Trusts And Estates, Presidents’ Day Edition

Presidents die with the same concerns as regular citizens. In the trusts and estates world, this means they pass with or without a will.

Dated July 9, 1799, President George Washington’s last will and testament reads: “In the name of God amen I George Washington of Mount Vernon—a citizen of the United States, and lately President of the same, do make, ordain and declare this Instrument; which is written with my own hand and every page thereof subscribed with my name, to be my Last Will & Testament, revoking all others.”

Presidents die with the same concerns as regular citizens. In the trusts and estates world, this means they pass with or without a will, testate or intestate. Besides real property, monetary assets, and general tchotchkes, presidents, in establishing an estate plan, must decide how their legacy will be managed and to whom their presidential papers and diaries will be distributed . Often, they are bequeathed to presidential libraries and foundations. Their beneficiaries are spouses, children, and even fellow presidential buddies.

It is told that immediately prior to his December 14, 1799, death at Mt. Vernon, Virginia, the first president summoned his wife, Martha Washington, for two versions of his last will and testament. Seriously ill, he reviewed both and threw one in the fire. Having appropriately destroyed one will, the remaining document became his last will and testament which was later probated in the local Virginia court.

President Washington, a wealthy landowner, bequeathed his entire estate to his wife, Martha Washington.  Charitably inclined, Washington left money to establish a school to educate the disadvantaged in addition to bequeathing stock to create a university.  He also requested that all of their slaves (numbered in the hundreds) be freed. Similarly, President Thomas Jefferson freed his slaves under his last will and testament. Jefferson, in a codicil, also left his friend, President James Madison, his gold-mounted walking staff.

The last will and testament of President James K. Polk greatly focused on his bequests to his wife, Sarah, in addition to his Tennessee home, Polk Place. The Polks and their estates have been the subject of much litigation in the State of Tennessee and the president’s will was even submitted as an exhibit in the civil case John Doe ex. Demise Sarah Polk v. William Best upon the First Lady’s passing.  President Polk and his wife have been interred in three different places since their deaths as a result of various lawsuits.

President John F. Kennedy, despite his demise at a young age, was well prepared with a revocable living trust and “pour over” last will and testament. Given the Kennedy family’s wealth and fame, it is unsurprising that he would choose a trust as his primary vehicle for transferring his assets upon his passing. This kind of trust is not filed in the probate courts, thus preserving a quietness for the family as to the inventory of his assets.  As is the case with any  revocable trust, all assets not held in the trust were transferred via the pour over will into the trust following JFK’s passing.

Only four presidents have died intestate, without a will. Abraham Lincoln was only 56 years old when he was assassinated and he did not have a will. At his family’s behest, Supreme Court Justice David Davis was appointed administrator of President Lincoln’s estate by the judge of the Sangamon County Court, in Illinois. The estate was reportedly worth about $85,000 at the time and his next-of-kin, the beneficiaries by law, included his wife, Mary, and his two living sons, Robert and Thomas. Lincoln was an attorney, making his lack of estate planning less excusable, but unfortunately not uncommon. Other presidents who died intestate include Andrew Johnson, Ulysses S. Grant, and James A. Garfield.

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The shortest presidential will is attributed to President Calvin Coolidge who in one line manages to distribute his entire estate and disinherit his son. It reads:  “Not unmindful of my son John, I give all my estate both real and personal to my wife Grace Coolidge, in fee.” With all due respect to the presidential testator, it is likely advisable to flesh out one’s final requests a bit more, maybe by writing at least a paragraph to ensure that all concerns are addressed and at a minimum that an executor of your choosing is appointed.


Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com

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