JQ LAST WILL AND TESTAMENT, WITH CODICIL

    28 February 1774260

    Know all Men by these Presents, that I Josiah Quincy Junior of Boston in the County of Suffolk, Gentleman being of sound and disposing mind and memory make publish and declare this my last Will and Testament. Of my Spirit I say the less because I know so little of it, and I make no Disposition thereof, because I am well satisfyed that it is disposed of Already—in a manner perfectly wright upon the whole and altogether unalterable by me. And as to my Creed touching the same it is of no consequence to any but myself and too foreign from my present purpose to be here set forth. Touching the Disposition of my Body I am little solicitous, but extremely averse to any parade in its interment. But if I shall die in New England, I order my Executor to bury or remove it to a new Tomb to be made for that purpose in the burying place of the north parish in Braintree. The Tomb to be dug large enough for the reception of my Wife and her issue by me and also for the containing my Father, if he shall desire it. And I desire the dimensions may be no further extended than is sufficient for these Purposes. I order my Executor, to erect an elegant marble monument over the same Tomb, with such inscription thereon, as to him shall seem best—and order my Executor to pay the Expence, attending the performance of these things as also all my Just Debts and funeral Charges out of my Personal estate.261

    I give and bequeath unto my Honored262 and beloved Relations and Friends following namely Josiah Quincy Esq. and Wife William Phillips Esq. and Wife Samuel Phillips Esq, and my Brother and Sister and to all my Brothers and Sisters in Law each a handsome Gold Ring. Those of my Father’s and Mother’s to be ornamented with an Elegant Stone, not as any compensation for their Goodness but as a Testimony of my Gratitude. I give my good friends James Boies, Perez Morton, Thomas Edwards and Sarah Loring each a Gold Ring. I give to that worthy and good man Richard Cranch of Boston Watchmaker as a small Testimony of my gratitude towards him, an handsome gold Ring. I give to Easther Parker and Mary Walker if they remain in my Service to the time of my Death, one year’s advanced Wages to each of them over and above what may be severally due to them for their Services. I give to my Brother in Law William Phillips Junior my Solo-Chaise.263 I give to my Son Josiah when he shall arrive to the Age of Fifteen Years Algernon Sidney’s works in a large Quarto, John Locke’s Works in 9 Vol. in Folio, Lord Bacon’s Works in 4 Vol. in folio, Gordon’s Tacitus in 4 Vol., Gordon’s Sallust, Cato’s Letters by Gordon and Trenchard, and Miss McCauley’s History of England.264 May the Spirit of Liberty rest upon him. I give also to my said Son, when he shall arrive to the Age of Twenty one years my best Watch and my other Watch I give to my Nephew Samuel Quincy Junr. I give and bequeath unto my beloved Wife Abigail the use and Improvement of all my Household Furniture of what name or Nature soever during her Widowhood and no longer. And all her Wearing Apparell, Linen, Jewels and all other things more especially belonging to her Person and all my Plate I give to her and her assigns forever. I also give her all kinds of Provisions, liquor Stores and such like Things in my House at the time of my Decease to her use forever. I also give to her my House and Chaise forever. I give also to my said Wife forever sixty Books, such as she may chuse for her own Reading out of my Library other than those that treat upon Civil and municipal Law.

    My Mind and Will is that the Bequests and Legacies in this my last Will and Testament made to my said Wife shall be in full satisfaction of her Dower and right of thirds in my Estate. I also commit to the care and Custody of my said Wife all my manuscripts of a political and literary Nature, till one of my Sons arise to the Age of Twenty one years at which time I give them to such Son forever. I give to my good friend Mr. Perez Morton the use and improvement of my whole Library belonging to the Office for the Term of seven years; if I dye within three years from the date hereof he signing and delivering unto my Executor an Inventory thereof at the time he shall take the same into his Possession, I give my son Josiah all my wearing apparell, linen and such like Articles forever—I order that the Executor of this my last Will and Testament sell or let out at his Discretion all or any part of my Real Estate, and put the moneys arising from the sale or the rents thereof out at Interest on good Securities by Bond and Mortgage, and that my Executor change all or any of my Bonds and mortgages and other Securities for monies at Interest according to his Discretion without making himself Answerable for bad Debts; trusting to his Vigilance and Fidelity. And my Will and order is that any Executor settle with all convenient Speed my Accounts and collect the Moneys due thereon and all my small Debts upon Notes, and put the Moneys arising therefrom out at Interest on good Securities and that the Executor of this my last Will and Testament hold all my Estate Real, Personal and mixt except what I have and shall in this my last Will and Testament otherwise dispose of, subject to the limitations, restrictions and dispositions in this Will mentioned, in trust for the use therein expressed. I give and bequeath unto my much Beloved Wife, Abigail, if she remain my Widow the whole Interest and Income of all my Estate Real, Personal, not otherwise disposed of in this my last Will and Testament to be anually paid her by my Executor, till my said Son Josiah arive to the Age of Twenty one years for her maintenance and the support and Education of my said Son and other Child or Children, that I may have, in the best manner, and if my said Son Die before his arival to that Age, I order that my said Wife have and enjoy the whole of the same Interest and income during her said Widowhood, unless my said Son leave issue lawfully begotten in Wedlock and in that case I order that such issue take in the same manner as he would if alive. And if my said Son Josiah shall arive to the Age of Twenty one years, then I give and bequeath to him and his Assigns forever one Thousand Pounds Lawfull Money of Great Brittain, to be paid by my Executor out of the capital at Interest and in case my said Wife shall be at such time married, then I give and bequeath to my said Son his Heirs and Assigns forever the whole of my Estate Real Personal and mixt, not otherwise disposed of in this my last Will and Testament.

    I order that in case my said Wife marry again that her revinue or Income from my Estate wholly cease and determine on the Day of such her marriage, and that in lieu thereof my Executor pay her one hundred Pounds Sterling and from thenceforth the Interest and income of my Estate be applied, to the support and Education of my said Son Josiah, untill he arive to the Age of Twenty one years and such other Child or Children as I may leave and the surplussage thereof be accumulated and added to the Principal of my Estate and put out to Interest for the uses of this my Will and Testament.

    And in case my said Wife do not marry again, then I order that she enjoy what is before bequeathed to her namely, the residue of said Income and Interest, till Death and after her Death, and on the arrival of my said Son to the Age of Twenty one years then I give and Bequeath all the rest and residue of my said Estate Real, personal and mixt not otherwise herein disposed of, to him his Heirs and assigns forever unless he have Brothers and Sisters or a Brother and Sister of the whole Blood, who are then to share equally with him and if he Dye before he arive to the Age of Twenty one years and leave issue I give and bequeath to such issue in the same manner (and so otherwise) as to him. And in case my said Son shall Dye before he arive to the Age of Twenty one years or after he arive to that Age, without issue and without leaving any Brothers or Sisters or Brother or Sister of the whole Blood who are respectively to take as in this Will mentioned, then upon the marriage or Death (which ever shall first happen) of my said Wife I Order and accordingly give and bequeath to the President and Corporation of Harvard Colledge, two thousand Pounds Sterling for the use and purpose of founding a Professorship of Moral Philosophy Law and Oratory and no other; and the desire of my Vanity is, that the Professor thereof be called Quincy—Professor of moral Philosophy Law and oratory. And in case of the Death of my said Son without issue as aforesaid and without leaving any Brothers or Sisters or Brother or Sister of the whole Blood and after the payment of my bequests aforesaid to Harvard Colledge, I give bequeath and Divise all the rest and residue of my Estate to my next of kin of the whole Blood to be equally divided between them share and share alike.

    But my mind and Will is (any thing herein contained to the contrary notwithstanding) that if I should leave any other Child or Children (as it seems probably I may) besides my said Son Josiah, that such Child or Children shall take and equally share with my said Son the legacies Gifts and Devises herein made to him and in case of his Death that such Child or Children take as he would if alive provided always that if my said Son leave issue lawfully begotten in Wedlock such issue shall come in for the share of their Father with such other Child or Children as I may leave at my Decease, besides my said Son Josiah.

    And last I make ordain and appoint Francis Dane Esqr. Executor of this my last Will and Testament and in case of his Death and Refusal I nominate and appoint Jon. Jackson of Newbury-port merchant Executor thereof; and in case of his Death or refusal I nominate and appoint John Adams Esqr Executor thereof and in case of his Death and refusal I nominate and appoint my Brother in Law William Phillips Junior Executor thereof and in case of his Death or refusal I nominate and appoint Mr. Perez Morton Executor thereof, and in case of the Death or refusal of all the said Executors before appointed to take in succession as aforesaid, I desire that the Judge of Probate would nominate such meet Person, as he shall think proper Administrator with the Will anexed and what sort of a one I should chuse, he may collect from those I have appointed my Executors, but I desire of the Judge, that no Person related to me by Blood may be the Administrator. I desire that the Judge of Probate would make a handsome and generous allowance to the Executor of this my last Will and Testament for his Trouble and not barely give him a Quantum meruit.265

    In Witness whereof and in Testimony, that this is my last Will and Testament, I hereunto set my Hand and Seal this 28 Day of February, in the fourteenth year of his Majesty’s Reign Annoque Domini 1774.

    Josiah Quincy Junior [seal]

    Signed, Sealed, published and declared by the said Testator to his last Will and Testament in presence of us who in his Presence subscribed our Names as Witnesses–These Words and Wife in the second page and such other Child or Children as I may leave in the fifth Page in this Will is mentioned in the sixth Page first interlined, and the Words say in the first Page and the word aforesaid in the sixth Page first erased by the Testator.

    • J Quincy Junior
    • Joseph Warren
    • William Tudor
    • John Gill

    I Josiah Quincy Junior of Boston in the County of Suffolk Gentleman, the Testator in the preceeding Will named, hereby make this a Codicil thereof and thereto to be anexed and accounted and taken as part thereof—Whereas since the Execution of the same Will I have had born a Daughter named Abigail, who will take by Virtue of the devises and bequests in the same contained a greater Estate and Interest, than I intend or am willing upon further consideration that she should, I therefore do hereby revoke and annul said Last Will so far as it relates to her and what she would or might take (owing her Brother Josiah) by Virtue thereof, but no further and I order that in case her said Brother live to the Age of Twenty one she shall take nothing by force or Virtue of any Devise Gift bequest, clause or paragraph in the same Will contained, my mind and Will however being that in case her said Brother Die before the Age of Twenty one without issue that in such case this Codicil shall be considered as altogether null and void, and that said Abigail shall take as if the same Codicil had never been made. And in lieu of what would go and rest in said Abigail by force and operation of the same Will if not altered by this Codicil as aforesaid, I give and bequeath to her if she shall arive to the Age of Twenty one or marriage the Sum of one thousand Pounds Lawfull Money of Great Brittain and order that from that time till the payment of said Legacy it shall carry Interest. And whereas I have nominated and appointed Mr Perez Morton of said Boston Gentleman to be an Executor of my said last Will and Testament but since the Execution of said last Will and Testament said Morton hath become obligated to me by bond conditioned for the payment of Forty Pounds Lawfull Money and Interest and it is highly probable that before my Death he will become further indebted to me in considerable Sums, I therefore for these and other good reasons Not necessary to enumerate but out of no disrespect of him hereby revoke further said last Will and Testament that is to say so far as relates to said Perez Morton being one of my said Executors and I hereby direct and order that he shall be an Executor of my said last Will or Administrator cum testamento annexo266 and in the stead and place of said Morton (and to be my Executor in the order and at the time said Morton would have been if this Codicil had never been made) I hereby nominate and appoint John Lowell of Newbury port in the County of Essex Esquire to be executor thereof. And I do hereby order and direct that no Executor of the last Will and Testament of any one of my said Executors shall (ipso facto)267 be an Executor of my said last Will and Testament, But upon the Death or refusal of all the Executors thereof I hereby pray that the Judge of Probate of Wills and granting of Letters of Administration for the County of Suffolk would grant Administration to some meet Person cum testamento anexo, hoping that he will observe my directions and desires upon this matter in my said last Will and Testament expressed saving that if either of my Children shall at the time of the granting such Administration be arived at the Age of Twenty one years and in other Respects shall in the Judgement of the said Judge be a suitable and proper Person for that office I hereby request the Judge to appoint such Child Administrator with the Will anexed but not otherwise. In Witness whereof I the said Josiah Quincy Junior hereunto set my Hand and Seal this ninth day of September in the fourteenth Year of his Majesty’s reign Annoque Domini 1774, hereby ratifying and confirming my said last Will and Testament in all and every part not revoked or annulled by this Codicil hereby publishing and declaring this a Codicil thereto and to be anexed accounted and taken as part thereof the same Day and Year last mentioned.

    Josiah Quincy Junior [seal]

    Signed Sealed Published and Declared by the said Josiah Quincy Junior the Testator in a Codicil to his last Will and Testament in presence of us who in his Presence subscribed our Names as Witnesses,

    • Joseph Warren
    • David Jones
    • William Venal Jun.