The Founding Fathers left detailed wills that reveal what they valued most. George Washington freed an enslaved servant and provided for his wife. Thomas Jefferson gave his library to the nation. Benjamin Franklin funded loans for young tradesmen. Alexander Hamilton left personal words for his children, and Abraham Lincoln died without a will at all.
The Founding Fathers of the United States were complicated men who laid the foundations of the nation we know today. You probably think you have heard all the stories: George Washington chopped down a cherry tree and confessed to the crime, Thomas Jefferson was a farmer who made good bourbon, Abe Lincoln was born in a log cabin, and Alexander Hamilton was in the room where it happened. But you likely have not heard the stories of these men and their last wills and testaments. Each had a political legacy that lasts until today, but what did they try to achieve with their wills? Were they more concerned with personal property or their loved ones? Did they make any special bequests? And did any of them actually die without a will? Below, we look at the wills of five prominent Founding Fathers for lessons that can inform your own estate plan.
George Washington
George Washington was the first president of the United States. Many people expected Washington to remain president for life, and his ally Alexander Hamilton argued he should never step down. Foreign powers assumed he would simply declare himself king. Instead, Washington was inspired by rulers like Cincinnatus, who willingly gave up power, and after one term he retired to his farm at Mount Vernon. The night before Washington died, he asked his wife Martha to bring him his two wills. After reviewing them, he threw one in the fire and told her to probate the will he had written six months earlier.
Washington's handwritten will runs 15 pages and reflects his strong sense of duty toward the new nation. Washington left his personal property to Martha. According to George Washington's Mount Vernon, his will freed his valet William Lee immediately and provided him a 30 dollar annual annuity, and it stipulated that the roughly 123 people he personally owned would be freed after Martha's death. He could not emancipate the people enslaved through the Custis estate, since those individuals belonged to his wife's family, not to him. Washington is the only slaveholding Founding Father who freed any enslaved people in his will. He also left money for a school that later became Washington and Lee University and for a school for orphans, and he forgave debts owed to him. Not every wish came true; money he left for a university in the District of Columbia never resulted in one being built. Washington reviewed his will when he knew he was gravely ill. That kind of care is something everyone should aim for when planning an estate.
Thomas Jefferson
Thomas Jefferson, the principal author of the Declaration of Independence, helped secure freedom of religion in the United States. He became the third president and is remembered for the phrase "all men are created equal." His major accomplishments include the Louisiana Purchase and the Lewis and Clark Expedition, which opened the way for America's westward expansion.
Jefferson is not without contradictions. He spoke out against the international slave trade yet bought and sold enslaved people during his lifetime. In his will, he did not emancipate most of the roughly 600 people he enslaved over his life, though a codicil freed five people, including two sons of Sally Hemings, who historians believe were also his sons. Separately from his will, in 1815 Jefferson sold his personal library, one of the largest private collections in the country, to Congress to help rebuild the Library of Congress after the British burned the Capitol during the War of 1812. That sale became the foundation of today's Library of Congress collection. Jefferson's example is a reminder that intellectual and creative work has real value in an estate; if you are drafting a will, think through any artistic, literary, or digital assets you own along with your physical property.
Benjamin Franklin
Benjamin Franklin was born in Boston and moved to Philadelphia as a young man, and his affinity for both cities shows up in his will. Franklin was a true polymath who excelled in science, writing, politics, and diplomacy, and he is best remembered for his work on electricity, including the invention of the lightning rod.
The most notable part of Franklin's will is a codicil he added less than a year before his death in 1790. In it, he left 1,000 pounds sterling each to the cities of Boston and Philadelphia. For the first 100 years, the money would accrue interest and fund small loans to young tradesmen starting their own businesses. At the end of that century, the cities could take 75 percent of the principal for public works, with the remaining 25 percent left to grow for another 100 years. Franklin expected some bickering over the money, and there was some, but both cities ultimately used the funds well. The lesson here is that you do not need to be wealthy to leave something behind for causes you care about; a will can include modest gifts to charities or community funds, or money left in trust to loved ones with specific conditions attached.
Alexander Hamilton
Alexander Hamilton was an early American statesman who helped design the U.S. Treasury and the national economy, and he authored most of the Federalist Papers, the pamphlets that helped convince Americans to ratify the Constitution. Hamilton was killed by then Vice President Aaron Burr in a duel. Before agreeing to the duel, Hamilton, who had something of a reputation as a hothead, asked his friend Nathaniel Pendleton to help him draft a will just in case.
Hamilton named three friends as executors of his estate: John Church, husband of Angelica Schuyler; Nicholas Fish, a friend from the Revolutionary War who later named his own son Hamilton; and Pendleton, who also served as Hamilton's second in the fatal duel. Hamilton did not have significant personal wealth, largely because of his years in public service, and he did not own an enslaved person. In his will, he told his children that their mother had been "the most devoted" and "best" of mothers and that he trusted her to provide for them. The takeaway from Hamilton's will is not just to avoid duels. It is that a will can carry personal words to the people you love, not only a list of assets.
Abraham Lincoln
Abraham Lincoln is remembered as one of America's most consequential presidents, holding the Union together, winning the Civil War, and helping end slavery. He won a second term and was then assassinated by John Wilkes Booth. Despite his many accomplishments, and despite being a practicing lawyer who understood the risks against his life, Lincoln never wrote a will.
At the time of his death, Lincoln's estate was worth about 110,000 dollars. Because he held assets in more than one state, and because there was no will to guide the process, his estate went through delays and disputes over how it should be divided among his widow and sons. The family asked Supreme Court Justice David Davis to administer the estate, and disagreements over Lincoln's valuable papers and books dragged on for years. The lesson from Lincoln's estate is straightforward: write your will now, regardless of how busy or invincible you feel. Lincoln is far from the only famous name who put off writing a will; see our roundup of celebrities who died without a will for more examples of what goes wrong when you wait.
What These Wills Teach You About Your Own Estate Plan
These five stories share a common thread. The founders who planned carefully, like Washington reviewing his will while gravely ill, avoided the confusion that followed Lincoln's death. Whether your estate is worth 100,000 dollars or considerably more, the same principles apply: name your beneficiaries clearly, account for property with sentimental or intellectual value, and update your plan as your life changes. You do not need a 15 page handwritten document to get this right. You can build a complete will online with FastWill in far less time than it took Washington to draft his.
Frequently Asked Questions
Which Founding Fathers died without a will?
Abraham Lincoln is the best known example. Despite being a lawyer and a sitting president facing constant threats, he never wrote a will, which led to years of delay and disputes over his estate.
Did George Washington emancipate the people he enslaved in his will?
Washington's will freed his valet William Lee immediately and directed that the people he personally enslaved be freed after Martha Washington's death. He could not emancipate people enslaved through his wife's family estate, since he did not own them.
What happened to Thomas Jefferson's personal library?
Separately from his will, Jefferson sold his personal library to Congress in 1815 to help replace the Library of Congress collection burned by the British in the War of 1812. That purchase became the foundation of today's Library of Congress.
What can Benjamin Franklin's will teach everyday people about estate planning?
Franklin's codicil shows that you do not need great wealth to leave a lasting gift. A modest, carefully structured bequest, even a small charitable fund or a gift left in trust with conditions attached, can matter for generations.
Why does it matter that these historical figures took the time to write a will?
Because the ones who did not, like Lincoln, left their families dealing with court battles and delays for years. Writing a will while you are healthy, and updating it as your life changes, is the clearest way to avoid the same outcome.
Conclusion
The Founding Fathers were not thinking about legacy planning software or online will builders, but their wills still hold lessons worth applying today: name your people clearly, account for what you actually own, and do not wait. If their stories have you thinking about your own plan, you can start your will with FastWill and put your own wishes in writing.
