the college in Windsor, 12  San Antonio Lawyer | sabar.org

midway between the stalls and the high alter with the bones of his third wife, Queen Jane (Edward’s mother). Henry asked that his executors cause a service for the dead to be celebrated at a suitable place and convey his body to be buried according to his instructions. He gave land to St. George’s College so that priests would say mass at the aforementioned altar. More specifically, Henry VIII’s will stated that the English Crown should go to Prince Edward and the heirs of his body. In default, to Henry’s children by his present wife Queen Catherine (Parr), or any future wife. In default, to his daughter Mary (by Henry’s first wife, Catherine of Aragon) and the heirs of her body, upon condition that she should not marry without the written and sealed consent of a majority of the surviving members of the Privy Council. In default, to his daughter Elizabeth (by Henry’s second wife, Anne Boleyn) upon the same condition. Henry directed the Privy Council and his executors to take all actions by a majority of them, rather than individually. Finally, he directed that all his legal debts should be paid, although he knew of none. Henry gave his son Prince Edward the crowns of England and Ireland, the title of France, and all his plate, household property, artillery, ordinance, ships, money, and jewels. He charged his son to be ruled by the Privy Council until he was eighteen. Henry gave Mary and Elizabeth 10,000 pounds each and instructed his executors to give them more at their discretion. Henry directed that Mary and Elizabeth should each receive 3,000 pounds annually for living expenses, and he made a number of small bequeaths to his councilors and servants. Napoleon Bonaparte.4 Several centuries later, Napoleon Bonaparte drafted a will that also emphasized the political legacy of the testator. Napoleon wrote his last will and testament on April 15, 1821, in his own hand. He added five codicils to his will, and he also attached several lists to the will. Napoleon stated that he died in the Apostolical Roman religion and decreed that his ashes should be scattered on the banks of the Seine. He asked his wife to watch over his son and asked his son to follow the motto “Everything for the French People.” He alleged that he was being assassinated by the English oligarchy. Napoleon gave his tangible personal property to his son Napoleon Francois Joseph Charles Bonaparte and gave two million francs to


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