Lizbeth's Will

Nona · Post by **Nona** » Sat Apr 30, 2005 5:25 am

As I recall, the part about Lizzie not leaving anything even part or the whole of maplecroft was said something to the effect that "nothing to be left to my sister Emma for HER FATHER left her enough to survive with" okay maybe not exact words can anyone help me out?

WHY doesn't she say HER FATHER NOT OUR FATHER?

Audrey · Post by **Audrey** » Sat Apr 30, 2005 8:09 am

28. I have not given my sister, Emma L. Borden, anything as she had her share of her father's
estate and is supposed to have enough to make her comfortable.

(Lizzie's will, downloaded for free @ http://www.lizzieandrewborden.com/ -- specifically @ http://lizzieandrewborden.com/Resources ... uments.htm )

Maybe it was just in the legal speak of the times?

Liz Crouthers · Post by **Liz Crouthers** » Sat Apr 30, 2005 2:39 pm

Audreys right is the way they talked.

Kat · Post by **Kat** » Sat Apr 30, 2005 7:53 pm

I truly think that what was in these wills spoke mountains about these people! I was just thinking recently about Anna Morse who got so much from her uncle John's will. He wrote out our Borden girls and Anna gets extra. She's the niece whom he met at the Emerys' house Thursday. She did keep in touch and she did visit him before he died, but still! Did she know something about him and got leverage to gain more from his inheritance?

Anyway, Lizzie and Emma signed an agreement that they would leave each other something if they still jointly owned Maplecrot when one of them died and Lizzie did not do it, but Emma did!
I think Lizzie thought she would survive Emma- they were 9 years apart after all. Thus Emma would never hear Lizzie's will- and never know she wrote that! As it is, Emma was probably too sick to know that Lizzie reneged.
These wills are a very good subject and I think these people*talked* to each other through them, so yes I think it's important that Lizzie said "her father" rather than "our father."

Kat · Post by **Kat** » Sun May 01, 2005 2:30 am

Anna Morse, per a Mills County Tribune article of January 30, 1913, says she was given a box with notes in it by Morse just before he died. In it was supposedly a note worth $7,000 (a *note* like an IOU or loan). She also claimed Morse gave her $3,000 worth of these notes as well. When the box was opened the $7,000 note was not in there and she found out it hadn't been in there- it had been in the safe at "the Purcell store" for several years. She sued both her uncles, essentially: Her dead uncle Morse's estate and her uncle George Shaw as in charge of it.
She thought she'd be getting $8,000, not including the $3,000!
She was finally awarded $900.

Now, maybe Morse forgot, or maybe he misrepresented what was in the box. But why should Anna get all that money? As I mentioned above, she was the niece visiting at the Emery's that Thursday, Aug. 4th who Morse went to see.

Seeing as Morse cared about money about to the same extent as Andrew Borden, I don't know how he could have forgotten that the note wasn't in the box when it was given to Anna. He died soon after. He already had supplied her with an inheritance in his will. See Morse's will at:
http://www.lizzieandrewborden.com/Crime ... stWill.htm

I think if we multiply $8,000 x 18, which would equal what that money might be today, it would come to $144,000!!

doug65oh · Post by **doug65oh** » Sun May 01, 2005 3:42 am

Interesting thought about the language of the will generally: While it's difficult if not impossible to say exactly what the probate laws were in Massachusetts 80 years ago, I know it's a common requirement nowadays in many jurisdictions - failure on the part of the testator to mention immediate survivors in a will (presuming the testator is of sound mind and thus aware that these immediate survivors exist) might leave the will open to contest in court. Whether they get anything or not, they must be named.

Oh now that's interesting. Do we know the circumstances of the agreement (was it a codisil, or separate entirely from the will?)

Kat · Post by **Kat** » Mon May 02, 2005 1:38 am

The agreement between Lizzie and Emma, in Rebello, 312+:

"After Emma's departure from Maplecroft, an agreement was drafted for Emma and Lizzie."

"Agreement

'Whereas Emma L. Borden and Lizzie A. Borden, of Fall River, Massachusetts, all equal owners in common of a certain lot of land containing about 34 5/8 rods of land and a dwelling house, thereon numbered 306 French Street, in said Fall River, and also of certain personal property located in said house, said lot being the same purchased by them of Charles M. Allen.

Now therefore we the said Emma L. Borden and Lizzie A. Borden do hereby covenant and agree, the one with the other as follows to wit, --

1. Said Lizzie shall have the right to exclusively use and occupy said premises and property as a home and place of residence so long as she chooses to do so during her natural life upon condition however that during such time she shall and does pay all water bills and taxes, make and pay for all necessary repairs in connection with the premises and property, keep the undivided half of said Emma in said premises and property insured against fire in the sum of sixty-hundred dollars ---, also $4,000 on the house and $2,000 on the contents ---, and also pay unto said Emma one hundred and fifteen dollars every six months for such use and occupation, the first payment to be made January first A.D. 1906 for six months in advance. .

2. If said Lizzie shall before her death cease to use or occupy said premises and property as foresaid, then forthwith said house and property shall be put into the hands of Charles C. Cook of said Fall River as broker to sell the same at private sale or public auction as he deems expedient, or in case of his decease, in the hands of some other broker to be designated by Andrew J. Jennings and said personal property shall be divided by the parties, or if they cannot agree upon a division, be sold in the same manner as the real estate, the proceeds of such sale after deducting expenses to be divided equally between the parties.

3. Neither party shall during life except as thereinbefore, provided sell, mortgage, lease or otherwise dispose of her said undivided interest without consent of the other.
4. Said Emma and Lizzie shall each provide by will or otherwise so that in case the said undivided interest has not been sold or disposed of as aforesaid the same shall go and belong to the other if she survives her.'

In witness Whereof we the said Emma L. Borden and Lizzie A. Borden have hereto set our hands and seals this twelfth day of October A.D. 1905."

"Emma L. Borden Seal
Lizzie A Borden Seal"

--And Lizzie named Emma and left her naught.

Rebello, Leonard, Lizzie Borden Past & Present, Al-Zach Press, 1999.

Kat · Post by **Kat** » Mon May 02, 2005 1:41 am

Emma's Will, in part:

"SIXTH: If my sister, Lizzie A. Borden, shall survive me and I shall own an interest at the time of my death in that tract of land with the dwelling house thereon situated on the northerly side of French Street, in said Fall River, and being the same premises now occupied by my sister and which were purchased by my sister and myself of Charles M. Allen, then I give, devise and bequeath all my right, title and interest in and to said tract of land and the improvements thereon, to my said sister, Lizzie A. Borden, and all my interest in and to the household furniture in said house or upon said premises.

If, however, at the time of my death I shall have disposed of my interest in said tract of land located on French Street and in the contents of the house, and my said sister, Lizzie A. Borden, shall survive me, then I give and bequeath to my said sister the sum of One Thousand Dollars ($1,000)."

Nona · Post by **Nona** » Mon May 02, 2005 2:08 am

Wow, Thank you all of you for your great thoughts and ideas on this subject!:)

Yes, I can see how Lizzie saying in her will in that particualr was could have just been "lawyer" talk.

So very very sad that Lizzie went back on her word when it came to Emma. I mean at least Emma even though she hadn't seen Lizzie in some 20 some years and was seemingly so unforgiving, she still seemed to recognize that she did want some money passed onto her after she passed. Maybe that was a small token of her forgivness?

Wheather or not Lizzie believed Emma would have been passed before her or ot shouldn't she have said something like if my sister survives me then I leave her.if not it shall go to......she did this for others in her Will.

I actaully think it's down right sneaky to have made a legal pact like that with her own sister and then go back on it!

OHH but since they did sighn that legal agrrement for Maplecroft wouldn't that OVER_RIDE her wishes in her will? Or the other way around?

doug65oh · Post by **doug65oh** » Mon May 02, 2005 2:26 am

Just a guess here (hopefully somewhat educated) but I would think the terms of the will (Lizzie's), as the later document, would supercede her the 1905 covenant, possibly rendering it null and void.

Nona · Post by **Nona** » Mon May 02, 2005 2:37 am

But the before document wasn't a will for either. A bussiness arangement? To me she had already given her word on one document, sighned my both her and Emma, to me.if she was to change her mind it seems only right that she go to Emma and "undo"the arrangement with her and THEN her will to cut her out.

Ah but what do I know about legal stuff.Nothing:) You are probably right Doug:) I know you have a background with that kind of thing:)

The more I think about it the MOREupset it makes me Lizzie went back on her deal...

OR MAYBE even though they made that arrangement Emma knew Lizzie would never live up to her end of the deal in the first place and Emma made SURE to hold up to her deal because.....beacause I don't know why....sometimes I have a thought almost had it and then it's gone sorry.

It's really rather just sad.

Nona · Post by **Nona** » Mon May 02, 2005 2:39 am

Oh, Kat thank you for that intresting stuff on Morose That's on my list of things to check out I think that is worth investigating further:)

Kat · Post by **Kat** » Tue May 03, 2005 1:07 am

Yes I see what you mean about maybe it was more important to Emma herself that she abide by the agreement than it was for Lizzie? That maybe Lizzie knew Emma wouldn't care that much but Emma knew Lizzie would care that much?

Yes it's not nice that Lizzie reneged, but maybe there was a later agreement of which we know nothing? It does say by "will or otherwise."
Can anyone figure out from Emma's wording of her will if this "otherwise" sounds possible?

doug65oh · Post by **doug65oh** » Tue May 03, 2005 2:46 am

Can anyone figure out from Emma's wording of her will if this "otherwise" sounds possible?

Should be do-able within reason I'd think; at least it's worth a try.