THE VOID PROVISION OF A PRESIDENT'S WILL Author(s): George H. Armistead, Jr. Source: Tennessee Historical Quarterly, Vol. 15, No. 2 (June, 1956), pp. 136-140 Published by: Tennessee Historical Society Stable URL: http://www.jstor.org/stable/42621282 Accessed: 17-02-2017 19:37 UTC JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

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Notes and Documents THE VOID PROVISION OF A PRESIDENT'S WILL

By George H. Armistead, Jr.

James K. Polk was born in North Carolina on November 2, 1795, and moved with his family to Tennessee in 1806, settling in Maury County. After graduation from the University of North Carolina in 1818 he studied law in the offices of Felix Grundy, and then established his own practice in Columbia. From 1823 to 1825 he served in the Tennessee House of Representatives, and from 1825 to 1839 was one of the leading Democratic members of the United States House of Representatives, serving as speaker from 1835 to 1839 In the latter year Polk left Congress to become Governor of Tennessee

for one term. Twice defeated for re-election in 1841 and 1843,

Polk's selection as the Democratic nominee for President in 1844 made him a true "dark horse" candidate. He won the election and

served one term as the nation's Chief Executive. Returning to Tennessee in 1849, he died within just a few months at the age of fifty-

three.

Polk spent the last few months before his death at his "Home Place," a handsome residence which had been built by Felix Grundy

on what is now the southwest corner of Union Street and Seventh

Avenue in Nashville.1 Polk purchased the house and lot from Grundy's estate after the first of a series of court actions concerning title

to the property, most notable of which involved the legality of the

former President's will.

On November 17, 1848, in the case of Felix Grundy's Devisees vs. Felix Grundy's Executors, the Chancery Court at Nashville entered a decree reciting that Felix Grundy died seized and possessed in and to the Mansion House and grounds situated in Nashville and known as the family residence of the said Grundy, and that James K. Polk had agreed to pay $7000.00 for said property under a contract. The Chancellor decreed that the contract had been complied with on the part of Polk and, therefore, title should be vested in him.

This decision of the Chancellor was appealed to the Supreme Court, which held that the question between the appellants and Polk was whether or not in the purchase of the Grundy property Polk purchased a fee simple title or only a right-of-way to certain of the 1 The deed conveying the property to Grundy is recorded in Book L, page 407, in the Registrar's Office at Nashville. 136

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Notes and Documents 137

property. In any event the case was co

the Clerk and Master conveyed to Polk t Grundy, including title to the portion of question.2

President Polk on the 28th day of Febr

Washington, D. C., executed his will. H

William H. Polk, and his heirs forever, th he owned in the house and lot in Columb

date of the will was occupied by Presiden who held a life interest in the property follows:

I, James K. Polk of the State of Tennessee, bu which I was elected President of the United Sta

considering the uncertainty of life and the cer and publish this my last Will and Testament,

It is my will and desire, and I do so direct, th owe at the period of my death shall be paid out hereinafter named.

I devise and bequeath to my brother, W

forever, the remainder interest which I own being in the town of Columbia, Tennessee, a

mother, Jane Polk, and in which she holds a lif

I devise and bequeath to my nephew, Marsh

Military Academy at West Point, and to his hei

I own lying in the State of Arkansas, which by the United States; and as I have much sol and prosperity of my said nephew, Marsha

mother are both dead, and for whom I am guar beloved wife, Sarah Polk, will from time to tim and assistance out of the estate hereinafter d

in her discretion she may think right and p

judgment, prove to be worthy of such aid and situation to do so, without embarrassment or i

I devise and bequeath to my beloved wife

and enjoyed by her, during the period of her n

and lots and all the grounds, with the appu and belonging, situated, lying and being in

State of Tennessee, which said house, lots and p

estate of Felix Grundy, deceased, and from J return, I design to make my future residence.

It is my will and desire that my said wife, right as long as she may live, to the exclus

enjoyment of the said house lots and premises, the improvements thereon as she may think pr

* By deed recorded in Book 17, p. 457 at Nashville, T

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138 Tennessee Historical Quarterly

Sarah Polk, and myself, have mutually agreed with each other, t

respective deaths, it is desired by us, that our bodies may be interre

said premises, which I have denominated the Polk Place, and as our desire that the said house, lots and premises should never pas

hands of strangers, who are not related to me by consanguinity, I do with a view to prevent such a contingency, devise, bequeath and give

house, lots and premises, and all the appurtenances thereunto be appertaining, from and after the death of my said wife, to th Tennessee, but to be held by the said State of Tennessee in trus following uses, objects and purposes, and none other, that is to sa

State of Tennessee, through its Governor for the time being, or if h decline to assume the Execution of the trust, then through such othe

as the legislature of the said State may from time to time emp

authorize for that purpose, shall permit the said house, lots and prem be occupied, used and enjoyed by such one of my blood relations, hav name of Polk as may be designated by the said State, or its authorize preferring always my nearest of kin of the name of Polk, if there b

person who shall be deemed worthy, and a proper person to oc same; but if at any time, there shall be no such blood relation be name of Polk, then the said house, lots and premises shall be occu

and enjoyed by such other of my blood relations as may be designate

said State to execute this trust. Whichsoever of my blood relat

after the death of my said beloved wife, Sarah Polk, from time to ti occupy and enjoy the said house, lots and premises, shall be required

the same in repair, so as to prevent them from delapidating [sic]

into decay, shall pay the public taxes thereon, and shall preserve and repair the tomb which may be placed or erected over the mortal r

my beloved wife and myself, and shall not permit the same to be

nor shall any buildings or other improvements be placed or erected o spot where the said tomb may be. I request the public authorities of

of Tennessee, whose people I have so long served in various public

and to whom I am under so many obligations of gratitude, at the dea

beloved wife, Sarah Polk, to accept and execute the trust specifie

devise.

I devise, bequeath and give to my beloved wife, Sarah Polk, and

forever, all the balance of my estate, not hereinbefore disposed of, wh situated, including all my lands and real estate, all my servants and p

property of any description, in the States of Tennessee and Miss elsewhere, and including also money and debts and securities, whi

due or owing to me, or held by me. I have entire confidence that my

wife, Sarah Polk, who has been constantly identified with me i sympathies and affections, through all the vicissitudes of my p

private life for more than twenty-five years, and who by her prude

and economy has aided and assisted me in acquiring and preserv property which I own, will at her death make a proper and just d of what property she may then possess, between her relations This is left entirely to her sole discretion, but with a request, if

deem it proper, that it may be distributed as equally as practicable, b such of her blood relations and my blood relations, whether they be th of kin or not, as she may select and deem to be the most worthy recipi

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Notes and Documents 139

Should I survive her, unless influenced by c

foresee, it is my intention to emancipat

confidence, that if at her death she shall de

them.

I do hereby nominate, constitute and appoint my beloved wife, Sarah Polk,

Executrix, and my faithful and trusty friends, John Catron and Daniel Graham Executors of this my last will and testament.

In witness whereof I have hereunto subscribed my name and affixed my seal this twenty-eighth day of February in the year of Our Lord, one thousand, eight hundred and forty nine.

(Signed) James K. Polk (Seal)

Signed, sealed and delivered by the testator in our presence, and in the presence of each other, as his last will and testament, and witnessed by us at his request. C. Johnson James H. Thomas H. L. Turney*

President Polk's widow died in 1891. She left a will by which, after making certain bequests of personalty and money, she gave all the rest and residue of her estate to her niece, Mrs. Geo. W. Fall.4

On October 13, 1891, a bill was filed in the Chancery Court at Nashville by the heirs at law of President Polk against Mrs. Fall and her husband, John P. Buchanan, Governor of the State of Tennessee, and some other defendants who were heirs of President Polk.5 The

bill recited that President Polk's will was void insofar as the provisions in his will disposing of his home place known as Polk Place was concerned and that he died intestate without making any disposition of it. The bill further recited that President Polk's widow had no interest in the home place which she could dispose of as she only had a life interest in it and therefore Mrs. Fall, her niece, did not

under her Aunt's will get any interest in the place although at the time the bill was filed she was occupying it and in possession of it. It is of interest to note an allegation in the bill to the effect that the defendant, John P. Buchanan, was the Governor of the State and that although a special session of the General Assembly of Tennessee had been held since the death of Mrs. Polk, "neither the Governor nor the General Assembly nor any other official has signified a purpose of accepting or executing said trust." Complainants in this bill took the position, and rightfully so, that the provision of President Polk's will that no one could ever own the property unless he or she was one of his blood relations, was void. "This will was probated in the County Court at Nashville, on September 3, 1849, in

Minute Book D, p. 294. 4 Recorded in Will Book 31, p. 142, in the County Court at Nashville. 5 It is of interest to note that there were 55 complainants and 13 defendants.

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140 Tennessee Historical Quarterly

In other words, a person does not have unlimited power to may own his property. He cannot so restrict ownership. Without going into the details of the litigation mention

and subsequent proceedings, a decree was entered in 189

effect that the State of Tennessee had given permission that th

of President Polk might be removed to the Capitol grounds all the parties in interest had agreed that such removal was The Clerk and Master was authorized to borrow $1500.00 t

the body of President Polk and the tomb erected over his the Capitol grounds. The property was directed to be sold by the Clerk and Mas it was purchased on February 5, 1898, for the price of $20 Jacob M. Dickinson, who later served as Secretary of War dent Tafťs cabinet. Prior to the entry of this decree vesti

in Judge Dickinson, the bodies of President Polk and hi

were removed to the State Capitol grounds.

On April 20, 1900, Dickinson and wife conveyed the prop

J. Craig McClanahan and Chas. G. Gates. Thereafter Gat veyed his one-half interest to McClanahan. The Polk Ap

were erected on this property. Under McClanahan' s will, the property eventually vested in Williams College, the al

of McClanahan.

The property was sold again a few years ago, the Polk Apartments

were torn down, and President Polk's home place, which he had wanted to belong to his heirs forever, became a public parking lot.

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